Page:United States Statutes at Large Volume 104 Part 6.djvu/373

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PUBLIC LAW 101-646—NOV. 29, 1990 104 STAT. 4763 "(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, moUusks 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. 16 USC 4711. Education. Technical assistance. "(a) GuiDEiJNES.—(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 "(D) be based on the best scientific information available. "(3) Within 12 months after the date of enactment of this Act, 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 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)(l); or "(iii) use environmentally sound gdternative 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.