Health Authorities in all Brazilian ports required on a standard message issued by the Master, when and where the vessel loaded ballast water and the quantity. This information is to be presented at least 72 hours prior to arrival to obtain "Free Pratique" and to avoid anchoring for inspection.
Ballast Water Management Regulations
"Please also see changes to these regulations below"
On 15 October 2005, the Brazilian NORMAM 20 regulations entered into force, which require all vessels to carry out ballast water exchange prior to entering into a Brazilian port or terminal. The regulations require vessels to exchange water ballast by using either the sequential method, flow through method or dilution method.
The exchange must takes place in an area no less than 200 nautical miles from the coast and with a water depth of at least 200 metres. However, if this is not possible, it will be accepted that the exchange takes place not less than 50 nautical miles from land at a water depth of at least 200 metres.
If the vessel uses the flow through method or the dilution method, it must re-circulate minimum 3 times the volume of the tank.
A vessel will not be required to deviate from its voyage or delay the voyage in order to conduct a ballast water exchange. A ship may be exempted if the Master considers that the exchange may impair the ship’s safety and stability or the safety of the crew and passengers because of adverse weather conditions, excessive stress to the hull, failure of any essential equipment, or any other extraordinary circumstances.
Ships entering the Amazon River from international voyages or from hydrographical regions are also required to undertake two water ballast exchanges. The first is to be as detailed above; the second to reduce the salinity of the water ballast between the isobath (depth) of 20 metres and Macapá. Where the ballast volume is less than 5,000 cubic metres, the limit will be the Jari river. In this second exchange it will be necessary only to pump the tank once.
Ships entering the Para River from international voyages or from other hydrographical regions are also required to undertake two water ballast exchanges. The first is to be as detailed above and the second must be between 70 nautical miles from Salinópolis and the Light of Ponta do Chapéu Virado (Ilha do Mosqueiro).
Failure to employ at least one of the ballast water management practices outlined above will result in a penalty, unless the vessel is exempted due to safety or voyages constraints or specifically exempted from the regulation.
Ballast Water Management Plan (BWMP)
From 30 December 2006 ships will be required to have on board a ballast water management plan.
For vessels from a flag state that has ratified the Ballast Water Management Convention - the plan must be approved by the administration of that country
if the flag state has not ratified the convention by the Class with a “Letter of Compliance” from Class.
Ballast Water Reporting
The ship’s Master or agent must send a ballast water report form (NORMAM 20 Annex B) to the Harbour Master or his agent 24 hours prior to arrival in port. A copy of this report is to be retained on board for possible presentation to any other authorities.
Offshore support vessels;
Ships with sealed ballast tanks (permanent water ballast);
Ships that according to the design, cannot exchange water ballast.
CHANGES IN THE STANDARD OF MARITIME AUTHORITY FOR BALLAST WATER MANAGEMENT OF SHIPS - NORMAN-20 dated 26 November 2008.
- In section 2.2.1, including f)
f) Vessels that operate only Brazilians in Brazilian waters shall have a Management Plan Ballast Water written in Portuguese. If these vessels also start operating in sea navigation, the Plan must follow the provisions of the preceding paragraph;
- In section 2.3.3
- Replace in a), "any" for "any"
- Include point k)
k) Where it is not possible, due to the loss of the ship, meet the provisions of a) and b), the ship will not be free to carry out the exchange of ballast water should run it in greater depth snippet of defeat.
- In art. 3.4 - include the title "TWO EXCHANGES OF BALLAST WATER (AMAZON BASIN)" and insert the following text:
- All vessels are entering the Amazon basin should exchange the ballast according to the procedures described below. Therefore, all vessels entering this basin they should complete items 4.1 and 4.2 of Form (Annex A / Annex B) and, if discharged, also item 4.3.
- In section 3.4.3 to change the text "The second change will be documented on a second form, which should be referred to Capitanias (CP), Police (DL) or agencies (AG), when the vessel arrives at the port / terminal of the Amazon basin. Furthermore, the vessel will maintain a copy board for a period of at least two years, available Naval Inspection. ".
- In clause 4.3.2, replace "Decree No. 3179 of 21 September 1999" by "Decree No. 6514 of July 22, 2008."
- In art. 4.5, replace "perpetrator" by "responsible";
- In art. 4.6, replacing the title "AUTHOR MATERIAL" with "RESPONSIBLE".
- In section 4.8.1 replace "In administrative proceedings, under this standard, the contradictory and are assured full defense, with the means and resources inherent to it" by "The administrative process provided in this Standard will be guided by the principles of legality, purpose, motivation, reasonableness, proportionality, morality, legal defense, contradictory, legal, public interest and efficiency, as well as the criteria mentioned in paragraph of art. 2 of Law No. 9,784, of January 29, 1999.
- In item 4.8.2, put beside the title "(Article 71 of Law 9.605/98)";
- In section 4.8.2, paragraph a):
- Replace the text by the point I "Given the environmental occurrence of administrative violation, shall be recorded notice of infraction, which should be given to science fined, making sure the contest and ample defense."
- Replace the text of point II of "The apprehended may, within twenty days from the date the notice of science, provide defense against the tax assessment."
- Replace the text of point III by "The defense will be made in writing and must contain the facts and legal grounds contrary to the provisions of tax assessment and the accompanying terms and the specification of the evidence that the apprehended intends to produce its Please duly justified. "
- Replace the text of point IV by "The apprehended may be represented by counsel or attorney lawfully constituted and should, therefore, attach to their defense of attorney, may apply for up to ten days for his gathered."
- Including subparagraphs V, VI, VII, VIII and IX, as specified below:
V - The defense will not be displayed when known:
a) after the deadline;
b) by whom is not legitimated or
c) before environmental agency or entity incompetent.
VI - When apprehended fit the proof of the facts alleged to have, the authority may request the production of judging evidence required for conviction.
VII - Offered or not defense, judging authority, within thirty days, the judge infraction notice, deciding on the application of penalties.
VIII - The failure of the trial period to not void the decision of the jury and the process.
IX - Judged the assessment notice, the apprehended will be notified by mail with return receipt or other valid means to ensure the certainty of their science to pay the fine within five days from receipt of the notification, or appeal. The payment made within that period will have a discount of thirty percent of the value of the fixed penalty, pursuant to art. 4 of Law No. 8005, 1990.
- Right after the last paragraph "The Assessment Notice should be signed by the offender, agent or legal representative and witnesses. If the Offender refuses to sign, the fact will be taken forward by the Competent Authority, in the presence of two witnesses, if you do not know sign, Auto will be taken to pray, "adding" In cases of evasion or absence of the responsible administrative violation , lacking preposto identified, the agent autuante apply the first point above, forwarding the notice of infraction by mail with return receipt or other valid means to safeguard their science. "
- In section 4.8.2, b):
- Replace the text of point I on "case was not upheld defense and the offender does not agree ..." by "case was not upheld defense or the violator does not agree ...".
- Replace the text of point II by "feature of any nature will be directed to the authority which issued the decision, which if not to reconsider, within five days, will refer to higher authority (art. 56 of Law No. 9,784 / 99) ".
- Replace the text of point III of "The appeal will not be known as lodged:
a) after the deadline;
b) before the environmental agency or authority incompetent, or
c) by a non-legitimized. "
- Include point IV, as specified below:
IV - In the event of an appeal against the decision in the administrative procedure relating to other legal provisions than Law No. 9.605/1998, should be observed instances appellate deadlines and willing on their devices, "keeping the original text.
- In art. 4.9, e), by replacing the text "The value of the fine is the value established by Decree No. 6.514/2008, with a minimum of $ 5,000.00 (five thousand dollars), and a maximum of $ 50,000,000, 00 (fifty million dollars).
- In art. 4.9, point i), by replacing the text "The commission of new environmental violations by the same offender, within five years from the issuance of the notice of infraction earlier, implies:
I - application of penalty in triple, in the case of committing the same offense, or
II - application of the fine double in the case of commission of offense distinct. "
- Replace the text of art. 4:10 with:
"Failure to pay the fine imposed will result in the offender's enrollment in Debt Union, pursuant to art. 41 of Law No. 6.830/80 ("Tax Enforcement Act"). "
- Replace Annex A (Form for information regarding ballast water)
- Replace Annex B (Ballast Water Reporting Form)
Above were included in Annexes new small fields and formatting settings.
PAUL JOSEPH RODRIGUES DE CARVALHO
Valfrido STEPS DE FREITAS
First Lieutenant (AA)