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Ch. 473
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2000 LAWS OF MARYLAND
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BALLAST WATER OR SEDIMENTS DO NOT MIX WITH BALLAST WATER OR SEDIMENTS
FROM AREAS OTHER THAN OPEN SEA WATERS; OR
(II) THAT DOES NOT DISCHARGE BALLAST WATER IN WATERS OF
THE STATE.
5-5A-04.
(A) IN ORDER TO PREVENT THE INTRODUCTION AND SPREAD OF AQUATIC
NUISANCE SPECIES INTO ANY RIVER, ESTUARY, BAY, OR COASTAL AREA THROUGH
THE EXCHANGE OF BALLAST WATER OF VESSELS BEFORE ENTERING THE
CHESAPEAKE BAY, THE CHESAPEAKE AND DELAWARE CANAL, AND OTHER WATERS
OF THE STATE, THE DEPARTMENT SHALL ADOPT, BY REGULATION:
(1) THE FEDERAL GUIDELINES, FOR VESSELS ENTERING MARYLAND
WATERS FROM OUTSIDE THE UNITED STATES EXCLUSIVE ECONOMIC ZONE; AND
(2) STATE GUIDELINES FOR BALLAST WATER MANAGEMENT THAT ARE
CONSISTENT WITH THE FEDERAL GUIDELINES, FOR OTHER VESSELS ENTERING
MARYLAND WATERS.
(B) NOTHING IN THE GUIDELINES ADOPTED UNDER THIS SECTION MAY BE
CONSTRUED TO REQUIRE A VESSEL TO OPERATE IN A MANNER THAT MAY THREATEN
THE SAFETY OF THE VESSEL OR ITS CREW OR PASSENGERS.
5-5A-05.
THE DEPARTMENT SHALL:
(1) ADOPT BALLAST WATER CONTROL REPORT FORMS, CONSISTENT
WITH THE FORM ADOPTED BY THE UNITED STATES COAST GUARD, TO MONITOR
COMPLIANCE WITH THE FEDERAL AND STATE GUIDELINES;
(2) ASSIST WORK COOPERATIVELY WITH THE UNITED STATES COAST
GUARD IN DISTRIBUTING, THE MARYLAND PORT ADMINISTRATION, AND THE
SHIPPING INDUSTRY TO ASSURE DISTRIBUTION OF THESE FORMS TO VESSELS; AND
(3) DIRECT RETURN OF THE FORMS TO THE DEPARTMENT AND TO THE
NATIONAL BALLAST WATER INFORMATION CLEARINGHOUSE OF THE SMITHSONIAN
ENVIRONMENTAL RESEARCH CENTER
5-5A-06.
AS A CONDITION OF USE OF THE WATERS OF THE STATE, THE OPERATOR, OR AN
A SHIPPING AGENT ACTING ON BEHALF OF THE OPERATOR, OF EACH VESSEL THAT IS
SUBJECT TO THIS SUBTITLE SHALL COMPLETE AND RETURN A BALLAST WATER
CONTROL REPORT FORM IN ACCORDANCE WITH INSTRUCTIONS PROVIDED WITH THE
FORM.
5-5A-07.
A PERSON A VESSEL OPERATOR EITHER DIRECTLY OR THROUGH A SHIPPING
AGENT, WHO FAILS TO COMPLETE AND RETURN A BALLAST WATER CONTROL
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- 2528 -
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