10 Port State Considerations
The following is provided for the guidance of port State authorities in the implementation of their ballast water management programme and to assess risks in relation to ballast water containing harmful aquatic organisms.
10.1 Highly Disparate Conditions Between Uptake and Discharge Ports
Significantly different conditions may exist between the ballast water port(s) of origin and the ballast water port of discharge. Examples include fleshwater ballast (0 parts per thousand salinity) being released into highly saline ports, and tropical warm water ballast being released into polar ports. Although there are organisms capable of surviving such extreme transfers, there is a lower probability of species establishment under such transport events.
10.2 Ballast Water Age
The length time ballast water is within an enclosed ballast tank will also be a factor in determining the number of surviving organisms, because of the absence of light, decreasing nutrients and oxygen, and other factors. However, the maximum length of survival of organisms in ballast water varies, and in many cases is not know. Water of an age of 100 days old or older should be considered the minimum for applying this consideration. Ballast sediments may contain dinoflagellate cysts and other organisms capable of existing for a much longer length of time.
10.3 Presence of Target Organisms
Under certain circumstances, it may be possible to determine if one or more target species are present in the ballasting port and/or have been ballasted in a departing vessel. In these circumstances, the receiving Port State Authority may invoke management measures accordingly. Even if such target species are not present, however, it should be noted that the vessel may still be carrying many untargeted species which, if released in new waters, could be potentially harmful.
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11 Enforcement and Monitoring by Port States
11.1 The regulations of Annex ..... can apply to all ships or only those ships or classes of ships specified by a port State authority within its jurisdiction. Port State authorities should inform the Organization as to what provisions of the Annex are enforced in that State.
11.2 Countries have the right to manage ballast water by national legislation. However, any discharge prohibition should be notified to the Organization.
11.3 In all cases, a port State authority must consider the overall effect of ballast water and sediment discharge procedures on the safety of ships and those on board. Regulations or guidelines will be ineffective if compliance is dependent upon the acceptance of operational measures that put a ship or its crew at risk. Port States shall not require any action of the Master which imperils the lives of seafarers or the safety of the ship.
11.4 Ballast water and sediment discharge procedures should be safe, practicable, effective, designed to minimize cost and delays to ships, and based upon these Guidelines whenever practicable.
