Sec. 7. Exemptions
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/bill/114/s/373/rs/section-7·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
No permit shall be required or prohibition enforced under any other provision of law for, nor shall any standards regarding a discharge incidental to the normal operation of a vessel under this Act apply to— a discharge incidental to the normal operation of a vessel if the vessel is less than 79 feet in length and engaged in commercial service (as defined in section 2101(5) of title 46, United States Code); a discharge incidental to the normal operation of a vessel if the vessel is a fishing vessel, including a fish processing vessel and a fish tender vessel (as defined in section 2101(11c) of title 46, United States Code); a discharge incidental to the normal operation of a vessel if the vessel is a recreational vessel (as defined in section 2101(25) of title 46, United States Code); the placement, release, or discharge of equipment, devices, or other material from a vessel for the sole purpose of conducting research on the aquatic environment or its natural resources in accordance with generally recognized scientific methods, principles, or techniques; any discharge into navigable waters from a vessel authorized by an on-scene coordinator in accordance with part 300 of title 40, Code of Federal Regulations, or part 153 of title 33, Code of Federal Regulations; any discharge into navigable waters from a vessel that is necessary to secure the safety of the vessel or human life, or to suppress a fire onboard the vessel or at a shoreside facility; or a vessel of the armed forces of a foreign nation when engaged in noncommercial service.
No permit shall be required or prohibition enforced under any other provision of law for, nor shall any ballast water performance standards under this Act apply to— a ballast water discharge incidental to the normal operation of a vessel determined by the Secretary to— operate exclusively within a geographically limited area; take up and discharge ballast water exclusively within 1 Captain of the Port Zone established by the Coast Guard unless the Secretary determines such discharge poses a substantial risk of introduction or establishment of an aquatic nuisance species; operate pursuant to a geographic restriction issued as a condition under section 3309 of title 46, United States Code, or an equivalent restriction issued by the country of registration of the vessel; or continuously take on and discharge ballast water in a flow-through system that does not introduce aquatic nuisance species into navigable waters; a ballast water discharge incidental to the normal operation of a vessel consisting entirely of water suitable for human consumption; or a ballast water discharge incidental to the normal operation of a vessel in an alternative compliance program established pursuant to section 8.
No permit shall be required or prohibition enforced under any other provision of law for, nor shall any ballast water performance standard under this Act apply to, a vessel that carries all of its permanent ballast water in sealed tanks that are not subject to discharge. Nothing in this Act shall be construed to apply to a vessel of the Armed Forces, as defined in section 101(a) of title 10, United States Code.