                                 CODE OF VIRGINIA

FILING REQUIREMENTS; PENALTY (§ 28.2-110)

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 Virginia 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&#8217;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&#8217;s 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 Virginia Maritime Association, sent by
electronic mail or facsimile transmission and received by the Virginia Maritime
Association, or sent to the Virginia Maritime Association by registered or
certified mail, return receipt requested. The services of the Virginia Maritime
Association shall be provided at no cost to the Commission. The fees assessed by
the Virginia 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 judgment of the Commission or the Virginia Maritime
Association, the Virginia 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 Virginia 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 Virginia 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 Virginia
Maritime Association, shall be guilty of a Class 1 misdemeanor.

HISTORY: 2001, c. 312; 2002, c. 40; 2010, c. 815.