Page:United States Statutes at Large Volume 110 Part 6.djvu/259

 PUBLIC LAW 104-332—OCT. 26, 1996 110 STAT. 4081 "(j) INTERNATIONAL COOPERATION.— The Secretary, in cooperation with the International Maritime Organization of the United Nations and the Commission on Environmental Cooperation established pursuant to the North American Free Trade Agreement, is encouraged to enter into negotiations with the governments of foreign countries to develop and implement an effective international program for preventing the unintentional introduction and spread of nonindigenous species. "(k) SAFETY EXEMPTION. — "(1) MASTER DISCRETION. —The master of a vessel is not required to conduct a ballast water exchange if the master decides that the exchange would threaten the safety or stability of the vessel, its crew, or its passengers because of adverse weather, vessel architectural design, equipment failure, or any other extraordinary conditions. "(2) OTHER REQUIREMENTS. — (A) IN GENERAL.— Except as Erovided in subparagraph (B), a vessel that does not exchange allast water on the high seas under paragraph (1) shall not be restricted from discharging ballast water in any harbor. "(B) GREAT LAKES.— Subparagraph (A) shall not apply in a case in which a vessel is subject to the regulations issued by the Secretary under subsection (b). " (3) CRUDE OIL TANTCER BALLAST FACILITY STUDY.— (A) Within 60 days of the date of enactment of this Act, the Secretary of the department in which the Coast Guard is operating, in consultation with the Under Secretary of Commerce for Oceans and Atmosphere, affected shoreside ballast water facility operators, affected crude oil tanker operators, and interested parties, shall initiate a study of the effectiveness of existing shoreside ballast water facilities used by crude oil tankers in the coastwise trade off Alaska in preventing the introduction of nonindigenous aquatic species into the waters off Alaska, as well as the cost and feasibility of modifying such facilities to improve such effectiveness. "(B) The study required under subparagraph (A) shall be submitted to the Congress by no later than October 1, 1997. " (1) NON-DISCRIMINATION.—The Secretary shall ensure that vessels registered outside of the United States do not receive more favorable treatment than vessels registered in the United States when the Secretary performs studies, reviews compliance, determines effectiveness, establishes requirements, or performs any other responsibilities under this Act.". (c) NATIONAL BALLAST WATER MANAGEMENT INFORMATION.— Section 1102 (16 U.S.C. 4712) is amended— (1) by striking the section heading and inserting the following: "SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION."; (2) in subsection (a)— (A) in paragraphs (1) and (2), by inserting ", in cooperation with the Secretary," before "shall conduct" each place it appears; (B) in paragraph (2), by inserting "Lake Champlain and other" after "economic uses of; (3) by striking subsection (b) and inserting the following: " (b) ECOLOGICAL AND BALLAST WATER DISCHARGE SURVEYS.— " (1) ECOLOGICAL SURVEYS. —

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