Coastal Services Center

Every day, ships from all over the world discharge large quantities of ballast water carrying plants, animals, and bacteria into U.S. waters. Any of these aliens may be a potential invader that could oust native species, degrade native habitats, and create huge economic and social impacts.

Although aquatic invaders can arrive through many pathways, research in the 1990s identified ballast water as one of the major sources. By then, San Francisco Bay was one of the most highly invaded ecosystems in the world.

Concerned that national and international efforts to provide guidance and regulations for minimizing and preventing introductions from ballast didn't go far enough to protect state waters, California passed the Ballast Water Management for Control of Nonindigenous Species Act of 1999.

With this legislation, the state became the first to require ships to exchange ballast water at sea to minimize the possibility of transporting invasive species. Other states, such as Washington and Oregon, soon followed with their own legislation.

While California's Marine Invasive Species Program is generally considered a success, shipping industry representatives say they are concerned about the "patchwork quilt" of state, federal, and international guidelines and regulations that ship captains find themselves under as they move from port to port.

To help smooth the regulatory transition, California has standardized its paperwork and inspection requirements with those of the U.S. Coast Guard, and is working with the other western states, as well as British Columbia, Canada, to develop a regional approach for addressing ballast water management.

Those interviewed for this article agree that ballast water exchange is a stop-gap measure until technology is developed that eliminates the threat from stowaway organisms.

Spotting an Invasion

Nonindigenous aquatic species are now reported in San Francisco, Los Angeles, San Diego, and many smaller harbors and embayments throughout California. But it was the 234 nonindigenous species identified in San Francisco Bay that sounded the state's alarm about the issue, says Maurya Falkner, environmental program manager for the California State Lands Commission's Marine Invasive Species Program.

"Several species have caused dramatic damage to the ecosystem," notes Falkner. "It's a huge problem."

Falkner points to the Asian clam, which eats up the food sources of native fish, and the Chinese mitten crab, which in 1998 shut down water supply systems, impacting drinking water and agriculture, as two of the most damaging species to the bay.

Getting Into the Act

Recognizing the significance of the problem, the California lawmakers passed legislation establishing a statewide, multiagency program
that makes ballast water management mandatory.

California's original law applied to all U.S. or foreign vessels that enter state waters after operating outside the U.S. Exclusive Economic Zone (EEZ). Vessels must either conduct a mid-ocean exchange of ballast water or retain all ballast water on board the vessel. This law was later expanded to include all vessels entering California ports.

A baseline assessment and continued monitoring of the state's marine environment, as well as evaluation of alternative methodology for controlling invasive species introductions, are part of the program.

One of the keys to the program's success, says Falkner, is that it is funded through a fee that vessels must pay when calling on a California port. The fee is currently set at $500 per voyage, but will be reduced to $400 per voyage in spring 2005.

Allowable fines of up to $500 a day for noncompliance are rarely given, but they have been important to ensuring industry compliance with the program, Falkner says. "Our policy is not to support the program with fines. If we can get these guys to voluntarily comply, we would rather go that route."

A 25-member advisory group that includes industry representatives, as well as staff members from regulatory agencies and environmental organizations, helps lead and evaluate the program. "We spent a lot of time working with the industry and environmental groups when developing the legislation," notes Falkner.

The original bill had a sunset date of December 31, 2003, and was renewed that year by the
state legislature.

Big Numbers

Industry compliance with California's program is close to 100 percent, which is documented through fee payments, report filings, and an onboard
inspection program.

"It's really pretty amazing," notes Falkner. "The industry wants to comply. They want to be able to say they are doing the right thing."

She adds, "It's working here, at least at the programmatic level. We've reduced the introduction of species, at least by commercial vessels."

John Berge, vice president of the Pacific Merchant Shipping Association, acknowledges that California's program has been "effective" at achieving the state's goals, but he has concerns about other states looking to produce similar legislation.

"One of our mantras is that we would like to see a comprehensive approach" to addressing ballast issues, Berge says. "We really feel like there is a patchwork quilt of regulations" that can be confusing for ship captains and international shipping companies.

"Ideally, we would prefer international regulation to address this," Berge says. "Secondly, we would prefer to see a federal program that is stringent enough that it provides the safeguards that local and state managers feel they require."

Filling the Gaps

California's regulatory approach has other limitations, notes Linda Sheehan, executive director of the California CoastKeeper Alliance. The original legislation "only addressed ballast water coming from other countries. It didn't address ships coming from other states" that never went beyond the EEZ. California is now working with Alaska, Washington, Oregon, and Canada to help "fill that gap."

Sheehan also points out that exchanging ballast water "is not as effective as it should be. It's a stopgap method. We need to move forward on treatment or retention options."

"Everyone agrees this is essential," Berge says. "Our industry has stepped up and volunteered to pursue advancements in experimental technologies for onboard treatment."

While addressing ballast water is paramount to preventing aquatic invasions, other avenues of introduction should not be ignored, advises Sheehan. Invasive species can be introduced through a number of avenues, including aquaculture, marinas, and recreational fishing.

"In some ways, ballast is low-hanging fruit," Sheehan says. "It needs to be tackled, but so do all the other sources."

For more information on the California Marine Invasive Species Program, contact Maurya Falkner at (916) 574-2568 or FALKNEM@slc.ca.gov. You may contact John Berge at (415) 352-0710 or jberge@pmsaship.com, and Linda Sheehan at (510) 770-9764 or LSheehan@cacoastkeeper.org.

For more information on state, national, and international efforts to address the introduction of aquatic nuisance species through ballast water, point your browser to the following Web sites:

Aquatic Nuisance Species Task Force
www.anstaskforce.gov

California State Lands Commission
www.slc.ca.gov

Great Lakes Panel on Aquatic
Nuisance Species
www.glc.org/ans/

International Maritime Organization
www.imo.org

National Ballast Information
Clearinghouse – Smithsonian Environmental Research Center
http://invasions.si.edu/nbic/

Northeast-Midwest Institute Aquatic Invasive Species Site
http://nemw.org/biopollute.htm

U.S. Geological Survey Nonindigenous Aquatic Species Site
http://nas.er.usgs.gov

Sea Grant Nonindigenous Species Site
www.sgnis.org

U.S. Coast Guard Ballast Water Program
www.uscg.mil/hq/g-m/mso/bwm.htm

West Coast Ballast Outreach Project
http://ballast-outreach-ucsgep.ucdavis.edu