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India and Ballast Water
Context:
- The Tamil Nadu Water Resources Department (WRD) informed the National Green Tribunal that it has requested ₹160 crore from Kamarajar Port in Ennore to remove invasive charru mussels from the coast.
- The WRD blamed the port for spreading the harmful species, which disrupts marine ecosystems and fisher livelihoods, due to its failure to regulate ballast water from ships.
What is ballast water?
- Ships require a certain level of immersion for stability.
- When cargo is discharged, ships rise in the water, so seawater (ballast water) is taken into onboard tanks to maintain immersion.
- Conversely, when ships load cargo, ballast water is pumped out to adjust immersion.
- Historically, there were no restrictions on taking in or discharging ballast water at ports, along coasts, or in the ocean.
- Ballast water can carry invasive species to other regions, harming local ecosystems.
- Global shipping now seeks to regulate ballast water discharge to prevent ecological damage.
Problem in India:
- Nearly 30 invasive species have been recorded in India from ship ballast water.
- Charru Mussel (Mytella Rigata) is amongst the most harmful.
- In Pulicat Lake, Tamil Nadu, and Ashtamudi Lake, Kerala, the charru mussel has nearly replaced all other species.
- It has a high survival rate and prolific egg production.
- Though marine in origin, it can survive in freshwater environments as well.
Global regulations:
BWM Convention Overview:
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- The Ballast Water Management (BWM) Convention by the International Maritime Organization (IMO) came into force in 2017.
- Its purpose is to prevent the spread of harmful aquatic organisms and pathogens via ships’ ballast water.
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Requirements Since September 8, 2017:
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- Ships must manage ballast water to ensure aquatic organisms and pathogens are removed or neutralised before discharge in a new location.
- New ships with ballast water management systems treat the ballast water with chemicals to eliminate biological organisms before discharging it.
- Older ships without such systems are required to exchange ballast water taken at ports with “neutral” water from the middle of the ocean.
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Countries with Strict BWM Enforcement:
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- Australia and New Zealand are particularly vigilant about preventing ballast water from harming their marine ecosystems.
- Australia, a major exporter of coal and iron, sees frequent ballast water discharge and has ecologically sensitive areas like the Great Barrier Reef.
- Ships arriving at Australian ports undergo rigorous checks, including inspections of their ballast water management systems.
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Ballast water and SDGsBallast water has been a significant contributor to marine pollution and ecological imbalance. Its management is directly linked to several Sustainable Development Goals (SDGs). Key SDGs Linked to Ballast Water Management:
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Legal position in India:
IMO BWM Convention:
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- As of July 2, 97 countries have signed the Ballast Water Management (BWM) convention.
- India has not signed, so ships at Indian ports are not obligated to enforce the BWM convention.
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Current Regulations in Indian Ports:
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- Other regulations, like those related to oil discharge, are enforced.
- Ballast water discharge from other countries is not regulated or checked in Indian ports.
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Legal Perspective:
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- According to V. J. Mathew, a maritime law expert, Indian ports are facilitators of ship traffic and cannot be held liable for ballast water discharge.
- If a vessel is proven to have discharged ballast water that introduced invasive species, the vessel owner could be liable, provided there is a relevant law in place.
- Mr. Mathew emphasises the need for India to sign the BWM convention.
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