Ballast Water Management Act of 2007

A bill to amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to establish vessel ballast water management requirements, and for other purposes.

3/3/2008--Reported to Senate amended. Ballast Water Management Act of 2007 -
(Sec. 3) Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to replace provisions relating to preventing the introduction and spread of aquatic nuisance species in the Great Lakes through the exchange of ballast water with provisions relating to the introduction and spread of such species from ballast water and other ship-borne vectors. (Currently, the provisions focus only on the Great Lakes.) Requires vessel operators to conduct all ballast water management operations in accordance with an approved ballast water management plan that meets requirements prescribed by regulation. Requires maintenance of a ballast water record book in English on board the vessel. Prohibits the discharge of ballast water in waters subject to U.S. jurisdiction except after conducting ballast water exchange in accordance with regulations, using a treatment technology meeting certain requirements, or using alternative ballast water treatment technology. Allows exceptions, including for safety or stability. Allows waiver for a substantial business hardship. Allows discharge of unexchanged ballast water in designated areas or into a reception facility. Prohibits the discharge of ballast water or sediment containing aquatic nuisance species within a marine sanctuary, a national marine monument, or any other waters designated by the Secretary of the department in which the Coast Guard is operating. Sets forth standards for ballast water treatment and requires a review to determine whether appropriate technologies are available to achieve those standards. Requires, if such technologies are not available or cost-effective for any class of vessels, the use of the best performing, cost-effective technology available that at least meets the ballast water discharge standard of the International Maritime Organization. Requires, if no technology is available that meets either set of standards, delay of the application of the standards in the first sentence of this paragraph. Requires notice to vessel owners and operators of any area in waters subject to U.S. jurisdiction in which vessels may not uptake ballast water due to known conditions. Prohibits removing or disposing of sediment from spaces designed to carry ballast water except in accordance with the ballast water management plan required under this Act and the requirements of this paragraph. Makes it unlawful to construct a vessel in the United States unless the vessel is designed and constructed in a way that minimizes sediment uptake and entrapment, facilitates sediment removal, and provides for safe access for sediment removal and sampling. Requires promulgation of sediment reception facility standards. Requires:
(1) the Secretary to examine vessels annually to determine if there is a ballast water management plan and if the ballast water and sediment management equipment is functioning properly; and
(2) an annual report to be made available on the National Ballast Information Clearinghouse summarizing the results of ballast water inspection and enforcement activities. Provides, for violating vessels, for vessel detention, civil and criminal penalties, and revocation of clearance. Addresses international cooperation. Directs the Secretary to provide support, including grants, for research and development of innovative technologies for the management, treatment, and disposal of ballast water and sediment, for finalizing the validation testing of the verification protocol of the Environmental Technology Verification Program, for ballast water exchange, and for other vessel vectors of aquatic nuisance species such as hull-fouling. Authorizes appropriations. Requires:
(1) an evaluation of vessel discharges other than aquatic nuisance species incidental to the normal operation of a vessel; and
(2) submission of a related report to the Senate Committee on Commerce, Science, and Transportation and the House of Representatives Committee on Transportation and Infrastructure. Requires a report to specified congressional committees on vessel-borne vectors of aquatic nuisance species and pathogens other than ballast water and sediment, including vessel hulls, anchors, and equipment. Directs the Secretary to develop a strategy to address other vessel sources of aquatic nuisance species and to reduce the introduction of invasive species into and within the United States from vessels. Requires a related report to such committees. Requires the Commandant of the Coast Guard to report to such committees regarding the magnitude and potential adverse impacts of ballast water operations from foreign vessels that are transiting waters subject to the jurisdiction of the United States. Directs the President to prepare and publish a national rapid response plan for killing, removing, or minimizing the spread of aquatic nuisance species in the waters of the United States, including establishment of a national center to provide coordination and direction for operations in carrying out the plan and including a fish and wildlife response plan.
(Sec. 4) Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to authorize appropriations to carry out the Act.


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Sponsor

• Sen. Daniel Inouye [D, HI]
• and 1 Co-Sponsors
  • Sen. Ted Stevens [R, AK]
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Committees

• Senate Commerce, Science, and Transportation

Amendments

This bill has no amendments.

Amendments to S.1578

Number	Status	Purpose

Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
June 07, 2007

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All Bill Actions

• Added to calendar on Mar 03, 2008: Placed on Senate Legislative Calendar under General Orders. Calendar No. 589..
• Mar 03, 2008: Committee on Commerce, Science, and Transportation. Reported by Senator Inouye with an amendment in the nature of a substitute. With written report No. 110-269.
• Sep 27, 2007: Committee on Commerce, Science, and Transportation. Ordered to be reported with an amendment in the nature of a substitute favorably.
• Sep 27, 2007: Committee on Commerce, Science, and Transportation. Date of scheduled consideration. SR-253. 2:30 p.m.
• Aug 02, 2007: Committee on Commerce, Science, and Transportation. Date of scheduled consideration. SR-253. 10:00 a.m.
• Jun 07, 2007: Read twice and referred to the Committee on Commerce, Science, and Transportation.
• Jun 07, 2007: Sponsor introductory remarks on measure. (CR S7360)
• Introduced on Jun 07, 2007.

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Related Bills:

• H.R.889
• H.R.2423

Related Issue Areas:

• Wildlife conservation
• Technological innovations
• Standards
• Science policy
• 37 more
• Research grants
• Research and development
• Public lands
• Natural resources
• National monuments
• Marine parks and reserves
• Marine ecology
• International environmental cooperation
• International affairs
• Foreign policy
• Fishery management
• Fines (Penalties)
• Criminal justice
• Water resources
• Administrative procedure
• Aquatic ecology
• Aquatic pests
• Authorization
• Budgets
• Business
• Business records
• Congress
• Congressional reporting requirements
• Environmental Protection Agency
• Environmental protection
• Environmental technology
• Executive departments
• Government information
• Government paperwork
• Law
• Merchant ships
• Non-native species
• Pest control
• Sediment control
• Shipbuilding
• Technology
• Transportation

Data from the Congressional Research Service

In the News

March 29, 2008 Putting the brakes on lakes invaders

Buchsbaum said the two bills Congress is considering -- HR 2830 in the House and S. 1578 in the Senate -- would require ships to install technology to clean ...

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Source: Sandusky Register,  USA

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Blog Coverage

October 24, 2007 Status - S.1578 - Ballast Water Management Act of 2007

Sep 27, 2007 The Senate Commerce, Science, and Transportation Committee approved S.1578, The Ballast Water Management Act of 2007, as amended, which strengthens the existing national ballast water management program for aquatic nuisance ...

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Source: National Invasive Species Information Center...

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October 17, 2007 S. 1578, Ballast Water Management Act of 2007

Cost estimate for the bill as ordered reported by the Senate Committee on Commerce, Science, and Transportation on September 27, 2007.

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Source: Recent CBO Cost Estimates

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September 30, 2007 Commerce Committee Approves Measure that Tempers Spread of ...

The Senate Commerce, Science, and Transportation Committee today approved S. 1578, The Ballast Water Management Act of 2007, as amended, which strengthens the existing national ballast water management program for aquatic nuisance ...

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Source: Protectyourwaters.net News

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