ALTERNATIVE BALLAST WATER EXCHANGE AREAS Workshop on Physical and Biological Oceanographic Considerations June 20-22, 20

1. ALTERNATIVE BALLAST WATER EXCHANGE AREASWorkshop on Physical and Biological Oceanographic ConsiderationsJune 20-22, 2006; Seattle, WA Concepts Federal and International Regulation and Policy

2. U. S. Federal Law and Regulations National Aquatic Nuisance Prevention and Control Act, 1990 1993 Great Lakes Mandatory BWM 1994 Hudson River Mandatory BWM 33 CFR 151 Subpart C National Invasive Species Act, 1996 1998 National Voluntary Program 2001 Report to Congress: Voluntary program inadequate 2004 Penalties and National Mandatory Program 33 CFR 151 Subpart D Ships entering U.S. waters from outside the 200 nm exclusive economic Zone required to exchange ballast water at least 200 nm from any shore.

3. NANPCA - NISA SEC. 1101. AQUATIC NUISANCE SPECIES IN THE WATERS OF THE UNITED STATES. (b) Regulations.‑‑ (1) In general.--Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Task Force, shall issue regulations to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through the ballast water of vessels. (2) Content of regulations.--The regulations issued under this subsection shall‑‑ (A) apply to all vessels equipped with ballast water tanks that enter a United States port on the Great Lakes after operating on the waters beyond the exclusive economic zone; (B) require a vessel to‑‑ • carry out exchange of ballast water on the waters beyond the exclusive economic zone prior to entry into any port within the Great Lakes; (ii) carry out an exchange of ballast water in other waters where the exchange does not pose a threat of infestation or spread of aquatic nuisance species in the Great Lakes and other waters of the United States, as recommended by the Task Force under section 1102(a)(1);

4. Ballast Water Management Act(S.363) (e) BALLAST WATER EXCHANGE REQUIREMENTS. (C) EXCHANGE IN DESIGNATED AREA • IN GENERAL.—If the operator of a vessel is unable to conduct ballast water exchange in accordance with subparagraph (B), the operator of the vessel may conduct ballast water exchange in an area that does not meet the distance and depth criteria of subparagraph (B) in such areas as may be designated by the Administrator of the National Oceanic and Atmospheric Administration, determined in consultation with the Secretary and the Administrator of the Environmental Protection Agency, for that purpose. (ii) CHARTING.—The Administrator of the National Oceanic and Atmospheric Administration, in consultation with the Secretary, shall designate such areas on nautical charts. (iii) LIMITATION.—The Administrator may not designate an area under clause (i) if a ballast water exchange in that area could have an adverse impact, as determined by the Secretary in consultation with the Administrator of the Environmental Protection Agency.

5. International MaritimeOrganizationInternational Convention for theControland Management of Ships’ Ballast Waterand Sediments, 2004 • Regulation B-4 • Ballast Water Exchange (BWE) • A ship conducting BWE to meet the standard in Regulation D-1 shall: • .1 whenever possible, conduct BWE at least 200 nautical miles (nm) from the nearest land and in water at least 200 meters deep; • .2 in cases where .1 not possible, at least 50 nm from nearest land and 200 meters deep. • 2. In sea areas where the distance from the nearest land or the depth does not meet the parameters in paragraph 1, the port State may designate areas, in consultation with adjacent or other states, as appropriate, where a ship may conduct BWE.

6. Many determinations necessary Issues include at least the following areas: • Biological • Logistical • Regulatory

7. Biological • Potential for adverse effects on receiving communities • Discharge into areas: • Foreign BW discharged into ABWEAs • ABWEA water discharged into ports • Dispersal and transport: • in-shore • adjacent areas • Other jurisdictions • Sanctuaries • Reserves • National Monuments • Important biodiversity and fishery areas

8. Logistical • Vessel traffic management • Crowding • Diversions and delays • Practicability • Location in relation to existing routes • Size in relation to distance/time required to conduct BWE • Predictability • Seasonal? • Interannual? • Limits on intensity of use? • Frequency and magnitude of discharges

9. Regulatory • Cost • Establish the Regulation • Public • Life-time • BWE “expected” to be phased out (decade?) Cost issues Regulatory schedule • Enforceability • Safety • Independent parameters for compliance?