Ballast water discharged from ships is one of the largest pathways for the introduction and spread of aquatic nuisance species (ANS). In response to national concern regarding ANS, the National Invasive Species Act of 1996 (NISA) was enacted which reauthorized and amended the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA). NISA required the Coast Guard to establish national voluntary ballast water management guidelines. If the guidelines were deemed inadequate, NISA directed the Coast Guard to convert them into a mandatory national program. To comply with NISA, the Coast Guard has established both regulations and guidelines to prevent the introduction of ANS.
Under the initial nationwide program which began in 1998, a self-policing program was established where ballast water management (BWM) was initially voluntary for a period of 24-30 months. However, 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. The voluntary program has become mandatory under the rules found in 33 CFR 151.
Additional information can be found on the ANS Task Force web site.
On June 14, 2004, the Coast Guard published regulations establishing penalties for ships headed to the U.S. that fail to submit a ballast water management reporting form, as well as vessels bound for the Great Lakes or portions of the Hudson River that violate mandatory ballast water management requirements. These regulations also increase the number of vessels subject to these provisions by expanding the reporting and the recordkeeping requirements on ships, increasing the Coast Guard’s ability to determine the patterns of ballast water movement as required by NISA. The Coast Guard may now impose a civil penalty of up to $27,500 per day or Class C Felony charge for non-submittal. Vessels are strongly encouraged to electronically submit ballast water management reporting forms via email and/or web-based methods available at the National Ballast Information Clearinghouse web site: http://invasions.si.edu/nbic/submit.html
On July 28, 2004, the U.S.
Coast Guard published regulations establishing a national mandatory ballast
water management program for all vessels equipped with ballast water tanks
that enter or operate within
On October 29, 2004, the U.S.
Coast Guard (USCG) issued
Change-1 to the Navigation and Vessel Inspection Circular (NVIC) 07-04,
titled “Ballast Water Management for the Control of Aquatic Nuisance Species
in the Waters of the
The Coast Guard and the National Ballast Information Clearinghouse (NBIC) have launched the new Equivalent Reporting Program for vessels operating exclusively in the U.S. Exclusive Economic Zone (EEZ). This program offers an alternative for an Owner, Operator, Master, Agent, Person-in-Charge or Charterer of a vessel to submit required Ballast Water Management (BWM) Reports in a single batch report on a monthly basis, instead of on a port-to-port, pre-arrival schedule as required under 33 CFR 151.204(b). To be accepted into this program, a BWM Equivalent Reporting Program Application must be filled out and emailed as an attachment to the Coast Guard’s Environmental Standards Division: environmentalstandards@comdt.uscg.mil.
Each applicant vessel must
operate exclusively within the EEZ or Canadian equivalent: must not have
ever been listed on a Coast Guard Lookout List for failing to submit a BWM
report or for submitting incomplete or inaccurate reports; have suitable
capability for emailing the form as an attachment; and either make 10 or
more BWM reports per calendar month or be part of a fleet of applicant
vessels, owned by the same company, who make 50 or more BWM reports per
calendar month. To learn more about this program and download a BWM
Equivalent Program Application and submission information, visit:
Environmental Standards Division (CG-5224)
U.S. Coast Guard Headquarters
(Room 1210)
2100 Second Street, SW
Washington, DC 20593
202-372-1401
environmentalstandards@comdt.uscg.mil