9.1 INTERNATIONAL BALLAST WATER REGULATION

In recognising the importance of addressing exotic organism transfer via shipping, a number of countries and ports have implemented unilateral mandatory ballast exchange measures.

9.1.1 Israel

In March 1996, the Ministry of Transport, Israel issued a notice to mariners advising that:

All ships destined for Israeli ports must exchange any ballast-water that has not been taken on in open ocean⁴⁰⁰

Vessels failing to comply are not permitted to discharge ballast water in Israeli ports or while navigating along the coast of Israel. Vessels are requested to provide, via the ship's agent, a completed ballast water exchange report⁴⁰¹and the ballast of ships suspected of carrying contaminated ballast is sampled.

9.1.2 Great Lakes (U.S.A. and Canada)

The Great Lakes in the U.S.A. and Canada have federally mandated restrictions on the discharge of ballast water. In March 1991, the U.S. Coast Guard, in consultation with the Canadian Government issued voluntary guidelines intended to prevent exotic species introductions. These guidelines became mandatory in May 1993 and require that all vessels entering the Great Lakes must have exchanged their ballast water if they intend to discharge ballast⁴⁰² Ships intending to visit ports on the Hudson River above the George Washington Bridge, New York, are also subject to the same regulations⁴⁰³

9.1.3 Port of Vancouver - Canada

Since March 1997, all vessels destined to arrive at the Port of Vancouver have been required to exchange their ballast water prior to entering Canadian waters⁴⁰⁴ Ships' log books are checked and vessels must provide details which include:

· where ballast was exchanged;
· place where ballast was originally taken up;
· amount of ballast on-board;
· tanks which have had water exchanged; and
· other information if ballast has not been exchanged.

If the above information is not supplied, the vessel is forbidden to discharge ballast and samples of ballast water are taken and analysed. The testing protocol consists of a salinity test and a microscopic examination⁴⁰⁵ If the water does not meet the port's test standards the ship is required to leave the port to exchange ballast⁴⁰⁶ Ships are advised to move to a pilot station 80 nautical miles away from the port. All charges incurred for the movement and delay to the vessel are for the vessel's account⁴⁰⁷

The Port considers that weather stresses, or stability or hull stress concerns are a defence against not exchanging ballast at sea. The Committee notes, however, that since the introduction of the program, no ships have claimed that they were unable to exchange ballast for safety considerations⁴⁰⁸ The Port does, however, expect that some difficulties may be experienced by vessels during winter⁴⁰⁹

The Port of Vancouver advised the Committee that the Port has experienced no resistance from vessels to the compulsory ballast exchange program. The Port believes that no resistance has been encountered because vessels are provided with suitable information explaining why and how ballast water is to be exchanged⁴¹⁰

9.1.4 Chile

In 1995, Chile adopted its Order for Preventative Measures to Avoid Transmission of Harmful Organisms and Epidemics by Ballast Water⁴¹¹ The Order requires that any ship coming from abroad is required to exchange its ballast at a distance of not less than 12 nautical miles form the coast⁴¹²