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ALTERNATIVE BALLAST WATER EXCHANGE AREAS Workshop on Physical and Biological Oceanographic Considerations June 20-22, 2006; Seattle, WA. Concepts Federal and International Regulation and Policy . U. S. Federal Law and Regulations. National Aquatic Nuisance Prevention and Control Act, 1990
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Federal and International Regulation and Policy
National Aquatic Nuisance Prevention and Control Act, 1990
1993 Great Lakes Mandatory BWM
1994 Hudson River Mandatory BWM
33 CFR 151 Subpart C
National Invasive Species Act, 1996
1998 National Voluntary Program
2001 Report to Congress: Voluntary program inadequate
2004 Penalties and National Mandatory Program
33 CFR 151 Subpart D
Ships entering U.S. waters from outside the 200 nm exclusive economic Zone required to exchange ballast water at least 200 nm from any shore.
SEC. 1101. AQUATIC NUISANCE SPECIES IN THE WATERS
OF THE UNITED STATES.
(1) In general.--Not later than 2 years after the 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) Content of regulations.--The regulations issued under this subsection shall‑‑
(A) apply to all vessels equipped with ballast water tanks that enter a United States port on the Great Lakes after operating on the waters beyond the exclusive economic zone;
(B) require a vessel to‑‑
(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);
(e) BALLAST WATER EXCHANGE REQUIREMENTS.
(C) EXCHANGE IN DESIGNATED AREA
(ii) CHARTING.—The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary, shall designate such areas on nautical charts.
(iii) LIMITATION.—The Administrator may not designate an area under clause (i) if a ballast water exchange in that area could have an adverse impact, as determined by the Secretary in consultation with the Administrator of the Environmental Protection Agency.
Issues include at least the following areas: