ALTERNATIVE BALLAST WATER
EXCHANGE AREAS
Workshop on Physical and Biological Oceanographic
Considerations
June 20-22, 2006; Seattle, WA
Concepts
Federal and International
Regulation and Policy
U. S. Federal Law and Regulations
National Aquatic Nuisance Prevention and Control Act, 1990
1993 Great Lakes Mandatory BWM
1994 Hudson River Mandatory BWM
33 CFR 151 Subpart C
National Invasive Species Act, 1996
1998 National Voluntary Program
2001 Report to Congress: Voluntary program inadequate
2004 Penalties and National Mandatory Program
33 CFR 151 Subpart D
Ships entering U.S. waters from outside the
200 nm exclusive economic Zone required
to exchange ballast water at least 200 nm
from any shore.
NANPCA - NISA
SEC. 1101. AQUATIC NUISANCE SPECIES IN THE WATERS
OF THE UNITED STATES.
(b) Regulations.-(1) In general.--Not later than 2 years after the date of enactment of this Act,
the Secretary, in consultation with the Task Force, shall issue regulations to
prevent the introduction and spread of aquatic nuisance species into the
Great Lakes through the ballast water of vessels.
(2) Content of regulations.--The regulations issued under this subsection shall-(A) apply to all vessels equipped with ballast water tanks that enter a
United States port on the Great Lakes after operating on the waters
beyond the exclusive economic zone;
(B) require a vessel to-(i) carry out exchange of ballast water on the waters beyond the exclusive
economic zone prior to entry into any port within the Great Lakes;
(ii) carry out an exchange of ballast water in other waters
where the exchange does not pose a threat of
infestation or spread of aquatic nuisance species in
the Great Lakes and other waters of the United States,
as recommended by the Task Force under section
1102(a)(1);
Ballast Water Management Act
(S.363)
(e) BALLAST WATER EXCHANGE REQUIREMENTS.
(C) EXCHANGE IN DESIGNATED AREA
(i)
IN GENERAL.—If the operator of a vessel is unable to conduct ballast water
exchange in accordance with subparagraph (B), the operator of the vessel may
conduct ballast water exchange in an area that does not meet the distance and
depth criteria of subparagraph (B) in such areas as may be designated by the
Administrator of the National Oceanic and Atmospheric Administration,
determined in consultation with the Secretary and the Administrator of the
Environmental Protection Agency, for that purpose.
(ii) CHARTING.—The Administrator of the National Oceanic and Atmospheric
Administration, in consultation with the Secretary, shall designate such areas on
nautical charts.
(iii) LIMITATION.—The Administrator may not designate an area under clause (i) if a
ballast water exchange in that area could have an adverse impact, as determined
by the Secretary in consultation with the Administrator of the Environmental
Protection Agency.
International Maritime
Organization
International Convention for the Control
and Management of Ships’ Ballast Water
and Sediments, 2004
Regulation B-4
Ballast Water Exchange (BWE)
1. A ship conducting BWE to meet the standard in Regulation D-1
shall:
.1 whenever possible, conduct BWE at least 200 nautical miles
(nm) from the nearest land and in water at least 200 meters deep;
.2 in cases where .1 not possible, at least 50 nm from nearest land
and 200 meters deep.
2. In sea areas where the distance from the nearest land or the
depth does not meet the parameters in paragraph 1, the port State
may designate areas, in consultation with adjacent or other states,
as appropriate, where a ship may conduct BWE.
Many determinations necessary
Issues include at least the following areas:
• Biological
• Logistical
• Regulatory
Biological
• Potential for adverse effects on receiving
communities
– Discharge into areas:
• Foreign BW discharged into ABWEAs
• ABWEA water discharged into ports
– Dispersal and transport:
• in-shore
• adjacent areas
–
–
–
–
–
Other jurisdictions
Sanctuaries
Reserves
National Monuments
Important biodiversity and fishery areas
Logistical
• Vessel traffic management
– Crowding
– Diversions and delays
• Practicability
– Location in relation to existing routes
– Size in relation to distance/time required to
conduct BWE
– Predictability
• Seasonal?
• Interannual?
– Limits on intensity of use?
• Frequency and magnitude of discharges
Regulatory
• Cost
– Establish the Regulation
– Public
• Life-time
– BWE “expected” to be phased out (decade?)
Cost issues
Regulatory schedule
• Enforceability
– Safety
– Independent parameters for compliance?