Water Log 19.2

Coast Guard Rule Seeks Ballast Water Management

Interim Rule Implements National Invasive Species Act of 1996
 

33 C.F.R. § 151, 64 Federal Register 26672 (May 18, 1999).
 

Kristen M. Fletcher, J.D., LL.M.
 

On July 1, the U.S. Coast Guard will begin implementing measures to prevent environmental and health problems resulting from harmful aquatic plants and animals carried from abroad in ships' ballast water. The interim rule, published May 18, offers voluntary ballast water management guidelines for ships operating outside U.S. waters and requires each ship to implement a management plan and to submit mandatory reports outlining these management practices. The rule applies to vessels entering U.S. waters after operating beyond the exclusive economic zone and for vessels specifically operating in the Great Lakes or the Hudson River.

Ballast water is any water and suspended matter taken on board a vessel to control or maintain stability. The dumping of ballast water is to blame for the introduction of the zebra mussel which reached the Great Lakes by hitchhiking in the ballast water of a ship originating in either the Caspian Sea or the Black Sea, the animal's natural habitat. Problems caused by non-native plants and animals have increased nationwide with ballast-water dumps frequently identified as a prime culprit.

Congress fought invasions like these when it called for protection of U.S. waters under the Non-Indigenous Aquatic Nuisance Prevention and Control Act of 1990 and updated and reauthorized it in 1996 with the National Invasive Species Act (NISA). The NISA called for increased reporting and the establishment of a National Ballast Information Clearinghouse. The interim rule requires ship operators to supply pertinent information such as the amount of ballast water on board, the originating port and method of managing the water. It also provides voluntary guidelines to minimize the uptake and release of harmful aquatic organisms and sediment.

Each vessel carrying ballast water into U.S. waters after operating outside the Exclusive Economic Zone (EEZ) must either (1) exchange ballast water beyond the EEZ in waters >2000 meters before entering U.S. waters; (2) retain ballast water on board; (3) use an alternative pre-approved method; or (4) discharge ballast water into an approved reception facility.

The interim rule has guidelines similar to those adopted by the International Maritime Organization for worldwide use. The rule will be subject to public comment for 60 days and after implementation, the Coast Guard will monitor compliance by taking samples of ballast water, examining documents, and making other inquiries.

The interim rule is available through the Legal Program's web-page under Coastal Links.
 

University of Mississippi