AQUATIC NUISANCE SPECIES IN THE GREAT LAKES.

“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 “(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 pro-grams and other measures to encourage compliance with the guide- lines issued under this subsection. “(b) Authority of Secretary.—(1) Within 24 months 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) 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. 104 STAT. 4764 “(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 pro-gram for preventing the introduction and spread of aquatic nuisance species in the Great Lakes from the ballast water of vessels.