Page:United States Statutes at Large Volume 110 Part 6.djvu/258

 110 STAT. 4080 PUBLIC LAW 104-332—OCT. 26, 1996 "(i) not be promulgated sooner than 180 days following the issuance of the report to Congress submitted pursuant to subsection (d); "(ii) make mandatory the requirements included in the voluntary guidelines issued under subsection (c); and "(iii) provide for the enforcement of the regulations; and "(B) may be regional in scope. "(3) INTERNATIONAL REGULATIONS.—The Secretary shall revise regulations promulgated under this subsection to the extent required to make such regulations consistent with the treatment of a particular matter in any international agreement, agreed to by the United States, governing msuiagement of the transfer of nonindigenous aquatic species by vessel. "(g) SANCTIONS.— "(1) CIVIL PENALTIES.—Any person who violates a regulation promulgated under subsection (b) or (f) 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. "(2) CRIMINAL PENALTIES.— Any person who knowingly violates the regulations promulgated under subsection (b) or (f) is guilty of a class C felony. "(3) REVOCATION OF CLEARANCE.—Upon request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance of a vessel required by section 4197 of the Revised Statutes (46 U.S.C. App. 91), if the owner or operator of that vessel is in violation of the regulations issued under subsection (b) or (f). "(4) EXCEPTION TO SANCTIONS. — This subsection does not apply to a failure to exchcuige ballast water if— "(A) the master of a vessel, acting in good faith, decides / that the exchange of ballast water will threaten the safety or stability of the vessel, its crew, or its passengers; and "(B) the recordkeeping and reporting requirements of the Act are complied with. "(h) COORDINATION WITH OTHER AGENCIES. —In carrying out the programs under this section, the Secretary is encouraged to use, to the maximum extent practicable, the expertise, facilities, members, or personnel of established agencies and organizations that have routine contact with vessels, including the Animal and Plant Health Inspection Service of the Department of Agriculture, the National Cargo Bureau, port administrations, and ship pilots' associations. "(i) CONSULTATION WITH CANADA, MEXICO, AND OTHER FOREIGN GOVERNMENTS.—In developing the guidelines issued and regulations promulgated under this section, the Secretary is encouraged to consult with the Government of Canada, the Government of Mexico, and any other government of a foreign country that the Secretary, in consultation with the Task Force, determines to be necessary to develop and implement an effective international program for preventing the unintentional introduction and spread of nonindigenous species.

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