US embassy cable - 05OTTAWA1708

UNCLAS SECTION 01 OF 02 OTTAWA 001708 
 
SIPDIS 
 
STATE FOR OES/ETC (FISHER), OES/OMC (KING), WHA/CAN 
(NELSON) 
 
INTERIOR FOR NATIONAL INVASIVE SPECIES COUNCIL STAFF 
(ORR) 
 
USCG FOR OFFICE OF ENVIRONMENTAL STANDARDS (LCDR KATHY 
MOORE) 
 
E.O. 12958: N/A 
TAGS: SENV, TBIO, CA, Transportation, Environment 
SUBJECT: CANADIAN BALLAST WATER REGULATION 
 
REF: State 99576 
 
1. ESTH Counselor conveyed demarche contained in reftel 
to Foreign Affairs Canada on May 31, with follow-up 
copies to Environment Canada and Transport Canada. 
Counselor and ESTH Specialist met on June 6 with 
Transport Canada (TC) officials responsible for Ballast 
Water regulations: Director General for Marine Safety, 
Gerard McDonald; Director Ships and Operations 
Standards, Richard Day; and Manager, Environmental 
Protection, Tom Morris.  Transport Canada is the lead 
agency on ballast water regulation. 
 
 
2. McDonald, Day and Morris explained that the element 
of concern identified in the demarche, that is, 
recommended exchange of ballast water in the U.S. EEZ, 
is not/not contained in Canadian draft regulations, but 
is part of an Advisory Annex, which does not have the 
force of law.  Furthermore, the advisory was directed 
only to vessels engaged in Coastwise Trade operating 
north of Cape Cod, Massachusetts, transiting to and 
from ports in the Bay of Fundy and coastal routes along 
the Scotian shelf en route to Canadian ports.  Because 
it is not contained in regulation, McDonald and his 
colleagues explained that they could easily remove the 
offending text from the Annex document or amend it. 
 
3. They explained that Section 4(4) of the draft 
"Ballast Water Control and Management" Regulations 
provide a ballast water management and exchange 
exemption for "vessels that operate exclusively between 
ports, offshore terminals or anchorage areas situated 
on the west coast of North America, north of Cape 
Blanco" and; "between ports, offshore terminals or 
anchorage areas situated on the east coast of North 
America, north of Cape Cod, and ports, anchorage areas 
or offshore terminals situated in the Bay of Fundy and 
the East Coast of Nova Scotia". The Advice contained in 
the Annex was intended to offer guidance to those 
exempt vessels (which would be exclusively U.S. or 
Canadian flag) on where to conduct ballast water 
exchange with minimal impact should they choose to do 
so. 
 
4. The proposed Regulations do stipulate mandatory 
ballast water exchange for all vessels which do not 
meet the exemption criteria; although the regulations, 
Section 6(3)(a) through 6(3)(d) provide for several 
areas in Canadian waters where that exchange can take 
place if it is impractical or unsafe to conduct Ballast 
Water exchange outside of Canadian waters. 
 
5. We understand that the new Canadian "Ballast Water 
Control and Management Regulations" are expected to be 
made public within the very near future.  The 
publication of the draft rule in the Canada Gazette I 
will mark the beginning of a 75-day public comment 
period.  McDonald said that Transport Canada would be 
happy to consider the Embassy's diplomatic note as a 
comment on the draft regulations, but would equally 
welcome any other comments the U.S. wished to submit. 
The draft regulations are part of "phase 1" regulations 
needed to implement Canada's new shipping act, which 
Transport Canada hopes to make effective in 2006. 
 
6. Morris explained that the draft regulations on 
ballast water are essentially an "exchange" 
requirement.  However, the regulations also recognize 
the provisions of the International Maritime 
Organization agreement on ballast water by allowing for 
"treatment" to the international accepted standard - 
even though there is not yet an approved treatment 
method available. 
 
7. McDonald and his colleagues reiterated that they are 
very keen to maintain a close working relationship with 
the U.S. on ballast water measures. They anticipate 
heightened political pressure in Canada to make 
progress on regional standards with the United States, 
but understand that any progress on our side is 
contingent on the fate of several pieces of legislation 
now before the Congress.  When asked about Canadian 
ratification of the IMO agreement on ballast water, 
McDonald said it was generally assumed in the 
government that Canada would ratify, but there has not 
yet been a firm decision to do so. 
 
Dickson