Aquatic Invasive Species & Ships' Ballast Water
Ballast Water and the Movement of Species
When not fully loaded, cargo ships must take on water (ballast) to maintain their stability. Once pumped onboard, ballast water is stored in narrow cavities (ballast tanks) built into the hull of a ship. Ballast water pumped onboard in one port may inadvertently contain aquatic organisms that are then released when the ballast is discharged in another port. In most cases, these organisms die. However, in some cases, they thrive in the new environment. Multiplying out of control, some non-indigenous species disrupt the local aquatic ecosystem, killing or displacing native fish and plant life. As global trade expands, concern over the movement of aquatic species is also growing. Today, aquatic nuisance species are a concern not only in the Great Lakes, but also in the Chesapeake Bay, the Gulf of Mexico, Puget Sound, San Francisco Bay and other areas. Likewise, species native to the United States are being spread to other parts of the world.
It is important to keep in mind that invasive species are unwelcome hitchhikers. Shipping companies may facilitate the movement of species as a consequence of their operations, but they do not do so knowingly or with malice.
Ballast Water Treatment
There is widespread agreement in both the maritime industry and the environmental community that the best way to prevent the transfer of aquatic nuisance species is to keep them off ships in the first place.
For that reason, there is considerable research being done in the United States, Australia, Norway and other countries to develop technology to treat ballast water and remove or kill aquatic nuisance species.
A number of promising technologies are in the pipeline. The first are expected to be available in the marketplace in 2008. Once available, these technologies must be approved by the United States Coast Guard.
Ballast Water Management
Absent effective ballast water treatment technology, Congress enacted the "Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990." This legislation required vessels to exchange their ballast water while still at sea and before entering the Great Lakes and Hudson River. This requirement took effect in 1993. In 1996, Congress reauthorized and expanded the law to include vessels entering all U.S. ports.
By flushing ballast tanks with sea water, it is believed that most fresh water organisms are physically removed, or killed by higher salinity.
Ballast exchange has been identified by scientists as an effective ship management practice to help minimize the spread of aquatic nuisance species.
NOBOB Management
NOBOB is an acronym referring to a cargo ship that is not carrying ballast water, or has “No Ballast on Board.” A ship would not have ballast water on board when it is fully loaded with cargo.
Originally, NOBOB ships were believed to be free of invasive species. However, in the late 1990s, scientists discovered that (due to ship design) ballast tanks do not empty in a perfect manner. NOBOB ships actually have small amounts of residual water and silt at the bottom of their ballast tanks. This residual water can contain aquatic organisms.
Beginning 2008, both the U.S. and Canadian governments will require all ocean-going NOBOB vessels entering the Great Lakes to first flush their ballast tanks with sea water. Scientists believe that such salt-water flushing can add additional protection against aquatic nuisance species.
Setting a Ballast Water Quality Standard
One impediment to the development of viable ballast water treatment systems is the lack of an official ballast water quality standard. Absent such a standard, those private companies working to develop treatment technology are conducting research and development without clear guidance from government. This lack of guidance has hindered progress.
International Maritime Organization Action
In 2004, the International Maritime Organization (IMO), a part of the United Nations, adopted a global agreement for the regulation of ships' ballast water. This agreement contains a specific ballast water quality standard. The IMO ballast water treaty has, for the first time, given the scientific and engineering community a ballast water quality standard to aim for as they conduct research and development on treatment systems. Legislation has been introduced in the House of Representatives (H.R. 2830) and the U.S. Senate (S. 1578) to implement that international agreement in U.S. law (with modifications).
State Regulation of Ships' Ballast Water
Frustrated with the slow pace of federal action, numerous states have considered legislation to regulate the discharge of ballast water from vessels engaged in international trade. The shipping industry opposes state regulation and fears an inconsistent patchwork of requirements across the country. Further, because no single state has jurisdiction over the entire Great Lakes, state-by-state regulation will not provide true environmental protection.
Application of the Clean Water Act
Since the 1970s, the U.S. Environmental Protection Agency (EPA) has specifically exempted ships' ballast water from being subject to the permitting requirements of the Clean Water Act. In 1999, several environmental organizations petitioned the EPA to repeal this exemption. When the EPA denied their petition, these environmental organizations sued the agency. In March, 2005, the federal District Court for the Northern District of California ruled that the EPA had overstepped its authority in issuing the exemption and ordered the agency to repeal it.
The EPA is appealing the court's decision. The outcome of this case is of critical importance. Should the Court's decision stand, all states will be required to permit ballast water discharges – just as they do other "point source" water discharges - by October 1, 2008.
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