U.S. Ballast Water Management Report - Penalties For Non-Submission

July 2004

With effect from 13 August 2004 all vessels, U.S. and foreign, equipped with ballast water tanks, that operate within the waters of the United States or bound for ports or places of the U.S. must submit a ballast water management report.

Failure to submit a report can give rise to a civil penalty of up to $27, 500 per day for each day of continuing violation.

The regulations which establish the penalty regime (to include vessels bound for the great lakes or Hudson river) and widen the reporting and record keeping requirements were published in the Federal Register of 14 June 2004 (with minor amendments published on 7 July 2004).

The U.S. Coast Guard have produced a vary useful and comprehensive explanation of new regulations in Navigation and Vessel Inspection Circular 07-04. This gives guidance on both reporting and recordkeeping requirements with helpful tabulated information on where and when report forms must be submitted and how to avoid common problems associated with submitting report forms. NVIC 07-04 can be accessed via the U.S. Coast Guard NVIC webpage at: www.uscg.mil/hq/g-m/nvic/

Useful Resources on U.S. Ballast Water Management requirements:

The National Ballast Information Clearinghouse has the report forms in various formats for fax, e-mail or online submission (although electronic reporting is encourage). It also provides submission instructions and has a "Frequently Asked Questions" page.

Information on the Coast Guard Aquatic Nuisance Species (ANS) Program Activities is available here.

Steamship website article on Mandatory Regime for Ballast Water Management.