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2002 SESSION
Be it enacted by the General Assembly of Virginia:
1. That §§ 28.2-110 and 28.2-111 of the Code of Virginia are amended and reenacted as follows:
§ 28.2-110. Filing requirements; penalty.
A. The operator, or a ship agent acting on behalf of the operator, of a
commercial vessel that enters into Virginia waters shall file a Ballast Water
Control Report form with the Hampton Roads Maritime Association as the
designated agent of the Commission (i) within seventy-two hours of the
completion of the discharge of ballast water if the commercial vessel discharges
ballast water into Virginia waters, or (ii) prior to the commercial vessel's
departure from Virginia waters if the commercial vessel does not discharge ballast
water into Virginia waters. The operator, or ship agent of an operator, shall
not be required to file a Ballast Water Control Report form if the commercial
vessel's point of origin previous port-of-call is located within the United
States Exclusive Economic Zone and a ballast water control report was
previously filed upon entering the first port-of-call within the United States
Exclusive Economic Zone. A Ballast Water Control Report form shall be deemed to
have been filed when it is hand delivered to the Commission Hampton Roads
Maritime Association, sent by electronic mail or facsimile transmission and
received by the Commission Hampton Roads Maritime Association, or sent to the
Commission Hampton Roads Maritime Association by registered or certified
mail, return receipt requested. The services of the Hampton Roads Maritime
Association shall be provided at no cost to the Commission. The fees assessed by
the Hampton Roads Maritime Association shall only be that amount necessary to cover
the expenses for the reporting services provided to vessel operators and any
associated recordkeeping related to the ballast water reporting requirements of
this article. If in the judgement of the Commission or the Hampton Roads
Maritime Association, the Hampton Roads Maritime Association is unable to
satisfactorily perform its responsibilities, the Commission may (i) select
another agent, provided proper notice of the change in the designated agent has
been given to operators, or (ii) assume responsibility for carrying out the
provisions of this section.
B. For commercial vessels whose point of origin is located outside the United
States Exclusive Economic Zone and whose first port of call within the United
States Exclusive Economic Zone is within Virginia waters, the filing of a copy
of the completed form submitted by the operator to the National Ballast Water
Information Clearinghouse of the Smithsonian Environmental Research Center with
the Commission Hampton Roads Maritime Association shall be deemed compliance
with the reporting requirements of this section.
C. Any operator of a commercial vessel who knowingly fails to file a Ballast
Water Control Report form with the Commission Hampton Roads Maritime
Association within the applicable time period set forth in subsection A, or who
knowingly makes any false statement in a Ballast Water Control Report form
submitted to the Commission Hampton Roads Maritime Association, shall be guilty
of a Class 1 misdemeanor.
§ 28.2-111. Adoption of guidelines and forms.
A. The Commission shall adopt the federal guidelines as the guidelines governing voluntary ballast water management practices to be followed by the operators of commercial vessels. The guidelines adopted by the Commission shall not require a commercial vessel to be operated in a manner that may threaten the safety of the commercial vessel, its crew or its passengers.
B. The Commission shall adopt Ballast Water Control Report forms, consistent with the form adopted by the United States Coast Guard and set forth in 33 C.F.R. Part 151, Subpart D, Appendix, to monitor compliance with the guidelines adopted pursuant to this section. The Commission shall adopt procedures to distribute the Ballast Water Control Report form to the operator of a commercial vessel, or to a ship agent for the operator, at the time the commercial vessel enters state waters or as soon thereafter as practicable.
C. The Commission shall submit copies of the forms received from operators of commercial vessels and ship agents acting on behalf of operators of commercial vessels with the National Ballast Water Information Clearinghouse of the Smithsonian Environmental Research Center on a quarterly basis. The Hampton Roads Maritime Association shall submit such forms to the Commission monthly.