§4711. Aquatic nuisance species in Great Lakes

(a) Guidelines

(1) Not later than 6 months after November 29, 1990, the Secretary shall issue voluntary guidelines to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through the exchange of ballast water of vessels prior to entering those waters.

(2) 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 each vessel, its crew, and passengers;

(C) take into consideration different vessel operating conditions; and

(D) be based on the best scientific information available.

(3) Within 12 months after November 29, 1990, the Secretary shall carry out education and technical assistance programs and other measures to encourage compliance with the guidelines issued under this subsection.

(b) Authority of Secretary

(1) Within 24 months after November 29, 1990, 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) The regulations issued under this subsection shall-

(A) require ¹ all vessels that carry ballast water and 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 4712(a)(1) of this title; 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.²

(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 91 of title 46, Appendix, 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.

(3) ³ In addition to issuing regulations under paragraph (1), the Secretary, in consultation with the Task Force shall, not later than 24 months after November 4, 1992, issue regulations to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through ballast water carried on vessels that, after operating on the waters beyond the exclusive economic zone, enter a United States port on the Hudson River north of the George Washington Bridge.

(c) Civil penalties

Any person who violates the regulations issued under subsection (b) of this section 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) of this section 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.

( Pub. L. 101–646, title I, §1101, Nov. 29, 1990, 104 Stat. 4763 ; Pub. L. 102–580, title III, §302(b)(1), Oct. 31, 1992, 106 Stat. 4839 ; Pub. L. 102–587, title IV, §4002, Nov. 4, 1992, 106 Stat. 5068 .)

References in Text

The Federal Water Pollution Control Act, referred to in subsec. (b)(2)(C), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816 , which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.

Amendments

1992-Subsec. (b)(3). Pub. L. 102–580 and Pub. L. 102–587 made substantively identical amendments, adding par. (3). Par. (3) is based on text of Pub. L. 102–587.

Section Referred to in Other Sections

This section is referred to in sections 4712, 4741 of this title.

¹ So in original. Probably should be "apply to".

² So in original. The period probably should be a semicolon.

³ See 1992 Amendment note below.