01 Case Review
On October 20, 2025, law enforcement officers from the Weihai Maritime Safety Administration (MSA) Inspection Station conducted a PSC inspection on the vessel “ULTRA **” berthed at Longyan Port, simultaneously carrying out a Concentrated Inspection Campaign (CIC) on “Ballast Water Management”. The inspection revealed that after encountering “challenging water quality” (referring to special water quality conditions encountered by ships during ballast water management, such as high turbidity, high suspended solids, etc., which prevent the ballast water treatment system from operating normally) at the discharge port, the vessel failed to treat its ballast water as required by its Ballast Water Management Plan. It discharged over 2,600 cubic meters of untreated ballast water within China’s jurisdictional waters, 93-155 nautical miles off the coast of Fujian Province. The law enforcement officers immediately launched an investigation and evidence collection, verifying the ship’s ballast water treatment system operation records, ballast water record book, operational logs, etc., and informed the ship’s crew of the relevant requirements of the conventions and regulations.
This act violated the provisions of Regulation B-3 of the Annex to the International Convention for the Control and Management of Ships’ Ballast Water and Sediments and Article 79, Paragraphs 1 and 2 of the Marine Environment Protection Law of the People’s Republic of China. Based on Article 93, Paragraph 1, Item 5 and Paragraph 2 of the Marine Environment Protection Law of the People’s Republic of China, the Weihai Maritime Department imposed an administrative penalty on the shipowner. This is the first time the Weihai Maritime Department has imposed an administrative penalty on a foreign-flagged vessel for violating regulations concerning the discharge and management of ships’ ballast water and sediments based on the newly revised Marine Environment Protection Law of the People’s Republic of China.
02 What is Ballast Water?
Ballast water is seawater stored in a ship’s ballast tanks and cargo holds, water and suspended matter taken on board a ship to control trim, list, draught, stability, or stresses. It is used to improve a ship’s stability and maneuverability during navigation.
03 Why Should Ballast Water Not Be Discharged Indiscriminately?
The most important reason is to prevent species invasion! Ballast water contains a large number of organisms, including plankton, microorganisms, bacteria, even small fish, and eggs, larvae, or spores of various species. Once these organisms enter a new environment, they often cause biological invasions due to the lack of natural predators, spreading various parasites and pathogens, which can seriously impact local species, the environment, the economy, and public health. The Global Environment Facility (GEF) has listed it as one of the four major threats to the oceans, so ballast water must not be discharged indiscriminately!
04 Relevant Laws and Regulations 01
Marine Environment Protection Law of the People’s Republic of China
Article 79 (Excerpt) Within the sea areas under the jurisdiction of the People’s Republic of China, no vessel or related operation shall illegally discharge pollutants, wastes, ballast water and sediments, and other harmful substances such as ship garbage, sewage, oily water, water containing toxic and harmful substances, exhaust gas, etc., into the sea. Vessels shall, in accordance with relevant state regulations, take effective measures to treat and dispose of ballast water and sediments, strictly preventing and controlling the introduction of alien harmful organisms.
Vessels shall, in accordance with relevant state regulations, take effective measures to treat and dispose of ballast water and sediments, strictly preventing and controlling the introduction of alien harmful organisms.
02 Marine Environment Protection Law of the People’s Republic of China
Article 93 (Excerpt) Whoever, in violation of the provisions of this Law, commits any of the following acts shall be ordered to make corrections or ordered to take measures such as restricting production or suspending operations for rectification by the department or institution exercising the power of supervision and administration of the marine environment in accordance with this Law, and shall be concurrently fined; if the circumstances are serious, the case shall be reported to the people’s government with the power of approval for ordering the suspension of business or closure:
(5) Violating the provisions of this Law concerning the discharge and management of ships’ ballast water and sediments;
Whoever commits the act specified in item (5) of the preceding paragraph shall be fined not less than 10,000 yuan but not more than 200,000 yuan.
03
International Convention for the Control and Management of Ships’ Ballast Water and Sediments
Regulation B-3 of the Annex stipulates that the final ballast water management for international voyages requires that ballast water must be treated and can only be discharged after meeting the D-2 standard.
This standard has been mandatory worldwide since September 8, 2024.
05 Maritime Reminder
The Marine Environment Protection Law of the People’s Republic of China, which came into effect on January 1, 2024, incorporates the relevant requirements of the Ballast Water Management Convention, further clarifying and detailing the discharge control requirements for ballast water within China’s jurisdictional sea areas. With the full implementation of the ballast water D-2 discharge standard starting September 8, 2024, the management of ballast water will become even stricter. The Maritime Safety Administration kindly reminds shipping companies and crew members to strictly manage ballast water in accordance with the requirements of conventions and regulations to protect the marine ecological environment.
1. Conduct training on conventions and regulations to ensure company management personnel and crew members are aware of the latest requirements;
2. Update relevant certificates and documents promptly, including system documents and the Ballast Water Management Plan, to ensure they are consistent with convention and regulatory requirements;
3. Strengthen ballast water management, enhance shore-based support and guidance, maintain and service the ship’s ballast water management system as required, and ensure ballast water treatment and records comply with convention and regulatory requirements.
