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NEW YORK BALLAST RULES STIR FEARS ABOUT SHIPPING ON SEAWAY AND GREAT LAKES
December 15, 2008
ALEX BINKLEY
Canadian shipowners are warning that new ship ballast regulations crafted
with little notice by New York state could cripple the St. Lawrence Seaway
and commercial shipping on the Great Lakes.
The move came as a surprise to the shipowners. They said the state did nothing
to advise them of its intentions and allowed only a 30-day comment period
when it issued the notice on Nov. 4. Even Canadian government officials
were unaware of the move.
Don Morrison, president of the Canadian Shipowners Association, said the
requirements for onboard ballast treatment systems in existing ships by
2012 go well beyond what the International Maritime Organization
recommends. Even more alarming, he said, is a regulation that would
require a Canadian ship that leaves the Seaway to pick up a cargo on the
St. Lawrence River to sail out into the Gulf of St. Lawrence to conduct a
ballast water exchange before it could re-enter the system, adding days
and delays to any trip. “What’s more, not all lakers are certified to sail
in the gulf,” Morrison said.
The regulations could prevent ocean-going vessels from entering the Seaway,
said Caroline Gravel, director of environmental affairs for the Shipping
Federation of Canada. The requirements of the New York system “would be
100 times higher than the IMO standard for existing ships and 1,000 times
higher for any vessels built after 2012,” she said, referring to the
International Maritime Organization.
The on-board systems would be prohibitively expensive for shipowners to
retrofit into existing ships, and there isn’t any proven technology that
does what New York wants, Gravel added.
Shipping lines are also worried about the evolution of a patchwork of
regulatory requirements among the Great Lakes states.
Steve Fisher, president of the American Great Lakes Ports Association, said
the shipping industry would be satisfied with new ballast standards the
Environmental Protection Agency will proclaim on Dec. 19. But there’s
nothing to prevent individual states from imposing higher standards, he
said. He described the New York requirement as “shooting for the moon. The
conditions they want are very onerous for shipping lines.”
Michigan, Minnesota and California already have gone further than the EPA plan
to set best management practices for ships to keep unwanted aquatic
species from entering North American waters. Canada and the U.S. require
ships entering the Seaway to prove they conducted a ballast water exchange
at sea.
New York says the EPA rules aren’t consistent with state water goals.
The Canadian government has responded cautiously to the New York action, even
though it would appear to violate the 1909 Boundary Waters Act, which
prohibits either Canada or the United States from interfering with the
other’s shipping in the Seaway and Great Lakes.
Officials from both the transport and foreign affairs ministries have
discussed Canada’s concerns with U.S. federal officials.
Thus far, New York officials have dismissed concerns about the act.
The two U.S. locks on the Seaway are in New York state and lawyers are trying
to determine whether the state rules can apply to international waterways.
There are 13 Canadian locks.
Morrison wondered what the reaction would be if Ontario imposed ballast rules
that blocked American ships from sailing the Detroit River.
It would be ironic if the U.S., which objects to Canadian efforts to control
shipping in the Northwest Passage, allowed a state to interfere with
international shipping in the Seaway.
Meanwhile, a U.S. federal appeals court has upheld Michigan’s law requiring
ocean-going ships to obtain a ballast water permit before entering the
state’s ports.
The 6th U.S. Circuit Court of Appeals in Cincinnati ruled Nov. 21 in favor of
the state’s right to make special requirements for ship owners and
operators to protect its waters from aquatic nuisance species. The
decision upholds the ruling by a U.S. district court judge in Detroit last
year.
‘‘Michigan, for undisputedly legitimate reasons, has enacted legislation of a
type expressly contemplated by Congress,” the panel of three judges stated
in its unanimous ruling. ‘‘We have no basis to disrupt the result of those
democratic processes.”
The Shipping Federation of Canada, the Seaway Great Lakes Trade Association,
the American Great Lakes Ports Association, Fednav, Canadian Forest
Navigation Co., Nicholson Terminal and Dock Co., Baffin Investments and
Canfornav had jointly challenged the law.
The panel said the plaintiffs failed to demonstrate how any of them had been
injured by Michigan’s requirement. While nobody disputed that a ballast
water treatment system costs upwards of $500,000, the judges noted that
none of the plaintiffs “had spent a single dollar, or otherwise been
harmed, because of the treatment requirement.”
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