WSR 06-07-006

PERMANENT RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Order 06-35 -- Filed March 2, 2006, 2:55 p.m. , effective April 2, 2006 ]


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Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 1, Repealed 0.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 0, Amended 0, Repealed 0.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0.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.

Nancy Burkhart

for Ron Ozment, Chair

Fish and Wildlife Commission

OTS-8567.1


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:


Completion Instructions For:

Washington State Interim Ballast Water Management Report Form


(Please type in English)


SECTION 1. OWNER/OPERATOR

Vessel(s) Owner Information: Write in the name of the registered owner(s) of the vessel. If under charter, enter Operator name. Also provide mailing address.

Responsible Party Information: Print the person's name, company and contact information (current phone number and e-mail) of the person responsible for administering the management plan described below.


SECTION 2. FLEET INFORMATION

Vessel Name: Print the name of each vessel covered by this management report. A separate report is required for vessels that will use different methods of ballast management. For example: Five vessels may be listed in one report that are going to use the same type of ballast treatment system. A separate report would be required for another five vessels that intend to use ballast exchange and retaining ballast onboard as a management option.

Existing Vessel or New Build: Fill in "Existing Vessel" if this is an existing vessel currently in operation. Fill in "New Build 1," "New Build 2" etc., for vessels that are in a design or new construction phase, but not yet in operation.

IMO Number: Fill in identification number of the vessel used by the International Maritime Organization.

Type: List specific vessel type. Use the following abbreviations: bulk (bc), roro (rr), container (cs), tanker (ts), passenger (pa), oil/bulk ore (ob), general cargo (gc), reefer (rf). Write out any additional vessel types.

GT: What is the Gross Tonnage of the vessel?

Ballast Capacity: What is the maximum volume of ballast water used when no cargo is on board? Please include volume units in m3.


SECTION 3. BALLAST MANAGEMENT COMPLIANCE PLAN (2007)

a. Retaining ballast: Check yes or no to indicate if the vessel's ballast management plan considers retaining some or all ballast on board when in Washington state waters.

b. Local waters: Check yes or no to indicate if the vessel's ballast management plan includes the discharge of water that originated solely within local waters.

c. Ballast exchange: Check yes or no to indicate whether the vessel's ballast management plan will include ballast exchange.

d. If unable to exchange: Safety exemptions will no longer be an acceptable management option in Washington state waters after July 1, 2007. Vessel operators that are using ballast exchange should describe how they will manage ballast discharges into Washington state waters if unable to conduct a safe exchange at sea.

e. Ballast Treatment System: Vessel operators that intend to use a ballast treatment system as a ballast management option should complete subsections f. through l.

Note: Dates supplied within subsections h. through k. can be estimated. Additional Comments under subsection l. are optional.


FOOTER. SIGNATURE AND DATE

Signature of Responsible Party: Forms submitted by fax or mail require the signature of the responsible party. Forms submitted by e-mail do not require a signature; however, the responsible party sending the form by e-mail is certifying that all information contained is complete and accurate. If you choose to send the PDF version of the form by e-mail, a message will inform you that "you are sending a data file only, not the form;" This is the correct submittal process.

Date of Submission: Provide date on which form was submitted.


1. Owner/Operator Vessel(s) Owner Information: Responsible Party Information:
Name ____________ Name ____________________
Address ____________ Address ____________________
City, State/Province Zip ____________ City, State/Province Zip ____________________
Country ____________ Country ____________________
Telephone Number ____________ Telephone Number ____________________
E-mail ____________ E-mail ____________________
2. Fleet Information
Vessel Name Existing Vessel, or New Build IMO# Type GT Ballast Capacity
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
Notes:
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 accurate.

[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.]

Washington State Code Reviser's Office