PERMANENT RULES
FISH AND WILDLIFE
Date of Adoption: August 11, 2000.
Purpose: Adopt ballast water control rules.
Statutory Authority for Adoption: RCW 77.12.047.
Adopted under notice filed as WSR 00-14-008 on June 26, 2000.
Changes Other than Editing from Proposed to Adopted Version: 1. In subsection (1), "33CFR Ch. 1 § 151.1045" changed to "Title 33 C.F.R. Part 151.2045."
2. In subsection (3), "Inquires" changed to "inquiries."
3. In subsection (4), "parts per thousand and viable aquatic organisms" changed to "parts per thousand combined with viable aquatic organisms."
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 1, Amended 0, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.
August 21, 2000
Russell W. Cahill
for Kelly White, Chairman
Fish and Wildlife Commission
OTS-4314.1
NEW SECTION
WAC 220-77-090
Ballast water management and
control -- Reporting and sampling requirements.
(1) At least twenty-four hours before a vessel subject to chapter 108, Laws of 2000, enters Washington waters intending to discharge ballast water, or twenty-four hours prior to the actual discharge of the ballast water, the master of the vessel must report ballast water management information in written or electronic form to the Washington department of fish and wildlife. This information may be submitted by filing a ballast water report pursuant to Title 33 C.F.R. Part 151.2045, or the report may be forwarded through a recognized marine trade association in a timely manner. Failure to comply may trigger civil penalties under section 8, chapter 108, Laws of 2000.
(2) The department, with assistance from recognized marine trade associations, will compile the ballast water management information required under subsection (1) of this section, compare ballast water reports with vessel arrivals, determine vessel reporting rates, and evaluate the adequacy of ballast water exchange monitoring.
(3) The department may at reasonable times and in a reasonable manner, during a vessel's scheduled stay in port, take samples of ballast water and sediment, may examine ballast water management records, and may make other appropriate inquiries to assess the compliance of vessels with ballast water reporting and control requirements.
(4) No vessel may discharge ballast water into state waters if the ballast water has a salinity level less than thirty parts per thousand combined with viable aquatic organisms, unless specifically exempted in chapter 108, Laws of 2000.
[]