[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4714]
TITLE 16--CONSERVATION
CHAPTER 67--AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER II--PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
NONINDIGENOUS AQUATIC SPECIES
Sec. 4714. Ballast water management demonstration program
(a) ``Technologies and practices'' defined
For purposes of this section, the term ``technologies and
practices'' means those technologies and practices that--
(1) may be retrofitted--
(A) on existing vessels or incorporated in new vessel
designs; and
(B) on existing land-based ballast water treatment
facilities;
(2) may be designed into new water treatment facilities;
(3) are operationally practical;
(4) are safe for a vessel and crew;
(5) are environmentally sound;
(6) are cost-effective;
(7) a vessel operator is capable of monitoring; and
(8) are effective against a broad range of aquatic nuisance
species.
(b) Demonstration program
(1) In general
During the 18-month period beginning on the date that funds are
made available by appropriations pursuant to section 4741(e) of this
title, the Secretary of the Interior and the Secretary of Commerce,
with the concurrence of and in cooperation with the Secretary, shall
conduct a ballast water management demonstration program to
demonstrate technologies and practices to prevent aquatic
nonindigenous species from being introduced into and spread through
ballast water in the Great Lakes and other waters of the United
States.
(2) Location
The installation and construction of the technologies and
practices used in the demonstration program conducted under this
subsection shall be performed in the United States.
(3) Vessel selection
In demonstrating technologies and practices on vessels under
this subsection, the Secretary of the Interior and the Secretary of
Commerce, shall--
(A) use only vessels that--
(i) are approved by the Secretary;
(ii) have ballast water systems conducive to testing
aboard-vessel or land-based technologies and practices
applicable to a significant number of merchant vessels; and
(iii) are--
(I) publicly or privately owned; and
(II) in active use for trade or other cargo shipment
purposes during the demonstration;
(B) select vessels for participation in the program by
giving priority consideration--
(i) first, to vessels documented under chapter 121 of
title 46;
(ii) second, to vessels that are a majority owned by
citizens of the United States, as determined by the
Secretary; and
(iii) third, to any other vessels that regularly call on
ports in the United States; and
(C) seek to use a variety of vessel types, including vessels
that--
(i) call on ports in the United States and on the Great
Lakes; and
(ii) are operated along major coasts of the United
States and inland waterways, including the San Francisco Bay
and Chesapeake Bay.
(4) Selection of technologies and practices
In selecting technologies and practices for demonstration under
this subsection, the Secretary of the Interior and the Secretary of
Commerce shall give priority consideration to technologies and
practices identified as promising by the National Research Council
Marine Board of the National Academy of Sciences in its report on
ships' ballast water operations issued in July 1996.
(5) Report
Not later than 3 years after October 26, 1996, the Secretary of
the Interior and the Secretary of Commerce shall prepare and submit
a report to the Congress on the demonstration program conducted
pursuant to this section. The report shall include findings and
recommendations of the Secretary of the Inter
