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Washington
State Ballast Water Program
Overview
The State of Washington Department of Fish & Wildlife (WDFW) is
charged with implementing the ballast water management laws under Chapter
77.120 RCW. This chapter applies to all vessels of three hundred
gross tons or more, United States and foreign, carrying, or capable
of carrying, ballast water into the waters of the state after operating
outside of the waters of the state. The owner or operator in charge
of a vessel is required to file a ballast water reporting form at least 24 hours prior to arrival into waters of the state, and to ensure that the vessel does not discharge
ballast water into the waters of the state except as authorized by this
law. Discharge of ballast water into waters of the state is authorized
only if there has been an open sea exchange, or if the vessel has treated
its ballast water, to meet standards set by the department consistent
with applicable state and federal laws. Vessel operators that fail to file a ballast water reporting form, or that discharge improperly exchanged or treated ballast water from their vessel without a valid exemption, may be subject to penalties of up to $27,500 for each day of a continuing violation.
Emergency
Ballast Water Rules
Ballast water emergency rules provide the current department requirements until new permanent ballast water rules are adopted. The emergency rules represent the minimum required to implement laws passed in 2007. They act as a bridge to new permanent rules being developed in consultation with the department’s Ballast Water Work Group. The emergency rules replace previous permanent rules WAC 220-77-090 and 220-77-095 and have been in effect since August of 2007. Changes of note include:
- New - Vessels not intending to discharge must also file a Ballast Water Reporting Form (BWRF)
- Correct and clarify - Where and how to file a BWRF
- Remove - Outdated requirement to file an Interim Ballast Water Management Report
- New - Safety exemption filing and department review protocols
- New - Safety exemption fee assessment process
- New – Civil penalty assessment process
- Revised – Interim ballast water treatment system application and approval process
Click on the link below to view or download a copy of the Emergency Rules:
- WAC 220-77 Updates: WAC 220-77-9000H Ballast water management and control—Reporting and sampling requirements; and WAC 220-77-09500F Interim ballast water discharge standard approval process
New Ballast Water Rule Making
WDFW filed a proposed rule making notice on April 1, 2009 which was published April 15 in the Washington State Register. The proposed rule represents two years of hard work by the department in consultation with their Ballast Water Work Group to implement legislation passed in 2007. The Ballast Water Work Group, is an advisory forum of stakeholders representing the shipping, tanker and cruise line industries, public ports, state agencies, tribes, and environmental interests.
The proposed rules will be considered for permanent rule adoption by the Fish & Wildlife Commission in their public rule making process. There will be a department briefing and public hearing of the rules at the Fish & Wildlife Commission’s May meeting with proposed adoption at their June meeting. More information about the Fish & Wildlife Commission the and their meeting schedule can be found on the Fish and Wildlife Commission website. Copies of the proposed rules and their accompanying Small Business Economic Impact Statement, and State Environmental Protection Act review documents can be viewed or downloaded by clicking on their links in the adjacent box.
The Fish & Wildlife Commission will first consider adopting the permanent rules at their June meeting. When adopted, the permanent rules will become effective 30 days after filing with the state Code Reviser’s Office. The department will then update this web site with the new information and provide a schedule of public meetings for education and outreach on the new rules.
WDFW
Contact Information
Questions or comments
regarding the state’s Ballast Water Management Program may be
directed to:
West Coast Ballast
Water Links
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