Page:United States Statutes at Large Volume 104 Part 6.djvu/374

From Wikisource
Jump to: navigation, search
This page needs to be proofread.


104 STAT. 4764 PUBLIC LAW 101-646—NOV. 29, 1990 "(C) not affect or supersede any requirements or prohibitions pertaining to the discharge of ballast water into waters of the United States under the Federal Water Pollution Control Act (33 U.S.C 1251 et seq.); "(D) provide for sampling procedures to monitor compliance with the requirements of the regulations; "(E) prohibit the operation of a vessel 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 of the regulations; "(F) request the Secretary of the Treasury to withhold or revoke the clearance required by section 4197 of the Revised Statutes (46 App. U.S.C. 91) of a vessel, the owner or operator of which is in violation of the regulations; "(G) protect the safety of each vessel, its crew, and passengers; "(H) take into consideration different vessel operating conditions; and "(I) be based on the best scientific information available. "(c) CIVIL PENALTIES.—Any person who violates the regulations issued under subsection (b) shall be liable for a civil penalty in an amount not to exceed $25,000. 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. "(d) CRIMINAL PENALTIES.— Any person who knowingly violates the regulations issued under subsection (b) is guilty of a class C felony. "(e) CONSULTATION WITH CANADA.—In developing the guidelines and regulations, the Secretary is encouraged to consult with the Government of Canada to develop an effective international program for preventing the introduction and spread of aquatic nuisance species in the Great Lakes from the ballast water of vessels. 16 USC 4712. "SEC. 1102. NATIONAL BALLAST WATER CONTROL PROGRAM. " (a) STUDIES ON INTRODUCTION OF AQUATIC NUISANCE SPECIES BY VESSELS. — "(1) BALLAST EXCHANGE STUDY. — The Task Force 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 shall conduct a study to determine whether aquatic nuisance species threaten the ecological characteristics and economic uses of 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 nui-