I 
108TH CONGRESS 
1ST SESSION 
H. R. 989
To require the issuance of regulations pursuant to the National Invasive 
Species Act of 1996 to assure, to the maximum extent practicable, 
that vessels entering the Great Lakes do not discharge ballast water 
that introduces or spreads nonindigenous aquatic species and treat such 
ballast water and its sediments through the most effective and efficient 
techniques available, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2003
Mr. HOEKSTRA introduced the following bill; which was referred to the 
Committee on Transportation and Infrastructure 
A BILL 
To require the issuance of regulations pursuant to the Na-
tional Invasive Species Act of 1996 to assure, to the 
maximum extent practicable, that vessels entering the 
Great Lakes do not discharge ballast water that intro-
duces or spreads nonindigenous aquatic species and treat 
such ballast water and its sediments through the most 
effective and efficient techniques available, and for other 
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Great Lakes Ecology 
Protection Act of 2003’’. 
SEC. 2. BALLAST WATER TREATMENT REGULATIONS RE-
QUIRED. 
(a) IN GENERAL.—Section 1101(b) of the Nonindige-
nous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4711(b)) is amended by striking para-
graphs (1) and (2) and inserting the following: 
‘‘(1) IN GENERAL.—The Secretary of Transpor-
tation shall issue regulations to prevent the intro-
duction and spread of aquatic nuisance species with-
in the Great Lakes. 
‘‘(2) CONTENTS OF THE REGULATIONS.—The 
regulations required by paragraph (1) shall—
‘‘(A) ensure to the maximum extent prac-
ticable that ballast water containing aquatic 
nuisance species is not discharged into the 
Great Lakes; 
‘‘(B) protect the safety of each vessel, its 
crew, and passengers, if any; 
‘‘(C) apply to all vessels capable of dis-
charging ballast water, whether equipped with 
ballast water tank systems or otherwise, that 
enter the Great Lakes after operating on waters 
beyond the exclusive economic zone;
‘‘(D) require such vessels to—
‘‘(i) carry out any discharge or ex-
change of ballast water before entering the 
Great Lakes; or 
‘‘(ii) carry out any discharge or ex-
change of ballast water within the Great 
Lakes only in compliance with the regula-
tions; 
‘‘(E) take into consideration different ves-
sel operating conditions; 
‘‘(F) require the use of environmentally 
sound treatment methods for ballast water and 
ballast sediments in preventing and controlling 
infestations of aquatic nuisance species; 
‘‘(G) provide for certification by the master 
of each vessel entering the Great Lakes that 
such vessel is in compliance with the regula-
tions; 
‘‘(H) assure compliance through—
‘‘(i) sampling procedures; 
‘‘(ii) inspection of records; and 
‘‘(iii) imposition of sanctions in ac-
cordance with subsection (g)(1); 
‘‘(I) be based on the best scientific infor-
mation available;
‘‘(J) not supersede or adversely affect any 
requirement or prohibition pertaining to the 
discharge of ballast water into the waters of the 
United States under the Federal Water Pollu-
tion Control Act (33 U.S.C. 1251 et seq.); and 
‘‘(K) include such other matters as the 
Secretary considers appropriate.’’. 
(b) TREATMENT METHODS DEFINED.—Section 1003 
of such Act (16 U.S.C. 4702) is amended by—
(1) redesignating paragraphs (13), (14), (15), 
(16), and (17) in order as paragraphs (14), (15), 
(16), (17), and (18); and 
(2) inserting after paragraph (12) the following: 
‘‘(13) ‘treatment methods’ means the treatment 
of the contents of ballast water tanks, including the 
sediments within such tanks, to remove or destroy 
living biological organisms through—
‘‘(A) filtration; 
‘‘(B) the application of biocides or ultra-
violet light; 
‘‘(C) thermal methods; or 
‘‘(D) other treatment techniques approved 
by the Secretary;’’. 
(c) MAXIMIZING PUBLIC PARTICIPATION
IN
THE 
FORMULATION OF REQUIRED REGULATIONS.—The Sec-