Ballast Water Discharge
"Ballast water" means any water or matter taken
on board a vessel to control or maintain trim, draft, stability or stresses
of the vessel, without regard to the manner in which it is carried.
"Commercial vessel" means a self-propelled ship
in commerce of 300 gross tons or more. The term "commercial
vessel" does not include a vessel of the United States Department of
Defense or United States Coast Guard subject to the requirements of § 1103
of the National Invasive Species Act of 1996, or any vessel of the Armed
Forces, as defined in 33 U.S.C. § 1322 (A)(14), that is subject to the
uniform national discharge standards for vessel of the Armed Forces under
23 U.S.C. § 1322 (N).
"Federal guidelines" means the provisions of 33
C.F.R. Part 151, Subpart D, "Ballast Water Management for Control of
Nonindigenous Species in Waters of the United States".
"Operator" means any person who owns, operates,
charters, rents or otherwise exercises control over or responsibility for a
§ 28.2-110 - Filing requirements; penalty
A. The operator, or a ship agent acting on behalf of the
operator, of a commercial vessel that enters into Virginia waters shall
file a Ballast Water Control Report form with the Commission (i) within
seventy-two hours of the completion of the discharge of ballast water if
the commercial vessel discharges ballast water into Virginia water, or (ii)
prior to the commercial vessel's departure from Virginia waters if the
commercial vessel does not discharge ballast water into Virginia waters.
The operator, or ship agent of an operator, shall not be required to file a
Ballast Water Control Report form if the commercial vessel's point of
origin is located within the United States Exclusive Economic zone. A
Ballast Water Control Report form shall be deemed to have been filed when
it is hand delivered to the Commission, sent by electronic mail or
facsimile transmission and received by the Commission, or sent to the
Commission by registered or certified mail, return receipt requested.
B. For commercial vessels whose pint of origin is located
outside the United States Exclusive Economic Zone and whose first port of
call within the United States Exclusive Economic Zone is within Virginia
waters, the filing of a copy of the completed form submitted by the
operator to the National Ballast Water Commission shall be deemed
compliance with the reporting requirements of this section.
C. Any operator of a commercial vessel who knowlingly
fails to file a Ballast Water Control Report form with the Commission
within the applicable time period set forth in subsection A, or who
knowlingly makes any false statement in a Ballast Water Control Report form
submitted to the Commission, shall be guilty of a Class 1 misdemeanor.
§ 28.2-111 - Adoption of guidelines and forms
A. The Commission shall adopt the federal guidelines as
the guidelines governing voluntary ballast water management practices to be
followed by the operators of commercial vessels. The guidelines adopted by
the Commission shall not require a commercial vessel to be operated in a
mannger that may threaten the safety of the commercial vessel, its crew or
B. The Commission shall adopt Ballast Water Control Report
forms, consistent with the form 2 adopted by the United States Coast Guard
and set forth in 33 C.F.R. Part 151, Subpart D, Appendix, to monitor
compliance with the guidelines adopted pursuant to this section. The
Commission shall adopt procedures to distribute the Ballast Water Control
Report form to the operator of a commercial vessel, or to a ship agent for
the operator, at the time the commercial vessel enters state waters or as
soon thereafter as practicable.
C. The Commission shall submit copies of the forms
received from operators of commercial vessels and ship agents acting on
behalf of operators of commercial vessels with the National Ballast Water
Information Clearinghouse of the Smithsonian Environmental Research Centre
on a quarterly basis.