U.S. Coast Guard
Ballast Water Management (BWM)
Requirements
LT. Eddie Lesane
U.S. Coast Guard Sector Charleston
September 2006
BWM Outline
HISTORY OF BWM PROGRAM
MANDATORY REQUIREMENTS
COAST GUARD PORT STATE CONTROL EXAMINATIONS
ENFORCEMENT ACTIONS
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Nature & Magnitude of Aquatic Nuisance
Species (ANS) Problems
Billions of dollars in direct &
indirect costs.
Adverse impacts on quality of life.
Potential serious ecosystem
damages.
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Coast Guard Ballast Water Program
Background/Timeline
29 November 1990 – Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (NANPCA) initiated; Final Rule published 08 April 1993
26 October 1996 - Congress inacted the National Invasive Species Act of
1996 (NISA) (Charged CG w/initiating Voluntary Program in all U.S. ports &
required all vessels to submit reports
1997 – Smithsonian Environmental Research Center created the National
Ballast Information Clearinghouse (NBIC)
17 May 1999 – Interim Rule published in federal register; established 33CFR
part D; created mandatory BWM reporting & record keeping & promoted best
practices for all vessels entering U.S. after operating outside of the EEZ
(200NM). 21 November 2001 Final Rule published via Federal Register
03 June 2002 - CG submitted its first report to Congress & determined the
rate of compliance was found to be inadequate, and vessel operators often
failed to submit mandatory ballast water reports to the Coast Guard during
this timeframe. Report also stated the Secretary’s intention to have the CG
take additional action to reduce the inflow of ANS; Final rule published 28
July 2004 and became effective 27 September 2004
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Statistics From Initial Report to Congress
Analysis of information received by the NBIC under voluntary
guidelines indicates:
a) Only 30.4% submitted reports during the first 24 months of the
voluntary requirements coming into effect
b) Over a two year period the monthly compliance rate
increased gradually from 20% to a final rate of about 40%
c) Approximately 51% of the reporting ships that discharged
ballast water performed some degree of ballast water
exchange (reasons varied & included constraints posed by
the vessel’s itinerary as well as ship and crew safety
concerns)
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Transition from Voluntary to Mandatory
BWM Program
All vessels in U.S. waters equipped with BW tanks
must:
Develop a ship specific plan
Report before departing a port or place of departure if the
voyage is 24 hrs
Employ primary BWM practices:
1. Maintain ballast on board
2. Minimze ballast water uptake or discharge in certain
locations & times
3. Complete mid-ocean exchange of ballast water no
less than 200 NM of any shore
Exemptions:
Crude Oil Tankers on Coastwise Voyage
DOD, Coast Guard and Armed Service Vessels
Vessels that operate exclusively in one COTP Zone
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Safety Exemptions and Voyage Constraints
If a ship retains its ballast water because:
A) The voyage does not take it more
than 200 NM from any shore for
“SUFFICIENT TIME”; or
B) Because of safety concerns
Ship may discharge only that amount
“operationally necessary.”
Records must be available to the COTP
upon request!
BW samples may be taken!
Note: Mid Ocean Seawater should retain a salinity between 30 -40 ppm
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CG PSC Ballast Water Examination
Primary goal: To determine if vessel is in compliance with BWM during
regular PSC safety examinations & to verify whether ballast water
strategies were implemented
Pre-examination preparation:
1. Prior to conducting examinations, CG MI’s review the vessel’s history in
our MISLE database (Any current BWM lookout list issued by CG HQs)
Aboard the vessel:
1. Check anchor equipment, hull and components visible below water line
for biofouling (i.e., seaweed, barnacles, other algae and shellfish)
2. If at DD, verify if sediments in ballast tanks; if so vessel must dispose of
in accordance with State and local laws (Vessels should be cleaning
tanks regularly)
3. Check for specific ballast water plan; If a plan is not made available a
violation for failure to comply and an expanded examination will be
conducted
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CG PSC Ballast Water Examination
Cont’d
4. CG Marine Inspectors presently examine onboard BWM records going
back 2 years
5. If vessel is on BWM Lookout List for failing to report or is suspected of
being out of compliance, ensure expanded examination is conducted
(Ballast Water Sampling to be included)
Note: Vessels that fail to comply w/BWM requirements are subject to the
following:
Verbal Education, Letter of Warning, Notice of Violations, Civil Penalties
($32,500/day), Suspension and Revocation, Captain of the Port Orders,
Criminal Charges (Class C Felony)
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References
NBIC: http://invasions.si.edu/NBIC/bwform.html;
Coast Guard link: http://www.uscg.mil/hq/g-m/mso/bwm.htm
Coast Guard NVIC 07-04, CH-1
33 CFR 151 Parts C & D
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United States
Coast Guard