The Coast Guard Authorization Act of 2007 (H.R. 2830) was passed today by the U.S. House of Representatives by a vote of 395 to 7 (26 NY Representatives voted "Aye", 3 cast no vote). The ball is now in the Senate's court to pass S.1892); the two bills would have to be reconciled in conference before being sent to President Bush.

Title V - Ballast Water Treatment Act of 2007

Section 503 -

1. 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. (The new provisions are not focused only on the Great Lakes.)

2. Prohibits the uptake or discharge of ballast water or sediment in waters subject to the jurisdiction of the United States except as specified in these provisions, subject to exceptions.
3. 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.
4. Prohibits the discharge of ballast water in waters subject to U.S. jurisdiction except after conducting ballast water exchange, using a treatment technology meeting certain requirements, or using environmentally-sound alternative ballast water treatment technology. Allows exceptions, including for safety or stability. Allows waiver for a substantial business hardship. Sets forth exchange and treatment requirements.
5. Requires notice to vessel owners and operators of any area in waters subject to the U.S. jurisdiction in which vessels may not uptake ballast water due to known conditions.
6. Prohibits the removal or disposition of sediment from spaces designed to carry ballast water except in accordance with specified requirements, including that the removal or disposition be more than 200 nautical miles from land or into a reception facility meeting certain requirements.
7. Authorizes the Secretary to inspect vessels and allows states to administer their own inspection and enforcement programs.
8. Authorizes the Secretary to detain vessels and provides for civil penalties (including in rem liability), criminal penalties, and revocation of clearance.
9. Declares that provisions in this title relating to ballast water exchange requirements and treatment requirements supersede any inconsistent state or local law.
10. 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 and equipment and from vessels equipped with ballast tanks that carry no ballast water.

Full text of the Bill can be found at:
http://www.govtrack.us/congress/billtext.xpd?bill=h110-2830

Charles R. O'Neill, Jr.
Sr. Extension Specialist
Cornell University/New York Sea Grant
Director, National Aquatic Nuisance Species Clearinghouse
Morgan II, SUNY College
Brockport, NY 14420
Voice: 585/395-2638
Fax: 585/395-2466
E-mail: cro4@cornell.edu
Web site: www.aquaticinvaders.org