10.3 Presence of target organisms
10.3.1 Under certain circumstance it may be possible to determine 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 authority may invoke management measures 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 ports and to disseminate the results of their investigations.
11 Enforcement and monitoring by port states
11.1 Consistent with the precautionary approach to environmental protection, these Guidelines can apply to all ships unless specifically exempted by a port State authority within its jurisdiction. In accordance with 5.2 above, port State authorities should inform the Organization on how the Guidelines are being applied.
11.2 Member State have the right to manage ballast water by national legislation. However, any ballast discharge restrictions should be notified to the Organization.
11.3 In all cases, a port State authority should consider the overall effect of ballast water and sediment discharge procedures on the safety of ships and those on board. 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 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 managemere procedures be effective as well as environmentally safe, practicable, designed to minimize costs and delays to the ship, and based upon these Guidelines whenever possible.
11.5 Any instructions or requirements of a ship should be provide in a timely manner and be clear and concise.
11.6 Port States should on request provide a visiting ship with any requested information relative to ballast water management and its potential effects with respect to harmful aquatic organisms and pathogens.
11.7 Any enforcement or monitoring activities should be undertaken in a fair, uniform and nationally consistent 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 0rganization.
11.8 Compliance monitoring should 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 effectiveness monitoring is being undertaken port. State authorities should minimize delays to ships when taking such samples.
11.10 When sampling for research or compliance monitoring, the port State authority should give as much notice as possible to the ship that sampling will occur, to assist in planning staffing and operational resources.
