"(13) 'Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere; "(14) 'waters of the United States' means the navigable waters and the territorial sea of the United States; and "(15) '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. "Subtitle B-Prevention of Unintentional Introductions of Aquatic Nuisance Species "SEC. 1101. AQUATIC NUISANCE SPECIES IN THE GREAT LAKES. "(a) GUIDELINES.-(1) Not later than 6 months after the date of enactment of the Act, 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 16 USC 4711. "(D) be based on the best scientific information available. "(3) Within 12 months after the date of enactment of this Act, the Education. Secretary shall carry out education and technical assistance pro- Technical grams and other measures to encourage compliance with the guidelines issued under this subsection. assistance. "(b) AUTHORITY OF SECRETARY.-(1) Within 24 months after the Regulations. date of enactment of this Act, 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 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 1102(a)(1); 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. 16 USC 4712. "(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 4197 of the Revised Statutes (46 App. U.S.C. 91) 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. "(c) CIVIL PENALTIES.-Any person who violates the regulations issued under subsection (b) 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) 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. "SEC. 1102. NATIONAL BALLAST WATER CONTROL PROGRAM. "(a) STUDIES ON INTRODUCTION OF AQUATIC NUISANCE SPECIES BY VESSELS. “(1) BALLAST EXCHANGE STUDY.-The Task Force 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 shall conduct a study to determine whether aquatic nuisance species threaten the ecological characteristics and economic uses of 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 nui sance 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) CONSULTATION.-The Secretary and the Task Force shall cooperate in conducting their respective studies under this section. "(c) REPORTS. "(1) BALLAST EXCHANGE.-Not later than 18 months after the date of enactment of this Act and prior to the effective date of the regulations issued under section 1101(b), the Task Force shall submit a report to the appropriate Committees 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 the date of enactment of this Act, the Secretary and the Task Force shall each submit to the appropriate Committees 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. "Subtitle C-Prevention and Control of Aquatic Nuisance Species "SEC. 1201. ESTABLISHMENT OF TASK FORCE. "(a) TASK FORCE.-There is hereby established an "Aquatic Nuisance Species Task Force". "(b) MEMBERSHIP.-Membership of the Task Force shall consist of "(1) the Director; "(2) the Under Secretary; "(3) the Administrator of the Environmental Protection Agency; "(4) the Commandant of the United States Coast Guard; "(6) the head of any other Federal agency that the chair- "(d) CHAIRPERSONS.-The Director and the Under Secretary shall serve as co-chairpersons of the Task Force and shall be jointly responsible, and are authorized to undertake such activities as may be necessary, for carrying out this subtitle in consultation and cooperation with the other members of the Task Force. 16 USC 4721. 16 USC 4722. Intergovernmental relations. "(e) MEMORANDUM OF UNDERSTANDING.-Within six months of the date of enactment of this Act, the Director and the Under Secretary shall develop a memorandum of understanding that describes the role of each in jointly carrying out this subtitle. "(f) COORDINATION.-Each Task Force member shall coordinate any action to carry out this subtitle with any such action by other members of the Task Force, and regional, State and local entities. “SEC. 1202. AQUATIC NUISANCE SPECIES PROGRAM. "(a) IN GENERAL.-The Task Force shall develop and implement a program for waters of the United States to prevent introduction and dispersal of aquatic nuisance species; to monitor, control and study such species; and to disseminate related information. "(b) CONTENT.-The program developed under subsection (a) shall "(1) identify the goals, priorities, and approaches for aquatic nuisance species prevention, monitoring, control, education and research to be conducted or funded by the Federal Government; "(2) describe the specific prevention, monitoring, control, education and research activities to be conducted by each Task Force member; "(3) coordinate aquatic nuisance species programs and activities of Task Force members and affected State agencies; "(4) describe the role of each Task Force member in implementing the elements of the program as set forth in this subtitle; "(5) include recommendations for funding to implement elements of the program; and "(6) develop a demonstration program of prevention, monitoring, control, education and research for the zebra mussel, to be implemented in the Great Lakes and any other waters infested, or likely to become infested in the near future, by the zebra mussel. "(c) PREVENTION. "(1) IN GENERAL.-The Task Force shall establish and implement measures, within the program developed under subsection (a), to minimize the risk of introduction of aquatic nuisance species to waters of the United States, including "(A) identification of pathways by which aquatic organisms are introduced to waters of the United States; "(B) assessment of the risk that an aquatic organism carried by an identified pathway may become an aquatic nuisance species; and "(C) evaluation of whether measures to prevent introductions of aquatic nuisance species are effective and environmentally sound. "(2) IMPLEMENTATION.-Whenever the Task Force determines that there is a substantial risk of unintentional introduction of an aquatic nuisance species by an identified pathway and that the adverse consequences of such an introduction are likely to be substantial, the Task Force shall, acting through the appropriate Federal agency, and after an opportunity for public comment, carry out cooperative, environmentally sound efforts with regional, State and local entities to minimize the risk of such an introduction. "(d) MONITORING.-The Task Force shall establish and implement monitoring measures, within the program developed under subsection (a), to "(1) detect unintentional introductions of aquatic nuisance species; "(2) determine the dispersal of aquatic nuisance species after introduction; and "(3) provide for the early detection and prevention of infestations of aquatic nuisance species in unaffected drainage basins. "(e) CONTROL. "(1) IN GENERAL.-The Task Force may develop cooperative efforts, within the program established under subsection (a), to control established aquatic nuisance species to minimize the risk of harm to the environment and the public health and welfare. For purposes of this Act, control efforts include eradication of infestations, reductions of populations, development of means of adapting human activities and public facilities to accommodate infestations, and prevention of the spread of aquatic nuisance species from infested areas. Such control Interefforts shall be developed in consultation with affected Fed- governmental eral agencies, States, Indian Tribes, local governments, interjurisdictional organizations, and other appropriate entities. Control actions authorized by this section shall be based on the best available scientific information and shall be conducted in an environmentally sound manner. "(2) DECISIONS.-The Task Force or any other affected agency or entity may recommend that the Task Force initiate a control effort. In determining whether a control program is warranted, the Task Force shall evaluate the need for control (including the projected consequences of no control and less than full control); the technical and biological feasibility and cost-effectiveness of alternative control strategies and actions; whether the benefits of control, including costs avoided, exceed the costs of the program; the risk of harm to non-target organisms and ecosystems, public health and welfare; and such other considerations the Task Force determines appropriate. The Task Force shall also determine the nature and extent of control of target aquatic nuisance species that is feasible and desirable. relations. Indians. publication. "(3) PROGRAMS.-If the Task Force determines in accordance with paragraph (2) that control of an aquatic nuisance species is warranted, the Task Force shall develop a proposed control program to achieve the target level of control. A notice Federal summarizing the proposed action and soliciting comments shall Register, be published in the Federal Register, in major newspapers in the region affected, and in principal trade publications of the industries affected. Within 180 days of proposing a control program, and after consultation with affected governmental and other appropriate entities and taking into consideration other comments received, the Task Force shall complete development of the proposed control program. "(f) RESEARCH. "(1) PRIORITIES.-The Task Force shall, within the program developed under subsection (a), conduct research concerning "(A) the environmental and economic risks associated with the introduction of aquatic nuisance species into the waters of the United States; |