CQD Journal for the Maritime Environment Industry
Volume 8, No. 2 - April 2002, Copyright 2002 Miller Associates, Inc.

Contents:

• Ballast Water - NISA Re-Authorization in the U.S.

• International - IMO Debates BW Standards

Upcoming Symposia

11th International Marine Corrosion & Biofouling Congress - July 21-26, San Diego, CA.

Sponsored by the US Navy, USCG & NOAA, this congress meets biennially to discuss updates and new technology on ship fouling.  There will be a special session on Shipfouling and Biological Invasions to outline what will be a topic of prime concern to ship owners - invaders on ship's hulls.

US Maritime Security Conference - Sept. 18-19, NY, NY.  A maritime security event covering the protection of ports, harbors, bridges, and more.

ENSUS 2002 - December, 2002 - Newcastle upon Tyne, UK

Important IMO Meetings

May 15-24 - Maritime Safety Committee 

October 2002 - Marine Environment Protection Committee - 48th Session

Dec. 2002 - Conference on Maritime Security

Ballast Water Legislation- U.S.

Six years ago, the National Invasive Species Act (NISA) established ballast water management guidelines for ships transiting U.S. ports.  Mandatory rules were adopted for those entering the Great Lakes, guidelines were firmly established for the rest of the country.  In the 2002 Congress, NISA '96 is up for re-authorization and a number of key issues are at stake.  Voluntary guidelines are expected to become mandatory.  What new rules or modifications will come to pass?  Will ballast water remain the primary target?

The New- NISA

Last March 1st, CQD Journal was present at the Aquatic Nuisance Species Task Force meeting in Alexandria, VA.  Allegra Cangelosi of the Northeast Midwest Institute outlined ideas the Institute has gathered from nation-wide workshops aimed towards re-authorizing NISA.

According to Cangelosi, interest in new aquatic invasive species legislation is much higher than in the past.  State governments are restless for a mandatory national plan, while the maritime industry is nervous as to what will emerge in any new bill.  Cangelosi is hoping for a bipartisan, mainstream bill that meets the needs of all players without a lot of controversy.  A proposed title for the bill will be the National Aquatic Invasive Species Act of 2002.

New legislation directed at aquatic invasive species will require a change in focus.  In addition to dealing with invasions in ballast water, any new legislation must also address other ways that hazardous aquatic species invade local ecosystems.  Shippers will have to be aware of hitchhiking organisms riding on ship hulls or other surfaces in addition to those in ballast water. 

The new-NISA proposal, says Cangelosi, improves on past legislation by concentrating on prevention, early detection, containment, control and mitigation as well as coordination among all parties.  It requires mandatory reporting of all ballast water operations. 

A means to generate funds in support of the many programs is being investigated.  Based on present discussions, it is likely that new fees imposed on ships will be a significant part of the package suggested to raise revenues.

Some of the proposed mandatory requirements for all ships include:

• Develop and record management plans for all hazardous aquatic organisms.
• Construction requirements for new shipbuilding incorporating BW management.
• Participate in Regional Rapid Response Efforts.

There are a number of legislative distinctions built into the new-NISA proposal.  Cangelosi explained the proposal suggests new rules for coastal voyages that may be slightly relaxed as compared with trans-oceanic voyages.  For instance, ship movements designated as within "homogenous seas" may be exempt from invasive species and ballast water management.  Even so, they will not be exempt from paying fees to support the overall aquatic invasive species program.  Also, the homogenous zone provision may expire after a certain date, meaning coastal ships will lose their exempt status.

The burden of invasive species management is expected to fall where risks are highest, trans-oceanic voyages.  The new-NISA is likely to keep existing mandatory provisions of NISA '96 and expand regulations where needed.

Discussions among scientists and other shipping experts identify a dire need for standards to measure the performance of ballast water treatment (See CQD Journal Vol 8.1, Jan. 2002).  Suggestions for the new-NISA are to establish a preliminary standard for BW treatment technology immediately, with a review every three years.  Provisions are planned to ensure a final standard is eventually agreed upon.

Determining the preliminary kill rate or performance standard will likely be a major topic of debate.  One standard under evaluation is a kill or removal rate of 95% of the highest concentration of zooplankton, phytoplankton and bacteria (measured at discharge).

Another pressing need, identified by many shippers, is for additional approved BW treatment technologies to replace open ocean exchange.  The new-NISA proposes early compliance incentives to promote BW technologies.  The USCG will be asked to approve a limited number of ballast water treatment technologies for use aboard ships.  Those owners who receive approval will be guaranteed to use their technologies for a minimum time frame of 5-10 yrs.  This is intended to remove the fear that ship owners have in adopting expensive improvements only to have them rendered obsolete by regulatory changes a short time later.

As of early April the lead sponsors, Congressman Wayne Gilchrest (R-MD) of the House and Senator Carl Levin (D-MI), were lining up co-sponsors.

Copies of Ms. Cangelosi's presentation are available by emailing us at: emma97@bellatlantic.net or contacting the NE-MW Institute directly at: www.nemw.org .    The Institute provides updates regarding the progress of the proposed Aquatic Invasive Species Legislation.

IMO -  Working on Ballast Water Regs

On the global side, the International Maritime Organizations' Marine Environmental Protection Committee (MEPC) met last March 4-8 in London.  Ongoing efforts to establish global unilateral regulations for invasive species progressed in meetings of the Ballast Water Working Group.

While proposed legislation in the U.S. intends to deal with all aquatic invasive species, IMO's Working Group is concentrating entirely upon invasive species in ballast water.  Ballast water exchange at sea is still the primary means of controlling invasive species, and IMO is focusing efforts towards perfecting this technique.

Parameters for ballast water exchange at sea were debated, particularly developing ballast water management plans to guide the ship's Master in non-ideal sea-state conditions.  Discussions also centered around producing suggestions to incorporate ballast water management in ship designs.

Of course, the hottest debated topic was developing standards to measure the performance of ballast water treatment technologies.  While some members continue to insist on 100% removal or inactivation of unwanted organisms, many delegates are coming to terms with realistic expectations.  According to an IMO press release, " a large proportion of the Group was of the opinion that a 95% reduction would achieve a worthwhile reduction of risk and would be a practicable and achievable solution in the medium term."

A definitive conclusion was not reached by the Working Group.  The MEPC meets again in October, 2002.  In the interim, experts for IMO will examine the viability of different performance standards and will make recommendations to the Working Group when it meets again in October.

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This page last updated by Miller Associates: Thursday, June 05, 2003