28.2-111 - Adoption of guidelines and forms.
§ 28.2-111. Adoption of guidelines and forms.
A. The Commission shall adopt the federal guidelines as the guidelinesgoverning voluntary ballast water management practices to be followed by theoperators of commercial vessels. The guidelines adopted by the Commissionshall not require a commercial vessel to be operated in a manner that maythreaten the safety of the commercial vessel, its crew or its passengers.
B. The Commission shall adopt Ballast Water Control Report forms, consistentwith the form adopted by the United States Coast Guard and set forth in 33C.F.R. Part 151, Subpart D, Appendix, to monitor compliance with theguidelines adopted pursuant to this section. The Commission shall adoptprocedures to distribute the Ballast Water Control Report form to theoperator of a commercial vessel, or to a ship agent for the operator, at thetime the commercial vessel enters state waters or as soon thereafter aspracticable.
C. The Commission shall submit copies of the forms received from operators ofcommercial vessels and ship agents acting on behalf of operators ofcommercial vessels with the National Ballast Water Information Clearinghouseof the Smithsonian Environmental Research Center on a quarterly basis. TheVirginia Maritime Association shall submit such forms to the Commissionmonthly.
(2001, c. 312; 2002, c. 40; 2010, c. 815.)