WSR 00-14-008

PROPOSED RULES

DEPARTMENT OF

FISH AND WILDLIFE

[ Filed June 26, 2000, 11:15 a.m. ]

Original Notice.

Preproposal statement of inquiry was filed as WSR 00-10-076.

Title of Rule: Ballast water management and control -- Reporting and sampling requirements.

Purpose: To regulate the discharge of ballast water to minimize the risk of introducing new nonindigenous species.

Statutory Authority for Adoption: Section 7, chapter 107, Laws of 2000.

Statute Being Implemented: Section 7, chapter 107, Laws of 2000.

Summary: The proposed rule requires incoming vessels to report ballast water management information to the department, and allows for ballast water to be sampled and tested for monitoring compliance with requirements for open ocean exchange.

Reasons Supporting Proposal: Nonindigenous species introduced into Washington waters via ballast water from shipping vessels have the potential to cause economic and environmental damage.

Name of Agency Personnel Responsible for Drafting: Scott S. Smith, 1111 Washington Street S.E., Olympia, WA, (360) 902-2724; Implementation: Lew Atkins, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2325; and Enforcement: Bruce Bjork, 600 Capitol Way North, Olympia, WA 98501-1091, (360) 902-2373.

Name of Proponent: Washington Department of Fish and Wildlife, governmental.

Rule is not necessitated by federal law, federal or state court decision.

Explanation of Rule, its Purpose, and Anticipated Effects: The rule establishes ballast water management and monitoring guidelines for vessels entering Washington state waters, limited vessel exceptions are provided. All nonexempt vessels must provide the Department of Fish and Wildlife with ballast water management information required by the United States Coast Guard. The rule's mandatory reporting requirements apply to vessels intending to discharge ballast water into Washington waters from a voyage. Under this rule, a vessel may not discharge ballast water into state waters unless it has undergone an open ocean exchange at least fifty miles offshore, using methodologies recognized by the United States Coast Guard. An exemption is provided if, in the opinion of the vessel's master, such an exchange would threaten the safety of the vessel or its crew, or extraordinary conditions exist such as vessel design limitations or equipment failure.

To monitor for compliance with the rule, and the effectiveness of efforts to prevent the introduction of invasive species, the department is allowed to sample ballast water and sediment and examine ballast water management records.

Under the new legislation, beginning on January 1, 2002, a vessel may treat its ballast water in a manner certified by the United States Coast Guard and/or the department in lieu of an open ocean exchange. The department is directed to develop and adopt ballast sampling and testing protocols and standards for exchanged or treated ballast water discharges. The sampling allowed under this rule will be used in scientific research and development of these protocols and standards.

The purpose of the rule is to minimize the risk of introducing new nonindigenous species into state waters. Current efforts to manage introductions via ballast water under the voluntary United States Coast Guard program do not address coastal shipping, and have not proven to be adequate.

Proposal does not change existing rules.

A small business economic impact statement has been prepared under chapter 19.85 RCW.

Small Business Economic Impact Statement

1. Description of the Reporting, Record-keeping, and Other Compliance Requirements of the Proposed Rule: Ballast water management reporting to the Department of Fish and Wildlife is required of the masters of vessels entering Washington waters. Recordkeeping will be done by the department in cooperation with the marine trade associations.

2. Kinds of Professional Services That a Small Business is Likely to Need in Order to Comply with Such Requirements: None required.

3. Costs of Compliance for Businesses, Including Costs of Equipment, Supplies, Labor, and Increased Administrative Costs: The reporting required by this rule is a copy of a report already being filed with the United States Coast Guard. There should not be any increased costs.

4. Will Compliance with the Rule Cause Businesses to Lose Sales or Revenue? No.

5. Cost of Compliance for the 10% of Businesses That are the Largest Businesses Required to Comply with the Proposed Rules Using One or More of the Following as a Basis for Comparing Costs:

a. Cost per employee;

b. Cost per hour of labor; or

c. Cost per one hundred dollars of sales.

Should a vessel owner elect to file through a local marine trade association it may result in a slightly increased burden equal to approximately 1/8 FTE, or approximately $4,000 per year to that association.

6. Steps Taken by the Agency to Reduce the Costs of the Rule on Small Businesses or Reasonable Justification for Not Doing So: No steps have been taken, as the costs of compliance are very small and the marine trade associations requested that they be included as a viable alternative to filing directly.

7. A Description of How the Agency Will Involve Small Businesses in the Development of the Rule: The rule impacts the shipping vessel industry, which does not usually involve small businesses. However, the rule may encourage the development of new small businesses to be involved in independent sampling and monitoring, or in the development of ballast water treatment technologies.

8. A List of Industries That Will Be Required to Comply with the Rule: The shipping vessel industry.

A copy of the statement may be obtained by writing to Scott S. Smith, 600 Capitol Way North, Olympia, WA 98501, phone (360) 902-2724, fax (360) 902-2944.

Section 201, chapter 403, Laws of 1995, does not apply to this rule adoption. These are not hydraulic rules.

Hearing Location: Best Western Hotel, 15901 West Valley Road, Tukwila, WA 98188, on August 11-12, 2000, at 8:00 a.m.

Assistance for Persons with Disabilities: Contact Debbie Nelson by July 25, 2000, TDD (360) 902-2207, or (360) 902-2226.

Submit Written Comments to: Evan Jacoby, Rules Coordinator, 600 Capitol Way North, Olympia, WA 98501-1091, fax (360) 902-2944, by August 10, 2000.

Date of Intended Adoption: August 11, 2000.

June 26, 2000

Evan Jacoby

Rules Coordinator


NEW SECTION
WAC 220-77-090
Ballast water management and control -- Reporting and sampling requirements.

(1) At least 24 hours before a vessel subject to Chapter 108, Laws of 2000, enters Washington waters intending to discharge ballast water, or 24 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 (WDFW). This information may be submitted by filing a ballast water report pursuant to 33 CFR Ch. 1 151.1045, 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 2000.

(2) WDFW, 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) WDFW 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 inquires 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 and viable aquatic organisms, unless specifically exempted in Chapter 108, laws of 2000.

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Reviser's note: The typographical error in the above section occurred in the copy filed by the agency and appears in the Register pursuant to the requirements of RCW 34.08.040.

Washington State Code Reviser's Office