Lawyer Warns of Risk of Ballast Water Falsification
A lawyer with extensive experience in environmental matters warns there is a risk of falsification of ballast water records unless shipowners get a better handle on the rules in the US.
Within the next few years, all ships must be equipped with approved ballast water management systems when entering US waters unless the ship can meet another of the US Coast Guard’s options, most of which are not practical for ships trading internationally.
To ensure compliance shipowners should educate their crews about the rules and train them in operating the oftentimes complex systems. If not, history shows that seafarers can sometimes resort to falsification, if they are unsure of how to comply or do not have the necessary resources.
"If crew members are concerned with coming into the United States because they are not compliant, and do not know how to properly deal with such a non-compliance, my fear is that some crew members may falsify or create records that make it look like the vessel is in compliance when it is really not," says Jeanne Grasso, shipping lawyer at Blank Rome LLP in Washington, DC.
The pattern is familiar from previous cases in which crews have tampered with records to cover up the fact that a ship failed to comply with US environmental regulations under Marpol Annex 1.
"If that starts happening with ballast water also, it is going to get really ugly. In cases where ship owners, operators or crew members intentionally falsify documents to try to make it look like they are in compliance it is almost assured that it will turn into a criminal investigation once it is identified," explains Grasso.
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"Lawyer Warns of Risk of Ballast Water Falsification," by Niklas Krigslund was published in Shipping Watch on May 22, 2018.