1 A ship conducting Ballast Water exchange to
meet the standard in regulation D-1 shall:
-
.1 whenever possible, conduct such Ballast Water
exchange at least 200 nautical miles from the nearest land and in
water at least 200 metres in depth, taking into account the Guidelines
developed by the Organization;
-
.2 in cases where the ship is unable to conduct
Ballast Water exchange in accordance with paragraph 1.1, such Ballast
Water exchange shall be conducted taking into account the Guidelines
described in paragraph 1.1 and as far from the nearest land as possible,
and in all cases at least 50 nautical miles from the nearest land
and in water at least 200 metres in depth.
2 In sea areas where the distance from the nearest
land or the depth does not meet the parameters described in paragraph
1.1 or 1.2, the port State may designate areas, in consultation with
adjacent or other States, as appropriate, where a ship may conduct
Ballast Water exchange, taking into account the Guidelines described
in paragraph 1.1.
3 A ship shall not be required to deviate from
its intended voyage, or delay the voyage, in order to comply with
any particular requirement of paragraph 1.
4 A ship conducting Ballast Water exchange shall
not be required to comply with paragraphs 1 or 2, as appropriate,
if the master reasonably decides that such exchange would threaten
the safety or stability of the ship, its crew, or its passengers because
of adverse weather, ship design or stress, equipment failure, or any
other extraordinary condition.
5 When a ship is required to conduct Ballast Water
exchange and does not do so in accordance with this regulation, the
reasons shall be entered in the Ballast Water record book.