(1) This chapter
applies to all vessels transiting into the waters of the state
from a voyage, except:
(a) A vessel of the United States department of defense or
United States coast guard subject to the requirements of section
1103 of the national invasive species act of 1996, or any vessel
of the armed forces, as defined in 33 U.S.C. Sec. 1322(a)(14),
that is subject to the uniform national discharge standards for
vessels of the armed forces under 33 U.S.C. Sec. 1322(n);
(b) A vessel that discharges ballast water or sediments only
at the location where the ballast water or sediments originated,
if the ballast water or sediments do not mix with ballast water
or sediments from areas other than open sea waters; and
(c) A vessel in innocent passage, merely traversing the
territorial sea of the United States and not entering or
departing a United States port, or not navigating the internal
waters of the United States, and that does not discharge ballast
water into the waters of the state.
(2) This chapter does not authorize the discharge of oil or
noxious liquid substances in a manner prohibited by state,
federal, or international laws or regulations. Ballast water
containing oil, noxious liquid substances, or any other pollutant
shall be discharged in accordance with the applicable
requirements.
(3) The master or operator in charge of a vessel is
responsible for the safety of the vessel, its crew, and its
passengers. Nothing in this chapter relieves the master or
operator in charge of a vessel of the responsibility for ensuring
the safety and stability of the vessel or the safety of the crew
and passengers.
[2007 c 350 § 9; 2000 c 108 § 3.]