“This ballast water legislation strengthens existing federal authorities and enhances important environmental protections aimed at further stemming the tide of invasive species entering our waters from ships,” said Commerce Committee Chairman Daniel K. Inouye. “The Committee’s approach is a pragmatic, bipartisan approach that offers the opportunity for meaningful and effective environmental legislation to move through the Senate and ultimately reach the President’s desk.”

• Implements a recommendation by the U.S. Commission on Ocean Policy to adopt a national ballast water management program for aquatic nuisance species, including uniform, mandatory national standards for ballast water treatment. It also implements an international agreement, negotiated in the International Maritime Organization.

• Strengthens existing federal law by amending the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA) to require mandatory ballast water treatment technology on all vessels that come to a U.S. port. The bill sets performance standards 100 times stronger than the minimum international standards and includes provisions for strengthening these standards in the future, with a goal of zero discharge.

• Requires, until treatment is required, the exchange of ballast water with water in mid-ocean to reduce the number of aquatic nuisance species being transported. 

• Provides states with the authority to develop programs to regulate invasive species from ships so long as the provisions do not conflict with the federal program. Such programs could include all of the provisions included in the federal program – treatment standards, other management practices, research and technology development, as well as other provisions such as the imposition of port fees.  

• Allows states to establish no discharge zones in sensitive state waters, a mechanism for strengthening the performance standards in the future, and a right of action for states against the Coast Guard and EPA.

• Authorizes $50 million for each of fiscal years 2008 through 2012 for the Coast Guard to implement the bill, of which up to a total of $10 million could be provided to states that enter cooperative agreements with the Coast Guard.