Hawaii Administrative Rules › Title 13 - DEPARTMENT OF LAND AND NATURAL RESOURCES › Subtitle 4 - FISHERIES › Part IV - FISHERIES RESOURCE MANAGEMENT › Chapter 76 - NON-INDIGENOUS AQUATIC SPECIES › Subchapter 2 - BALLAST WATER MANAGEMENT › Section 13-76-12 - Definitions

Current through June, 2024
As used in this subchapter, unless otherwise
						provided:
"Aquatic invasive species" means a non-indigenous
						aquatic species, which, if introduced into an ecosystem, may cause harm to
						Hawaii's economy, environment, human health, or public safety and
						welfare.
"Ballast operations" means the transfer, uptake, and/or
						discharge of ballast water.
"Ballast tank" means any tank, hold, or part of a vessel
						used to carry ballast water, whether or not the tank or hold was designed for
						that purpose.
"Ballast water" means any water, associated sediments,
						and suspended matter taken on board a vessel to manipulate, control, or
						maintain trim, draft, stability, or stresses of the vessel, without regard to
						the manner in which it is carried.
"BWM" means ballast water management as required by
						federal law 33 CFR Part 151 Subpart D, Mandatory Ballast Water Management
						Program for U.S. Waters, dated July 28, 2004.
"Coastwise trade" includes the transportation of
						passengers or merchandise between points embraced within the coastwise laws of
						the United States.
"Discharge" means to drain or remove part or all of the
						ballast water off the vessel.
"EEZ" means the United States exclusive economic zone
						established by Presidential Proclamation No. 5030, dated March 10, 1983, which
						extends from the baseline of the territorial sea of the United States seaward
						200 nautical miles, substantially as defined in federal law
						33 CFR
						151.2025, dated July 1, 2005.
"Empty/refill exchange" means to pump the ballast tank
						or tanks out, until empty or as close to empty as the master determines is safe
						to do so, then refilling the tank with mid-ocean waters.
"Exchange" means to replace water in ballast tanks by
						using flow through exchange, empty/refill exchange, or other exchange
						methodology recommended or required by the United States Coast Guard.
"Flow through exchange" means to flush out ballast tanks
						by pumping in mid-ocean water at the bottom of the tank and continuously
						overflowing the tank from the top until three full volumes of the ballast water
						tank capacity have been changed.
"MHI EEZ" means the main Hawaiian islands exclusive
						economic zone identified as those waters of the EEZ surrounding the main
						Hawaiian islands east of 161° West longitude.
"Mid-ocean waters" means waters at least 200 nautical
						miles from any coast.
"Permanent ballast" means a weight or heavy material
						added to a vessel to enhance the vessel's stability that is always left on the
						vessel and not normally removed either between or during voyages.
"Transfer" means the on-board movement of ballast water
						from one part of the vessel to another.
"Qualifying vessels" means all vessels, United States or
						foreign flagged, carrying ballast water into state marine waters after
						operating outside the EEZ.
"Sediments" means any material that settles out of
						ballast water within a vessel.
"Uptake" means to fill part or all of the vessel's
						ballast tanks with water from outside the vessel.
"Vessel in innocent passage" means a ship engaged in
						continuous and expeditious surface passage through the territorial sea and
						archipelagic waters of foreign coastal states in a manner not prejudicial to
						its peace, good order, or security. Passage includes stopping and anchoring,
						but only if incidental to ordinary navigation or necessary by rough weather or
						distress, or for the purpose of rendering assistance to persons, ships, or
						aircraft in danger or distress.
"Voyage" means any transit by a vessel that originates
						from a port or place outside of the EEZ surrounding the State of Hawaii and
						destined for a port or place in Hawaii.