Administrative Code

Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Once the report is generated you'll then have the option to download it as a pdf, print or email the report.

Virginia Administrative Code
Title 4. Conservation and Natural Resources
Agency 20. Marine Resources Commission
Chapter 398. Ballast Water Discharge Reporting
4/5/2020

4VAC20-398-70. Mandatory Recordkeeping Requirements.

A. Unless specifically exempted from this regulation, the master, owner, operator, or person in charge of a vessel carrying ballast water into Virginia waters, after having operated outside the EEZ, shall keep records in written form that include the following information:

1. Vessel Information

a. Name;

b. Vessel type;

c. IMO number (official number if IMO number not issued);

d. Port of registry (Flag);

e. Owner or operator;

f. Gross tonnage;

g. Call sign; and

h. Agent.

2. Voyage information. Include the date and port of arrival, vessel agent, last port and country of call, and next port and country of call.

3. Total ballast water information. Include the total volume of ballast water capacity, total volume of ballast water on board, and total number of ballast water tanks in ballast.

4. Ballast water management. Include the total number of ballast tanks/holds that are to be discharged into Virginia waters or to a reception facility. If an alternative ballast water management method is used, please note the number of tanks that were managed using an alternative method, as well as the type of method used. Indicate whether the vessel has a ballast water management plan and IMO guidelines on board, and whether the ballast water management plan is used.

5. Information on ballast water tanks to be discharged into Virginia waters or to a reception facility. Provide the origin of the ballast water, including the dates, locations, volumes and temperatures of the ballast water when loaded for each tank. Provide the particulars of ballast water exchange if conducted, including the date, location, volume exchanged, thoroughness of exchange (i.e., percent of tank volume exchanged), the sea height at the time of exchange, and the expected date, location, volume and salinity of any ballast water to be discharged into Virginia waters.

6. Certification of accurate information. Include the master, owner, operator, or responsible person in charge's printed name, title and signature attesting to the accuracy of the information and certifying compliance with the requirements of this regulation.

B. The master, owner, operator or person in charge of a commercial vessel subject to this regulation shall make the required records available to the commission for inspection upon request for a period of two years.

Statutory Authority

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

Historical Notes

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

Website addresses provided in the Virginia Administrative Code to documents incorporated by reference are for the reader's convenience only, may not necessarily be active or current, and should not be relied upon. To ensure the information incorporated by reference is accurate, the reader is encouraged to use the source document described in the regulation.

As a service to the public, the Virginia Administrative Code is provided online by the Virginia General Assembly. We are unable to answer legal questions or respond to requests for legal advice, including application of law to specific fact. To understand and protect your legal rights, you should consult an attorney.