StatA

Coast Guard, DHS

§ 151.2050

next port of call, subject to the directions of the COTP or District Commander, as provided by part 160 of this
chapter.
(1) The Coast Guard will normally
allow a vessel that cannot practicably
meet the requirements of § 151.2025(a)(1)
of this subpart because its installed
BWMS is inoperable, or the vessel’s
BWM method is unexpectedly unavailable, to employ one of the other ballast
water management (BWM) methods
listed in § 151.2025(a) of this subpart.
(2) If the master of the vessel determines that the vessel cannot employ
other BWM methods due to the voyage
or safety concerns listed in paragraph
(a) of this section, the Coast Guard will
normally allow the vessel to discharge
ballast water in areas other than the
Great Lakes and the Hudson River
north of the George Washington
Bridge.
(3) If the Coast Guard approves such
an allowance, the vessel must discharge only that amount of ballast
water operationally necessary to ensure the safety and stability of the vessel for cargo operations. Ballast water
records must be made available to the
local COTP upon request.
(c) Nothing in this subpart relieves
the master, owner, operator, agent, or
person in charge of a vessel of any responsibility, including ensuring the
safety and stability of the vessel and
the safety of the crew and passengers.

wreier-aviles on DSK5TPTVN1PROD with CFR

§ 151.2050 Additional requirements—
nonindigenous species reduction
practices.
The master, owner, operator, agent,
or person in charge of any vessel
equipped with ballast water tanks that
operates in the waters of the United
States must follow these practices:
(a) Avoid the discharge or uptake of
ballast water in areas within, or that
may directly affect, marine sanctuaries, marine preserves, marine
parks, or coral reefs.
(b) Minimize or avoid uptake of ballast water in the following areas and
situations:
(1) Areas known to have infestations
or populations of harmful organisms
and pathogens (e.g., toxic algal
blooms).
(2) Areas near sewage outfalls.

(3) Areas near dredging operations.
(4) Areas where tidal flushing is
known to be poor or times when a tidal
stream is known to be turbid.
(5) In darkness, when bottom-dwelling organisms may rise up in the water
column.
(6) Where propellers may stir up the
sediment.
(7) Areas with pods of whales, convergence zones, and boundaries of major
currents.
(c) Clean the ballast tanks regularly
to remove sediments. Sediments must
be disposed of in accordance with local,
State, and Federal regulations.
(d) Discharge only the minimal
amount of ballast water essential for
vessel operations while in the waters of
the United States.
(e) Rinse anchors and anchor chains
when the anchor is retrieved to remove
organisms and sediments at their
places of origin.
(f) Remove fouling organisms from
the vessel’s hull, piping, and tanks on a
regular basis and dispose of any removed substances in accordance with
local, State and Federal regulations.
(g) Maintain a ballast water management (BWM) plan that has been developed specifically for the vessel and
that will allow those responsible for
the plan’s implementation to understand and follow the vessel’s BWM
strategy and comply with the requirements of this subpart. The plan must
include—
(1) Detailed safety procedures;
(2) Actions for implementing the
mandatory BWM requirements and
practices;
(3) Detailed fouling maintenance and
sediment removal procedures;
(4) Procedures for coordinating the
shipboard BWM strategy with Coast
Guard authorities;
(5) Identification of the designated
officer(s) in charge of ensuring that the
plan is properly implemented;
(6) Detailed reporting requirements
and procedures for ports and places in
the United States where the vessel may
visit; and
(7) A translation of the plan into
English, French, or Spanish if the vessel’s working language is another language.

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§ 151.2055

33 CFR Ch. I (7–1–12 Edition)

(h) Train the master, operator, person in charge, and crew on the application of ballast water and sediment
management and treatment procedures.
(i) When discharging ballast water to
a reception facility in the United
States, discharge only to reception facilities that have an NPDES permit to
discharge ballast water.

wreier-aviles on DSK5TPTVN1PROD with CFR

§ 151.2055 Deviation from planned voyage.
As long as ballast water exchange
(BWE) is an allowable ballast water
management option under §§ 151.2025
and 151.2035 of this subpart, the Coast
Guard will not require a vessel to deviate from its voyage or delay the voyage
in order to conduct BWE. A vessel may
be required to deviate from its voyage
or delay the voyage if BWE is directed
by a Captain of the Port pursuant to
§ 151.2040(b) of this subpart.
§ 151.2060 Reporting requirements.
(a) Ballast water reporting requirements exist for each vessel subject to
this subpart bound for ports or places
of the United States regardless of
whether a vessel operated outside of
the Exclusive Economic Zone (EEZ),
unless exempted in § 151.2015 of this
subpart.
(b) The master, owner, operator,
agent, or person in charge of a vessel
subject to this subpart and this section
must provide the information required
by § 151.2070 of this subpart in electronic or written form to the Commandant, U.S. Coast Guard or the appropriate Captain of the Port (COTP).
The Ballast Water Reporting Form (Office of Management and Budget form
Control No. 1625–0069) and the instructions for completing it are available on
the National Ballast Information
Clearinghouse’s Web site at http://invasions.si.edu/nbic/submit.html.
Information must be submitted as follows:
(1) For any vessel bound for the Great
Lakes from outside the EEZ:
(i) Fax the required information at
least 24 hours before the vessel arrives
in Montreal, Quebec to the U.S. Coast
Guard (USCG) COTP, Buffalo, Massena
Detachment (315–769–5032).
(ii) Non-U.S. and non-Canadian flag
vessels may complete the ballast water

information section of the form required by the St. Lawrence Seaway,
‘‘Pre-entry Information from Foreign
Flagged Vessels Form,’’ and submit it
in accordance with the applicable Seaway notice as an alternative to this requirement.
(2) For any vessel bound for the Hudson
River north of the George Washington
Bridge entering from outside the EEZ:
Fax the required information to the
USCG COTP, New York (718–354–4249) at
least 24 hours before the vessel enters
New York, NY.
(3) For any vessel that is equipped with
ballast water tanks and bound for ports or
places in the United States and not addressed in paragraphs (b)(1) and (b)(2) of
this section: If a vessel’s voyage is less
than 24 hours, report the required information before departing the port or
place of departure. If a voyage exceeds
24 hours, report the required information at least 24 hours before arrival at
the port or place of destination. The information must be sent to the National
Ballast
Information
Clearinghouse
using only one of the following means:
(i) Via the Internet at http://invasions.si.edu/nbic/submit.html.
(ii) Email to [email protected].
(iii) Fax to 301–261–4319.
(iv) Mail to U.S. Coast Guard, c/o
Smithsonian Environmental Research
Center, P.O. Box 28, Edgewater, MD
21037–0028.
(c) If the information submitted in
accordance with this section changes,
the master, owner, operator, agent, or
person in charge of the vessel must
submit an amended report before the
vessel departs the waters of the United
States.
§ 151.2065 Equivalent reporting methods for vessels other than those entering the Great Lakes or Hudson
River after operating outside the
U.S. Exclusive Economic Zone or
Canadian equivalent.
For vessels required to report under
§ 151.2060(b)(3) of this subpart, the
Chief, Environmental Standards Division (CG–5224), acting for the Assistant
Commandant for Marine Safety, Security, and Stewardship (CG–5), may,
upon receipt of a written request, consider and approve alternative methods
of reporting if—

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