Page:United States Statutes at Large Volume 110 Part 6.djvu/257

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PUBLIC LAW 104-332—OCT. 26, 1996 110 STAT. 4079 "(1) IN GENERAL.— Not later than 3 years after the date of issuance of guideHnes pursuant to subsection (c), and not less frequently than every 3 years thereafter, the Secretary shall, in accordance with criteria developed by the Task Force under paragraph (3)— "(A) assess the compliance by vessels with the voluntary guidelines issued under subsection (c) and the regulations promulgated under this Act; "(B) establish the rate of compliance that is based on the assessment under subparagraph (A); "(C) assess the effectiveness of the voliuitary guidelines and regulations referred to in subparagraph (A) in reducing the introduction and spread of aquatic nuisance species by vessels; and "(D) as necessary, on the basis of the best scientific information available— "(i) revise the guidelines and regulations referred to in subparagraph (A); "(ii) promulgate additional regulations pursuant to subsection (f)(1); or "(iii) carry out each of clauses (i) and (ii). "(2) SPECIAL REVIEW AND REVISION.—Not later than 90 days after the Task Force makes a request to the Secretary for a special review and revision for coastal and inland waterways designated by the Task Force, the Secretary shall— "(A) conduct a special review of guidelines and regulations applicable to those waterways in accordance with the review procedures under paragraph (1); and "(B) as necessary, in the same manner as provided under paragraph (1)(D)— "4i) revise those guidelines; "(ii) promulgate additional regulations pursuant to subsection (f)(1); or "(iii) carry out each of clauses (i) and (ii). "(3) CRITERIA FOR EFFECTIVENESS. —Not later than 18 months after the date of enactment of the National Invasive Species Act of 1996, the Task Force shall submit to the Secretary criteria for determining the adequacy and effectiveness of the volimtary guidelines issued under subsection (c). "(f) AUTHORITY OF SECRETARY.— "(1) GENERAL REGULATIONS.— If, on the basis of a periodic review conducted under subsection (e)(1) or a special review conducted under subsection (e)(2), the Secretary determines that— "(A) the rate of effective compliance (as determined by the Secretary) with the guidelines issued pursuant to subsection (c) is inadequate; or "(B) the reporting by vessels pursuant to those guidelines is not adequate for the Secretary to assess the compliance with those guidelines and provide a rate of compHance of vessels, including the assessment of the rate of compliance of vessels under subsection (e)(2), the Secretary shall promptly promulgate regulations that meet the requirements of paragraph (2). "(2) REQUIREMENTS FOR REGULATIONS.—The regulations promulgated by the Secretary under paragraph (1)— "(A) shall— 2&-194O-96 -9:QL3Part6