§ 4712. — National ballast water management information.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4712]
TITLE 16--CONSERVATION
CHAPTER 67--AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER II--PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
NONINDIGENOUS AQUATIC SPECIES
Sec. 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) of this section 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) of this section.
(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) of this section.
(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, Sec. 1102, Nov. 29, 1990, 104 Stat. 4764;
Pub. L. 104-332, Sec. 2(c), (g), (h)(1), Oct. 26, 1996, 110 Stat. 4081,
4091; Pub. L. 105-362, title XV, Sec. 1502(d), Nov. 10, 1998, 112 Stat.
3295.)
Amendments
1998--Subsec. (f)(2). Pub. L. 105-362 substituted ``biennial basis''
for ``biannual basis'' in introductory provisions.
1996--Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
Pub. L. 101-646, Sec. 1102, which enacted this section.
Pub. L. 104-332, Sec. 2(c)(1), substituted ``management
information'' for ``control program'' in section catchline.
Subsec. (a)(1). Pub. L. 104-332, Sec. 2(c)(2)(A), inserted ``, in
cooperation with the Secretary,'' before ``shall conduct'' in
introductory provisions.
Subsec. (a)(2). Pub. L. 104-332, Sec. 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, Sec. 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, Sec. 2(g), substituted ``Congress''
for ``appropriate Committees'' in pars. (1) and (2).
Subsecs. (e), (f). Pub. L. 104-332, Sec. 2(c)(4), added subsecs. (e)
and (f).
Section Referred to in Other Sections
This section is referred to in sections 4711, 4741 of this title.
