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Amendments to an international treaty aimed at preventing the spread of potentially invasive species in ships' ballast water entered into force on 13 October 2019. The International Convention for the Control and Management of Ships' Ballast Water and Sediments, 2004 (the BWM Convention) was adopted by the International Maritime Organization (IMO), a specialized agency of the United Nations, to address this problem. The BWM Convention entered into force in 2017. The amendments formalise an implementation schedule to ensure ships manage their ballast water to meet a specified standard ("D-2 standard") aimed at ensuring that viable organisms are not released into new sea areas, and make mandatory the Code for Approval of Ballast Water Management Systems, which sets out how ballast water management systems used to achieve the D-2 standard have to be assessed and approved. This will help ensure that aquatic organisms and pathogens are removed or rendered harmless before the ballast water is released into a new location – and avoid the spread of invasive species as well as potentially harmful pathogens.

The Great Lakes remain one of the most heavily invaded freshwater systems in the world. Ballast water from cargo ships crossing the ocean inadvertently brought in many aquatic invasive species (AIS), accounting for the introduction of 40% of all nonindigenous aquatic species in the Great Lakes. However, collaborative efforts have led to pioneering research and policy changes that have reduced this threat.

Congressional Research Service Report RL32344.

Canada's coasts and waterways are vital to our environment, livelihoods, and economy, and must be protected. Ballast water, which helps keep vessels stable in the water, can accidentally introduce and spread aquatic invasive species, like the zebra mussel, if released in the water untreated. To further protect Canadian waters, the Government of Canada is taking action to limit the introduction and spread of aquatic invasive species in ballast water. Today, the Canadian Minister of Transport announced the coming into force of the new Ballast Water Regulations to strengthen existing rules for vessels on international voyages and the introduction of new rules for vessels which remain in Canada and on the Great Lakes. These regulations, which replace the Ballast Water Control and Management Regulations, apply to vessels in Canadian waters and to Canadian vessels anywhere in the world. Vessels are now required to:

• plan their ballast water management and reduce the number of organisms in their ballast water, typically by installing a ballast water management system; and
• carry a valid certificate, keep records, and be regularly surveyed and inspected. Smaller vessels may follow an equivalent approach tailored to their operations and size.

See also: Managing Ballast Water and Backgrounder: Ballast Water Regulations.

The 2018 Vessel Incidental Discharge Act (VIDA) requires an annual report on the effectiveness of national ballast water management (BWM) requirements. This report provides analyses of (1) the patterns of ballast water (BW) delivery and management; (2) Coast Guard’s compliance and enforcement actions regarding BWM regulations; and (3) patterns of biological invasions by marine and estuarine aquatic nuisance species (ANS). It covers the two-year period from January 2020 through December 2021 to demonstrate the effectiveness of the Coast Guard’s statutorily mandated BWM regulatory program and validates that enforcement efforts continue to increase BWM and reduce the risk of introducing ANS into U.S. waters.

Citation: National Ballast Information Clearinghouse and United States Coast Guard. 2023. Commercial Vessel Ballast Water Management (2020-2021): Report to Congress July 7, 2023. Washington, D.C.: United States Department of Homeland Security.

Compiled and Edited by: Gregory Ruiz and David Reid, NOAA Technical Memorandum GLERL-142.
See also: GLERL Technical Reports for more reports

The EPA issued a final vessel general permit (VGP) regulating vessel discharges from commercial vessels, including ballast water, to protect the nation's waters from ship-borne pollutants and reduce invasive species in U.S. waters. The permit imposes international cleanliness standards that the Coast Guard also adopted in regulations it issued last year.

Note: On December 4, 2018, President Trump signed into law the Frank LoBiondo Coast Guard Authorization Act of 2018, which includes as Title IX the Vessel Incident Discharge Act of 2018 (“VIDA”). The new regulations will replace the EPA’s 2013 Vessel General Permit (“VGP”). EPA first issued the Vessel General Permit (VGP) in 2008 and subsequently reissued it in 2013.

A key international measure for environmental protection that aims to stop the spread of potentially invasive aquatic species in ships’ ballast water enters into force. The International Convention for the Control and Management of Ships' Ballast Water and Sediments (BWM Convention) addresses aquatic invasive alien species (IAS) by requiring all ships to implement a ballast water management plan, among other actions.
See also: Ballast Water Convention Enters into Force (Sep 12, 2017)

Building Partnerships to Assist Developing Countries to Reduce the Transfer of Harmful Aquatic Organisms in Ships’ Ballast Water, simply referred to as GloBallast Partnerships (GBP), was initiated in late 2007 and is intended to build on the progress made in the original project. This was initially planned as a five-year project, from October 2007 to October 2012, but was extended until June 2017.

GloFouling Partnerships is part of the wider efforts by the International Maritime Organization (IMO), in collaboration with the United Nations Development Programme (UNDP) and the Global Environment Facility (GEF), to protect marine ecosystems from the negative effects of invasive species. This work began in 2001 under the GloBallast Programme.

GloFouling webinars are an opportunity to discover specific aspects, challenges and solutions across all maritime sectors in relation to biofouling and its two main environmental issues: invasive aquatic species and greenhouse gas emissions.

Today the U.S. Senate passed legislation which changes how ballast water discharges from ships – the most common pathway for invasive species to enter the Great Lakes – are regulated. Great Lakes champions in the Senate worked tirelessly to improve the Vessel Incidental Discharge Act (VIDA), which was included in the U.S. Coast Guard Authorization Act of 2017, and protect the Great Lakes.

Great Lakes Law is an independent online resource (blog) by by Professor Noah Hall, which provides news, analysis, and commentary on all things wet and legal in the Great Lakes region. Includes various categories related to aquatic invasive species.

In addition to intergovernmental efforts and research to detect and monitor aquatic nuisance species (ANS), the EPA addresses ANS using numerous regulatory tools.

The EPA's National Pollutant Discharge Elimination System (NPDES) Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) regulate discharges incidental to the normal operation of commercial vessels, including ballast water and hull fouling, which are both pathways for introductions of aquatic nuisance species. The EPA and the Department of Defense are jointly developing the Uniform National Discharge Standards for vessels of the Armed Forces which will also regulate ballast water and hull fouling to help control the introduction of aquatic nuisance species.

Note: On December 4, 2018, President Trump signed into law the Frank LoBiondo Coast Guard Authorization Act of 2018, which includes as Title IX the Vessel Incident Discharge Act of 2018 (“VIDA”). The new regulations will replace the EPA’s 2013 Vessel General Permit (“VGP”). EPA first issued the Vessel General Permit (VGP) in 2008 and subsequently reissued it in 2013.