
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC4712]

 
                         TITLE 16--CONSERVATION
 
           CHAPTER 67--AQUATIC NUISANCE PREVENTION AND CONTROL
 
      SUBCHAPTER II--PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF 
                      NONINDIGENOUS AQUATIC SPECIES
 
Sec. 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, the Task Force shall submit a report to the Congress 
    that presents the results of the study required under subsection 
    (a)(1) of this section 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) of this section.

(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

    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; and
            (C) any other information obtained by the Task Force under 
        subsection (b) of this section.

                             (2) Report

        In consultation and cooperation with the Task Force and the 
    Smithsonian Institution (acting through the Smithsonian 
    Environmental Research Center), the Secretary shall prepare and 
    submit to the Task Force and the Congress, on a biennial basis, a 
    report that synthesizes and analyzes the data referred to in 
    paragraph (1) relating to--
            (A) ballast water delivery and management; and
            (B) invasions of aquatic nuisance species resulting from 
        ballast water.

(Pub. L. 101-646, title I, Sec. 1102, Nov. 29, 1990, 104 Stat. 4764; 
Pub. L. 104-332, Sec. 2(c), (g), (h)(1), Oct. 26, 1996, 110 Stat. 4081, 
4091; Pub. L. 105-362, title XV, Sec. 1502(d), Nov. 10, 1998, 112 Stat. 
3295.)


                               Amendments

    1998--Subsec. (f)(2). Pub. L. 105-362 substituted ``biennial basis'' 
for ``biannual basis'' in introductory provisions.
    1996--Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to 
Pub. L. 101-646, Sec. 1102, which enacted this section.
    Pub. L. 104-332, Sec. 2(c)(1), substituted ``management 
information'' for ``control program'' in section catchline.
    Subsec. (a)(1). Pub. L. 104-332, Sec. 2(c)(2)(A), inserted ``, in 
cooperation with the Secretary,'' before ``shall conduct'' in 
introductory provisions.
    Subsec. (a)(2). Pub. L. 104-332, Sec. 2(c)(2), inserted ``, in 
cooperation with the Secretary,'' before ``shall conduct'' and ``Lake 
Champlain and other'' after ``economic uses of''.
    Subsec. (b). Pub. L. 104-332, Sec. 2(c)(3), added subsec. (b) and 
struck out heading and text of former subsec. (b). Text read as follows: 
``The Secretary and the Task Force shall cooperate in conducting their 
respective studies under this section.''
    Subsec. (c). Pub. L. 104-332, Sec. 2(g), substituted ``Congress'' 
for ``appropriate Committees'' in pars. (1) and (2).
    Subsecs. (e), (f). Pub. L. 104-332, Sec. 2(c)(4), added subsecs. (e) 
and (f).

                  Section Referred to in Other Sections

    This section is referred to in sections 4711, 4741 of this title.
