33 C.F.R. Subpart C—Ballast Water Management for Control of Nonindigenous Species in the Great Lakes and Hudson River
Title 33 - Navigation and Navigable Waters
Authority: 16 U.S.C. 4711; Department of Homeland Security Delegation No. 0170.1.
Source: CGD 91–066, 58 FR 18334, Apr. 8, 1993, unless otherwise noted.
The purpose of this subpart is to implement the provisions of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.). This subpart applies to each vessel that carries ballast water and that after operating on the waters beyond the Exclusive Economic Zone during any part of its voyage enters the Snell Lock at Massena, New York, or navigates north of the George Washington Bridge on the Hudson River, regardless of other port calls in the United States or Canada during that voyage. [CGD 94–003, 59 FR 67634, Dec. 30, 1994] The following terms are defined as used in this subpart. Ballast water means any water and suspended matter taken on board a vessel to control or maintain, trim, draught, stability, or stresses of the vessel, regardless of how it is carried. Ballast tank means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose. Captain of the Port (COTP) means the Coast Guard officer designated as COTP of either the Buffalo, NY, Marine Inspection Zone and Captain of the Port Zone or the New York, NY, Captain of the Port Zone described in part 3 of this chapter or an official designated by the COTP. Commandant means the Commandant of the Coast Guard or an authorized representative. Exclusive Economic Zone (EEZ) means the area established by Presidential Proclamation Number 5030, dated March 10, 1983, (48 FR 10605, 3 CFR, 1983 Comp., p. 22), which extends from the base line of the territorial sea of the United States seaward 200 miles, and the equivalent zone of Canada. Environmentally sound method means methods, efforts, actions, or programs, either to prevent introductions or to control infestations of aquatic nuisance species, that minimize adverse impacts to the structure and function of an ecosystem, minimize adverse effects on non-target organisms and ecosystems, and that emphasize integrated pest management techniques and non-chemical measures. Great Lakes means Lake Ontario, Lake Erie, Lake Huron (including Lake Saint Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels. Port means a terminal or group of terminals or any place or facility that has been designated as a port by the COTP. Sediments means any matter settled out of ballast water within a vessel. Voyage means any transit by a vessel destined for the Great Lakes or the Hudson River, north of the George Washington Bridge, from a port or place outside of the EEZ, including intermediate stops at a port or place within the EEZ. [CGD 91–066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94–003, 59 FR 67634, Dec. 30, 1994; USCG–1998–3423, 64 FR 26682, May 17, 1999] No vessel subject to the requirements of this subpart may be operated in the Great Lakes or the Hudson River, north of the George Washington Bridge, unless the master of the vessel has certified, in accordance with §151.1516, that the requirements of this subpart have been met. [CGD 94–003, 59 FR 67634, Dec. 30, 1994] A COTP may request the District Director of Customs to withhold or revoke the clearance required by 46 U.S.C. app. 91 for a vessel subject to this subpart, the owner or operator of which is not in compliance with the requirements of this subpart. (a) The master of each vessel subject to this subpart shall employ one of the following ballast water management practices: (1) Carry out an exchange of ballast water on the waters beyond the EEZ, from an area more than 200 nautical miles from any shore, and in waters more than 2,000 meters (6,560 feet, 1,093 fathoms) deep, prior to entry into the Snell Lock, at Massena, New York, or prior to navigating on the Hudson River, north of the George Washington Bridge, such that, at the conclusion of the exchange, any tank from which ballast water will be discharged contains water with a minimum salinity level of 30 parts per thousand. (2) Retain the vessel's ballast water on board the vessel. If this method of ballast water management is employed, the COTP may seal any tank or hold containing ballast water on board the vessel for the duration of the voyage within the waters of the Great Lakes or the Hudson River, north of the George Washington Bridge. (3) Use an alternative environmentally sound method of ballast water management that has been submitted to, and approved by, the Commandant prior to the vessel's voyage. Requests for approval of alternative ballast water management methods must be submitted to the Commandant (G-M), U.S. Coast Guard Headquarters, 2100 Second Street SW., Washington, DC 20593–0001. (b) No master of a vessel subject to this subpart shall separately discharge sediment from tanks or holds containing ballast water unless it is disposed of ashore in accordance with local requirements. (c) Nothing in this subpart authorizes the discharge of oil or noxious liquid substances (NLSs) in a manner prohibited by United States or international laws or regulations. Ballast water carried in any tank containing a residue of oil, NLSs, or any other pollutant must be discharged in accordance with the applicable regulations. Nothing in this subpart affects or supersedes any requirement or prohibitions pertaining to the discharge of ballast water into the waters of the United States under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). [CGD 91–066, 58 FR 18334, Apr. 8, 1993, as amended by CGD 94–003, 59 FR 67634, Dec. 30, 1994; USCG–1998–3423, 66 FR 58390, Nov. 21, 2001] Nothing in this subpart relieves the master of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers, or any other responsibility. The master of any vessel subject to this subpart who, due to weather, equipment failure, or other extraordinary conditions, is unable to effect a ballast water exchange before entering the EEZ, must employ another method of ballast water management listed in §151.1510, or request from the COTP permission to exchange the vessel's ballast water within an area agreed to by the COTP at the time of the request and must discharge the vessel's ballast water within that designated area. (a) The master of each vessel equipped with ballast tanks shall provide, as detailed in §151.2040, the following information, in written form, to the COTP: (1) The vessel's name, port of registry, and official number or call sign. (2) The name of the vessel's owner(s). (3) Whether ballast water is being carried. (4) The original location and salinity, if known, of ballast water taken on, before an exchange. (5) The location, date, and time of any ballast water exchange. (6) The salinity of any ballast water to be discharged into the territorial waters of the United States. (7) The intended discharge port for ballast water and location for disposal of sediment carried upon entry into the territorial waters of the United States, if ballast water or sediment are to be discharged. (8) The signature of the master attesting to the accuracy of the information provided and certifying compliance with the requirements of this subpart. (b) The COTP may take samples of ballast water to assess the compliance with, and the effectiveness of, this subpart. [CGD 91–066, 58 FR 18334, Apr. 8, 1993, as amended by USCG–1998–3423, 66 FR 58391, Nov. 21, 2001; USCG–2002–13147, 69 FR 32869, June 14, 2004] (a) A person who violates this subpart is liable for a civil penalty in an amount not to exceed $27,500. Each day of a continuing violation constitutes a separate violation. A vessel operated in violation of the regulations is liable in rem for any civil penalty assessed under this subpart for that violation. (b) A person who knowingly violates the regulations of this subpart is guilty of a class C felony. [USCG–2002–13147, 69 FR 32869, June 14, 2004]
Title 33: Navigation and Navigable Waters
PART 151—VESSELS CARRYING OIL, NOXIOUS LIQUID SUBSTANCES, GARBAGE, MUNICIPAL OR COMMERCIAL WASTE, AND BALLAST WATER
Subpart C—Ballast Water Management for Control of Nonindigenous Species in the Great Lakes and Hudson River
§ 151.1500 Purpose.
§ 151.1502 Applicability.
§ 151.1504 Definitions.
§ 151.1506 Restriction of operation.
§ 151.1508 Revocation of clearance.
§ 151.1510 Ballast water management.
§ 151.1512 Vessel safety.
§ 151.1514 Ballast water management alternatives under extraordinary conditions.
§ 151.1516 Compliance monitoring.
§ 151.1518 Penalties for failure to conduct ballast water management.
