[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 889 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 889
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 7, 2007
Mrs. Miller of Michigan introduced the following bill; which was
referred to the Committee on Transportation and Infrastructure, and in
addition to the Committee on Natural Resources, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to establish vessel ballast water management requirements, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Prevention of Aquatic Invasive
Species Act of 2007''.
SEC. 2. FINDINGS.
Section 1002(a) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4701(a)) is amended by striking
``and'' after the semicolon at the end of paragraph (14), by striking
the period at the end of paragraph (15) and inserting a semicolon, and
by adding at the end the following:
``(16) the introduction of aquatic invasive species into
the Nation's waters is one of the most urgent issues facing
aquatic ecosystems in the United States;
``(17) the direct and indirect costs of aquatic invasive
species to the economy of the United States have been estimated
at billions of dollars per year;
``(18) invasive species are thought to have been involved
in 70 percent of the last century's extinctions of native
aquatic species;
``(19) aquatic invasive species are a significant problem
throughout the United States, including Hawaii, Alaska, San
Francisco Bay, the Great Lakes, the Southeast, and the
Chesapeake Bay;
``(20) ballast water from ships is one of the largest
pathways for the introduction and spread of aquatic invasive
species;
``(21) it has been estimated that some 10,000 non-
indigenous aquatic species travel around the globe each day in
the ballast water of cargo ships;
``(22) over 2 billion gallons of ballast water are
discharged in United States waters each year;
``(23) ballast water has been found to transport not only
invasive plants and animals but pathogens as well, such as
cholera;
``(24) aquatic invasive species may also be introduced by
other vessel conduits, including the hulls of ships;
``(25) aquatic invasive species may be transferred from
other countries, or from distinct regions in the United States;
``(26) current Federal programs are insufficient to
effectively address this growing problem;
``(27) preventing aquatic invasive species from being
introduced is the most cost-effective approach for addressing
this issue because, once established, they are costly and
sometimes impossible to control;
``(28) in 2004, the International Maritime Organization
agreed to a Convention, which the United States played an
active role in negotiating, to prevent, minimize, and
ultimately eliminate the transfer of aquatic invasive species
through the control and management of ballast water and
sediments; and
``(29) the International Maritime Organization agreement
specifically recognizes that countries can take more stringent
measures than those of the Convention with respect to the
control and management of ships' ballast water and sediment.''.
TITLE I--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS
SEC. 101. BALLAST WATER MANAGEMENT.
(a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read
as follows:
``SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES
INTO WATERS OF THE UNITED STATES BY VESSELS.
``(a) Vessels to Which This Section Applies.--
``(1) In general.--Except as provided in paragraphs (2),
(3), and (4), this section applies to a vessel (including a
towed vessel, and any structure being towed by a vessel) that
is designed, constructed, or adapted to carry ballast water;
and
``(A) is a vessel (or a structure being towed by a
vessel) of United States registry or nationality, or
operated under the authority of the United States,
wherever located; or
``(B) is a foreign vessel that (or a structure
being towed by a foreign vessel that)--
``(i) is en route to a United States port
or place; or
``(ii) has departed from a United States
port or place and is within waters subject to
the jurisdiction of the United States.
``(2) Permanent ballast water vessels.--This section does
not apply to a vessel that carries all of its permanent ballast
water in sealed tanks and is not subject to discharge.
``(3) Armed forces vessels.--
``(A) Exemption.--Except as provided in
subparagraph (B), this section does not apply to a
vessel of the Armed Forces.
``(B) Ballast water management program.--The
Secretary of Defense and the Secretary, after
consultation with the Administrator and the Under
Secretary, shall implement a ballast water management
program, including the promulgation of standards for
ballast water exchange and treatment and for sediment
management, for vessels of the Armed Forces under their
respective jurisdictions designed, constructed, or
adapted to carry ballast water that is--
``(i) consistent with the requirements of
this section, including the deadlines; and
``(ii) at least as stringent as the
requirements promulgated for such vessels under
section 312 of the Federal Water Pollution
Control Act (33 U.S.C. 1322).
``(4) Special rule for small recreational vessels.--In
applying this section to recreational vessels less than 50
meters in length that have a maximum ballast water capacity of
8 cubic meters, the Secretary may promulgate alternative
measures for managing ballast water in a manner that is
consistent with the requirements of this section.
``(b) Uptake and Discharge of Ballast Water or Sediment.--
``(1) Prohibition.--The operator of a vessel to which this
section applies may not conduct the uptake or discharge of
ballast water or sediment except as provided in this section.
``(2) Exceptions.--Paragraph (1) does not apply to the
uptake or discharge of ballast water or sediment in the
following circumstances:
``(A) The uptake or discharge is solely for the
purpose of--
``(i) ensuring the safety of the vessel in
an emergency situation; or
``(ii) saving a life at sea.
``(B) The uptake or discharge is accidental and the
result of damage to the vessel or its equipment and--
``(i) all reasonable precautions to prevent
or minimize ballast water and sediment
discharge have been taken before and after the
damage occurs, the discovery of the damage, and
the discharge; and
``(ii) the owner or officer in charge of
the vessel did not willfully or recklessly
cause the damage.
``(C) The uptake or discharge is solely for the
purpose of avoiding or minimizing the discharge from
the vessel of pollution that would otherwise violate
applicable Federal or State law.
``(D) The uptake or discharge of ballast water and
sediment occurs at the same location where the whole of
that ballast water and that sediment originated and
there is no mixing with ballast water and sediment from
another area that has not been managed in accordance
with the requirements of this section.
``(c) Aquatic Invasive Species Plan.--
``(1) In general.--The operator of a vessel to which this
section applies shall conduct all ballast water management
operations of that vessel in accordance with an aquatic
invasive species plan designed to minimize the discharge of
aquatic invasive species that--
``(A) meets the requirements prescribed by the
Secretary by regulation; and
``(B) is approved by the Secretary.
``(2) Approval criteria.--
``(A) In general.--The Secretary may not approve an
aquatic invasive species plan unless the Secretary
determines that the plan--
``(i) describes in detail the actions to be
taken to implement the ballast water management
requirements established under this section;
``(ii) describes in detail the procedures
to be used for disposal of sediment at sea and
on shore in accordance with the requirements of
this section;
``(iii) describes in detail safety
procedures for the vessel and crew associated
with ballast water management;
``(iv) designates the officer on board the
vessel in charge of ensuring that the plan is
properly implemented;
``(v) contains the reporting requirements
for vessels established under this section and
a copy of each form necessary to meet those
requirements;
``(vi) includes documents relevant to
aquatic invasive species management equipment
and procedures;
``(vii) includes the location of access
points for sampling ballast water and sediment;
``(viii) includes other requirements
prescribed by the Secretary, including
operational requirements for complying with
subsections (f) and (g);
``(ix) includes a contingency plan for
acting under the safety or stability exception
under subsection (f)(4), that includes
procedures to reduce the risk of organism
transfer via ballast water discharge; and
``(x) meets all other requirements
prescribed by the Secretary.
``(B) Foreign vessels.--The Secretary may approve
an aquatic invasive species plan for a foreign vessel
(as defined in section 101 of title 46, United States
Code) on the basis of a certificate of compliance with
the criteria described in subparagraph (A) issued by
the vessel's country of registration in accordance with
regulations promulgated by the Secretary.
``(3) Copy of plan on board vessel.--The owner or operator
of a vessel to which this section applies shall--
``(A) maintain a copy of the vessel's aquatic
invasive species plan on board at all times; and
``(B) keep the plan readily available at all
reasonable times for examination by the Secretary or a
representative of the State in which the port is
located.
``(4) Regulations.--The Secretary, in consultation with the
Task Force, shall issue regulations prescribing the
requirements of this subsection.
``(d) Vessel Ballast Water Record Book.--
``(1) In general.--The owner or operator of a vessel to
which this section applies shall maintain a ballast water
record book in English on board the vessel in which--
``(A) each operation involving the uptake or
discharge of ballast water or sediment discharge is
fully recorded without delay, in accordance with
regulations promulgated by the Secretary;
``(B) each such operation is described in detail,
including the location and circumstances of, and the
reason for, the operation; and
``(C) the exact nature and circumstances of any
situation under which any operation was conducted under
an exception set forth in subsection (b)(2) or (f)(4)
is described.
``(2) Availability.--The ballast water record book--
``(A) shall be kept readily available for
examination by the Secretary or a representative of the
State at all reasonable times in each port that is
entered by the vessel; and
``(B) notwithstanding paragraph (1), may be kept on
the towing vessel in the case of an unmanned vessel
under tow.
``(3) Retention period.--The ballast water record book
shall be retained--
``(A) on board the vessel for a period of 3 years
after the date on which the last entry in the book is
made; and
``(B) under the control of the vessel's owner for
an additional period of 3 years.
``(4) Regulations.--In the regulations prescribed under
this section, the Secretary shall require, at a minimum, that--
``(A) each entry in the ballast water record book
be signed and dated by the officer in charge of the
ballast water operation recorded;
``(B) each completed page in the ballast water
record book be signed and dated by the master of the
vessel; and
``(C) the owner or operator of the vessel transmit
such information to the Secretary regarding the ballast
operations of the vessel as the Secretary may require.
``(5) Alternative means of recordkeeping.--The Secretary
shall provide by regulation for alternative methods of
recordkeeping, including electronic recordkeeping, to comply
with the requirements of this subsection.
``(6) National ballast information clearinghouse.--Records
required for a vessel under this subsection shall be
transmitted by the owner or operator of the vessel to the
National Ballast Information Clearinghouse established under
section 1102(f).
``(e) Best Management Practices.--
``(1) Guidelines for best management practices.--The
Secretary shall issue guidance for best management practices
for purposes of compliance with this section by no later than
18 months after the date of the enactment of this subsection.
``(2) Content.--The guidance shall include--
``(A) sediment management in transoceanic vessels,
including--
``(i) saltwater flushing of ballast tanks
in accordance with subsection (f)(9) at regular
intervals, for vessels that declare no-ballast-
on-board or claim to be carrying only
unpumpable quantities of ballast water;
``(ii) the minimization of ballast water
uptake in areas with a greater risk of harmful
organisms entering ballast tanks, such as areas
with toxic algal blooms or known outbreaks of
aquatic invasive species;
``(iii) the avoidance of unnecessary
ballast water discharge in a port of ballast
water taken up in another port;
``(iv) to the maximum extent possible, the
collection and proper disposal of debris from
cleaning of the vessel's hull;
``(v) the proper use of anti-fouling
coating; and
``(vi) the minimization of the transfer of
aquatic invasive species from other pathways
relevant to the vessel or towed structure,
including the hull.
``(f) Ballast Water Exchange Requirements.--
``(1) In general.--Until a vessel is required to conduct
ballast water treatment in accordance with subsection (g) of
this section, the operator of a vessel to which this section
applies may not discharge ballast water except after--
``(A) conducting ballast water exchange, in
accordance with paragraph (3) and regulations
prescribed by the Secretary, in a manner that results
in an efficiency of at least 95 percent volumetric
exchange of the ballast water for each ballast water
tank;
``(B) meeting the requirements of paragraph (9), if
the vessel's condition is such that the vessel is
declared to have no ballast on board or is claimed to
be carrying only unpumpable quantities of ballast;
``(C) using ballast water treatment that meets the
performance standards of subsection (g); or
``(D) using an environmentally sound alternative
ballast water treatment method if the Secretary
determines that the performance of such treatment
meets, for the relevant vessel or group vessels, the
International Maritime Organization standard for
treatment in the Ballast Water Management Convention.
``(2) Alternative ballast water treatment technology to
meet imo standards.--
``(A) In general.--Within 1 year after the date of
the enactment of this paragraph, the Secretary, in
consultation with the Administrator and the Under
Secretary, shall promulgate regulations to establish an
approval process for alternative ballast water
treatment technologies meeting the International
Maritime Organization standard for treatment in the
Ballast Water Management Convention.
``(B) Compliance with ballast water exchange
requirements.--A vessel is not in compliance with
paragraph (1)(D) unless the Secretary, under the
approval process established under subparagraph (A) of
this paragraph, approves the technology employed by the
vessel for purposes of complying with paragraph (1)(D).
``(C) Incentives for use of alternative treatment
methods.--If a vessel uses an alternative ballast water
treatment technology approved under this paragraph,
then vessel is in compliance with subsection (g) for
the 10-year period beginning on the date that the
approved technology is first placed on the vessel.
``(D) Revocation of approval.--The Secretary shall
revoke approval for an alternative technology if--
``(i) it is discovered the technology does
not meet the International Maritime
Organization standard for treatment in the
Ballast Water Management Convention; or
``(ii) use of the technology causes harm to
the environment.
``(E) Discretionary revocation of approval.--The
Secretary may revoke approval for an alternative
technology if revocation of approval is appropriate
under any circumstance.
``(3) Exchange areas.--
``(A) In general.--A vessel is in compliance with
paragraph (1)(A) only if--
``(i) in the case of a vessel en route to a
United States port or place from a port or
place outside the United States exclusive
economic zone, the vessel conducts ballast
water exchange--
``(I) at least 200 nautical miles
from the nearest point of land in the
United States; and
``(II) in water at least 200 meters
in depth;
``(ii) in the case of a vessel originating
from a port or place within the United States
exclusive economic zone, or from a port within
200 nautical miles of the United States in
Canada, Mexico, or other ports designated by
the Secretary for purposes of this section, the
vessel conducts ballast water exchange--
``(I) at least 50 nautical miles
from the nearest point of land in the
United States, or in an area determined
by the Secretary under subparagraph (B)
of this paragraph or paragraph (6); and
``(II) in water at least 200 meters
in depth.
``(B) Designation of exchange areas.--
``(i) Designation.--If the Secretary, in
consultation with the Administrator and the
Under Secretary, determines based on
oceanographic information that 50 nautical
miles is an inadequate distance from the
nearest point of land in the United States to
prevent harm to coastal areas from organisms
released in ballast water exchanges, the
Secretary shall issue regulations that
establish designated areas for allowable
ballast water exchange. The designated areas
shall be located not more than 100 nautical
miles from the nearest point of land in the
United States.
``(ii) Exchange deemed in compliance.--Any
ballast water exchange conducted in accordance
with regulations issued under this subparagraph
is deemed to comply with this paragraph.
``(4) Safety or stability exception.--
``(A) In general.--Paragraphs (1) and (3) do not
apply to the discharge of ballast water by a vessel if
the master of a vessel determines that compliance with
those paragraphs would threaten the safety or stability
of the vessel, its crew, or its passengers because of
adverse weather, equipment failure, or any other
relevant condition.
``(B) Notification required.--Whenever the master
of a vessel is unable to comply with the requirements
of paragraphs (1) and (3) because of a determination
made under subparagraph (A), the master of the vessel
shall--
``(i) notify the Secretary as soon as
practicable thereafter but no later than 24
hours after making that determination;
``(ii) ensure that the determination, the
reasons for the determination, and the notice
are recorded in the vessel's ballast water
record book; and
``(iii) conduct one of the following--
``(I) undertake ballast water
exchange in an alternative area
designated by the Secretary under
paragraph (3)(B) or paragraph (6);
``(II) undertake discharge of
ballast water in accordance with
paragraph (7); or
``(III) act in accordance with a
contingency plan included in the
vessel's aquatic invasive species plan.
``(C) Review of circumstances.--If the master of a
vessel conducts a ballast water discharge under this
paragraph, the Secretary shall review the circumstances
to determine whether the discharge met the requirements
of this paragraph. The review under this subparagraph
shall be in addition to any other enforcement authority
of the Secretary.
``(5) Discharge under waiver.--
``(A) Substantial business hardship waiver.--If,
because of the short length of a voyage, the operator
of a vessel is unable to discharge ballast water in
accordance with the requirements of paragraph
(3)(A)(ii) without substantial business hardship, as
determined under regulations prescribed by the
Secretary, the operator may request a waiver from the
Secretary to discharge ballast water in accordance with
paragraph (7). A request for a waiver under this
subparagraph shall be submitted to the Secretary at
such time and in such form and manner as the Secretary
may require.
``(B) Substantial business hardship.--For purposes
of subparagraph (A), the factors taken into account in
determining substantial business hardship shall include
whether--
``(i) compliance with the requirements of
paragraph (3)(A)(ii) would require a
sufficiently great change in routing or
scheduling of service as to compromise the
economic or commercial viability of the trade
or business in which the vessel is operated; or
``(ii) it is reasonable to expect that the
trade or business or service provided will be
continued only if a waiver is granted under
subparagraph (A).
``(C) Aquatic invasive species plan.--If the
Secretary grants a waiver under this paragraph for a
vessel, then the aquatic invasive species plan as
required for the vessel under subsection (c) shall be
revised to include operations to minimize the risk of
introduction of aquatic invasive species.
``(6) Designation of alternative areas.--
``(A) Review of potential alternative areas.--
Within 1 year after the date of the enactment of this
paragraph, the Secretary, in consultation with the
Under Secretary, the Task Force, the Administrator, and
a representative of any State that may be affected by
discharge of ballast water in an area, shall finish a
review to assist in the designation of alternative
areas that would not be affected by the discharge of
ballast water.
``(B) Regulations.--After completion of the review
in accordance with subparagraph (A), the Secretary may
issue regulations designating alternative areas where
the discharge of ballast water would not affect the
surrounding aquatic ecosystem.
``(C) Review and revision.--The Secretary shall
review and revise the designation of alternative areas
under this paragraph as necessary.
``(D) Special review and revision.--Not later than
90 days after the date on which the Task Force makes a
request to the Secretary for a special review and
revision of the areas designated as alternative areas
for ballast water discharge, the Secretary, in
consultation with the Under Secretary, the Task Force,
the Administrator, and a representative of any State
that may be affected by the discharge of ballast water
in such an area, shall conduct a review to revise the
designations if necessary.
``(7) Permissible discharge.--
``(A) In general.--The discharge of ballast water
shall be considered to be carried out in accordance
with this paragraph if it is--
``(i) in an alternative area designated for
that purpose under paragraph (6) by the
Secretary; or
``(ii) into a reception facility described
in subsection (g)(2).
``(B) Limitation on volume.--The volume of any
ballast water discharged under the provisions of this
paragraph may not exceed the volume necessary to ensure
the safe operation of the vessel.
``(8) Partial compliance.--
``(A) In general.--The operator of a vessel that is
unable to comply fully with the requirements of
paragraphs (1) and (3)--
``(i) shall nonetheless conduct ballast
water exchange to the maximum extent feasible
in compliance with those paragraphs;
``(ii) may conduct a partial ballast water
exchange under this paragraph only to the
extent that the ballast water in an individual
ballast tank can be completely exchanged in
accordance with paragraph (1);
``(iii) shall notify the Secretary as soon
as practicable thereafter, but no later than 24
hours after making the determination to conduct
ballast water exchange under this paragraph;
and
``(iv) shall ensure that the determination,
the reasons for the determination, and the
notice are recorded in the vessel's ballast
water record book.
``(B) Review of circumstances.--If the master of a
vessel conducts a ballast water discharge under this
paragraph, the Secretary shall review the circumstances
to determine whether the vessel was unable to comply
fully with the requirements of paragraphs (1) and (3).
The review under this subparagraph shall be in addition
to any other enforcement authority of the Secretary.
``(9) Special requirements for nobobs.--
``(A) Saltwater flushing requirement.--Beginning
180 days after the date of the enactment of this
paragraph, any vessel operating en route to the United
States from outside the exclusive economic zone of the
United States that is unable to conduct ballast water
exchange as otherwise required under this subsection,
other than as provided in paragraph (4) and paragraph
(5), shall conduct saltwater flushing of its empty
ballast tanks in an area located at least 200 nautical
miles from any point on land in the United States
before entering any port in the United States.
``(B) Saltwater flushing defined.--For the purposes
of this paragraph, the term `saltwater flushing' means
a process that includes--
``(i) the addition to each empty ballast
tank of as much ocean water that is safe for
the vessel and crew;
``(ii) the mixing of the flush water with
residual water and sediment through the motion
of the vessel; and
``(iii) the discharge of the mixed water,
in areas greater than 200 nautical miles from the
nearest point of land in the United States such that
the resultant residual water remaining in the tank has
a salinity greater than 30 parts per thousand.
``(10) Designation of enclosed aquatic ecosystems.--
``(A) In general.--The Secretary, in consultation
with the Under Secretary, the Administrator, the Task
Force, and representatives from affected States
designated by the Task Force, shall designate, in
addition to the Great Lakes, enclosed aquatic
ecosystems in which the potential for movement of
organisms by natural and anthropogenic means is not
significantly altered by the movement of vessels,
including ballast water discharge, to which this
section apply.
``(B) Designation of represented states.--The Task
Force shall designate the States that may appoint
representatives to assist in designating enclosed
aquatic ecosystems under subparagraph (A) and the
number of representatives that may be appointed for
each State. The governor of each designated State shall
appoint the representatives for that State.
``(11) Vessels operating on the great lakes.--No vessel
shall be operated in the Great Lakes if the master of the
vessel has not certified to the Secretary or the Secretary's
designee by not later than the departure of that vessel from
the first lock in the St. Lawrence Seaway that the vessel has
complied with the requirements under this title, including the
regulations issued under this title.
``(12) Certain geographically limited routes.--
Notwithstanding paragraph (3)(B) of this subsection, the
operator of a vessel is not required to comply with the
requirements of paragraph (1) if--
``(A) the vessel operates exclusively--
``(i) within Lake Superior, Lake Michigan,
Lake Huron, and Lake Erie and the connecting
channels;
``(ii) between or among the main group of
the Hawaiian Islands; or
``(iii) within any enclosed aquatic
ecosystem designated under paragraph (10); and
``(B) the vessel carries only ballast water and
sediment from the area identified under subparagraph
(A).
``(13) Marine sanctuaries and other prohibited areas.--A
vessel may not conduct ballast water exchange or discharge
unexchanged ballast water under this subsection within a marine
sanctuary designated under the National Marine Sanctuaries Act
(16 U.S.C. 1431 et seq.) or in any other waters designated by
the Secretary after consultation with the Under Secretary and
the Administrator.
``(14) Study and requirement of alternatives for the great
lakes.--
``(A) Study.--Not later than January 1, 2012, the
Secretary, in consultation with the Administer and the
Under Secretary, shall conduct a study to evaluate
alternatives to on-board treatment, including but not
limited to cargo transfer and shore-based treatment,
for vessels entering the Great Lakes from beyond the
exclusive economic zone.
``(B) Regulations.--The Secretary may promulgate
regulations based on the results of the study to
require alternatives that would assist in preventing
the introduction of aquatic invasive species from
vessels.
``(15) Public notice of actions.--
``(A) Notice requirement.--The Secretary shall
provide public notice of each of the following:
``(i) Exemptions applied under paragraph
(4), including the nature and circumstances
surrounding the application of the exemption.
``(ii) Waivers granted under paragraph (5),
including the nature and circumstances
surrounding the waiver.
``(iii) Instances of partial compliance
under paragraph (8), including the nature and
circumstances surrounding the instance of
partial compliance.
``(iv) Determinations made by the Secretary
after reviews conducted pursuant to paragraphs
(4) and (8).
``(B) Manner of notice.--The Secretary shall
publish notice under this paragraph--
``(i) in the Federal Register and on
relevant web sites maintained by the Secretary;
``(ii) once every 2 weeks; and
``(iii) with respect to all of the matters
referred to in subparagraph (A) for the 2-week
period preceding publication of the notice.
``(C) Database of notices.--The Secretary shall
make all notices published under subparagraph (B)(i)
available, at all times, to the public on relevant
World Wide Web sites maintained by the Secretary.
``(16) Regulations deadline.--The Secretary shall issue a
final rule for regulations required by this subsection within 1
year after the date of enactment of the Prevention of Aquatic
Invasive Species Act of 2007.
``(g) Ballast Water Treatment Requirements.--
``(1) Performance standards.--A vessel to which this
section applies shall conduct ballast water treatment in
accordance with the requirements of this subsection before
discharging ballast water so that the ballast water discharged
will contain--
``(A) less than 1 living organism per 10 cubic
meters that is 50 or more micrometers in minimum
dimension;
``(B) less than 1 living organism per 10
milliliters that is less than 50 micrometers in minimum
dimension and more than 10 micrometers in minimum
dimension;
``(C) concentrations of indicator microbes that are
less than--
``(i) 1 colony-forming unit of toxicogenic
Vibrio cholera (serotypes O1 and O139) per 100
milliliters, or less than 1 colony-forming unit
of that microbe per gram of wet weight of
zoological samples;
``(ii) 126 colony-forming units of
escherichia coli per 100 milliliters; and
``(iii) 33 colony-forming units of
intestinal enterococci per 100 milliliters; and
``(D) concentrations of such additional indicator
microbes as may be specified in regulations promulgated
by the Secretary, after consultation with the
Administrator, that are less than the amount specified
in those regulations.
``(2) Reception facility exception.--
``(A) In general.--Paragraph (1) does not apply to
a vessel that discharges ballast water into--
``(i) a land-based facility for the
reception of ballast water that meets standards
prescribed by the Administrator; or
``(ii) a water-based facility for the
reception of ballast water that meets standards
prescribed by the Secretary.
``(B) Promulgation of standards.--Within 1 year
after the date of enactment of the paragraph--
``(i) the Administrator shall promulgate
standards for--
``(I) the reception of ballast
water in land-based facilities; and
``(II) the disposal or treatment of
ballast water discharged into a land-
based or water-based reception facility
in a way that does not impair or damage
the environment, human health,
property, or resources; and
``(ii) the Secretary shall promulgate
standards for the reception of ballast water in
water-based facilities.
``(3) Implementation schedule.--Paragraph (1) applies to
vessels in accordance with the following schedule:
``(A) First phase.--Beginning January 1, 2010, for
vessels constructed on or after that date with a
ballast water capacity of less than 5,000 cubic meters.
``(B) Second phase.--Beginning January 1, 2013, for
vessels constructed on or after that date with a
ballast water capacity of 5,000 cubic meters or more.
``(C) Third phase.--Beginning January 1, 2015, for
vessels constructed before January 1, 2010, with a
ballast water capacity of 1,500 cubic meters or more
but not more than 5,000 cubic meters.
``(D) Fourth phase.--Beginning January 1, 2017, for
vessels constructed--
``(i) before January 1, 2010, with a
ballast water capacity of less than 1,500 cubic
meters or 5,000 cubic meters or more; or
``(ii) on or after January 1, 2010, and
before January 1, 2013, with a ballast water
capacity of 5,000 cubic meters or more.
``(4) Treatment system approval required.--The operator of
a vessel may not use a ballast water treatment system to comply
with the requirements of this subsection unless the system is
approved by the Secretary under paragraph (8) or (10).
``(5) Feasibility review.--
``(A) In general.--Not less than 2 years before the
date on which paragraph (1) applies to vessels under
each subparagraph of paragraph (3), or as that date may
be extended under this paragraph, the Secretary, in
consultation with the Administrator, the Under
Secretary, and the Task Force, shall complete a review
to determine whether appropriate technologies are
available to achieve the standards set forth in
paragraph (1) for the vessels to which they apply under
the schedule set forth in paragraph (3). In reviewing
the technologies the Secretary shall consider--
``(i) the effectiveness of a technology in
achieving the standards;
``(ii) feasibility in terms of
compatibility with vessel design and
operations;
``(iii) safety considerations;
``(iv) whether a technology is determined
to have an adverse impact on the environment
under the criteria issued under paragraph (11);
and
``(v) cost effectiveness.
``(B) Delay in scheduled application.--If the
Secretary determines, on the basis of the review
conducted under subparagraph (A), that compliance with
the standards set forth in paragraph (1) in accordance
with the schedule set forth in any subparagraph of
paragraph (3) is not feasible for any class of vessels,
the Secretary, in consultation with the Administrator,
the Under Secretary, and the Task Force, shall--
``(i) extend the date on which that
subparagraph first applies to vessels for a
period of not more than 24 months; and
``(ii) recommend action to ensure that
compliance with the extended date schedule for
that subparagraph is achieved.
``(C) Higher standards; earlier implementation.--
``(i) Standards.--If the Secretary
determines that ballast water treatment
technology exists that exceeds the performance
standards required under this subsection, the
Secretary, in consultation with the
Administrator, the Under Secretary, and the
Task Force, shall, for any class of vessels,
revise the performance standards to incorporate
the higher performance standards.
``(ii) Implementation.--If the Secretary
determines that technology that achieves the
applicable performance standards required under
this subsection can be implemented earlier than
required by this subsection, the Secretary, in
consultation with the Administrator, the Under
Secretary, and the Task Force, shall, for any
class of vessels, accelerate the implementation
schedule under paragraph (3). If the Secretary
accelerates the implementation schedule
pursuant to this clause, the Secretary shall
provide notice at least 24 months before such
accelerated implementation goes into effect.
``(iii) Determinations not mutually
exclusive.--The Secretary shall take action
under both clause (i) and clause (ii) if the
Secretary makes determinations under both
clauses.
``(D) Interim standards.--If the Secretary
determines that appropriate technologies are not
available to meet the standards set forth in paragraph
(1), then the International Maritime Organization
standard for treatment in the Ballast Water Management
Convention shall apply instead of the standards set
forth in paragraph (1), in accordance with the
implementation schedule established under paragraph
(3), until the standards set forth in paragraph (1)
take effect pursuant to subparagraph (B).
``(6) Review of ballast water treatment standards.--At the
end of the 3-year period beginning on the date of the enactment
of this paragraph and every 3 years thereafter, the Secretary,
in consultation with the Administrator and based on
recommendations by the Task Force and information collected and
analyzed under this title, and in accordance with criteria
developed by the Task Force under paragraph (15), shall--
``(A) assess the compliance by vessels with
regulations promulgated under this section;
``(B) assess the effectiveness of regulations
promulgated under this section in reducing the
introduction and spread of aquatic invasive species by
vessels;
``(C) assess the approval process under paragraph
(8); and
``(D) as necessary, revise regulations promulgated
under this section and promulgate new regulations.
``(7) Special review and revision.--Not later than 90 days
after the date on which the Task Force makes a request to the
Secretary for a special review and revision of the regulations
promulgated under this section, the Secretary, in consultation
with the Administrator, shall conduct a special review in
accordance with paragraph (6), including the revision of
regulations or the promulgation of new regulations as
necessary.
``(8) Approval of ballast water treatment systems.--
``(A) Regulations.--The Secretary, in consultation
with the Administrator, the Under Secretary, and the
Task Force and by not later than 1 year after the date
of the enactment of this paragraph, shall issue
regulations establishing an approval process for
ballast water treatment systems. The regulations shall
include standards for the certification of treatment or
practices and an ongoing enforcement of the use of
treatments and practices.
``(B) Qualified type-approval process.--The
approval of ballast water treatment systems shall be
based on a qualified type-approval process that is
capable of estimating the extent to which treated
ballast water discharge is to comply with the standards
of paragraph (1).
``(C) Consideration of restrictions.--The approval
of ballast water treatment systems shall take into
account restrictions relating to--
``(i) biological, chemical, or physical
conditions of water taken into ballast tanks;
and
``(ii) conditions encountered during a
ship's voyage.
``(D) Environmental soundness and safety.--The
approval process for ballast water treatment systems
shall be capable of determining the extent to which a
ballast water treatment method is--
``(i) environmentally sound based on
criteria promulgated by the Administrator
pursuant to paragraph (11); and
``(ii) safe for vessel and crew.
``(E) Estimation of useful life.--The approval
process for ballast water treatment systems may be used
to estimate the useful life of the ballast water
treatment system, as determined on the basis of voyage
patterns and normal use conditions.
``(F) Ship-boarding testing.--The approval process
of ballast water treatment systems shall include a
ship-boarding testing component, and may include a
shore-based testing component.
``(G) Monitoring.--The approval process for ballast
water treatment systems shall provide for appropriate
monitoring.
``(H) Application form and information.--The
Secretary shall approve an application for
certification of ballast water treatment system only if
the application is in such form and contains such
information as the Secretary requires.
``(9) Monitoring and effectiveness; revocation of
certification.--Based on the results of appropriate monitoring
of ballast water treatment systems, the Secretary shall revoke
the certification of a ballast water treatment system if it is
found that ballast water treated with the system does not meet
the standards of paragraph (1) or paragraph (11).
``(10) Approval of experimental ballast water treatment
technologies.--
``(A) In general.--If a vessel participates in a
program approved by the Secretary to test and evaluate
promising ballast water treatment technologies that are
likely to result in treatment technologies achieving a
standard that is the same as or more stringent than the
standard that applies under paragraph (1) before the
first date on which paragraph (1) applies to that
vessel, the Secretary shall certify a vessel to allow
the use of that technology and such vessel shall be
deemed to be in compliance with the requirements of
paragraph (1) during the period of certification.
``(B) Guidelines by secretary.--The Secretary, in
consultation with the Administrator, the Under
Secretary, and the Task Force, within 1 year after the
date of the enactment of this paragraph shall issue
guidelines for the approval of experimental ballast
water treatment technologies that are likely to meet
the standards of paragraph (1).
``(C) Guidelines by administrator.--The
Administrator, in consultation with the Secretary, the
Under Secretary, and the Task Force, within 1 year
after the date of the enactment of this paragraph shall
issue guidelines for the approval of ballast water
treatment technologies under this paragraph pursuant to
the environmental soundness criteria under paragraph
(11).
``(D) Criteria by administrator.--The Administrator
shall include in criteria promulgated under paragraph
(11) specific criteria to grant environmental soundness
exceptions such that, in an emergency situation, to
achieve reductions in significant and acute risk of
transfers of invasive species by vessels, the Secretary
and the Administrator may jointly determine to make an
exception to criteria of paragraph (11). To be eligible
for an exception, approval for an experimental
technology under this paragraph shall be subject to all
other provisions of this paragraph.
``(E) Certification by administrator.--Not later
than 90 days after receiving an application, the
Administrator shall review the application for
compliance with environmental soundness criteria under
paragraph (11) and certify the ballast water treatment
system covered by the application as meeting
environmental requirements if it indeed meets those
criteria. The Administrator's determination should be
based on independent and peer-reviewed information.
``(F) Approval or disapproval by secretary.--Not
later than 180 days after receiving an application, the
Secretary shall--
``(i) determine if the ballast water
treatment system covered by the application
meets the requirements of this subsection;
``(ii) approve or disapprove the
application; and
``(iii) provide the applicant written
notice of the approval or disapproval.
``(G) Appeal process.--As part of the guidelines
issued under this paragraph, the Secretary shall
establish a process for applicants receiving a notice
of disapproval to appeal the Secretary's decision.
``(H) Certification by administrator required.--The
Secretary shall approve and certify a ballast water
treatment system only if the Administrator certifies
the system as meeting the criteria of paragraph (11).
``(I) Conditions of use of approved systems.--As
determined by the Secretary in consultation with the
Administrator and the Under Secretary, approved ballast
water treatment systems shall be used only for voyage
patterns, durations, or any other characteristic that
may affect the effectiveness or environmental soundness
of the ballast water treatment system covered by the
application.
``(J) Determination of vessels to use approved
system.--Approved ballast water treatment systems may
be applicable to a specific vessel or group of vessels
as determined by the Secretary.
``(K) Variety and type of participating vessels.--
The Secretary shall seek to ensure that a wide variety
of vessel types and voyages are included in the
program, but may not grant a delay under this paragraph
to more than 5 percent of the vessels to which this
subsection applies.
``(L) Exemptions.--A vessel operating en route to
the United States from outside the exclusive economic
zone of the United States that declares to have no
ballast on board or is claimed to be carrying only
umpumpable quantities of ballast are exempt from the
requirements of subparagraph (K).
``(M) Term of certification.--The certification of
an approved ballast water treatment system shall be
valid only for the lesser of the following:
``(i) The expected life of the ballast
water treatment system.
``(ii) 10 years.
``(iii) Until such time as the Secretary or
Administrator (as appropriate) determines that,
based on available information, the ballast
water treatment system fails to meet the
requirements of this subsection.
``(N) Termination of certification.--The Secretary
may terminate the certification of a vessel under this
subsection if participation of the vessel in the
program is terminated without the consent of the
Secretary.
``(O) Sampling and reporting information.--Upon
receiving approval for a treatment under this
paragraph, the owner or operator of a vessel shall
collect and report such information requested by the
Secretary regarding the operational and biological
effectiveness of the treatment through sampling of the
intake and discharge ballast.
``(P) Annual evaluation; revocation of
certification.--The Secretary, in consultation with the
Administrator and the Under Secretary, shall establish
an annual evaluation process to determine if approved
experimental technology is effective or causing harm to
the environment. If the technology is not effective or
causes harm to the environment, then the Secretary
shall revoke the certification.
``(Q) Fees.--The Secretary, with concurrence of the
Administrator, may establish fees for processing the
application.
``(11) Environmental soundness criteria for ballast water
treatment systems.--
``(A) In general.--The Administrator shall include
in criteria promulgated under section 1202(k)(1)
specific criteria--
``(i) to ensure environmental soundness of
ballast water treatment systems; and
``(ii) to grant environmental soundness
exceptions under subparagraph (B).
``(B) Exceptions.--In reviewing applications under
paragraph (10) in an emergency situation to achieve
reductions in significant and acute risk of transfers
of invasive species by vessels, the Secretary and the
Administrator may jointly determine to make an
exception to criteria described in subparagraph (A)(i).
``(12) Incentives for use of ballast water treatment
systems.--The Secretary, the Secretary of Transportation, and
the Administrator shall assist owners or operators of vessels
that seek to obtain experimental approval for installation of
ballast water treatment systems, including through providing
guidance on--
``(A) a sampling protocol and test program for cost
effective treatment evaluation;
``(B) sources of sampling equipment and field
biological expertise; and
``(C) examples of shipboard evaluation studies.
``(13) Selection of technologies and practices.--In
selecting technologies and practices for shipboard
demonstration under section 1104(b), the Secretary of the
Interior and the Secretary of Commerce shall give priority
consideration to technologies and practices that have received
or are in the process of receiving certification under
paragraph (10).
``(14) Annual summaries on performance of ballast water
treatment technologies.--
``(A) Annual summaries.--The Secretary shall
annually summarize, and make available to interested
persons, all available information on the performance
of technologies proposed for ballast water treatment to
facilitate the application process for experimental
approval for ballast water treatment.
``(B) Publication of other information.--The
Administrator, in consultation with the Invasive
Species Council, shall publish not later than 1 year
after the date of the enactment of this paragraph and
update annually--
``(i) a list of environmentally sound
treatment methods that meet the requirements of
this section;
``(ii) accompanying research that supports
the environmental soundness of each approved
treatment method; and
``(iii) explicit guidelines under which
each treatment method can be used in an
environmentally sound manner.
``(C) Reports.--The Invasive Species Council and
the Task Force shall include the published information
in the reports submitted under section 1201(f)(2)(B).
``(15) Criteria for adequacy and effectiveness.--Not later
than 1 year after the date of the enactment of this paragraph
and every 3 years thereafter, the Task Force shall submit to
the Secretary criteria for determining the adequacy and
effectiveness of all regulations promulgated under this
section.
``(16) High-risk vessels.--
``(A) Vessel list.--Within 1 year after the date of
enactment of the Prevention of Aquatic Invasive Species
Act of 2007, the Secretary shall initiate a list, in
consultation with States, of vessels that, due to
factors such as the origin of their voyages, the
frequency of their voyages, the volume of ballast water
they carry, the biological makeup of the ballast water,
and the fact that they frequently discharge unexchanged
or improperly exchanged ballast water pursuant to an
exception under subsection (f), pose a relatively high
risk of introducing aquatic invasive species into the
waters of those States.
``(B) Incentive programs.--The Secretary shall--
``(i) give priority to vessels on the list
for participation in pilot programs described
in paragraph (10); and
``(ii) encourage Federal and State
technology development programs or other
incentives (whether positive or negative) to
give priority to such vessels in order to
encourage the adoption of ballast water
treatment technology by those vessels
consistent with the requirements of this
section on an expedited basis.
``(17) Qualified exemptions.--
``(A) In general.--A vessel operating entirely on
the Great Lakes or in enclosed aquatic ecosystems
designated under subsection (f)(10) shall be granted an
exemption from the requirements of this subsection if
the vessel meets requirements prescribed by the
Secretary.
``(B) Guidelines establishing process.--The
Secretary, in consultation with the Administrator and
the Task Force, shall issue guidelines establishing a
process for certifying vessels as exempt under this
paragraph. The guidelines shall ensure that ships
receiving an exemption carry only ballast water and
sediment from the enclosed aquatic ecosystem in which
the vessel operates.
``(C) Limitation on exemptions.--The Secretary
shall not issue an exemption under this paragraph if
the exemption would increase the risk of the invasion
and spread of aquatic invasive species relative to a
situation where an applicable vessel complies with the
requirements of this subsection.
``(D) Review of exemptions.--
``(i) Required review.--The Secretary shall
review any exemption granted under this
paragraph at least as often as every 2 years,
and shall approve or revoke the exemption based
on the review and the requirements of this
paragraph.
``(ii) Discretionary review.--The Secretary
may review an exemption at any time.
``(iii) Review upon request.--The
Administrator or the Task Force may request a
review of an exemption at any time. Upon
receipt of such a request, the Secretary shall
complete a review within 14 days.
``(h) Warnings Concerning Ballast Water Uptake.--
``(1) In general.--The Secretary shall notify vessel owners
and operators of any area in waters subject to the jurisdiction
of the United States in which vessels should not uptake ballast
water due to known conditions.
``(2) Contents.--The notice shall include--
``(A) the coordinates of the area; and
``(B) if possible, the location of alternative
areas for the uptake of ballast water.
``(i) Sediment Management.--
``(1) In general.--The operator of a vessel to which this
section applies may not remove or dispose of sediment from
spaces designed to carry ballast water except--
``(A) in accordance with this subsection and the
aquatic invasive species plan required under subsection
(c); and
``(B) more than 200 nautical miles from the nearest
point of land in the United States or into a reception
facility that meets the requirements of paragraph (3).
``(2) Design requirements.--
``(A) New vessels.--After December 31, 2009, it
shall be unlawful to construct a vessel in the United
States to which this section applies unless that vessel
is designed and constructed, in accordance with
regulations prescribed under subparagraph (C), in a
manner that--
``(i) minimizes the uptake and entrapment
of sediment;
``(ii) facilitates removal of sediment; and
``(iii) provides for safe access for
sediment removal and sampling.
``(B) Existing vessels.--Every vessel to which this
section applies that was constructed before January 1,
2010, shall be modified before January 1, 2010, to the
extent practicable, to achieve the objectives described
in clauses (i), (ii), and (iii) of subparagraph (A).
``(C) Regulations.--The Secretary shall promulgate
regulations establishing design and construction
standards to achieve the objectives of subparagraph (A)
and providing guidance for modifications and practices
under subparagraph (B). The Secretary shall incorporate
the standards and guidance in the regulations governing
the aquatic invasive species plan.
``(3) Sediment reception facilities.--
``(A) Standards.--The Administrator shall
promulgate regulations governing facilities for the
reception of vessel sediment from spaces designed to
carry ballast water that provide for the disposal of
such sediment in a way that does not impair or damage
the environment, human health, or property or resources
of the disposal area. The Administrator may not
prescribe standards under this subparagraph that are
less stringent than any otherwise applicable Federal,
State, or local law requirements.
``(B) Designation.--The Administrator shall
designate facilities for the reception of vessel
sediment that meet the requirements of the regulations
promulgated under subparagraph (A) at ports and
terminals where ballast tanks are cleaned or repaired.
``(j) Examinations and Certifications.--
``(1) Initial examination.--
``(A) In general.--The Secretary shall examine
vessels to which this section applies to determine
whether--
``(i) there is an aquatic invasive species
plan for the vessel that meets the requirements
of this section; and
``(ii) the equipment used for ballast water
and sediment management in accordance with the
requirements of this section and the
regulations promulgated hereunder is installed
and functioning properly.
``(B) New vessels.--For vessels constructed on or
after January 1, 2010, the Secretary shall conduct the
examination required by subparagraph (A) before the
vessel is placed in service.
``(C) Existing vessels.--For vessels constructed
before January 1, 2010, the Secretary shall--
``(i) conduct the examination required by
subparagraph (A) before the date on which
subsection (g)(1) applies to the vessel
according to the schedule in subsection (g)(3);
and
``(ii) inspect the vessel's ballast water
record book required by subsection (d).
``(D) Foreign vessels.--In the case of a foreign
vessel (as defined in section 101 of title 46, United
States Code), the Secretary shall perform the
examination required by this paragraph the first time
the vessel enters a United States port.
``(2) Subsequent examinations.--The Secretary shall examine
vessels no less frequently than once each year to ensure vessel
compliance with the requirements of this section.
``(3) Inspection authority.--The Secretary may carry out
such inspections of any vessel to which this section applies at
any time, including the taking of ballast water samples, to
ensure the vessel's compliance with this Act.
``(4) Required certificate.--If, on the basis of an initial
examination under paragraph (1) the Secretary finds that a
vessel complies with the requirements of this section and the
regulations promulgated hereunder, the Secretary shall issue a
certificate under this paragraph as evidence of such
compliance. The certificate shall be valid for a period of not
more than 5 years, as specified by the Secretary. The
certificate or a true copy shall be maintained on board the
vessel.
``(5) Notification of violations.--If the Secretary finds,
on the basis of an examination under paragraph (1) or paragraph
(2), sampling under paragraph (3), or any other information,
that a vessel is being operated in violation of the
requirements of this section and the regulations promulgated
hereunder, the Secretary shall--
``(A) notify--
``(i) the master of the vessel; and
``(ii) the captain of the port at the
vessel's next port of call; and
``(B) take such other action as may be appropriate.
``(6) Compliance monitoring.--The Secretary shall by
regulation establish sampling procedures to monitor compliance
with the requirements of this section.
``(7) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
requirements issued under this section.
``(k) Detention of Vessels.--
``(1) In general.--The Secretary, by notice to the owner,
charterer, managing operator, agent, master, or other
individual in charge of a vessel, may detain that vessel if the
Secretary has reasonable cause to believe that--
``(A) the vessel is a vessel to which this section
applies; and
``(B) the vessel does not comply with the
requirements of this section or of the regulations
issued hereunder or is being operated in violation of
such requirements.
``(2) Clearance.--
``(A) In general.--A vessel detained under
paragraph (1) may obtain clearance under section 42101
of title 46, United States Code, only if the violation
for which it was detained has been corrected.
``(B) Withdrawal.--If the Secretary finds that a
vessel detained under paragraph (1) has received a
clearance under section 42101 of title 46, United
States Code, before it was detained under paragraph
(1), the Secretary shall withdraw, withhold, or revoke
the clearance.
``(l) Sanctions.--
``(1) Civil penalties.--Any person who violates a
regulation promulgated under this section shall be liable for a
civil penalty in an amount not to exceed $50,000. Each day of a
continuing violation constitutes a separate violation. A vessel
operated in violation of the regulations is liable in rem for
any civil penalty assessed under this subsection for that
violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under this section is
guilty of a class C felony.
``(3) Revocation of clearance.--Except as provided in
subsection (k)(2), upon request of the Secretary, the Secretary
of the Treasury shall withhold or revoke the clearance of a
vessel required by section 4197 of the Revised Statutes (46
U.S.C. App. 91), if the owner or operator of that vessel is in
violation of the regulations issued under this section.
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) the master of a vessel discharges ballast
water in accordance with subsection (f)(4); and
``(B) the Secretary determines that the
requirements of subsection (f)(4) are met.
``(m) Enforcement.--
``(1) Administrative actions.--If the Secretary finds,
after notice and an opportunity for a hearing, that a person
has violated any provision of this section or any regulation
promulgated hereunder, the Secretary may assess a civil penalty
for that violation.
``(2) Civil actions.--At the request of the Secretary, the
Attorney General may bring a civil action in an appropriate
district court of the United States to enforce this section, or
any regulation promulgated hereunder. Any court before which
such an action is brought may award appropriate relief,
including temporary or permanent injunctions and civil
penalties.
``(n) Coordination With Other Agencies.--The Secretary is
encouraged to use, with consent of the head of the Federal or State
agency concerned, the expertise, facilities, and personnel of
appropriate Federal and State agencies and organizations that have
routine contact with vessels, as determined by the Secretary.
``(o) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, after consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of aquatic invasive species.
``(p) International Cooperation.--The Secretary, in cooperation
with the Under Secretary, the Secretary of State, the Administrator,
the heads of other relevant Federal agencies, the International
Maritime Organization of the United Nations, and the Commission on
Environmental Cooperation established pursuant to the North American
Free Trade Agreement, is encouraged to enter into negotiations with the
governments of foreign countries to develop and implement an effective
international program for preventing the unintentional introduction and
spread of aquatic invasive species, particularly by seeking bilateral
and multilateral agreements with Canada (through the International
Joint Commission), Mexico, and other nations in the Wider Caribbean (as
defined in the Convention for the Protection and Development of the
Marine Environment of the Wider Caribbean, Cartagena Convention).
``(q) Non-Discrimination.--The Secretary shall ensure that vessels
registered outside of the United States do not receive more favorable
treatment than vessels registered in the United States when the
Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.
``(r) Support for Federal Ballast Water Demonstration Project.--In
addition to amounts otherwise available to the Maritime Administration,
the National Oceanographic and Atmospheric Administration, and the
United States Fish and Wildlife Service for the Federal Ballast Water
Demonstration Project, the Secretary shall provide support for the
conduct and expansion of the project, including grants for research and
development of innovative technologies for the management, treatment,
and disposal of ballast water and sediment, for ballast water exchange,
and for other vessel vectors of aquatic invasive species such as hull-
fouling. There are authorized to be appropriated to the Secretary such
sums as may be necessary for each of fiscal years 2008 through 2012 to
carry out this subsection.
``(s) Consultation With Task Force.--The Secretary shall consult
with the Task Force in carrying out this section.
``(t) Preemption.--
``(1) In general.--Except as provided in paragraph (2) but
notwithstanding any other provision of law, the provisions of
subsections (f) and (g) supersede any provision of State or
local law that is inconsistent with the requirements of those
subsections or that conflicts with the requirements of those
subsections. The imposition, by State or local law, of greater
penalties or fees for acts or omissions that are violations of
such law and also violations of this Act shall not be
considered to be inconsistent with, or to conflict with, the
requirements of those subsections. Nothing in the preceding
sentence limits the scope of State or local law provisions that
are not to be considered to be inconsistent with, or to
conflict with, the requirements of those subsections
``(2) Reception facilities.--The standards prescribed by
the Administrator or the Secretary under subsection (g)(2) do
not supersede any more stringent standard under any otherwise
applicable Federal, State, or local law.
``(3) Application with other statutes.--This section
provides the Federal authority for addressing aquatic invasive
species in ballast water or sediment. If there is a conflict
between any otherwise applicable provision of Federal law and
the requirements of this section, the provisions of this
section shall control to the extent that such requirements
relate to vessels with respect to aquatic invasive species in
ballast water or sediment.
``(u) Regulations.--
``(1) In general.--The Secretary, after consultation with
the Administrator, shall issue such regulations as may be
necessary initially to carry out this section within 1 year
after the date of enactment of the Prevention of Aquatic
Invasive Species Act of 2007.
``(2) Judicial review.--
``(A) 120-day rule.--An interested person may bring
an action for review of a final regulation promulgated
under this section by the Secretary of the department
in which the Coast Guard is operating, or by the
Administrator, in the United States Circuit Court of
Appeals for the Federal judicial district in which that
person resides or transacts business which is directly
affected by that regulation only if that action is
filed within--
``(i) 120 days after the date on which the
regulation is promulgated; or
``(ii) more than 120 days after that date
if the action is based on grounds that arose
after that 120-day period.
``(B) Review in enforcement proceedings.--A
regulation for which review could have been obtained
under subparagraph (A) of this paragraph is not subject
to judicial review in any civil or criminal proceeding
for enforcement.''.
(b) Definitions.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4702) is
amended--
(1) by redesignating--
(A) paragraph (1) and (2) as paragraphs (2) and
(3), respectively;
(B) paragraph (3) as paragraph (5);
(C) paragraphs (4), (5), (6), (7), (8), (9), and
(10) as paragraphs (9), (10), (11), (12), (13), (14),
and (15), respectively;
(D) paragraphs (11) and (12) as paragraphs (18) and
(19), respectively;
(E) paragraphs (13), (14), and (15) as paragraphs
(21), (22), and (23), respectively;
(F) paragraph (16) as paragraph (27); and
(G) paragraph (17) as paragraph (24), and moving it
so as to appear immediately after paragraph (23), as
redesignated;
(2) by striking--
(A) ``nuisance'' in paragraph (2), as redesignated,
and inserting ``invasive'';
(B) ``nuisance'' in paragraph (11), as
redesignated, and inserting ``invasive'';
(C) ``Nuisance'' in paragraph (21), as
redesignated, and inserting ``Invasive''; and
(D) ``Canandian'' in paragraph (12), as
redesignated, and inserting ``Canadian'';
(3) by inserting before paragraph (2) the following:
``(1) `Administrator' means the Administrator of the
Environmental Protection Agency;'';
(4) by striking paragraph (5), as redesignated, and
inserting after paragraph (3), as redesignated, the following:
``(4) `ballast tank' means any tank, space, or compartment
on a vessel that is used for carrying, loading, or discharging
ballast water, including any multi-use tank, space, or
compartment designed to allow carriage of ballast water;
``(5) `ballast water'--
``(A) except as provided in subparagraph (B),
means--
``(i) water taken on board a vessel to
control trim, list, draught, stability, or
stresses of the vessel, including matter
suspended in such water; and
``(ii) any water placed into a ballast tank
during cleaning, maintenance, or other
operations; and
``(B) does not include water that--
``(i) at the time of discharge, does not
contain aquatic invasive species; and
``(ii) was taken on board a vessel and used
for a purpose described in subparagraph (A);
``(6) `ballast water capacity' means the total volumetric
capacity of all ballast tanks on a vessel;
``(7) `ballast water management' means mechanical,
physical, chemical, and biological processes used, either
singularly or in combination, to remove, render harmless, or
avoid the uptake or discharge of harmful aquatic organisms and
pathogens within ballast water and sediment;
``(8) `constructed' means a state of construction of a
vessel at which--
``(A) the keel is laid;
``(B) construction identifiable with the specific
vessel begins;
``(C) assembly of the vessel has begun comprising
at least 50 tons or 1 percent of the estimated mass of
all structural material of the vessel, whichever is
less; or
``(D) the vessel undergoes a major conversion;'';
(5) by inserting after paragraph (15), as redesignated, the
following:
``(16) `Invasive Species Council' means the interagency
council established by section 3 of Executive Order No. 13112
(42 U.S.C. 4321 note);
``(17) `major conversion' means a conversion of a vessel,
that--
``(A) changes its ballast water carrying capacity
by at least 15 percent;
``(B) changes the vessel class;
``(C) is projected to prolong the vessel's life by
at least 10 years (as determined by the Secretary); or
``(D) results in modifications to the vessel's
ballast water system, except--
``(i) component replacement-in-kind; or
``(ii) conversion of a vessel to meet the
requirements of section 1101(f);'';
(6) by inserting after paragraph (19), as redesignated, the
following:
``(20) `sediment' means matter that has settled out of
ballast water within a vessel;'';
(7) by inserting after paragraph (24), as redesignated, the
following:
``(25) `United States port' means a port, river, harbor, or
offshore terminal under the jurisdiction of the United States,
including a port located in Puerto Rico, Guam, the Northern
Marianas, or the United States Virgin Islands;
``(26) `vessel of the Armed Forces' means--
``(A) any vessel owned or operated by the
Department of Defense, other than a time or voyage
chartered vessel; and
``(B) any vessel owned or operated by the
Department of Homeland Security that is designated by
the Secretary of the department in which the Coast
Guard is operating as a vessel equivalent to a vessel
described in subparagraph (A);'';
(8) by striking the period at the end of paragraph (24), as
redesignated, and inserting a semicolon; and
(9) by inserting after paragraph (27), as redesignated, the
following:
``(28) `waters subject to the jurisdiction of the United
States' means navigable waters and the territorial sea of the
United States, the exclusive economic zone, and the Great
Lakes.''.
TITLE II--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
SEC. 201. COAST GUARD REPORTS AND STANDARDS ON OTHER SOURCES OF VESSEL-
BORNE INVASIVE SPECIES.
(a) Report on Hull-Fouling and Other Vessel Sources.--Within 180
days after the date of enactment of this Act, the Commandant of the
Coast Guard shall transmit a report to the Congress on vessel-related
vectors of harmful aquatic organisms and pathogens other than ballast
water and sediment, including vessel hulls and equipment, and from
vessels equipped with ballast tanks that carry no ballast water on
board.
(b) Best Practices.--
(1) Standards and procedures.--As soon as practicable, the
Coast Guard shall develop and implement best practices
standards and procedures designed to reduce the introduction of
invasive species into and within the United States from vessels
and establish a timeframe for implementation of those standards
and procedures by vessels, in addition to the mandatory
requirements set forth in section 1101 for ballast water.
(2) Included standards.--Standards and procedures
implemented under paragraph (1) should include designation of
geographical locations for uptake and discharge of untreated
ballast water, as well as standards and procedures for other
vessel vectors of aquatic invasive species.
(3) Report on standards and procedures.--The Commandant of
the Coast Guard shall transmit a report to the Congress
describing the standards and procedures developed and the
implementation timeframe, together with any recommendations,
including legislative recommendations if appropriate, the
Commandant deems appropriate.
(4) Regulations.--The Secretary may promulgate regulations
to incorporate and enforce standards and procedures developed
under this subsection.
(c) Transiting Vessels.--Within 180 days after the date of
enactment of this Act, the Commandant of the Coast Guard shall transmit
a report to the Congress containing--
(1) an assessment of the magnitude and potential adverse
impacts of ballast water operations from foreign vessels
designed, adapted, or constructed to carry ballast water that
are transiting waters subject to the jurisdiction of the United
States; and
(2) recommendations, including legislative recommendations
if appropriate, of options for addressing ballast water
operations of those vessels.
TITLE III--COORDINATION
SEC. 301. PROGRAM COORDINATION.
(a) Membership of Task Force.--Section 1201(b) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) in paragraph (3) by striking ``of the Environmental
Protection Agency'';
(3) by redesignating paragraph (7) as paragraph (12); and
(4) by inserting after paragraph (6) the following:
``(7) the Director of the United States Geological Survey;
``(8) the Director of the Smithsonian Environmental
Research Center;
``(9) the Secretary of State;
``(10) the Secretary of Transportation;
``(11) the Secretary of Homeland Security; and''.
(b) Coordination With Invasive Species Council.--Section 1201(f) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(16 U.S.C. 4721(f)) is amended--
(1) by striking ``Each Task Force member'' and inserting
the following:
``(1) In general.--Each member of the Task Force''; and
(2) by adding at the end the following:
``(2) Invasive species council.--The Invasive Species
Council shall--
``(A) coordinate and cooperate with the Task Force
in carrying out the duties of the Invasive Species
Council relating to aquatic invasive species;
``(B) not later than 2 years after the date of
enactment of the Prevention of Aquatic Invasive Species
Act of 2007, and every 3 years thereafter, submit to
Congress a report that summarizes the status of the
conduct of activities authorized by and required under
this Act; and
``(C) establish any regional panels or task forces
in coordination with the regional panels of the Task
Force convened under section 1203.''.
(c) Coordination With Other Programs.--Section 1202(c) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722(c)) is amended by adding at the end the following:
``(3) Recommendations for lists.--The Task Force shall
annually recommend to Federal agencies of jurisdiction such
additions of aquatic invasive species as the Task Force
determines to be appropriate for inclusion on--
``(A) any list of species of wildlife under the
Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.)
(including regulations under such Act); or
``(B) any list of noxious weeds under the Plant
Protection Act (7 U.S.C. 7701 et seq.) (including
regulations promulgated under that Act contained in
part 360 of title 7, Code of Federal Regulations (or
any successor regulations)).''.
(d) Regional Coordination.--Section 1203 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is
amended by adding at the end the following:
``(d) Annual Interregional Meeting.--The Task Force shall annually
convene all regional panels established pursuant to this Act for the
purpose of information transfer between and among panels, and between
the panels and the Task Force, regarding aquatic invasive species
management.
``(e) Organizations.--An interstate organization that has a Federal
charter authorized by law, interstate agreement, or Executive Order for
purposes of fisheries or natural resource management may receive funds
under this Act to implement activities authorized under this Act.''.
(e) State Aquatic Invasive Species Management Plans.--Section
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4724(a)) is amended--
(1) by striking paragraph (2)(A) and inserting the
following:
``(A) identify and describe State and local
programs for environmentally sound prevention and
control of the target aquatic invasive species in
accordance with guidelines issued by the Task Force
under paragraph (5), including--
``(i) rapid response contingency strategies
under section 1211;
``(ii) early detection strategies under
section 1211(a)(2)(D); and
``(iii) aquatic plant control programs
pursuant to other law.'';
(2) in paragraph (2)(D) by inserting ``include'' after
``(D)''; and
(3) by adding at the end the following:
``(5) Guidelines.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Prevention of Aquatic Invasive
Species Act of 2007, the Task Force shall publish in
the Federal Register guidelines for the development of
plans under this subsection, including guidelines for
reporting progress in implementing the plans, to
encourage consistency in implementation of and
reporting under those plans.
``(B) Guidelines.--The guidelines published under
subparagraph (A) shall include, for the purpose of
paragraph (2)(A), guidelines concerning--
``(i) aquatic plant control programs; and
``(ii) the review and revision of
requirements of this subsection and the
reapproval process under this subsection.
``(6) Relationship to other plans.--
``(A) In general.--A plan approved under paragraph
(4) shall be deemed to meet any State planning
requirement of the program established under section
104 of the River and Harbor Act of 1958 (33 U.S.C. 610)
for a plan to control noxious aquatic plant growths.
``(B) Enforcement.--Funds provided to States for
implementation of plans pursuant to section 1204 may be
used by States to enforce requirements relating to
aquatic invasive species under the Plant Protection Act
(7 U.S.C. 7701 et seq.) (including regulations
promulgated under that Act contained in part 360 of
title 7, Code of Federal Regulations (or any successor
regulations)).
``(7) Review and revision.--
``(A) In general.--Each State shall periodically
review and, as necessary and subject to subparagraph
(B), revise the management plan of the State in
accordance with guidelines of the Task Force under
paragraph (5).
``(B) Update of existing plans.--A State plan
approved under the section before the date of the
enactment of the Prevention of Aquatic Invasive Species
Act of 2007 shall be revised by the State under
guidelines issued by the Director to conform to the
guidelines published under paragraph (5), but shall be
treated as a plan approved under this subsection for
purposes of grants under this section.
``(8) Other state management plans.--In addition to the
management plans required under this subsection, the Director
shall encourage each State to develop and implement new, and
expand existing, State management plans to improve State
actions to prevent and control aquatic invasive species.''.
(f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is
amended by striking ``subsection (a) for the implementation of those
plans.'' and inserting the following: ``subsection (a) to develop and
implement those plans.''.
SEC. 302. INTERNATIONAL COORDINATION.
Subtitle E of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4751 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle E--Administration'';
and
(2) by adding at the end the following:
``SEC. 1402. COORDINATION WITH NEIGHBORING COUNTRIES.
``(a) In General.--The Task Force, in consultation with the
Secretary of State, shall include in the report required by section
1202(l) a description of the means by which international agreements
and regulations with countries that share a border with the United
States will be implemented and enforced by Federal agencies (including
a clarification of the roles and responsibilities of those agencies).
``(b) Negotiations.--As soon as practicable after the date of
enactment of the Prevention of Aquatic Invasive Species Act of 2007,
the Secretary of State may enter into negotiations with--
``(1) Canada to issue a request that the International
Joint Commission, by not later than 18 months after the date of
enactment of that Act, review, research, conduct hearings on,
and submit to the parties represented on the International
Joint Commission a report that describes the success of current
policies of governments in the United States and Canada having
jurisdiction over the Great Lakes in anticipating and
preventing biological invasions of the aquatic ecosystem in the
Great Lakes, including--
``(A) an analysis of current Federal, State or
Provincial, local, and international laws, enforcement
practices, and agreements;
``(B) an analysis of prevention efforts related to
all likely pathways for biological invasions of the
aquatic ecosystem in the Great Lakes; and
``(C) recommendations of the International Joint
Commission for means by which to improve and harmonize
the policies and enforcement practices referred to in
clause (i); and
``(2) Mexico, to ensure coordination of efforts of the
United States with efforts of Mexico to manage invasive species
established in the United States-Mexico border region.''.
TITLE IV--AUTHORIZATION OF APPROPRIATIONS
SEC. 401. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:
``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated such sums as are
necessary to carry out this Act for each of fiscal years 2008 through
2012.''.
TITLE V--CONFORMING AMENDMENTS
SEC. 501. CONFORMING AMENDMENTS.
(a) Repeal of Section 1103.--Section 1103 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4713) is
repealed.
(b) Miscellaneous Amendments.--The Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 is amended--
(1) by striking ``AQUATIC NUISANCE'' in the heading for
title I of Public Law 101-646 (104 Stat. 4761) and inserting
``AQUATIC INVASIVE SPECIES'';
(2) by striking ``Nuisance'' in the heading for subtitles B
and C of title I of Public Law 101-646 (104 Stat. 4761 et seq.)
and inserting ``Invasive'';
(3) by striking ``Nuisance'' in section 1001 (16 U.S.C.
4701 note) and inserting ``Invasive Species'';
(4) by striking ``Nuisance'' each place it appears and
inserting ``Invasive'';
(5) by striking ``nuisance'' each place it appears and
inserting ``invasive'';
(6) by striking ``nonindigenous'' in section 1104(b)(1) (16
U.S.C. 4714(b)(1)) and inserting ``invasive'';
(7) by striking ``nonindigenous'' in section 1002(b)(4) (16
U.S.C. 4701(b)(4);
(8) by striking the heading for section 1202 (16 U.S.C.
4722) and inserting the following:
``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';
(9) by striking the heading for section 1204 (16 U.S.C.
4724) and inserting the following:
``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.'';
and
(10) in section 1102 (16 U.S.C. 4712)--
(A) in subsection (a) by striking the subsection
heading and inserting the following:
``(a) Studies on Introduction of Aquatic Invasive Species by
Vessels.--'';
and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively.
(c) References in Other Laws, etc.--Any reference to the Aquatic
Nuisance Species Task Force in any other Federal law, Executive Order,
rule, regulation, or delegation of authority, or any document or
pertaining to the Aquatic Nuisance Species Task Force or a member or
employee of the Aquatic Nuisance Species Task Force, is deemed to refer
to the Aquatic Invasive Species Task Force or a member or employee of
the Aquatic Invasive Species Task Force, as appropriate.
(d) Short Title References.--Any reference in a law, map,
regulation, document, paper, or other record of the United States to
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
is deemed to refer to the Nonindigenous Aquatic Invasive Species
Prevention and Control Act of 1990.
(e) Effective Date.--Except as otherwise provided in section 1101
of the Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4711), as amended by title I, the provisions of that
title as so amended take effect on the date of enactment of this Act.
<all>