Page:United States Statutes at Large Volume 110 Part 6.djvu/255

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PUBLIC LAW 104-332—OCT. 26, 1996 110 STAT. 4077 "(G) take into consideration different operating conditions; and "(H) be based on the best scientific information available. " (3) ADDITIONAL REGULATIONS.— In addition to promulgating regulations under paragraph (1), the Secretary, in consultation with the Task Force, shall, not later than November 4, 1994, issue regulations to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through ballast water carried on vessels that enter a United States port on the Hudson River north of the George Washington Bridge. " (4) EDUCATION AND TECHNICAL ASSISTANCE PROGRAMS.— The Secretary may carry out education and technical assistance programs and other measures to promote compliance with the regulations issued under this subsection. " (c) VOLUNTARY NATIONAL GUIDELINES.— "(1) IN GENERAL.— Not later than 1 year after the date of enactment of the Nationcd Invasive Species Act of 1996, and after providing notice and an opportunity for public comment, the Secretary shall issue volimtary guidelines to prevent the introduction and spread of nonindigenous species in waters of the United States by ballast water operations and other operations of vessels equipped with ballast water tanks. "(2) CONTENT OF GUIDELINES. —The voluntary guidelines issued under this subsection shall— "(A) ensure to the maximum extent practicable that aquatic nuisance species are not discharged into waters of the United States from vessels; "(B) apply to all vessels equipped with ballast water tanks that operate in waters of the United States; "(C) protect the safety of— "(i) each vessel; and "(ii) the crew and passengers of each vessel; "(D) direct a vessel that is carrying ballast water into waters of the United States after operating beyond the exclusive economic zone to— "(i) carry out the exchange of ballast water of the vessel in waters beyond the exclusive economic zone; "(ii) exchange the ballast water of the vessel in other waters where the exchange does not pose a threat of infestation or spread of nonindigenous species in 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, including modification of the vessel ballast water tanks and intake systems, if the Secretary determines that such alternative methods are at least as effective as ballast water exchange in preventing and controlling infestations of aquatic nuisance species; "(E) direct vessels to carry out management practices that the Secretary determines to be necessary to reduce the probability of unintentional nonindigenous species transfer resulting from—