Washington Administrative Code › Title 220 - Fish and Wildlife, Department of › ENVIRONMENTAL STANDARDS AND CONSERVATION › Chapter 220-650 - Ballast water › Section 220-650-030 - Reporting forms, waivers, safety exemptions, and record-keeping

Current through Register Vol. 24-14, July 15, 2024
(1)
Purpose.
These rules apply to all vessels subject to ballast water
				management provisions under chapter 77.120 RCW. The intent of the state's
				ballast water management program is to minimize the risk of introducing
				nonindigenous species from ballast water and ballast tank sediment into
				Washington state waters. Reporting and recordkeeping are designed to assess a
				vessel owner or operator's compliance with, and monitor the effectiveness of,
				these regulations as defined in
				RCW
				77.120.030, 77.120.-040, 77.120.070, and
				77.120.100. Nothing in this section negates the need to comply with any other
				state or federal regulations.
(2)
Ballast water reporting form requirements.
(a) In general. Vessel owners or operators
				shall file ballast water management information using a Ballast Water Reporting
				Form (reporting form) that is acceptable to the USCG and prior to entering
				waters of the state whether or not they intend to discharge ballast water.
				Refer to WAC
				220-650-070
				for interim exchange, WAC
				220-650-080
				for interim exchange alternative, and WAC
				220-650-090
				for discharge performance standard requirements. Once within waters of the
				state, vessel owners or operators shall file reporting forms for voyages
				between state ports. This is necessary for timely enforcement of regulations
				and to allow risk analysis by port. Vessel owners or operators who do not
				regularly discharge ballast water may apply for a reporting form waiver as
				directed in subsection (3) of this section.
Reporting forms will be used by the department to identify
				  both random and high risk vessels for inspection and to monitor overall
				  compliance, quantities, distribution, voyage patterns and other information
				  associated with potential vessel-related introductions of nonindigenous
				  species.
(b) Prior to
				entering waters of the state. At least twenty-four hours prior to entering
				waters of the state, vessel owners or operators must file a reporting form with
				the department. If filing twenty-four hours prior is not possible due to voyage
				distance or change in destination, vessel owners or operators must file at the
				time of first known or predictable Washington port visit. A vessel owner or
				operator filing a reporting form for a Columbia River visit and stating its
				destination as a state of Oregon port must file a new reporting form if its
				itinerary changes to a Washington port or for a subsequent voyage from an
				Oregon port to a Washington port. The reporting form should be completed
				according to the following instructions:
(i)
				The reporting form should only have information related to discharges expected
				into Washington state waters.
(ii)
				If submitting a USCG reporting form, it must be completed per USCG regulation
				under Title 33 C.F.R., Part 151.2041, for each port visit.
(iii) If submitting an IMO reporting form, it
				must be completed per USCG regulation under Title 33 C.F.R., Part 151.2045(11),
				and additional information must be included, showing the total number of tanks
				being discharged.
(c)
				Within waters of the state. After meeting the requirements of (b) of this
				subsection, a new reporting form must be filed by the vessel owner or operator
				for each subsequent port, if any, in waters of the state. Vessel owners or
				operators must file a new reporting form at least twenty-four hours prior to
				arrival at the next Washington port or at the time of first known or
				predictable port visit if filing twenty-four hours prior is not possible due to
				voyage distance or change in destination. A new reporting form does not need to
				be filed where:
(i) A vessel moves multiple
				times between an anchorage and the same port for which the discharge is
				accurately attributed on the reporting form; or
(ii) The ballast water or sediment to be
				discharged was taken up at the same port from where it originated within a
				single port visit and did not mix with ballast water or sediment from areas
				other than open sea waters.
(d) Amended reporting forms. Vessel owners or
				operators shall file an amended reporting form where there are information
				errors or where the results of actual operations are different from the
				information contained in their last filed reporting form under (b) or (c) of
				this subsection. An amended reporting form shall be filed at the time of first
				known or predictable change of destination, and immediately upon the completion
				of discharge operations resulting in changes to actual volume of ballast water
				discharged.
(e) Submission.
				Reporting forms must be submitted in a standard electronic format to the
				department by email at ballastwater@dfw.wa.gov or, if email is not possible, by
				fax to 360-902-2943. Reporting forms that cannot be opened electronically or
				are illegible may not be considered as received in a timely manner and requires
				filing a new reporting form. Vessel owners or operators who rely on a third
				party to collect and forward ballast water reporting forms are responsible for
				ensuring that the department receives the ballast water management information
				as required in this subsection.