10.3 Presence of talget organitms
10.3.1 Under cerain circumstances it may be possible to daermine if one or more target species are present in the water of a specific port and have been ballasted in a ship. In these circumstances, the receiving port state auhority may invoke management measres accordingly. Even if such target species are not present, however, it should be noted that the ship may still be carrying many untargetted species which, if released in new waters, could be potentially harmful.
10.3.2 Port States are encouraged to carry out biological baseline surveys in their pors and to disseminate the results of their investigations.
11 Enforcement and monitoring by port states
11.1 Consistent with the precautionary approach to environmemtal protection, these Guidelines can apply to all ships unless specifcally cxempted by a port State authority within its jurisdiction In accordance with 5.2 above, port State airthorities sbould inform the Organization on how the Guidelines are being applied.
11 .2 Member States have the right to manage ballas waer by national legislation. However, any ballast discharge restricions shodd be notifed to the Organization
11.3 In all cases, a port State authority should consider the overall efect of ballast water and sediment discharge procedures on the safey of ships and those on board. Guidelines will be inefective if compliance is dependent upon the acceptance of operational measures that put a ship or its crew at risk. Port States should not require any action of the master which imperils the lives of seafarers or the safety of the ship.
11.4 It is essential that ballast water and sediment management procedures be efective as well as environmemtally safe, practicable, designed to minimize costs and delays to the ship, and based upon these Guidelines whenever possible.
11.5 Any instructions or requiremems of a ship should be provided in a tirnely manner and be clear and concise.
11.6 Port States should on requesl provide a visiting ship with any requested information relative to ballast waIer mangement and k potemtial efecs with respec to harmful aquatic organisrns and pathogens.
11.7 Any enforcement or monitoring activities should be undertaken in a fair, miforrn and nationally corsistmt manner at all ports within the port state. Where there are compelling reasons whereby nationally consistent procedures cannot be followed, then deviations should be reported to the Organization
11.8 Complimce monitoring shodd be undertaken by port State authorities by, for example, taking and analysing ballast water and sediment samples to test for the continued survival of harmful aquatic organisms and pathogens.
11.9 Where ballast water or sediment sampling for compliance or effeectiveness monitoring is being undertaken. port State authorities should minimj,e delays to ships when taking such samples.
11.10 When sampling for research or complimce monitoring the port State authority should give as much notice as possible to the ship that sampling will occur, to assist in planning staHng and operational resources.
