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Washington
State Ballast Water Program
Overview
The State of Washington Department of Fish & Wildlife (WDFW) is
charged with implementing the ballast water management laws under Chapter
77.120 RCW. This chapter applies to all vessels of three hundred
gross tons or more, United States and foreign, carrying, or capable
of carrying, ballast water into the waters of the state after operating
outside of the waters of the state. The owner or operator in charge
of a vessel is required to ensure that the vessel does not discharge
ballast water into the waters of the state except as authorized by this
law. Discharge of ballast water into waters of the state is authorized
only if there has been an open sea exchange, or if the vessel has treated
its ballast water, to meet standards set by the department consistent
with applicable state and federal laws. A vessel that does not file
a ballast water reporting form or discharges improperly exchanged or
treated ballast water into waters of the state without a valid exemption
will result in a civil penalty up to $27,500.
New
Ballast Water Laws
The Washington State legislature passed Senate Bill 5923 that becomes
effective on July 22, 2007. The content of the web site reflects many
of the changes made to state laws regarding ballast water management.
Changes of note include:
New
Ballast Water Rules
WDFW is currently working on the development of permanent rule language
to implement portions of the legislation. The proposed language will
then be considered for permanent rule adoption by the Fish & Wildlife
Commission in their public rule making process. This activity is being
done in collaboration with the state’s Ballast Water Work Group
(BWWG), an advisory consortium of stakeholders representing the shipping,
tanker and cruise line industries, public ports, state agencies, tribes,
and environmental interests. During the interim, emergency rules were
required to implement the new laws noted above. The BWWG also collaborated
in the development of the emergency rules and provided a consensus recommendation
to have them adopted by the department. The emergency rules are effective
for 120 days and may be extended if significant progress is being made
on the permanent rule making process. Changes of note include:
- New - Vessels
not intending to discharge must also file a Ballast Water Reporting
Form (BWRF)
- Correct and
clarify - Where and how to file a BWRF
- Remove - Outdated
requirement to file an Interim Ballast Water Management Report
- New - Safety
exemption filing and department review protocols
- New - Safety
exemption fee assessment process
- New –
Civil penalty assessment process
- Revised –
Interim ballast water treatment system application and approval process
Emergency
rules in the Washington State Register
- WAC
220-77-0900C: Ballast water reporting and sampling requirements
[PDF]
<EMERGENCY RULE AS OF AUGUST 14, 2007>
- WAC 220-77-09500A:
Ballast water discharge standard and treatment system approval process
[PDF]
<EMERGENCY RULE AS OF AUGUST 14, 2007>
WDFW emergency rule
rationale document
[PDF]
Full
Exemption
Full exemption
means that a vessel meeting the following criteria does not need to
file a Ballast Water Reporting Form (BWRF). This chapter applies to
all vessels transiting into the waters of the state from a voyage, except:
- 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).
- 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. WDFW interprets “solely” to mean 100% of waters
or sediments originating within a general port area. This law is intended
to allow vessels that have already filed a BWRF to discharge ballast
water in a Washington port, to take on and discharge additional ballast
water during normal loading/unloading operations without having to
file again. It is also intended to exempt vessels that function solely
within a port from having to file a BWRF every time it discharges.
If in doubt, call WDFW or file a BWRF.
- 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.
Compliance
With Washington's Ballast Water Management Laws
Ballast
Water Reporting Form
All vessels covered by this law must file a Ballast Water Reporting
Form (BWRF) at least 24 hours prior to entering Washington waters
whether intending to discharge ballast or not, except as provided
in the “Full Exemption” section above, the “Vessels
Not Intending to Discharge Ballast Water” section below, or
as provided in RCW 77.120.020(1)(b) where discharge is conducted only
at the location where 100% of the ballast water or sediments specifically
originated (“common waters” as noted below does not apply).
AND
Retain
Ballast Water
A vessel may choose to retain all ballast water on board during their
visit to state waters. Vessel’s that do not regularly, or ever,
discharge ballast water may file a letter as defined in “Vessels
Not Intending to Discharge Ballast Water” below.
OR
Exchange
All vessels intending to discharge ballast are required to conduct
an open ocean exchange. Vessels on coastal voyages are required to
conduct an exchange at least 50 nautical miles offshore. Vessels transiting
from outside the United States Exclusive Economic Zone (EEZ) and intending
to discharge ballast in state waters are required to conduct an open
sea exchange at least 200 nautical miles offshore.
OR
Treatment
All vessels intending to discharge ballast, but not conducting an
open sea exchange are required to treat their ballast water with a
treatment system that has been approved by the state.
Discharge Exemption for “Common Waters”
The filing of a
BWRF is still required between ports in the “common waters”
zone. However, a vessel may discharge ballast water without an open
sea exchange or treatment if that water originated solely within the
common waters zone (near-coastal blue or grey-shaded areas on map) that
includes the waters of Washington State, the Oregon portions of the
Columbia River system, and the internal waters of British Columbia south
of latitude fifty degrees north, including the waters of the Straits
of Georgia and Juan de Fuca.
“Solely”
means 100% of the ballast water or sediment comes from those waters.
The common waters zone relates only to vessels voyaging to a Washington
State port from designated Canadian and Oregon waters. It does not imply
or provide any regulatory agreements or authorities for vessels voyaging
between Oregon and Canadian waters. Please refer to Canadian and Oregon
ballast water laws for their requirements.
Discharge
Safety Exemptions for Adverse Weather, Design Limitations, Equipment
Failures, and Extraordinary Conditions
A
safety exemption may be filed when the master, operator, or person in
charge of a vessel determines that a ballast water exchange or treatment
operation would threaten the safety of the vessel, its crew, or its
passengers, because of adverse weather, vessel design limitations, equipment
failure, or any other extraordinary conditions. A master, operator,
or person in charge of a vessel claiming a safety exemption must notify
the department of their intent to do so on the BWRF as noted above.
Notification requires writing the words "SAFETY EXEMPTION"
on the form where it asks "If no ballast treatment conducted, state
reason why not:" and stating the cause as either "ADVERSE
WEATHER," "VESSEL DESIGN LIMITATION," EQUIPMENT FAILURE,"
or “EXTRAORDINARY CONDITION."
The department will
assess a minimum $500 safety exemption fee for administrative costs
and may assess a larger fee up to $5,000 based on vessel history, risk,
and degree of failure to implement prior compliance plans and alternative
strategies. No safety exemption request is required if the vessel does
not intend to discharge unexchanged or untreated ballast water and the
crew follows the requirements under subsection (2) of this section.
Vessel operators may rescind a safety exemption claim by filing an amended
BWRF and notifying the department.
The department will
review safety exemption claims to determine validity and whether a compliance
plan and alternative strategy are required. Compliance plans and alternative
strategies will be established to minimize discharge of future unexchanged
ballast water until compliance can be met.
Filing
Ballast Water Reporting Forms
WDFW requires the
same BWRF as required by the U.S. Coast Guard pursuant to Title 33 C.F.R.
Part 151.2045. The BWRF and instructions are available on the internet
at: http://invasions.si.edu/bwform.htm.
Ballast Water Reporting
Forms must be filed electronically (preferred) or by fax 24 hours prior
to entering Washington waters through WDFW or one of the following designated
agents based on intended port of call:
| The
Marine Exchange
of Puget Sound
Email:
waballast@aol.com
FAX:
206-443-3839
(Info: 206-443-3830) |
The
Merchants Exchange
for the Columbia River
Email:
marine.room@pdxmex.com
FAX:
503-295-3660
(Info: 503-228-4361) |
The
Washington Department
of Fish & Wildlife
Email:
ballastwater@dfw.wa.gov
FAX:
360-902-2845
(Info:
360-902-2700) |
Vessels
Not Intending to Discharge Ballast Water
Vessels not intending
to discharge ballast water into state waters shall notify the department
in one of the following ways:
- File BWRF:
Vessels that would normally discharge ballast water, but will not
discharge on any given trip, must continue to file a BWRF.
**CORRECTION
TO EMERGENCY RULE WAC 220-77-0900C(2)(b): Do not write, “NOT
DISCHARGING” in the ballast water history section 5 of the
BWRF. Simply complete section 4, “Ballast Water Management”
information correctly for that situation.**
- File Letter:
Vessel operators who do not regularly, or ever, discharge ballast
water and who do not wish to file a BWRF for each visit may send a
signed form letter, as provided by the department and at least thirty
days prior to entering Washington waters, to the department by e-mail
at ballastwater@dfw.wa.gov; by fax at 360-902-2845; or by U.S. mail
to the ANS Coordinator at Department of Fish and Wildlife, 600 Capitol
Way North, Olympia, WA 98501-1091. The letter must contain the following
information:
(a) Vessel
name(s), identification number(s) - either the International Maritime
Organization, U.S. Coast Guard, or Lloyds of London registry number
in order of preference;
(b) A statement
that the vessel will not discharge ballast water unless they file
a proper BWRF; A statement that if the vessel does need to discharge
on a voyage, they will file a BWRF 24 hours prior to discharge;
and
(d) The signature
of the owner, operator, or other authorized representative.
Click
here for a copy of the BWRF Waiver
Request Form. [MS Word Format]
Vessel
Inspections & Sampling
The
department or designated representatives may, at reasonable times and
in a reasonable manner during a vessel’s scheduled stay in port,
conduct vessel inspections to examine ballast water management records
and collect in-tank samples of ballast water and sediment. The vessel
inspections are to provide education on the state’s ballast water
management program and assess a vessel’s compliance with state
ballast water management requirements.
The department may
impose civil penalties ranging from a warning letter up to $27,500 for
violation of the requirements of RCW 77.120. Each day of a continuing
violation constitutes a separate violation. The department will assess
civil penalties based on elements that include, but are not limited
to:
- Degree and nature
of failure in meeting reporting requirements;
- Degree and nature
of failure in allowing reasonable department inspection of a vessel's
ballast water management records or allowing samples to be taken from
ballast tanks;
- Degree and nature
of failure in preventing or stopping discharge upon request by department;
- Volume and risk
of introducing invasive species based on the source of unexchanged
or untreated discharge;
- Discharge of
treated water using a technology that has not been approved for use
in waters of the state; and
- Vessel and operator
violation history.
WDFW
Contact Information
Questions or comments
regarding the state’s Ballast Water Management Program may be
directed to:
West Coast Ballast
Water Links
- US
Coast Guard
- Ballast Management
Laws and Regulations - West Coast Ballast Outreach Project
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