Aquatic Invasive Species and 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 completely 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
Today, there is no proven technology that can filter or treat ballast water to remove aquatic nuisance species. There is considerable research being done in the United States, Australia, Norway and other countries to develop ballast treatment technology that can be installed on cargo ships. A number of promising technologies are in the pipeline. Ballast Water Management
Absent effective ballast water treatment technology, Congress enacted legislation in 1990 requiring vessels to exchange their ballast water while still at sea and before entering the Great Lakes and Hudson River. This legislation was reauthorized in 1996. By flushing their ballast tanks with sea water, it is believed that most fresh water organisms are removed or killed. Ballast exchange has been identified by scientists as the best, currently available means of addressing the spread of aquatic nuisance species. Today, all ships containing ballast water must practice ballast exchange before entering the Great Lakes - or any coastal port in the United States. NOBOB Management
NOBOB is an acronym refering 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 at the bottom of their ballast tanks. This residual water can contain aquatic organisms. Consequently, the federal ballast exchange requirement is helpful, but not a fullproof solution to the problem. Federal Regulation of Ballast Water
There is widespread agreement in both the shipping industry and environmental community that the solution to this problem is federal regulation of ships' ballast water such that it is required to be treated before it is discharged. While there is no technology to effectively treat ballast water, many believe that new federal regulations will "push" the development of necesssary technology. Setting a Ballast Water Quality Standard
One impediment to the development of viable ballast water treatment systems is the lack of a ballast water quality standard. Those private companies working to develop the necessary technology have been given no guidance by government. For this reason, many are hesitant to invest in necessary research. 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. Legislation has been introduced in the House of Representatives and the U.S. Senate to implement that international agreement in U.S. law. 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. 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, the entire Chesapeake Bay, the entire Gulf of Mexico, etc., state-by-state regulation is unlikely to 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 orded the agency to repeal it. 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. Just how states will implement and enforce such a permitting program on mobile sources is unknown. Source: Association of Great Lakes Ports (http://www.greatlakesports.org ) |