6329-SAMHFEPH5224.1SSB 6329H COMM AMDBy Committee on Fisheries, Ecology & ParksADOPTED 03/03/2004 Strike everything after the enacting clause and insert thefollowing:Sec. RCW 77.120.005 and 2000 c 108 s 1 are each amended toread as follows: The legislature finds that some nonindigenous species have thepotential to cause economic and environmental damage to the state andthat current efforts to stop the introduction of nonindigenous speciesfrom shipping vessels do not adequately reduce the risk of newintroductions into Washington waters. The legislature recognizes the international ramifications and therapidly changing dimensions of this issue, the lack of currentlyavailable treatment technologies, and the difficulty that any one statehas in either legally or practically managing this issue. Recognizingthe possible limits of state jurisdiction over international issues,the state declares its support for the international maritimeorganization and United States coast guard efforts, and the stateintends to complement, to the extent its powers allow it, the UnitedStates coast guard's ballast water management program.Sec. 2002 c 282 s 1 (uncodified) is amended to read as follows: (1) The director of the department of fish and wildlife mustestablish the ballast water work group. (2) The ballast water work group consists of the followingindividuals: (a) One staff person from the governor's executive policy office.This person must act as chair of the ballast water work group; (b) Two representatives from the Puget Sound steamship operators; (c) Two representatives from the Columbia river steamshipoperators; 1 (d) Three representatives from the Washington public ports, one ofwhom must be a marine engineer; (e) Two representatives from the petroleum transportation industry; (f) One representative from the Puget Sound water quality actionteam; ((and)) (g) Two representatives from the environmental community; (h) One representative of the shellfish industry; (i) One representative of the tribes; (j) One representative of maritime labor; and (k) One representative from the department of fish and wildlife. (3) The ballast water work group must study, and provide a reportto the legislature by December 15, ((2003)) 2006, the following issues: (a) All issues relating to ballast water technology, includingexchange and treatment methods ((and)), management plans, theassociated costs, and the availability of feasible and proven ballastwater treatment technologies that could be costeffectively installedon vessels that typically call on Washington ports; (b) The services needed by the industry and the state to protectthe marine environment, including penalties and enforcement; ((and)) (c) The costs associated with, and possible funding methods for,implementing the ballast water program; (d) Consistency with federal and international standards, andidentification of gaps between those standards, and the need foradditional measures, if any, to meet the goals of this chapter; (e) Describe how the costs of treatment required as of July 1,2007, will be substantially equivalent among ports where treatment isrequired; (f) Describe how the states of Washington and Oregon arecoordinating their efforts for ballast water management in the Columbiariver system; and (g) Describe how the states of Washington, Oregon, and Californiaand the province of British Columbia are coordinating their efforts forballast water management on the west coast. (4) The ballast water work group must begin operation immediatelyupon the effective date of this section. The ((department of fish andwildlife)) Puget Sound water quality action team must provide staff for 2 the ballast water work group. The staff must come from existingpersonnel within the ((department of fish and wildlife)) team. (5) The director must also monitor the activities of the task forcecreated by the state of Oregon in 2001 Or. Laws 722, concerning ballastwater management. The director shall provide the ballast water workgroup with periodic updates of the Oregon task force's efforts atdeveloping a ballast water management system. (6)(a) The ballast water work group expires June 30, ((2004)) 2007. (b) This section expires June 30, ((2004)) 2007.Sec. RCW 77.120.030 and 2002 c 282 s 2 are each amended to readas follows: The owner or operator in charge of any vessel covered by thischapter is required to ensure that the vessel under their ownership orcontrol does not discharge ballast water into the waters of the stateexcept as authorized by this section. (1) Discharge into waters of the state is authorized if the vesselhas conducted an open sea exchange of ballast water. A vessel isexempt from this requirement if the vessel's master reasonablydetermines that such a ballast water exchange operation will threatenthe safety of the vessel or the vessel's crew, or is not feasible dueto vessel design limitations or equipment failure. If a vessel relieson this exemption, then it may discharge ballast water into waters ofthe state, subject to any requirements of treatment under subsection(2) of this section and subject to RCW 77.120.040. (2) After July 1, ((2004)) 2007, discharge of ballast water intowaters of the state is authorized only if there has been an open seaexchange or if the vessel has treated its ballast water to meetstandards set by the department consistent with applicable state andfederal laws. When weather or extraordinary circumstances make accessto treatment unsafe to the vessel or crew, the master of a vessel maydelay compliance with any treatment required under this subsectionuntil it is safe to complete the treatment. (3) Masters, owners, operators, or personsincharge shall submitto the department an interim ballast water management report by July 1,2006, in the form and manner prescribed by the department. The reportshall describe actions needed to implement the ballast water 3 requirements in subsection (2) of this section, including treatmentmethods applicable to the class of the vessel. Reports may include astatement that there are no treatment methods applicable to the vesselfor which the report is being submitted. (4) The ballast water work group created in section 1, chapter 282,Laws of 2002 shall develop recommendations for the interim ballastwater management report. The recommendations must include, but are notlimited to: (a) Actions that the vessel owner or operator will take toimplement the ballast water requirements in subsection (2) of thissection, including treatment methods applicable to the class of thevessel; (b) Necessary plan elements when there are not treatment methodsapplicable to the vessel for which the report is being submitted, orwhich would meet the requirements of this chapter; and (c) The method, form, and content of reporting to be used for suchreports. (5) For treatment technologies requiring shipyard modification thatcannot reasonably be performed prior to July 1, 2007, the departmentshall provide the vessel owner or operator with an extension to thefirst scheduled drydock or shipyard period following July 1, 2007. (6) The department shall make every effort to align ballast waterstandards with adopted international and federal standards whileensuring that the goals of this chapter are met. (7) The requirements of this section do not apply to a vesseldischarging ballast water or sediments that originated solely withinthe waters of Washington state, the Columbia river system, or theinternal waters of British Columbia south of latitude fifty degreesnorth, including the waters of the Straits of Georgia and Juan de Fuca. (((4))) (8) Open sea exchange is an exchange that occurs fifty ormore nautical miles offshore. If the United States coast guardrequires a vessel to conduct an exchange further offshore, then thatdistance is the required distance for purposes of compliance with thischapter. Correct the title.Adds representatives from the shellfish industry, tribes, 4 and maritime labor to the ballast water work group. Requires theballast water work group to study and report on the availability offeasible and proven ballast water treatment technologies, consistencywith federal and international standards, and coordination with Pacificcoast states and British Columbia. Requires vessel owners or operatorsto submit an interim ballast water management report to the Departmentof Fish and Wildlife by July 1, 2006, describing implementationactions. Directs the ballast water work group to developrecommendations for the interim ballast water management report.Allows an extension for vessel owners requiring treatment technologiesneeding shipyard modifications to the first scheduled drydock orshipyard period following July 1, 2007.--- END --- 5