RCW 77.120.005 Findings. The legislature finds that some nonindigenous species have the potential to cause economic and environmental damage to the state and that current efforts to stop the introduction of nonindigenous species from shipping vessels do not adequately reduce the risk of new introductions into Washington waters. The legislature recognizes the international ramifications and […]
RCW 77.120.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) “Ballast tank” means any tank or hold on a vessel used for carrying ballast water, whether or not the tank or hold was designed for that purpose. (2) “Ballast water” means any water and matter taken […]
RCW 77.120.020 Application of chapter. (1) This chapter applies to all vessels transiting into the waters of the state from a voyage, except: (a) A vessel of the United States department of defense or United States coast guard subject to the requirements of section 1103 of the national invasive species act of 1996, or any […]
RCW 77.120.030 Authorized ballast water discharge—Adoption of standards by rule. (1) The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not discharge ballast water into the waters of the state except as authorized by this section. (2) Discharge […]
RCW 77.120.040 Reporting and sampling requirements. The owner or operator in charge of any vessel covered by this chapter is required to ensure that the vessel under their ownership or control complies with the reporting and sampling requirements of this section. (1) Vessels covered by this chapter must report ballast water management information to the […]
RCW 77.120.050 Pilot project—Private sector ballast water treatment operation. The shipping vessel industry, the public ports, and the department shall promote the creation of a pilot project to establish a private sector ballast water treatment operation that is capable of servicing vessels at all Washington ports. Federal and state agencies and private industries shall be […]
RCW 77.120.070 Violation of chapter—Penalties—Rules. (1) The department may establish by rule schedules for any penalty allowed in this chapter. The schedules may provide for the incremental assessment of a penalty based on criteria established by rule. (2) The director or the director’s designee may impose a civil penalty or warning for a violation of […]
RCW 77.120.100 Department may assess fee for exemptions—Rules. The department may assess a fee for any exemptions allowed under this chapter. Such a fee may not exceed five thousand dollars. The department may establish by rule schedules for any fee allowed in this chapter. The schedules may provide for the incremental assessment of a penalty […]
RCW 77.120.110 Ballast water and biofouling management account. (1) The ballast water and biofouling management account is created in the state treasury. All receipts from legislative appropriations, gifts, grants, donations, penalties, and fees received under this chapter must be deposited into the account. (2) Expenditures from the account may be used only to carry out […]
RCW 77.120.120 Special operating authorization—Rules. The department may issue a special operating authorization for passenger vessels conducting or assisting in research and testing activities to determine the presence of invasive species in ballast water collected in the waters of southeast Alaska north of latitude fifty-four degrees thirty minutes north to sixty-one degrees ten minutes north, […]
RCW 77.120.130 Department’s authority to enter into partnerships, contracts, or other agreements. The department may enter into partnerships, contracts, or any other form of agreements with other entities to carry out the intent of this chapter. The department shall ensure that any such entity is registered and licensed to do business in Washington. All agreements […]
RCW 77.120.140 Biofouling—Agency rule-making authority. (1) The owner or operator of a vessel covered by this chapter is required to ensure that the vessel under their ownership or control does not release biofouling into waters of the state except as authorized by this section. (2) The department may adopt by rule standards and requirements governing […]
