16 USC 4712 – National ballast water management information
(a) Studies on introduction of aquatic nuisance species by vessels
(1) Ballast exchange study
The Task Force, in cooperation with the Secretary, 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, in cooperation with the Secretary, shall conduct a study to determine whether aquatic nuisance species threaten the ecological characteristics and economic uses of Lake Champlain and other 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 nuisance species in those waters. The study shall include an examination of—
(A) the degree to which shipping may be a major pathway of transmission of aquatic nuisance species in those waters;
(B) possible alternatives for controlling introduction of those species through shipping; and
(C) the feasibility of implementing regional versus national control measures.
(b) Ecological and ballast water discharge surveys
(1) Ecological surveys
(A) In general
The Task Force, in cooperation with the Secretary, shall conduct ecological surveys of the Chesapeake Bay, San Francisco Bay, and Honolulu Harbor and, as necessary, of other estuaries of national significance and other waters that the Task Force determines—
(i) to be highly susceptible to invasion by aquatic nuisance species resulting from ballast water operations and other operations of vessels; and
(ii) to require further study.
(B) Requirements for surveys
In conducting the surveys under this paragraph, the Task Force shall, with respect to each such survey—
(i) examine the attributes and patterns of invasions of aquatic nuisance species; and
(ii) provide an estimate of the effectiveness of ballast water management and other vessel management guidelines issued and regulations promulgated under this subchapter in abating invasions of aquatic nuisance species in the waters that are the subject of the survey.
(2) Ballast water discharge surveys
(A) In general
The Secretary, in cooperation with the Task Force, shall conduct surveys of ballast water discharge rates and practices in the waters referred to in paragraph (1)(A) on the basis of the criteria under clauses (i) and (ii) of such paragraph.
(B) Requirements for surveys
In conducting the surveys under this paragraph, the Secretary shall—
(i) examine the rate of, and trends in, ballast water discharge in the waters that are the subject of the survey; and
(ii) assess the effectiveness of voluntary guidelines issued, and regulations promulgated, under this subchapter in altering ballast water discharge practices to reduce the probability of accidental introductions of aquatic nuisance species.
(3) Columbia River
The Secretary, in cooperation with the Task Force and academic institutions in each of the States affected, shall conduct an ecological and ballast water discharge survey of the Columbia River system consistent with the requirements of paragraphs (1) and (2).
(c) Reports
(1) Ballast exchange
Not later than 18 months after November 29, 1990, and prior to the effective date of the regulations issued under section 4711(b) of this title (as in effect on the day before December 4, 2018), the Task Force shall submit a report to the Congress that presents the results of the study required under subsection (a)(1) and makes recommendations with respect to such regulations.
(2) Biological and shipping studies
Not later than 18 months after November 29, 1990, the Secretary and the Task Force shall each submit to the Congress a report on the results of their respective studies under paragraphs (2) and (3) of subsection (a).
(d) Negotiations
The Secretary, working through the International Maritime Organization, is encouraged to enter into negotiations with the governments of foreign countries concerning the planning and implementation of measures aimed at the prevention and control of unintentional introductions of aquatic nuisance species in coastal waters.
(e) Regional research grants
Terms Used In 16 USC 4712
- aquatic nuisance species: means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural or recreational activities dependent on such waters. See 16 USC 4702
- ballast water: means any water and associated sediments used to manipulate the trim and stability of a vessel. See 16 USC 4702
- exclusive economic zone: means the Exclusive Economic Zone of the United States established by Proclamation Number 5030, dated March 10, 1983, and the equivalent zone of Canada. See 16 USC 4702
- Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
- Great Lakes: means Lake Ontario, Lake Erie, Lake Huron (including Lake St. See 16 USC 4702
- Secretary: means the Secretary of the department in which the Coast Guard is operating. See 16 USC 4702
- State: means each of the several States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands of the United States. See 16 USC 4702
- Task Force: means the Aquatic Nuisance Species Task Force established under section 4721 of this title. See 16 USC 4702
- Under Secretary: means the Under Secretary of Commerce for Oceans and Atmosphere. See 16 USC 4702
- unintentional introduction: means an introduction of nonindigenous species that occurs as the result of activities other than the purposeful or intentional introduction of the species involved, such as the transport of nonindigenous species in ballast or in water used to transport fish, mollusks or crustaceans for aquaculture or other purposes. See 16 USC 4702
- vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3
- waters of the United States: means the navigable waters and the territorial sea of the United States. See 16 USC 4702
Out of amounts appropriated to carry out this subsection for a fiscal year, the Under Secretary may—
(1) make available not to exceed $750,000 to fund research on aquatic nuisance species prevention and control in the Chesapeake Bay through grants, to be competitively awarded and subject to peer review, to universities and research institutions;
(2) make available not to exceed $500,000 to fund research on aquatic nuisance species prevention and control in the Gulf of Mexico through grants, to be competitively awarded and subject to peer review, to universities and research institutions;
(3) make available not to exceed $500,000 to fund research on aquatic nuisance species prevention and control for the Pacific Coast through grants, to be competitively awarded and subject to peer review, to universities and research institutions;
(4) make available not to exceed $500,000 to fund research on aquatic nuisance species prevention and control for the Atlantic Coast through grants, to be competitively awarded and subject to peer review, to universities and research institutions; and
(5) make available not to exceed $750,000 to fund research on aquatic nuisance species prevention and control in the San Francisco Bay-Delta Estuary through grants, to be competitively awarded and subject to peer review, to universities and research institutions.
(f) National ballast information clearinghouse
(1) In general
The Secretary shall develop and maintain, in consultation and cooperation with the Task Force and the Smithsonian Institution (acting through the Smithsonian Environmental Research Center), a clearinghouse of national data concerning—
(A) ballasting practices;
(B) compliance with the guidelines issued pursuant to section 4711(c) of this title (as in effect on the day before December 4, 2018); and
(C) any other information obtained by the Task Force under subsection (b).
(2) Ballast water reporting requirements
(A) In general
The owner or operator of a vessel subject to this chapter shall submit to the National Ballast Information Clearinghouse, by not later than 6 hours after the arrival of the vessel at a United States port or place of destination, the ballast water management report form approved by the Office of Management and Budget numbered OMB 1625-0069 (or a successor form), unless the vessel is operating exclusively on a voyage between ports or places within contiguous portions of a single Captain of the Port Zone.
(B) Multiple discharges
The owner or operator of a vessel subject to this chapter may submit a single report under subparagraph (A) for multiple ballast water discharges within a single port or place of destination during the same voyage.
(C) Advance report to States
A State may require the owner or operator of a vessel subject to this chapter to submit directly to the State, or to an appropriate regional forum, a ballast water management report form—
(i) not later than 24 hours prior to arrival at a United States port or place of destination in the State, if the voyage of the vessel is anticipated to exceed 24 hours; or
(ii) before departing the port or place of departure, if the voyage of the vessel to the United States port or place of destination is not anticipated to exceed 24 hours.
(3) Vessel reporting data
(A) Dissemination to States
On receipt of a ballast water management report under paragraph (2), the National Ballast Information Clearinghouse shall—
(i) in the case of a form submitted electronically, immediately disseminate the report to interested States; or
(ii) in the case of a form submitted by means other than electronically, disseminate the report to interested States as soon as practicable.
(B) Availability to public
Not later than 30 days after the date of receipt of a ballast water management report under paragraph (2), the National Ballast Information Clearinghouse shall make the data in the report fully and readily available to the public in a searchable and fully retrievable electronic format.
(4) Report
(A) In general
Not later than July 1, 2019, and annually thereafter, the Secretary shall prepare and submit a report in accordance with this paragraph.
(B) Contents
Each report under this paragraph shall synthesize and analyze the data described in paragraph (1) for the preceding 2-year period to evaluate nationwide status and trends relating to—
(i) ballast water delivery and management; and
(ii) invasions of aquatic nuisance species resulting from ballast water.
(C) Development
The Secretary shall prepare each report under this paragraph in consultation and cooperation with—
(i) the Task Force; and
(ii) the Smithsonian Institution (acting through the Smithsonian Environmental Research Center).
(D) Submission
The Secretary shall—
(i) submit each report under this paragraph to—
(I) the Task Force;
(II) the Committee on Commerce, Science, and Transportation of the Senate; and
(III) the Committee on Transportation and Infrastructure of the House of Representatives; and
(ii) make each report available to the public.
(5) Working group
Not later than 1 year after December 4, 2018, the Secretary shall establish a working group, including members from the National Ballast Information Clearinghouse and States with ballast water management programs, to establish a process for compiling and readily sharing Federal and State commercial vessel reporting and enforcement data regarding compliance with this chapter.