Sec. 12. Effect on other laws
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Except as provided in section 8(b), on or after the date of the enactment of this Act, the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq.) shall not apply to a discharge into navigable waters of the United States of ballast water from a commercial vessel or a discharge incidental to the normal operation of a commercial vessel. Nothing in this Act may be construed as affecting the application to a commercial vessel of section 311 or 312 of the Federal Water Pollution Control Act ( 33 U.S.C. 1321 and 1322).
Notwithstanding any other provision of this Act, nothing in this Act may be construed as affecting the authority of the Federal Government under— the Act to Prevent Pollution from Ships ( 33 U.S.C. 1901 et seq.) with respect to the regulation by the Federal Government of any discharge or emission that, on or after the date of enactment of this Act, is covered under the International Convention for the Prevention of Pollution from Ships, 1973, as modified by the Protocol of 1978; and title X of the Coast Guard Authorization Act of 2010 ( 33 U.S.C. 3801 et seq.) with respect to the regulation by the Federal Government of any anti-fouling system that, on or after the date of enactment of this Act, is covered under the International Convention on the Control of Harmful Anti-fouling Systems on Ships, done at London October 5, 2001.
Any action taken under this Act shall be taken in accordance with international law. Nothing in this Act may be construed to impose any design, equipment, or operation standard on a commercial vessel not documented under the laws of the United States and engaged in innocent passage unless the standard implements a generally accepted international rule, as determined by the Secretary. Nothing in this Act may construed as affecting the authority of the Secretary of Commerce or the Secretary of the Interior, as the case may be, to administer lands or waters under such Secretary’s administrative control.
Section 1205 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4725 ) is amended by adding at the end the following: Ballast water and discharges incidental to the normal operation of a commercial vessel (as such terms are defined in the . Commercial Vessel Incidental Discharge Act ), shall be regulated pursuant to such Act.
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