CAMM Views 06-08: Washington State to Prohibit De-ballasting for Safety

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06-08

Wash. State Ballast Water Program
Prohibit De-ballasting for Safety

Opposed

On 02/15/06, The Washington Department of Fish and Wildlife issued a Notice regarding the States Ballast Water Program. Under state law, the discharge of improperly exchanged or treated ballast water into state waters will be prohibited as of July 1, 2007. The safety exception will be eliminated.

For the past several years, masters operating in US waters have dutifully participated in the (once) voluntary (and now mandatory) ballast exchange program requirements which involve copious record keeping, time consuming ballast exchanges at sea and strict report filing. These measures were codified in resolution A.868 (20) by the International Maritime Organization and World Health Organization as appropriate to risk minimization of the spreads of ballast water as a medium for invasive species and pathogens.

Safety has been of paramount concern in these guidelines such that the underlying premise for all these measures shall not impair a vessels safety. At the determination of the master, a vessel (as she is so designed) must be permitted to ballast or de-ballast should the safety of the crew, cargo or ship be at undue risk.

Per Article 11.3 of IMO Guidelines:

In all cases, a port state authority (Washington state in this case) should consider the overall effect of ballast water and sediment discharge procedures on the safety of ships and those on board. Guidelines will be ineffective if compliance is dependent upon the acceptance of operational measures that put a ship or its crew at risk. Port States should not require any action of the master which imperils the lives of seafarers or the safety of the ship.

It would be safe to assume moreover that this monumental shift of policy by Washington state will not of course reduce the masters responsibilities. Rather, the effect will be to simply build another trap door for the Captain to fall into should events go amiss by way of steep fines and the criminalization route.

Yet once again, the modern shipmaster will be faced with a dilemma imposed entirely by a Port State legislative action. In Washington state, this problem will be:

De-ballast for safety and break the local law, or
Inform the owners and incur great expense due to delays.

The delays and expense possibilities are huge. Options would include efforts at reconfiguring cargo, treating onboard ballast water or paying large sums to Washington State approved vendors to discharge ballast ashore.

It is time for a reality check.

Article 11.4 of IMO Guidelines:

It is essential that ballast water and sediment management procedures be effective as well as environmentally safe, practicable, designed to minimize costs and delays to the ship, and based upon these Guidelines whenever possible.

Unfortunately this legislative boondoggle will only reduce safety in Washington State waters and increase the likelihood of large vessels to berth and navigate in potentially dangerous conditions of in-stability and extraordinary hull stresses. If masters and ship-owners do not voice their opposition now, expect other states to follow Washingtons miss-lead only increasing the possibility for disaster.

CAMM calls upon leaders in Washington State to consult with organizations such as CAMM, IFSMA, the IMO and other bodies of professional mariners to work in collaboration when contemplating legislation to preserve our nations environmental maritime treasures in a prudent, practical and beneficial manner for all parties.

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