FISH AND WILDLIFE
Effective Date of Rule: Thirty-one days after filing.
Purpose: Amend rules ballast water reporting.
Citation of Existing Rules Affected by this Order: Amending WAC 220-77-090.
Statutory Authority for Adoption: RCW 77.12.047.
Adopted under notice filed as WSR 06-02-097 on January 4, 2006.
Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.
Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.
Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.
Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.
Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.
Date Adopted: February 10, 2006.
for Ron Ozment, Chair
Fish and Wildlife Commission
AMENDATORY SECTION(Amending Order 01-173, filed 8/20/01, effective 9/20/01)
WAC 220-77-090 Ballast water management and control -- Reporting and sampling requirements. (1) Vessels which are subject to chapter 77.120 RCW and which intend to discharge ballast water into Washington state waters must report ballast water management information at least twenty-four hours prior to entering Washington waters by filing a ballast water report pursuant to Title 33 C.F.R. Part 151.2045 with the department's designated agents as follows:
(a) Vessels bound for Puget Sound or coastal ports must file their ballast water reporting form with the Marine Exchange of Puget Sound in Seattle. Forms must be submitted by fax or in electronic format.
(b) Vessels bound for Washington ports on the Columbia River must file their ballast water reporting form with the Merchants Exchange of Portland. Forms must be submitted by fax or in electronic format.
(2) Vessels not intending to discharge ballast water into Washington state waters shall notify the department in one of the following ways:
(a) Vessel operators who do not wish to file a ballast water reporting form may send a signed letter to the state ANS coordinator, at Department of Fish and Wildlife, 600 Capitol Way No., Olympia, WA 98501-1091, which includes the following information:
(i) Vessel name, identification number (International Maritime Organization, Lloyds of London or U.S. Coast Guard registry number), owner, agent and vessel type; and
(ii) A statement that the vessel will not discharge ballast water.
(b) Vessels that would normally discharge ballast water, but will not discharge on any given trip, may continue to file the ballast water reporting form, with "not discharging" written in the ballast water history section.
(3) The department, or designated representatives, 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) Interim report for implementing 2007 ballast water exchange program.
(a) All vessels subject to chapter 77.120 RCW that enter Washington waters after July 1, 2007, will be prohibited from discharging ballast water under the safety exemptions to the ballast water exchange program. In order to implement the 2007 program, vessel information is required to be on file with the department prior to July 1, 2006.
(b) All vessels subject to chapter 77.120 RCW that enter Washington waters after July 1, 2006, are required, prior to July 1, 2006, to file a Washington State Interim Ballast Water Management Report Form on the report form provided in (d) of this subsection.
(c) A vessel subject to chapter 77.120 RCW that enters Washington waters after July 1, 2006, and for which the vessel owner has not submitted a Washington State Interim Ballast Water Management Report Form is subject to a five hundred dollar reporting penalty.
(d) Washington State Interim Ballast Water Management Report Form and Instructions:
|1. Owner/Operator||Vessel(s) Owner Information:||Responsible Party Information:|
|City, State/Province Zip||____________||City, State/Province Zip||____________________|
|Telephone Number||____________||Telephone Number||____________________|
|2. Fleet Information|
|Vessel Name||Existing Vessel, or New Build||IMO#||Type||GT||Ballast Capacity|
|1. If you need to list additional vessels, make sure cursor is in last row of table, select "Table" on the menu bar, choose "Insert," then select "Rows Below."|
|2. Use one reporting form for each ballast water management plan.|
|3. See attached instruction form.|
|3. Ballast Management Compliance Plan (2007)|
|a. Does this management plan include retaining ballast on board?||Yes||No|
|b. Does this management plan include the discharge of water that originated solely within "local waters"?||Yes||No|
|c. Does this management plan include ballast exchange?||Yes||No|
|d. If considering ballast exchange: How will you handle ballast if unable to exchange at sea?|
|e. Does this management plan include a ballast treatment system? If yes, complete f. through l.||Yes||No|
|f. Vendor Company|
|g. Vendor Contact|
|h. Final System Selection Date||j. System Purchase Date|
|i. System Installation Date||k. System Operational Date|
|l. Additional Comments|
|Responsible Party Signature:_______________________________||Date:____________________________|
|By submitting this form by
e-mail, the responsible party is
certifying that all information
provided is complete and
[Statutory Authority: RCW 77.12.047. 01-17-097 (Order 01-173), § 220-77-090, filed 8/20/01, effective 9/20/01; 00-17-146 (Order 00-163), § 220-77-090, filed 8/22/00, effective 9/22/00.]