16 U.S.C. § 4712 (CONSERVATION)
§ 4712. National ballast water management information
(a) Studies on introduction of aquatic nuisance species by vessels
(1) Ballast exchange study
The Task Force, in cooperation with the Secretary, shall conduct a study—
(A) to assess the environmental effects of ballast water exchange on the diversity and abundance of native species in receiving estuarine, marine, and fresh waters of the United States; and
(B) to identify areas within the waters of the United States and the exclusive economic zone, if any, where the exchange of ballast water does not pose a threat of infestation or spread of aquatic nuisance species in the Great Lakes and other waters of the United States.
(2) Biological study
The Task Force, in cooperation with the Secretary, shall conduct a study to determine whether aquatic nuisance species threaten the ecological characteristics and economic uses of Lake Champlain and other waters of the United States other than the Great Lakes.
(3) Shipping study
The Secretary shall conduct a study to determine the need for controls on vessels entering waters of the United States, other than the Great Lakes, to minimize the risk of unintentional introduction and dispersal of aquatic nuisance species in those waters. The study shall include an examination of—
(A) the degree to which shipping may be a major pathway of transmission of aquatic nuisance species in those waters;
(B) possible alternatives for controlling introduction of those species through shipping; and
(C) the feasibility of implementing regional versus national control measures.
(b) Ecological and ballast water discharge surveys
(1) Ecological surveys
(A) In general
The Task Force, in cooperation with the Secretary, shall conduct ecological surveys of the Chesapeake Bay, San Francisco Bay, and Honolulu Harbor and, as necessary, of other estuaries of national significance and other waters that the Task Force determines—
(i) to be highly susceptible to invasion by aquatic nuisance species resulting from ballast water operations and other operations of vessels; and
(ii) to require further study.
(B) Requirements for surveys
In conducting the surveys under this paragraph, the Task Force shall, with respect to each such survey—
(i) examine the attributes and patterns of invasions of aquatic nuisance species; and
(ii) provide an estimate of the effectiveness of ballast water management and other vessel management guidelines issued and regulations promulgated under this subchapter in abating invasions of aquatic nuisance species in the waters that are the subject of the survey.
(2) Ballast water discharge surveys
(A) In general
The Secretary, in cooperation with the Task Force, shall conduct surveys of ballast water discharge rates and practices in the waters referred to in paragraph (1)(A) on the basis of the criteria under clauses (i) and (ii) of such paragraph.
(B) Requirements for surveys
In conducting the surveys under this paragraph, the Secretary shall—
(i) examine the rate of, and trends in, ballast water discharge in the waters that are the subject of the survey; and
(ii) assess the effectiveness of voluntary guidelines issued, and regulations promulgated, under this subchapter in altering ballast water discharge practices to reduce the probability of accidental introductions of aquatic nuisance species.
(3) Columbia River
The Secretary, in cooperation with the Task Force and academic institutions in each of the States affected, shall conduct an ecological and ballast water discharge survey of the Columbia River system consistent with the requirements of paragraphs (1) and (2).
(c) Reports
(1) Ballast exchange
Not later than 18 months after November 29, 1990, and prior to the effective date of the regulations issued under section 4711(b) of this title, the Task Force shall submit a report to the Congress that presents the results of the study required under subsection (a)(1) and makes recommendations with respect to such regulations.
(2) Biological and shipping studies
Not later than 18 months after November 29, 1990, the Secretary and the Task Force shall each submit to the Congress a report on the results of their respective studies under paragraphs (2) and (3) of subsection (a).
(d) Negotiations
The Secretary, working through the International Maritime Organization, is encouraged to enter into negotiations with the governments of foreign countries concerning the planning and implementation of measures aimed at the prevention and control of unintentional introductions of aquatic nuisance species in coastal waters.
(e) Regional research grants
Out of amounts appropriated to carry out this subsection for a fiscal year, the Under Secretary may—
(1) make available not to exceed $750,000 to fund research on aquatic nuisance species prevention and control in the Chesapeake Bay through grants, to be competitively awarded and subject to peer review, to universities and research institutions;
(2) make available not to exceed $500,000 to fund research on aquatic nuisance species prevention and control in the Gulf of Mexico through grants, to be competitively awarded and subject to peer review, to universities and research institutions;
(3) make available not to exceed $500,000 to fund research on aquatic nuisance species prevention and control for the Pacific Coast through grants, to be competitively awarded and subject to peer review, to universities and research institutions;
(4) make available not to exceed $500,000 to fund research on aquatic nuisance species prevention and control for the Atlantic Coast through grants, to be competitively awarded and subject to peer review, to universities and research institutions; and
(5) make available not to exceed $750,000 to fund research on aquatic nuisance species prevention and control in the San Francisco Bay-Delta Estuary through grants, to be competitively awarded and subject to peer review, to universities and research institutions.
(f) National ballast information clearinghouse
(1) In general
The Secretary shall develop and maintain, in consultation and cooperation with the Task Force and the Smithsonian Institution (acting through the Smithsonian Environmental Research Center), a clearinghouse of national data concerning—
(A) ballasting practices;
(B) compliance with the guidelines issued pursuant to section 4711(c) of this title; and
(C) any other information obtained by the Task Force under subsection (b).
(2) Report
In consultation and cooperation with the Task Force and the Smithsonian Institution (acting through the Smithsonian Environmental Research Center), the Secretary shall prepare and submit to the Task Force and the Congress, on a biennial basis, a report that synthesizes and analyzes the data referred to in paragraph (1) relating to—
(A) ballast water delivery and management; and
(B) invasions of aquatic nuisance species resulting from ballast water.
(Pub. L. 101–646, title I, § 1102, Nov. 29, 1990, 104 Stat. 4764; Pub. L. 104–332, § 2(c), (g), (h)(1), Oct. 26, 1996, 110 Stat. 4081, 4091; Pub. L. 105–362, title XV, § 1502(d), Nov. 10, 1998, 112 Stat. 3295.)
heading: Amendments
text: 1998—Subsec. (f)(2). Pub. L. 105–362 substituted “biennial basis” for “biannual basis” in introductory provisions.
1996—Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1102, which enacted this section.
Pub. L. 104–332, § 2(c)(1), substituted “management information” for “control program” in section catchline.
Subsec. (a)(1). Pub. L. 104–332, § 2(c)(2)(A), inserted “, in cooperation with the Secretary,” before “shall conduct” in introductory provisions.
Subsec. (a)(2). Pub. L. 104–332, § 2(c)(2), inserted “, in cooperation with the Secretary,” before “shall conduct” and “Lake Champlain and other” after “economic uses of”.
Subsec. (b). Pub. L. 104–332, § 2(c)(3), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “The Secretary and the Task Force shall cooperate in conducting their respective studies under this section.”
Subsec. (c). Pub. L. 104–332, § 2(g), substituted “Congress” for “appropriate Committees” in pars. (1) and (2).
Subsecs. (e), (f). Pub. L. 104–332, § 2(c)(4), added subsecs. (e) and (f).