16 U.S.C. § 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, must 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, must 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 must 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 must include an examination of— (A) the degree to which shipping can 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, must 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 must, about each that 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, must 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 that paragraph. (B) Requirements for surveys In conducting the surveys under this paragraph, the Secretary must— (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, must 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 by 18 months after November 29, 1990, and before 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 must submit a report to the Congress that presents the results of the study required under subsection (a)(1) and makes recommendations about that regulations. (2) Biological and shipping studies by 18 months after November 29, 1990, the Secretary and the Task Force must 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 about 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 can— (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 must 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 about— (A) ballasting practices; (B) compliance with the guidelines issued under 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 must submit to the National Ballast Information Clearinghouse, by by 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 can 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 can 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) by 24 hours before 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 must— (i) in the case of a form submitted electronically, immediately share the report to interested States; or (ii) in the case of a form submitted by means other than electronically, share the report to interested States as soon as practicable. (B) Availability to public by 30 days after the date of receipt of a ballast water management report under paragraph (2), the National Ballast Information Clearinghouse must 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 by July 1, 2019, and annually thereafter, the Secretary must prepare and submit a report under this paragraph. (B) Contents Each report under this paragraph must 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 must 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 must— (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 by 1 year after December 4, 2018, the Secretary must 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.