Section 40. Mandatory filing requirements

A. The operator, or a ship agent on behalf of the operator, of a commercial vessel that enters into Virginia's territorial waters shall file a Ballast Water Control Report form with the commission.

1. Within 72 hours of the completion of the discharge of ballast water if the commercial vessel discharges ballast water into Virginia waters; or

2. Prior to the commercial vessel's departure from Virginia waters if the commercial vessel does not discharge ballast water into Virginia waters.

B. The HRMA shall act as the commission's designated agent and shall be responsible for the receipt and compilation of all Ballast Water Control Report forms filed in Virginia in compliance with this regulation. A Ballast Water Control Report form shall be deemed to have been filed when it has been hand delivered to the HRMA, sent electronically or by facsimile transmission and received by the HRMA, or sent to the HRMA by registered or certified mail, return receipt requested.

C. For commercial vessels whose point of origin is located outside the United States EEZ and whose first port of call within the United States is within Virginia waters, submittal to the HRMA of a copy of the completed form the operator filed with the NBIC, shall be deemed compliance with the reporting requirements of this regulation.

D. The HRMA shall provide the commission with copies of all Ballast Water Control Report forms received from operators of commercial vessels and ship agents acting on behalf of operators of commercial vessels on a monthly basis. The commission shall submit copies of the forms received with the NBIC on a quarterly basis.

Historical Notes

Derived from Volume 18, Issue 06, eff. November 1, 2001.

Statutory Authority

§§ 28.2-103 and 28.2-209 of the Code of Virginia.