Management of Ships’ Ballast Water and Biofouling - Prevention of Pollution of the Marine Environment from Vessels - page 76

risks and management options on commercial vessels. 70 The report stated that “an
Australian Government scientific report from 1999 found it is likely that 77 % of the
marine pests that have established in Australian waters arrived as biofouling and
only 20 % were introduced as a result of ballast water”. 71 The report also indicated
some suggestions for future actions. 72 In the 56th meeting of the MEPC, held in
2007, New Zealand, Australia, the United Kingdom, Friends of the Earth Inter-
national (FOEI) and the World Conservation Union (IUCN) made a submission
inviting the Committee to consider adding a new, high priority item to the work
programme of the Sub-Committee on Bulk Liquids and Gases (BLG), and to
consider including this item on the agenda for BLG 12. 73 Since then, BLG 12-15
held between 2008 and 2011, has considered different options.
Finally, in 2011, the MEPC adopted the Guidelines for the Control and Manage-
ment of Ships

Biofouling to Minimize the Transfer of Invasive Aquatic Species. 74
The Guidelines are merely recommendatory, not mandatory. However, as discussed
in Chap. 1 , if a flag State incorporates the guidelines in it legal framework, the
vessels flying its flag must adhere to the Guidelines. Moreover, if a port State
conditions adherence to this Guidelines for entry into its port, vessels visiting the
State

'

s ports must adhere to the Guidelines, as the Guidelines can be treated as a
standard suggested by a competent international organisation.
The Guidelines define bio-fouling as “the accumulation of aquatic organisms
such as micro-organisms, plants, and animals on surfaces and structures immersed
in or exposed to the aquatic environment”. 75 It defines invasive aquatic species as
“a species which may pose threats to human, animal and plant life, economic and
cultural activities and the aquatic environment”. 76 The Guidelines provide that
implementation of an effective biofouling management regime is critical for
minimising the transfer of invasive aquatic species, and it is recommended that
every ship should have a bio-fouling management plan. 77 The bio-fouling manage-
ment plan should be ship-specific and address, amongst other things, details of: the
anti-fouling systems and operational practices or treatments used, including those
for niche areas; hull locations susceptible to bio-fouling, a schedule of planned
inspections, repairs, maintenance and renewal of anti-fouling systems; and details

'

70

Investigating biofouling risks and management options on commercial vessels, Submitted by
Australia, IMO Doc. MEPC 54/INF.5 (13 January 2006).
71

Ibid.

72

Ibid.

73

Development of international measures for minimizing the translocation of invasive aquatic
species through biofouling of ships, IMO Doc. MEPC 56/19/3 (5 April 2007).
74 2011 IMO Biofouling Guidelines, above note 9.
75 2011 IMO Biofouling Guidelines, above note 9, art 2(1).
76 2011 IMO Biofouling Guidelines, above note 9, art 2(1).
77 2011 IMO Biofouling Guidelines, above note 9, arts 5(1) and 5(2).