Page:United States Statutes at Large Volume 110 Part 6.djvu/254

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


110 STAT. 4076 PUBLIC LAW 104-332—OCT. 26, 1996 nuisance species into the Great Lakes through the exchange of ballast water of vessels prior to entering those waters. "(2) CONTENT OF GUIDELINES.—The guidelines issued under this subsection shall— "(A) ensure to the maximum extent practicable that ballast water containing aquatic nuisance species is not discharged into the Great Lakes; "(B) protect the safety of— "(i) each vessel; and "(ii) the crew and passengers of each vessel; "(C) take into consideration different vessel operating conditions; and "(D) be based on the best scientific information available. " (b) REGULATIONS.— "(1) IN GENERAL. —Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Task Force, shall issue regulations to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through the ballast water of vessels. "(2) CONTENT OF REGULATIONS.—The regulations issued under this subsection shall— "(A) apply to all vessels equipped with ballast water tanks that enter a United States port on the Great Lakes after operating on the waters beyond the exclusive economic zone; "(B) require a vessel to— "(i) carry out exchange of ballast water on the waters beyond the exclusive economic zone prior to entry into any port within the Great Lakes; "(ii) carry out an exchange of ballast water in other waters where the exchange does not pose a threat of infestation or spread of aquatic nuisance species in the Great Lakes and other waters of the United States, as recommended by the Task Force under section 1102(a)(1); or "(iii) use environmentally sound alternative ballast water management methods if the Secretary determines that such alternative methods are as effective as ballast water exchange in preventing and controlling infestations of aquatic nuisance species; "(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 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) protect the safety of— "(i) each vessel; and "(ii) the crew and passengers of each vessel;