The Coast Guard announced Sept. 7, 2017, the release of Policy Letter 17-05: “Guidelines for Voluntary Compliance with the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004.”
The policy letter provides guidance to Coast Guard marine inspectors, Authorized Classification Societies (ACS) that are authorized to issue international convention certificates on behalf of the Coast Guard in its capacity as the flag administration, and U.S. flagged vessel owners/operators concerning the requirements of the International Convention for the Control and Management of Ships’ Ballast Water and Sediments, 2004 (hereinafter referred to as the Ballast Water Management (BWM) Convention).
Through this policy letter, the Coast Guard is establishing a voluntary inspection program for U.S. flagged commercial vessel owners/operators who wish to document compliance with the standards of the BWM Convention. U.S. flagged commercial vessels that operate on international routes (i.e., those ships that will enter the ports of countries that are parties to the BWM Convention) are encouraged to participate.
The BWM Convention is scheduled to enter into force on Sept. 8, 2017. Under the BWM Convention, certain vessels flagged by countries that have ratified the BWM Convention (hereinafter referred to as Parties) are required to maintain a valid BWM Convention Certificate issued by their flag administration (or by another Party if authorized by the vessel’s Administration). The BWM Convention Certificate validates that a ship has successfully completed a survey conducted in accordance with the BWM Convention’s requirements. Foreign Administration Port State Control Officers (PSCOs) may validate that the ship has a valid certificate, inspect the Ballast Water Record Book, and/or sample the ballast water. If the PSCOs identify concerns, the BWM Convention allows them to carry out a detailed inspection and “take such steps as will ensure that the ship shall not discharge ballast water until it can do so without presenting a threat of harm to the environment, human health, property or resources.”
The U.S. is not signatory to the BWM Convention, and the Coast Guard cannot mandate compliance with the BWM Convention’s requirements either for U.S. flagged vessels or for foreign vessels operating on the navigable waters of the United States. In contrast, Parties to the BWM Convention are required to impose BWM Convention requirements on all Party and non-Party vessels when calling on their ports (Article 3, Paragraph 3: “no more favorable treatment clause”).
U.S. flagged vessels operating in a Party’s waters should be prepared to demonstrate compliance with the BWM Convention or be at risk for Port State Control actions, including detention.
This blog is not a replacement or substitute for the formal posting of regulations and updates or existing processes for receiving formal feedback of the same. Links provided on this blog will direct the reader to official source documents, such as the Federal Register, Homeport and the Code of Federal Regulations. These documents remain the official source for regulatory information published by the Coast Guard.
Categories: Commercial Vessel Compliance