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PARRIS N. GLENDENING, Governor
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Ch. 473
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(B) "BALLAST WATER" MEANS ANY WATER AND MATTER TAKEN ON BOARD A
VESSEL TO CONTROL OR MAINTAIN TRIM, DRAFT, STABILITY, OR STRESSES OF THE
VESSEL, WITHOUT REGARD TO THE MANNER IN WHICH IT IS CARRIED.
(C) "FEDERAL GUIDELINES" MEANS THE PROVISIONS OF 33 C.F.R. PART 151,
SUBPART D, "BALLAST WATER MANAGEMENT FOR CONTROL OF NONINDIGENOUS
SPECIES".
(D) "STATE GUIDELINES" MEANS PROCEDURES FOR BALLAST WATER
MANAGEMENT THAT ARE CONSISTENT WITH FEDERAL GUIDELINES.
(D) (E) "VESSEL" MEANS A SELF-PROPELLED SHIP IN COMMERCE OF THREE
HUNDRED GROSS TONS OR MORE.
5-5A-02.
THE GENERAL ASSEMBLY FINDS THAT:
(1) THE WATERS OF THE STATE ARE A PRECIOUS, IRREPLACEABLE
RESOURCE ESSENTIAL TO THE ENVIRONMENT, COMMERCE, AND RECREATION OF
CITIZENS AND TOURISTS OF THE STATE;
(2) NONINDIGENOUS AQUATIC SPECIES INTRODUCED INTO WATERS OF
THE UNITED STATES FROM BALLAST WATER HAVE CAUSED TREMENDOUS
ENVIRONMENTAL AND ECOLOGICAL DAMAGE, DISPLACING NATIVE SPECIES,
DEGRADING WATER QUALITY, AND INTERFERING WITH COMMERCE, INCLUDING THE
ZEBRA MUSSEL BROUGHT INTO THE GREAT LAKES AND THE UPPER SUSQUEHANNA
RIVER;
(3) BALLAST WATER PRACTICES OF COMMERCIAL SHIPPING VESSELS
MAY CAUSE IRREVERSIBLE DAMAGE TO WATERS OF THE STATE; AND
(4) PROTECTIVE MEASURES AGAINST THE INTRODUCTION OF
NONINDIGENOUS AQUATIC SPECIES FROM BALLAST WATER ARE NECESSARY TO
MINIMIZE EXPOSURE OF THE WATERS OF THE STATE TO UNWANTED
CONTAMINATION AND DAMAGE CAUSED BY THESE SPECIES.
5-5A-03.
THIS SUBTITLE APPLIES TO ALL VESSELS CARRYING BALLAST WATER INTO THE
WATERS OF THE STATE FROM A VOYAGE DESTINED FOR A MARYLAND PORT, EXCEPT:
(1) A VESSEL OF THE UNITED STATES DEPARTMENT OF DEFENSE OR
UNITED STATES COAST GUARD SUBJECT TO THE REQUIREMENTS OF § 1103 OF THE
NATIONAL INVASIVE SPECIES ACT OF 1996, OR ANY VESSEL OF THE ARMED FORCES,
AS DEFINED IN 33 U.S.C. § 1352(A)(14) § 1322(A)(14), THAT IS SUBJECT TO THE UNIFORM
NATIONAL DISCHARGE STANDARDS FOR VESSELS OF THE ARMED FORCES UNDER 33
U.S.C. § 1322(N); OR
(2) A VESSEL:
(I) THAT DISCHARGES BALLAST WATER OR SEDIMENTS ONLY AT
THE LOCATION WHERE THE BALLAST WATER OR SEDIMENTS ORIGINATED, IF THE
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