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Page 1: 4 Justin Cross evidence - channel design and dredging - … · uhtxluhg wr hqvxuh doo guhgjlqj frqwudfwru hpsor\hhv dqg guhgjh yhvvho fuhz kdyh uhfhlyhg wkh wudlqlqj 7kh

RNZ DMP

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RNZ DMP

3 Environmental Management Structure

3.1 Roles and Responsibilities

3.1.1 Refining NZ

Table 4

Position Role

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3.2 Training Requirements

3.3 Emergency Contact and Response

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Table 5Table 6

Environmental Incidence Contacts

Emergency Services

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4 Legislation and Statutory Obligations

4.1 Legislative Context

4.2 Other relevant documents, guidelines, codes and best practice

4.2.1 Planning InstrumentsNational Statutory Planning Instruments

Regional Statutory Planning Instruments

4.2.2 Other Legislation, Regulations and Policies

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5 Implementation and Environmental Management Measures

5.1 Environmental Management Measures and Monitoring

5.1.1 Coastal Birds

5.1.2 Marine Ecology

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Motukaroro Island Marine Reserve*

Calliope Bank M1MA**

Mair Bank M1MA**

Home Point M1MA*

Bream Bay (including 3 Mile Reef)**

Tier 1

Tier 2

Tier 3

5.1.3 Noise

5.1.4 Marine Mammals

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5.1.5 Archaeology and Heritage

5.1.6 Hazardous Substances

5.1.7 Navigation and Existing Harbour/Bay Users

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5.2 Complaints Handling

Method of complaint Contact Details

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5.3 Communication

5.3.1 Website Obligations

5.4 Dredge Record-Keeping

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6 Reporting and Review Procedures

6.1 Compliance Reporting

Report Consent condition reference Content Timeframe Recipient

6.2 Environmental Schedules, Incident and Non–Compliance Reporting

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6.3 Reviews of the Plan

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7 References

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Appendix 1 Project Consent Conditions

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ANNEXURE F:

Biosecurity Management Plan (Draft)

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Refining NZ

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RNZ BMP

HASKONING AUSTRALIA PTY LTD.

TF E W

Disclaimer

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Table of Contents

1 Introduction 31.1 Background 31.2 Project Consent 31.3 Biosecurity Management Plan Objectives 3

2 Potential IMS 52.1 Existing Environment 52.2 Potential Impacts of IMS 62.3 Pathways for IMS and risk reduction measures 72.3.1 Biofouling 72.3.2 Ballast water 82.3.3 Other risk sources 8

3 Statutory Framework and Guidelines 93.1 Key Legislation, Policies, Plans 93.1.1 Biosecurity Act 1993 103.1.2 Pest Management National Plan of Action 2011 103.1.3 Resource Management Act 1991 103.1.4 New Zealand Biodiversity Strategy and Action Plan 113.1.5 Maritime Transport Act 1994 113.1.6 Whangarei Marine Biosecurity Charter 2013 113.1.7 Northland Regional Marine Pathway Management Plan 2017 113.2 International Legislation and Guidelines 12

4 Description of Dredge Vessels 134.1 Dredging Overview 134.2 Dredge Vessel Details 134.3 Immersible Equipment 134.4 Potential Biosecurity Risks 134.4.1 Vessel 1 144.4.2 Vessel 2 144.4.3 Vessel 3 14

5 Implementation and Risk Management Measures 155.1 IHS and CRMS Standards 155.1.1 Ballast Water Import Health Standard 155.1.2 Craft Risk Management Standard – Biofouling (CRMS-Biofoul) on Vessels Arriving to

New Zealand 165.2 Risk Management Measures 165.2.1 Vessel Risk Reduction and Management Procedures 17

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5.2.2 Immersible Equipment Risk Reduction and Management Procedures 175.3 Inspection Program and Procedures 175.4 Roles and Responsibilities 175.5 Training Requirements 185.6 Reporting and Review 18

6 References 19

Table of Tables

Table 1: IMS and potential impacts (sourced from www.environmentguide.org.nz, adapted from MPI’s New Zealand’s Marine Pest Identification Guide, 2012). ..................................... 6Table 2: Relevant biosecurity legislation, polices and plans............................................... 10Table 3: Details of specified dredge vessels......................................................................... 13Table 4: Biofouling thresholds for long stay vessels (Source: CRMS - Biofoul)................ 16Table 5: Roles and responsibilities of stakeholders ............................................................ 17

Table of FiguresNo table of figures entries found.

Appendices

Appendix 1 Project Consent Conditions

Appendix 2 Ballast Water Import Health Standards

Appendix 3 Craft Risk Management Standard – Biofouling on Vessels Arriving to New Zealand and Guidance Document

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1 Introduction

1.1 Background

1.2 Project Consent

Appendix 1

1.3 Biosecurity Management Plan Objectives

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RNZ BMP

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2 Potential IMS

2.1 Existing Environment

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2.2 Potential Impacts of IMS

Table 1

Species Status in New Zealand Impacts

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2.3 Pathways for IMS and risk reduction measures

2.3.1 Biofouling

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Section 5.1.2

2.3.2 Ballast water

Section 5.1.1

2.3.3 Other risk sources

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3 Statutory Framework and Guidelines

Section 5.1

Section 5.1

Section 3.1

3.1 Key Legislation, Policies, Plans Table 2

Government Level Body Legislation/Policy/Plan

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3.1.1 Biosecurity Act 1993

.

Section 5.1

Biosecurity Law Reform Act 2012

3.1.2 Pest Management National Plan of Action 2011

Section 2.3

3.1.3 Resource Management Act 1991

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3.1.4 New Zealand Biodiversity Strategy and Action Plan

3.1.5 Maritime Transport Act 1994

3.1.6 Whangarei Marine Biosecurity Charter 2013

3.1.7 Northland Regional Marine Pathway Management Plan 2017

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3.2 International Legislation and Guidelines

International Maritime Organisations (IMO) –‘International Convention for the Control and Management of Ships’ Ballast Water and Sediments’

Convention on Biological Diversity - specifically identifies the need to “control or eradicate those alien species which threaten ecosystems, habitats or speciesUnited Nations Convention of the ‘Law of the Sea’ - specifically “protection and preservation of the marine environment”.

Section 5.2

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4 Description of Dredge Vessels

4.1 Dredging Overview

4.2 Dredge Vessel Details

Vessel 1 Vessel 2 Vessel 3

4.3 Immersible Equipment

4.4 Potential Biosecurity Risks

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4.4.1 Vessel 1

4.4.2 Vessel 2

4.4.3 Vessel 3

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5 Implementation and Risk Management Measures

5.1 IHS and CRMS Standards

5.1.1 Ballast Water Import Health Standard

Appendix 2

2.

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5.1.2 Craft Risk Management Standard – Biofouling (CRMS-Biofoul) on Vessels Arriving to New Zealand

Appendix 3

Hull part Allowable biofouling

;

5.2 Risk Management Measures

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5.2.1 Vessel Risk Reduction and Management Procedures

5.2.2 Immersible Equipment Risk Reduction and Management Procedures

5.3 Inspection Program and Procedures

5.4 Roles and Responsibilities

Table 5

Role Responsibility

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5.5 Training Requirements

5.6 Reporting and Review

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6 References

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Appendix 1 Project Consent Conditions

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Appendix 2 Ballast Water Import Health Standards

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Impo

rt He

alth S

tanda

rd

Ballast Water from All Countries

17 May 2016

Issued under the Biosecurity Act 1993

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Import Health Standard: Ballast Water from All Countries 17/05/2016

TITLEImport Health Standard: Ballast Water from All Countries

COMMENCEMENT This Import Health Standard comes into force on the date of signing.

ISSUING AUTHORITYThis Import Health Standard is issued under section 24A of the Biosecurity Act 1993.

Dated at Wellington this 17th day of May 2016

Peter ThomsonDirector, Plants, Food & EnvironmentMinistry for Primary Industries (acting under delegated authority of the Director-General)

Contact for further informationMinistry for Primary Industries (MPI)Regulation & Assurance BranchPlants, Food and Environment DirectoratePO Box 2526, Wellington 6140Email: [email protected]

Ministry for Primary Industries Page 1 of 8

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Import Health Standard: Ballast Water from All Countries 17/05/2016

Contents Page

Introduction 3

Part 1: Requirements 5 1.1 Application 5 1.2 Incorporation of material by reference 5 1.3 Definitions 5 1.4 Operator’s Responsibility 5 1.5 Required Information 5 1.6 Requirements for ballast water and sediments 6 1.7 Requirements for ballast water managed in restrictive situations 7

Schedule 1 - Definitions 8

Ministry for Primary Industries Page 2 of 8

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Import Health Standard: Ballast Water from All Countries 17/05/2016

IntroductionThis introduction is not part of the import health standard (IHS), but is intended to indicate its general effect.

PurposeThe purpose of this IHS is to set out the minimum requirements that must be met for vessel ballast water loaded within the territorial waters of a country other than New Zealand and intended for discharge in New Zealand waters. Compliance with the requirements is intended to minimise the introduction of harmful aquatic species to New Zealand.

BackgroundVessels' ballast water is one of the two major means by which marine species have spread beyond their native range. The other means is as biofouling on the vessel hull. The Biosecurity Act 1993 (the Act) prescribes requirements for the exclusion, eradication and effective management of pests and unwanted organisms in New Zealand. These organisms have the potential to cause harm to natural and physical resources and human health in New Zealand. The Ministry for Primary Industries (MPI) is responsible for enforcing the provisions of the Biosecurity Act 1993.This IHS sets out the minimum requirements that must be met before every tank of ballast water, loaded within the territorial waters of a country other than New Zealand, is discharged in New Zealand waters.

NoteIn future, this standard is likely to be revoked and replaced with requirements set by rules under the New Zealand Maritime Transport Act.

Who should read this IHS? Owners, operators and person in charge of vessels (sea-craft) capable of carrying ballast water, loaded within the territorial waters of a country other than New Zealand and entering New Zealand waters.

Why is this important?The operator of a vessel, or person in charge of the vessel, must take all reasonable steps to ensure that ballast water and any associated sediment, intended for discharge in New Zealand waters, comply with the conditions in the standard. Non-compliance with this IHS may result in an inspector giving directions under section 19 of the Biosecurity Act 1993 (the Act) to mitigate the risk of discharging the ballast. Failure to obey the directions of an inspector is an offence under section 154N (10). It carries a penalty for individuals of a fine not exceeding NZ$50,000, or imprisonment for up to 3 months, or both and for corporations a fine not exceeding NZ$100,000.

CostsThe cost of MPI inspection, analysis, identification, delays and any other costs associated with this standard are the responsibility of the owner and/or charterer. MPI costs will be charged as per the current Biosecurity (Costs) Regulations.

Ministry for Primary Industries Page 3 of 8

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Import Health Standard: Ballast Water from All Countries 17/05/2016

Document historyThis IHS was first released by Ministry of Fisheries in 2000 and revised by Ministry of Agriculture and Forestry in 2005. This current revision removes listed high risk areas and the compliance measure of discharge to onshore treatment facilities. It adds detail, regarding the measure of shipboard treatment as, when the IMO Convention for The Control and Management of Ships’ Ballast Water and Sediments 2004 comes into force, all vessels will be required to carry shipboard treatments.

Ministry for Primary Industries Page 4 of 8

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Import Health Standard: Ballast Water from All Countries 17/05/2016

Part 1: Requirements

1.1 Application(1) This Import Health Standard (IHS) applies to ballast water loaded within the territorial waters of a

country other than New Zealand and intended for discharge in New Zealand waters. (2) This IHS does not apply to:

a) ballast water that will not be discharged in New Zealand waters; b) ballast water loaded in New Zealand waters; orc) emergency discharge of ballast water for ensuring the safety of a ship or saving life at sea.

1.2 Incorporation of material by reference(1) The following MPI material is incorporated by reference in this IHS under section 142M of the

Biosecurity Act 1993 (the Act): a) List of approved shipboard ballast water treatment systems

(http://www.mpi.govt.nz/news-and-resources/resources/registers-and-lists/ballast-treatment/) (2) Under section 142O(3) of the Act it is declared that section 142O(1) does not apply, that is, a notice

under section 142O(2) of the Act is not required to be published before material that amends or replaces the above list has legal effect as part of this document.

1.3 Definitions(1) Definitions of terms used in this IHS are set out in Schedule 1.(2) Terms used in this IHS that are defined in the Act have the meanings set out in the Act unless a

different meaning is given in Schedule 1. The Act is available at http://www.legislation.govt.nz/act/public/1993/0095/latest/whole.html.

1.4 Operator’s Responsibility(1) The operator, or person in charge of the vessel, must ensure that the ballast water for discharge in

New Zealand waters and any associated sediment intended for landing in New Zealand comply with this IHS.

(2) Nothing in this IHS relieves the operator, or person in charge of the vessel, of his or her primary responsibility of ensuring the safety of the vessel.

1.5 Required Information(1) An operator, or person in charge of a vessel, that will enter New Zealand waters must ensure that Part

2 of the Ballast Water Declaration form is completed. This asks for the following information:

the vessel’s identification, arrival date, and location;the intention to discharge ballast water from a vessel in New Zealand waters;whether the ballast water is fresh water;whether exchange or a ship board treatment system will be used to meet this IHS.

Ministry for Primary Industries Page 5 of 8

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Import Health Standard: Ballast Water from All Countries 17/05/2016

(2) An operator, or person in charge of a vessel, intending to discharge ballast in New Zealand watersmust ensure that Part 3 of the Ballast Water Declaration form is completed. It will be used to determine if permission to discharge ballast water will be granted.

(3) The relevant Ballast Water Declaration forms must be completed before arrival in New Zealand waters and must accompany the advance notice of arrival under section 17 of the Act to the email address given in the MPI website.

GuidanceVessel operators or owners are encouraged to ensure vessels have a ballast water management plan tailored for their vessel’s operations and to keep a record book of actions and procedures undertaken in the implementation of this plan. The plan and record book should preferably use the templates provided in the IMO Convention for “The Control and Management of Ships’ Ballast Water and Sediments”, 2004.

1.6 Requirements for ballast water and sediments(1) No ballast water may be discharged into New Zealand waters unless it meets one of the options below

and the operator, or person in charge of a vessel, has received permission from an inspector:a) Option 1

The ballast water has been exchanged with mid-ocean seawater en route to New Zealand in areas free from coastal influences preferably at least 200 nautical miles (nm) from the nearest land; and in water of over 200 m in depth.

Accepted techniques are either emptying and refilling ballast tanks or holds with an efficiency of 95% volumetric exchange, or pumping through the tanks a water volume equal to at least three times the tank capacity; or

b) Option 2 The ballast water is fresh water (not more than 2.5 parts per thousand of sodium chloride); or

c) Option 3 The ballast water has been treated using a shipboard treatment system listed in the MPI List of Approved Ballast Water Treatment Systems. See http://www.mpi.govt.nz/news-and-resources/resources/registers-and-lists/ballast-treatment/.

GuidanceAll MPI approved treatment systems have also been type-approved in accordance with the IMO Guidelines G8 and G9 by a relevant administration in at least one country.

IMO Guideline G8: Guidelines for approval and oversight of prototype ballast water treatment technology programmeshttp://www.imo.org/blast/blastDataHelper.asp?data_id=15756&filename=140(54).pdfIMO Guideline G9: Procedure for Approval of Ballast Water Management Systems that make use of Active Substanceshttp://www.imo.org/blast/blastDataHelper.asp?data_id=22479&filename=169(57).pdf

Tanks are normally pumped no more than two at a time as symmetrical pairs of tanks to ensure the safety of the vessel. Permission to discharge ballast water is automatically sought when the completed Ballast Water Declaration is sent to MPI.

Ministry for Primary Industries Page 6 of 8

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Import Health Standard: Ballast Water from All Countries 17/05/2016

Permission to discharge ballast water is granted when an inspector approves the discharge and sends this permission to the vessel by the usual channels. Discharge of ballast is denied when an inspector does not approve the discharge and sends ‘decline of permission’ to the vessel.

The current Ballast Water Declaration forms to be used are available on the MPI website.

(2) The original Ballast Water Declaration forms signed by the operator or person in charge must be kept on board while in New Zealand.

(3) Sediment which has settled and been removed from ballast tanks, ballasted cargo holds, sea-chests, anchor lockers or other equipment must not be discharged into New Zealand waters. If sediment cleared from these areas is intended for landing in New Zealand, the sediment must not be landed until an inspector has given clearance. It must be taken, as directed by an inspector, to a landfill that has no drainage to the sea either directly or indirectly via other water bodies.

1.7 Requirements for ballast water managed in restrictive situations(1) Where circumstances prevent the requirements of the standard being met, the operator or person in

charge must: a) give notice to an inspector that the vessel is not able to comply with requirements; b) describe the circumstances for non-compliance;c) discharge ballast water only as directed by an inspector.

Guidance

In some circumstances mid-ocean exchange of ballast water may not be possible. An exemption by MPI will generally be granted when it can be demonstrated that the weather conditions on the voyage in combination with the construction of the vessel preclude safe ballast water exchange.

When permission to discharge is given in these situations the operator, or person in charge of a vessel, may be asked to ensure that the least amount feasible of non-compliant ballast water is discharged in New Zealand waters or that it be discharged in a certain location.

Ministry for Primary Industries Page 7 of 8

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Import Health Standard: Ballast Water from All Countries 17/05/2016

Schedule 1 - DefinitionsBallast water Water (including its suspended matter, biological or otherwise), taken on board a ship to control the draft, trim,list, draught or regulate stability or stresses.

IMOThe UN International Maritime Organisation.

InspectorAn inspector appointed under section 103 of the Biosecurity Act 1993.

New Zealand waters The internal waters and the New Zealand Territorial Sea.

Internal waters Harbours, estuaries, and other areas of the sea that are on the landward side of the baseline of the territorial sea and rivers and other inland waters that are navigable by ships.

New Zealand Territorial SeaThe sea within 12 nautical miles of the seaward side of the baseline as described in section 3 of the Territorial Sea, Contiguous Zone and Exclusive Economic Zone Act 1977.

MPIMinistry for Primary Industries

Ministry for Primary Industries Page 8 of 8

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RNZ BMP

Appendix 3 Craft Risk Management Standard – Biofouling on Vessels Arriving to New Zealand and Guidance Document

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Craft

Risk

Man

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Biofouling on Vessels Arriving to New Zealand CRMS - BIOFOUL 15 May 2014

A craft risk management standard issued under the Biosecurity Act 1993

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Craft Risk Management Standard: Biofouling on Vessels Arriving to New Zealand . 15 May 2014

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TITLE Craft Risk Management Standard: Biofouling on Vessels Arriving to New Zealand

COMMENCEMENT This Craft Risk Management Standard comes into force on the 15th of May 2018

ISSUING AUTHORITY This Craft Risk Management Standard is issued Dated at Wellington this day of 2014 Peter Thomson Director, Plants, Food & Environment Ministry for Primary Industries (acting under delegated authority of the Director General) A copy of the instrument of delegation may be inspected at the Director General’s office. Contact for further information Ministry for Primary Industries (MPI) Standards Branch Plants, Food and Environment Directorate PO Box 2526, Wellington 6140 Email: [email protected]

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Contents Page

Introduction 3

Part 1: Preliminary Provisions 4 1.1 Application 4 1.2 The outcome this standard is seeking to achieve 4 1.3 Incorporation of material by reference 4

Part 2: Requirements 5 2.1 ‘Clean Hull’ requirement 5 2.2 ‘Clean Hull’ thresholds 5 2.3 Acceptable measures for meeting the standard 6 2.4 Information requirements 7

Appendix 1: Definitions 8

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Introduction This introduction is not part of the Craft Risk Management Standard, but is intended to indicate its general effect.

Purpose (1) This Craft Risk Management Standard (CRMS) specifies the requirements for management of

biofouling risk associated with vessels (sea craft) that are entering New Zealand territorial waters.

Background (2) Vessel biofouling is a major pathway for the introduction of non-indigenous marine organisms into New

Zealand’s territorial waters, some of which may be harmful to New Zealand’s resources, economy, environment, and/or people’s health and well being. This CRMS manages the risk of introduction into New Zealand’s territorial waters of harmful organisms associated with arriving vessels.

Who should read this Craft Risk Management Standard? (3) Operators and persons in charge of either vessels based in New Zealand, voyaging in and out of the

country, or vessels originating from outside and arriving into New Zealand territory as occasional or regular visitors.

Why is this important? (4) An operator or the person in charge of a vessel, must take all reasonable steps to comply with this

standard. Any vessel that does not meet the requirements of this standard is likely be directed under section 32 or 33 of the Biosecurity Act 1993 (the Act) to take action to mitigate the risk and, if mitigation measures cannot be taken, is likely to be directed to leave New Zealand.

(5) Deliberate non-compliance with the requirements of this standard or negligence leading to non-compliance will lead to increased intervention regimes (e.g. inspections or audits).

Other information (6) A four year lead-in period from the date of issue to commencement of enforcement of this standard is

included to allow shipping, and other vessel operators, time to make any adjustments needed to their hull maintenance regimes. Voluntary compliance is encouraged during the lead-in period.

(7) A guidance document giving information needed for complying with this standard will be available on the MPI website.

(8) A vessel operator may submit, for MPI approval, a Craft Risk Management Plan under section 24K of the Act as an alternative to meeting the requirements of the CRMS. Under the Act, such a plan must contain requirements that are equivalent to but different from those specified in the CRMS.

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Part 1: Preliminary Provisions

1.1 Application (1) This standard applies to the operator or person in charge1 of any vessel that will anchor, berth or be

brought ashore in New Zealand after a voyage originating outside New Zealand’s territorial waters2. It does not apply where a vessel has not entered the territorial waters of another country ever or since it was last verified as compliant3.

(2) This standard applies to the risk of the introduction into New Zealand of harmful organisms carried as biofouling on the submerged or periodically submerged parts of the hull4.

1.2 The outcome this standard is seeking to achieve (1) The outcome of this standard is to minimise the entry into New Zealand of those harmful organisms

that constitute vessel biofouling5 or are harboured in the biofouling6.

1.3 Incorporation of material by reference (1) The following documents are incorporated by reference:

i) IMO guidelines, the 2011 Guidelines for the Control and Management of Ships' Biofouling to Minimize the Transfer of Invasive Aquatic Species (Resolution MEPC.207(62)), adopted on 15 July 2011, or updates of these guidelines.

ii) Approved Biosecurity Treatments MPI-STD-ABTRT, the current version at time of reference

(2) Under section 142O(3) of the Biosecurity Act, it is declared that section 142O(1) does not apply. That is, a notice under section 142O(2) of the Act is not required to be published before material, that amends or replaces any material incorporated by reference, has legal effect as part of the documents in (1) above.

1 Any specific component of meeting the Requirements is expected to be carried out by an operator or person in charge of the vessel – in particular, whoever has this type of activity as part of their normal duties or responsibilities in respect to the vessel 2 See definition in Definitions (Appendix 1) 3 Means verified by an MPI-approved provider following inspection of the hull 4 See definition of ‘hull’ in Definitions (Appendix 1) 5 Such as algae, barnacles, mussels and oysters 6 Such as free living worms, sea-stars, fish or shrimps

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Part 2: Requirements

2.1 ‘Clean Hull’ requirement (1) A vessel must arrive in New Zealand7 with a ‘clean hull’. (2) A hull is considered to be a ‘clean hull’ when no biofouling of live organisms is present other than that

within the thresholds below.

2.2 ‘Clean Hull’ thresholds (1) The following criteria are used in assessing whether a vessel has a ‘clean hull’ according to vessel

category. There are two different vessel categories and applicable biofouling thresholds. These are for 1) long-stay vessels and 2) short-stay vessels and are explained below. The vessel category applies from time of arriving to New Zealand to time of departing New Zealand territory. The thresholds of allowable biofouling for each category are given in Tables 1 and 2.

(2) The meaning of 'hull' (including various parts mentioned in Table 1 and 2) is given in Definitions (Appendix 1). a) ‘Long-stay vessels’ means those vessels intending to remain in New Zealand for 21 days or

longer, or those vessels intending to visit areas other than those designated under section 37 of the Biosecurity Act 1993 (the Act) as ‘Places of First Arrival’.

Table 1: Biofouling Threshold for Long-Stay Vessels

Hull part Allowable biofouling

All hull surfaces Slime layer; Goose barnacles

b) ‘Short-stay vessels’ means those vessels intending to remain in New Zealand for 20 days or

less and to only visit places designated under section 37 of the Act as ‘Places of First Arrival’. These vessels generally remain under ‘biosecurity surveillance’ while in New Zealand territory rather than becoming fully cleared of risk goods.

Table 2: Biofouling Threshold for Short-Stay Vessels

Hull part Allowable biofouling

All hull surfaces Slime layer; Goose barnacles.

Wind and water line Green algae growth of unrestricted cover and no more than 50 mm in frond, filament or beard length; Brown and red algal growth of no more than 4 mm in length; Incidental (maximum of 1%) coverage of one organism type of either tubeworms, bryozoans or barnacles, occurring as:

isolated individuals or small clusters; and a single species, or what appears to be the same species.

7 Arrive in New Zealand, in relation to a vessel, means to anchor, berth , or come ashore in NZ territory after a voyage originating outside NZ territory

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Hull area Algal growth occurring as: no more than 4 mm in length; and continuous strips and/or patches of no more than 50 mm in width.

Incidental (maximum of 1%) coverage of one organism type of either tubeworms, bryozoans or barnacles, occurring as:

isolated individuals or small clusters that have no algal overgrowth; and a single species, or what appears to be the same species.

Niche areas Algal growth occurring as: no more than 4 mm in length; and continuous strips and/or patches of no more than 50 mm in width.

Scattered (maximum of 5%) coverage of one organism type of either tubeworms, bryozoans or barnacles, occurring as:

widely spaced individuals and/or infrequent, patchy clusters that have no algal overgrowth; and a single species, or what appears to be the same species; and

Incidental (maximum of 1%) coverage of a second organism type of either tubeworms, bryozoans or barnacles, occurring as:

isolated individuals or small clusters that have no algal overgrowth; and a single species, or what appears to be the same species.

Guidance Refer to the guidance document for illustrations and photo examples of the biofouling allowances.

2.3 Acceptable measures for meeting the standard (1) One of the following measures must be applied to meet the ‘Clean Hull’ requirement:

a) Cleaning before visit to New Zealand, (or immediately on arrival in a facility or by a system, approved8 by MPI). All biofouling must be removed from all parts of the hull and this must be carried out less than 30 days before arrival to New Zealand or within 24 hours after time of arrival

b) Continual Maintenance using best practice including: application of appropriate antifoul coatings; operation of marine growth prevention systems on sea-chests; and in-water inspections with biofouling removal as required. Following the IMO Biofouling Guidelines9 is recognised as an example of best practice

c) Application of Approved Treatments10. Treatments are approved and listed under the Approved Biosecurity Treatments MPI-STD- ABTRT.

Guidance As an alternative to the Acceptable Measures above, a vessel operator may submit, for MPI approval, a Craft Risk Management Plan under section 24K of the Act (which includes steps that will be taken to reduce risk to the equivalent degree as meeting the requirements of this standard)

8 Means approved as a transitional facility under section 39 of the Act 9 The current version, including templates for biofouling management plans and records, can be read on MPI’s website here http://www.biosecurity.govt.nz/files/biosec/policy-laws/intl/2011-imo-guidelines.pdf. 10 ‘Approved Treatment’ includes any treatment for meeting the outcome of standard that has received MPI approval and is listed on the MPI website.

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Guidance Refer to the Guidance Document for information on: how to apply for approval of treatments, requirements for approval of treatments, and list of generally available approved treatments and for examples of evidence of measures that can be presented on arrival to expedite clearance.

2.4 Information requirements (1) Prior to arriving in New Zealand all operators of vessels must provide to MPI the following information

(via the Advanced Notice of Arrival and associated documents). a) Intended length of stay within New Zealand territory and intentions in respect of places to be

visited b) Whether the vessel has spent any extended periods mainly stationary in a single location c) If the vessel is coming in to undergo biofouling cleaning on arrival, any formal arrangement for

cleaning or treatment and whether they will be undertaken immediately upon arrival (within 24 hours)

d) What measures have been or will be used to meet the requirements of the standard, or e) Whether the operator has chosen to operate an MPI approved Craft Risk Management Plan

(CRMP) as an alternative to meeting the requirements of the standard.

(2) The following information (if relevant) must be held on the vessel and provided to MPI in an appropriate form if requested. (This is in addition to information to be provided prior to arrival). a) Information on the antifouling regime and any marine growth prevention systems used b) Whether applying the IMO Biofouling Guidelines, including employing a biofouling management

plan showing the hull maintenance and inspection regime and records of biofouling management kept, preferably consistent with the template in the IMO guidelines11

c) If applicable to the vessel, its latest International Anti-fouling System Certificate or International Anti-fouling System Declaration

d) Date and reporting from the latest hull biofouling inspection (undertaken either on land or in-water) that was initiated by the vessel operator.

11 The current version, including templates for biofouling management plans and records, can be read on MPI’s website here http://www.biosecurity.govt.nz/files/biosec/policy-laws/intl/2011-imo-guidelines.pdf.

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Appendix 1: Definitions The following terms and definitions apply to this Standard. Other terms used are as per the Biosecurity Act 1993.

algal growth Growth of algae that is visible to the naked eye. Algae may be either single celled filamentous forms or multi-celled macroalgae (seaweed) species and includes coralline algae.

biofouling The accumulation of aquatic organisms such as micro-organisms, plants and animals on surfaces and structures immersed in or exposed to the aquatic environment.

goose barnacles Also called stalked barnacles or gooseneck barnacles, goose barnacles are ubiquitous foulers of tropical, subtropical and temperate seas, with a wide oceanic distribution that includes attachment to drift wood, floating plant debris and vessel hulls, as well as turtles and whales.

harmful organisms Organisms that may cause unwanted harm to natural and physical resources or human health in New Zealand

hull The immersed (including occasionally immersed) surfaces of a vessel including the following three parts. The definition of hull includes pontoons.

hull area The immersed surfaces of a vessel excluding niche areas and wind/water line. niche areas Areas on a vessel hull that are more susceptible to biofouling due to different hydrodynamic forces, susceptibility to coating system wear or damage, or being inadequately, or not, painted, e.g., sea chests, bow thrusters, propeller shafts, inlet gratings, dry-dock support strips, etc. Includes appendages. wind and water line The area of the hull that is subject to alternating immersion due to a vessel’s movement or loading conditions (also known in shipping as the Boot-top).

IMO International Maritime Organisation

New Zealand’s territorial waters The territorial sea and the internal waters which together comprise the sea surrounding New Zealand out to 12 nautical miles from an internal baseline as described in the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977.

slime layer A layer of microscopic organisms, such as bacteria and diatoms, and the slimy substances that they produce. vessel or sea-craft Is a subset of ‘craft’ as defined by the Act and means every description of boat or other craft used in water navigation, whether or not it has any means of propulsion; also includes: a barge, lighter, hovercraft or floating drilling rig. It does not include aircraft.

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Guida

nce D

ocum

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Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Accompanying Information for the Craft Risk Management Standard for Biofouling on Vessels Arriving to New Zealand. This Guidance Document is intended for use once the CRMS comes into force in 2018. .

A guidance document issued by the Ministry for Primary Industries

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

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Title Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand

About this document This document contains guidance material to be read with the Craft Risk Management Standard for Biofouling on Vessels Arriving to New Zealand (the CRMS) which comes into force in 2018.

Related Requirements This guidance relates to the requirements of the CRMS.

The CRMS applies to vessels coming into New Zealand territory from the point when they enter the seaward boundary of the territorial sea (12 nautical miles from the coastal baseline), and for all the time they remain in the territory including in the internal waters.

Contact Details Ministry for Primary Industry (MPI) Standards Branch Plants Food and Environment Directorate PO Box 2526 Wellington 6140 Email: [email protected]

Disclaimer This guidance does not constitute, and should not be regarded as, legal advice. While every effort has been made to ensure the information in this guidance is accurate, the Ministry for Primary Industries does not accept any responsibility or liability whatsoever for any error of fact, omission, interpretation or opinion that may be present, however it may have occurred.

Copyright

Crown copyright ©. This copyright work is licensed under the Creative Commons Attribution 3.0 New Zealand licence. In essence, you are free to copy, distribute and adapt the work, as long as you attribute the work to the Ministry for Primary Industries and abide by the other licence terms. To view a copy of this licence, visit http://creativecommons.org/licenses/by/3.0/nz/. Please note that no governmental emblem, logo or Coat of Arms may be used in any way which infringes any provision of the Flags, Emblems, and Names Protection Act 1981 or would infringe such provision if the relevant use occurred within New Zealand. Attribution to the Ministry for Primary Industries should be in written form and not by reproduction of any such emblem, logo or Coat of Arms.

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Contents

1 Purpose 3

2 Background 3

3 Definitions 3

4 The ‘clean hull’ requirement and how to meet it 3 4.1 Meeting the ‘clean hull’ requirement by cleaning in preparation for visit to New Zealand 4 4.2 Meeting the ‘clean hull’ requirement by continual maintenance 4 4.3 Meeting the ‘clean hull’ requirement by using approved treatments 6

5 Craft risk management plans 6

6 Acceptable Evidence 7 6.1 For vessels achieving compliance by cleaning before or on arrival 7 6.2 For vessels relying on continual maintenance to comply 7

7 Verification, inspection, direction of non-compliant vessels and costs 8

8 Measures that MPI may direct vessels to undertake if non-compliant 8

9 Expediting clearance 9

10 Additional guidance for classes of vessels 9 10.1 Commercial shipping 9 10.2 Slow movers 10 10.3 Recreational vessels 10

11 Information for providers and facility operators 11

12 Available approved treatments, approved cleaning facilities and their operators, approved inspection providers 11

Appendix 1 IMO Guideline templates for Biofouling Management Plan and Record Book 12

Appendix 2 Description and illustrative examples of the biofouling allowances in Tables 1 and 2 of the CRMS (to be applied after CRMS comes into force in 2018) 24

Appendix 3 Template for a Craft Risk Management Plan 30

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1 Purpose This document contains guidance material to be read with the Craft Risk Management Standard for Biofouling on Vessels Arriving to New Zealand (the CRMS) which comes into force in 2018. The CRMS is a standard under the Biosecurity Act 1993 with which an operator or person in charge of a craft must (according to section 24J of the Act) comply.

2 Background The CRMS is intended to ensure the risk of harmful organisms being introduced into New Zealand by the biofouling pathway is managed.

The spread outside their natural ranges of aquatic organisms, particularly adventive species, through transfer as vessel biofouling is an internationally recognised issue. Under the Convention for Biological Diversity, the issue has been named as one of the major concerns for ocean environments and the UN International Maritime Organisation (IMO) has been charged with finding solutions that international shipping can agree to. Under the IMO a resolution has been agreed to encourage vessel operators to manage this risk and for member states to expedite uptake of IMO Guidelines. This standard aligns with the IMO Guidelines for biofouling management1 and is intended to contribute towards global management of this pathway as well protecting New Zealand from further introductions of marine pest species.

3 Definitions All definitions are as given in the CRMS.

4 The ‘clean hull’ requirement and how to meet it The CRMS requires vessels to arrive into New Zealand territory with a ‘clean hull’. This is the approach used in the CRMS to meet the desired outcome of ‘minimising entry of harmful organisms arriving as biofouling’.

The CRMS gives a definition of ‘clean hull’ that includes thresholds for allowance of some biofouling for the two categories of vessel – 1) short-stay and 2) long-stay vessels (see Table 1 and 2 of the CRMS). Appendix 2 below gives an explanation of the allowances and illustrations to assist understanding and identification of compliant and non compliant levels of fouling for a vessel.

There are three options given in the CRMS of measures that are acceptable to be used to arrive with a ‘clean hull’:

a) Vessels can be readied for an arrival to New Zealand by cleaning the hull; or

1 Guidelines

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b) The operator may continually maintain and manage the hull, to prevent the accumulation of biofouling beyond the allowance. Also a vessel is deemed to meet the requirements under the CRMS if the hull is being managed in alignment with the IMO Guidelines; or

c) The biofouling organisms can be deactivated by using an approved treatment.

Note that instead of meeting the CRMS a vessel operator can submit an alternative management approach that is equivalent to complying with the CRMS. This may include providing information to show the species present on the vessel would not be harmful to New Zealand or would have low likelihood of establishing in New Zealand as a result of the visit of the vessel. This must be submitted to MPI as a Craft Risk Management Plan. The following gives more detail on these options.

4.1 Meeting the ‘clean hull’ requirement by cleaning in preparation for visit to New Zealand

Cleaning means the removal of all biofouling from all hull areas – the hull areas are defined in the CRMS and include niche areas that are susceptible to fouling. Under the CRMS, the cleaning is required, to be carried out less than 30 days before arrival to New Zealand. To ensure clearance at the border, cleaning should be carried out by an approved provider. An approved provider will provide a report or certificate to certify the hull as ‘clean’ and the date of the cleaning. This can be made available, if requested, to MPI for verification of declared measures taken.

Particular care should be taken to clean or treat sea-water inlet pipes, sieves and gratings, areas around the rudder, areas susceptible to paint wear, projections and recesses. Sea water systems should be treated using methods, such as flushing with detergents or chemicals (e.g. bleach). In the case of sea-chests which are usually part of sea-water systems on larger vessels, removal of the outer grating and water-blasting the inside is recommended. Care should be taken to clean the entire hull to ensure that invisible microscopic stages of biofouling species are also removed.

If the intention is to meet the CRMS by cleaning the vessel on arrival in New Zealand, the CRMS requires this to be carried out in an approved hull cleaning facility or by using an approved in-water cleaning system, within 24 hours of arrival. MPI will seek evidence that the vessel has been booked in to have the cleaning carried out within this timeframe. If it is not practically feasible to meet this timeframe, a request can be made for an extension of time and will be granted if the intent is to remove the biofouling risk from the vessel, or the vessel from the sea, as quickly as possible.

For information on the following go to www.biosecurity.govt.nz:

Becoming an approved provider of inspection and/or hull cleaning and/or treatment A list of current approved providers and where relevant, their approved systems Application for approval of a biofouling treatment/ in-water cleaning system Application for approval of a hull cleaning facility A list of approved treatments for general use

4.2 Meeting the ‘clean hull’ requirement by continual maintenance Continual maintenance means meeting the CRMS by operating an ongoing maintenance regime for biofouling prevention by utilising current best practices. A best practice regime is described below. Adherence to the IMO Guidelines is considered best practice for ships, particularly commercial shipping that is at sea for the majority of time and is mainly travelling at moderate to high speed and not ‘slow steaming’.

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Best current practice in continual biofouling maintenance includes:

Antifouling coatings are applied to all immersed surfaces, are appropriate to the particular hull areas and are guaranteed as ‘effective for the expected operations of the vessel2’. Effectiveness includes that the types of coating and the application (such as thickness of coatings) are reasonably expected to perform for

– the vessel’s particular operating profile including percentage time at sea versus in port, average speed of the vessel, any expected lay-up periods, and operating conditions (e.g. coastal or oceanic; temperate, tropical or polar); and

– a specific stated duration which may be reliant on stated maintenance such as wiping off slime etc after periods of inactivity (such as required for some foul-release coatings).

If a replacement interval longer than 5 years is planned, the coating’s long effective life properties should be evidenced in the vessel’s on-board documentation, or, if the coating’s life is being extended beyond its effective age, the planned increased cleaning regime to ensure management of biofouling when antifouling is becoming depleted should be evidenced in the vessel’s procedures and/or biofouling management plan. (Antifouling coatings are mostly effective for the usual dry-docking and antifoul replacement period of 5 years3.) Antifouling coatings are within their reasonably expected effective service life for duration of the vessel’s visit to New Zealand. Niche areas, which are areas more susceptible to biofouling growth, are protected from biofouling growth by use of coatings suitable for the conditions such as low water flow exposure, cavitation, high wear or abrasion, and/or by marine growth prevention systems (MGPSs) such as chemical dosing of sea-water systems, electrolytic production of chemical biocide, heat treatment, etc. The vessel operates according to a plan specific to the vessel (preferably a biofouling management plan based on the IMO template - see Appendix 1), that ensures antifouling coatings are well maintained and that the biofouling state of the hull including the niche areas is monitored. In-water inspections are undertaken when biofouling growth is suspected or at any opportunity such as when diver or camera inspections are being undertaken, and the plan sets a frequency to be achieved that is appropriate to the vessel’s known rate of biofouling accumulation. All hull maintenance or cleaning actions, marine growth prevention system operations and hull inspections are recorded and records are kept on board at least from the date of last full antifouling application, preferably in the form of the IMO template – see Appendix 1. Hull cleaning is undertaken when excessive biofouling4 has been detected. Hull inspection reports following cleaning and re-inspection are retained on-board.

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4.3 Meeting the ‘clean hull’ requirement by using approved treatments Vessel operators are also given the option of using approved treatments. Treatments will be considered for approval on application. Application details are on the website www.biosecurity.govt.nz. Treatment means an action that renders the organisms non-viable. Treatments must be approved by MPI before use. They must achieve a reduction in risk equivalent to that achieved by arriving with a ‘clean hull’, and this would need to be demonstrated to MPI such as by providing a report of results from evaluation and testing against the CRMS.

Treatments may include, but are not limited to, such methods as: - enclosing the hull (while in-water) in a close fitting impermeable wrapping material; application of chemicals; heat treatment; or ultrasonic treatment.

These must be approved prior to use, and prior to arrival of the vessel to New Zealand. Once approved, treatments become ‘approved treatments’. Any application made to MPI for the approval of a treatment must:

provide documented proof of effectiveness of the proposed means of meeting the outcome of this CRMS; and be made by application in the prescribed form available at www.biosecurity.govt.nz.

A treatment may be approved to be used in respect of a specific vessel or it may be approved to be used in respect of any vessel or a class of vessels, in which case it will be added to a list of approved treatments available from MPI.

The list of currently approved treatments can be found on the MPI website. http://www.biosecurity.govt.nz/border/transitional-facilities/bnz-std-abtrt

5 Craft risk management plans A craft risk management plan (CRMP) under section 24K of the Biosecurity Act 1993 (the Act) can be submitted for approval by MPI where an operator of a vessel /vessels or a floating drill rig wishes to use alternative measures to ensuring a clean hull (or pontoons) on arrival. A plan may be chosen as the way of achieving clearance for the following circumstances:

Where an alternative way is used to show the vessel is minimising the risk of introduction of harmful organisms, such as where the species in the biofouling can be shown as unlikely to be harmful in New Zealand or unlikely to establish here Where the proposed process for ensuring freedom from harmful organisms is complex. For example the process may involve a number of combined measures such as an offshore inspection and removal of biofouling to the extent practical, followed by another inspection on arrival with identification and removal of any remaining organisms that are considered a risk to New Zealand, and possibly ongoing monitoring for appearance of any further harmful organisms once the vessel/rig is deployed in New Zealand.

MPI can assist with advice on development of a CRMP.

Under section 24K of the Act a CRMP must include the steps that will be taken to mitigate the biofouling risk and these must be approved by MPI. It should also include the dates of the arrival or duration of the plan if it is to cover more than one arrival, and include the details of the vessel or vessels covered. A template that can be used for developing a CRMP is given in Appendix 3.

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Operations under a CRMP will be subject to occasional audit inspections by MPI to verify that the mitigation steps have been taken as per the plan.

If intending to use a CRMP, contact MPI early in the planning stage at: [email protected]. MPI can assist you with your development of a plan.

6 Acceptable Evidence The following specifies acceptable proof that measures have been implemented or other requirements of the CRMS met.

6.1 For vessels achieving compliance by cleaning before or on arrival Where an approved provider is used to clean a vessel hull shortly before entering New Zealand territory, a report or certificate from the approved provider should be provided to show the date of cleaning did not exceed 30 days before arrival in New Zealand. The list of approved providers is on the MPI website or can be requested by contacting [email protected]. Alternatively vessels operators can supply other evidence that cleaning has occurred. Acceptable evidence includes

Recent ‘Clean hull’ certificate or report provided by an approved provider of hull inspection following inspection Log book showing dates of haul-out or in-water inspections, hull cleaning, antifouling application with evidence of dates and actions such as electronically dated images or video. Receipts from hull cleaning, antifouling paint purchase, use of a haul-out facility

Where it is intended that in-water cleaning will be undertaken within 24 hours of arrival, proof of a definite arrangement with an approved provider must be supplied along with evidence that the activity is permitted at the proposed cleaning location, or the provider has a consent, under the Resource Management Act 1991. In the case of long-stay vessels, submission, before arrival, of copies of evidence of cleaning and re-inspection may be requested.

If removal of the vessel or the biofouling risk from the water within 24 hours is expected to be practically not feasible, MPI may grant an extension of time on application.

6.2 For vessels relying on continual maintenance to comply Recent ‘Clean hull’ certificate or reports of in-water inspections between dry-docking biofouling inspections and removal. International Anti-fouling Certificate for proof of date of application or most recent re-application of antifouling for a vessel Biofouling Management Plan (BMP) tailored to the vessel carried on board for view by an inspector Record Book carried on board showing records of actions taken under the BCP.

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7 Verification, inspection, direction of non-compliant vessels and costs

Vessels are expected to carry evidence on board for the purpose of demonstrating compliance to an inspector. Any vessel may be subject to verification activity at the border. This may include sighting the evidence above, inspection of the hull, and sampling and/or photography of the biofouling.

Vessels that do not comply with the requirements of the CRMS may be directed by an inspector, under sections 32 or 33 of the Act, to undertake mitigation measures. Refer to measures for mitigation of the risk of non compliant vessels in section 9 below.

An inspector may direct the operator or person in charge of a vessel to: - d) deal with biofouling as the inspector specifies, if the vessel will remain in New Zealand territory, or e) if there is no available approved facility or in-water system for managing the biofouling risk, to move

the vessel from New Zealand territory and possibly proceed outside the Exclusive Economic Zone, within a period of 24 hours or as otherwise specified by the inspector.

For recreational vessels, an underwater viewing scope may be used where inspectors suspect, based on documented information, that the hull is fouled.

Underwater inspection may be carried out for vessel classes other than recreational vessels if a vessel operator disagrees that there is a likely presence of biofouling above the applicable threshold of the CRMS. In such cases the vessel operator may obtain an underwater survey from to confirm lack of risk. This survey would need to be carried out by an MPI approved provider within 24 hours or as soon as feasible and would be carried out at the vessel operator’s expense.

Border clearance of arriving vessels is funded by the Crown. However MPI will recover cost at an hourly rate5 for time spent dealing with the risk of non-complaint vessels.

Hull maintenance and any actions for non-compliant vessels directed by MPI such as haul-out and/or cleaning in-water are at the expense of the vessel owner or operator. Also MPI is not liable for cost of delay or disruption of cargo or passenger travel itineraries or loading schedules resulting from actions directed by an inspector.

8 Measures that MPI may direct vessels to undertake if non-compliant

Arriving with a non compliant vessel does not usually incur a penalty but is likely to cause delays to loading, unloading and travel itineraries and, for commercial vessels, may result in rescheduling of subsequent port calls and the possibility of being directed by an inspector to leave New Zealand without completing loading orders.

MPI policy is to remove the biosecurity risk from the water within 24 hours or as soon as feasible.

The following are the only current options for dealing with the risk of non-compliant vessels at this date:

Haul-out: If an approved facility (transitional facility under section 37 of the Act) is available in the vicinity, the vessel can be directed to be hauled out within 24 hours (with cleaning permitted to be carried out beyond this time frame). This option is expected be used for recreational vessels and

5 Rate is as per Biosecurity (Costs) Regulations 2010

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possibly for other vessels that can be accommodated on slips at boat yards, depending on availability of facilities that have been approved as Transitional Facilities under the Act. Spot clean: If the biofouling is restricted to one or a few particular hull areas that can be cleaned in-water by removal of organisms by hand without release of material into the water, this method can be used. The removal must be carried out by an approved provider and be carried out within 24 hours or as soon as feasible. The vessel will be directed to remain at the port of arrival until it has received clearance. The inspector may require evidence from the provider that the hull is clean, such as photographic evidence. Restrict vessel to travel directly between ports designated as places of first arrival (POFAs) under the Act. (If a vessel arrives with the intension to be fully cleared for free access to all areas of New Zealand or to access any places other than POFAs, and the biofouling is found to be above the threshold6 for long-stay but within the allowance for short-stay vessels, the inspector may restrict the vessel to only visiting POFAs and only allow direct travel between those POFAs.) If no other options are available the vessel will be directed to leave New Zealand within 24 hours or as soon as feasible. The vessel will receive advice that it will not gain clearance at a subsequent visit to New Zealand unless the hull has been cleaned and evidence is presented to verify that the vessel now meets the requirements of the CRMS.

9 Expediting clearance The following are ways for vessel operators to gain better certainty of biofouling clearance without delay.

(1) Craft Risk Management Plan approved by the Director General (DG) –The section above discusses these

plans and when one may be useful (2) Becoming a low risk vessel – MPI operates a system that assesses a vessel at every visit to New Zealand.

A vessel with a good record of compliance can become a low risk vessel and is not subject to inspection at every visit but will be subject to occasional audit inspections by MPI

(3) Endorsement by MPI of codes of practice – These can be developed by a vessel sector or industry to guide their members as to practical and acceptable ways of meeting the CRMS. Codes of practice may be endorsed by MPI as aligning with the CRMS

(4) Providing clear evidence – Refer to section 6 above on Acceptable Evidence.

10 Additional guidance for classes of vessels

10.1 Commercial shipping It is expected that most cargo and passenger vessels that are short-stay7 will rely on continual maintenance of the hull to meet the CRMS requirements. MPI will use evidence such as last international anti-fouling certificate to verify whether the vessel is within date for the usual 5 yearly dry docking and reapplication of antifouling

6 Thresholds and explanation of the vessel categories are in the CRMS section 2.37 Vessels calling for a short time at ports in New Zealand designated under the Act as Places of First Arrival

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coatings and may look at the vessel’s records to check there have been hull inspections and maintenance of any biofouling between dry dockings, as this is part of a best practice biofouling management regime. Vessels that operate a hull coating reapplication regime other than 5 yearly may be asked to explain what reapplication and other maintenance regime they have and the reasons this is effective beyond 5 years. Information on coating type and manufacturer should be available on-board as inspectors may require this detail.

If vessels have been stationary for an extended period this must be declared in the arrival documentation as it is an indicator that the vessel could have biofouling over the allowance.

Giving false information such as falsification of a declaration or a certificate is an offence under the Act.

Cruise vessels that have obtained special permission to visit places that are not Ports of First Arrival, or that have become fully cleared to cruise freely in New Zealand, will be required to meet the more stringent threshold of no biofouling apart from slime and goose barnacles. (Slime is the first stage of biofouling and cannot be avoided and goose barnacles are oceanic species of no risk to New Zealand coastal resources). This will probably require cleaning of the hull in preparation to come to New Zealand. If the vessel is operating in New Zealand waters for a few months it is recommended that it is also antifouled shortly before starting its New Zealand operations.

10.2 Slow movers Slow moving vessels such as tugs, barges or floating exploration drill rigs, and some vessels that are on delivery voyages to New Zealand, such as newly chartered inshore fishing vessels, are often very fouled due to lack of fast movement or wave action to activate the antifouling protection. These vessels should be cleaned (and preferably re-antifouled) in preparation for their transfer to New Zealand. It is recommended that those planning to transfer such a vessel contact MPI as early as possible to discuss how they intend meeting the biofouling requirements. Email: [email protected]

10.3 Recreational vessels Recreational vessels such as yachts often arrive to New Zealand after a long cruise from across the world and have had little opportunity to renew their antifouling on the way. In the past these have arrived to New Zealand with a high level of biofouling and the intent to rest up and defoul the vessel in New Zealand. For several years New Zealand has sent out advice that these vessels should remove biofouling before they set out for the last leg of their voyage to New Zealand. Despite this, some vessels still do not have clean hulls on arrival. MPI utilises underwater scopes to inspect hulls of recreational vessels. Inspectors will direct vessels that have biofouling above the applicable threshold to be hauled out and cleaned in a hull cleaning facility that has MPI approval8. Most major arrival ports for yachts will have such a facility. It will probably be a facility that is used by the public but will have quarantine procedures in place for dealing with vessels under a biosecurity direction. After cleaning to the satisfaction of the inspector the vessel will receive a biosecurity clearance certificate and be released to cruise anywhere. Haul out, hard stand use and cleaning will be carried out at the expense of the vessel operator.

Some recreational vessels cleaning at their last destination before New Zealand may not be able to find approved providers to supply ‘clean hull’ certificate. In this case, other evidence can be presented such as dated photographs of the cleaning taking place or of the clean hull afterwards and/or receipts from purchase of antifouling paint.

8 under the MPI Standard for Transitional Facilities (under section 39 of the Act)

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11 Information for providers and facility operators Procedures and forms are available for application for the following:

Becoming an approved provider of inspection or cleaning/treatments, or Becoming an operator of an approved facility or Approval of a facility as a transitional facility for hull cleaning

They can be found on the MPI Biosecurity website www.biosecurity.govt.nz or you can contact MPI for assistance by emailing [email protected].

12 Available approved treatments, approved cleaning facilities and their operators, approved inspection providers

The following are listed on the MPI Biosecurity website www.biosecurity.govt.nz

Approved providers of inspections/ treatments both offshore and in New Zealand. Hull cleaning facilities approved as transitional facilities under the Act. Treatments that have been approved and become Approved Treatments for use generally or by specified classes of vessels under the CRMS.

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Appendix 1 IMO Guideline templates for Biofouling Management Plan and Record Book

Biofouling Management Plan The purpose of the Plan is to outline measures for the control and management of this vessel’s biofouling to

minimize the transfer of invasive aquatic species.

Ship’s name Xxx

Flag Xxx

Port of registry Xxx

Gross tonnage Xxx

IMO number Xxx

Length Xxx

Beam Xxx

Ship type Xxx

Call sign Xxx

Document reference: Xxx

Document date: Xxx

Created by: Xxx

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1 Introduction This Biofouling Management Plan is specific and unique for this vessel, as identified at the front page.

The Plan is following the outline given in the IMO guideline, MEPC.207(62), dated 15 July 2011, entitled 2011 guidelines for the control and management of ship’s biofouling to minimize the transfer of invasive aquatic species.

The Plan shall be readily available to any port State authority for viewing on request.

Annex 1 of this plan includes a sample of the Record Book, where this vessel’s crew document activities performed for biofouling maintenance.

Biofouling means the accumulation of aquatic organisms such as micro-organisms, plants, and animals on surfaces and structures immersed in or exposed to the aquatic environment. Biofouling can include microfouling (microscopic organisms including bacteria and diatoms and the slimy substances that they produce) and macrofouling (e.g. barnacles, tubeworms, or fronds of algae).

In the adoption of the 2004 Ballast Water Management (BWM) Convention, Member States of the IMO made a clear commitment to minimizing the transfer of invasive aquatic species by shipping. Biofouling management is not required by the BWM Convention since it is not part of the scope.

However, studies have shown that biofouling can also be a significant vector for the transfer of invasive aquatic species. Biofouling on ships entering the waters of States may result in the establishment of invasive aquatic species which may pose threats to human, animal and plant life, economic and cultural activities and the aquatic environment.

The 2001 Anti-Fouling Systems (AFS) Convention addresses anti-fouling systems on ships and the focus is on the prevention of adverse impacts from the use of anti-fouling systems and the biocides they may contain. The AFS Convention does not address preventing the transfer of invasive aquatic species.

All ships have some degree of biofouling, even those which may have been recently cleaned or had a new application of an anti-fouling coating system. The biofouling that may be found on a ship is influenced by a range of factors, such as follows:

1) Design and construction, particularly the number, location and design of niche areas. 2) Specific operating profile, including factors such as operating speeds, ratio of time underway compared

with time alongside, moored or at anchor. 3) Places visited and trading routes. 4) Maintenance history, including: the type, age and condition of any anti-fouling coating system, installation

and operation of anti-fouling systems and dry-docking/slipping and hull cleaning practices.

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2 Purpose of the plan The purpose of the Plan is to outline measures for the control and management of this vessel’s biofouling to minimize the transfer of invasive aquatic species.

3 Description of the anti-fouling system

The following anti-fouling system(s) are used on this

vessel Applied / installed where Manufacturer & product

name System specification*

(*) anti-fouling system specifications (including dry film thickness for coatings, dosing and frequency for MGPSs, etc.) together with the expected effective life, operating conditions required for coatings to be effective, cleaning requirements and any other specifications relevant for paint performance. This vessel carries the following certificates and/or other documents of the anti-fouling system(s):

Document Reference / ID

AFS certificate

AFS statement of compliance

other documents

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4 Description of operating profile This vessel has the following operating profile, which has influenced the specifications of the ship's anti-fouling systems and operational practices.

Factor Vessel’s operating profile

Typical operating speed: Xxx

Periods underway at sea compared with periods berthed, anchored or moored: Xxx

Typical operating areas or trading routes: Xxx

Planned duration between dry-dockings: Xxx

5 Description of areas on the ship susceptible to biofouling The following table gives an overview of this vessel’s hull areas, niche areas and seawater cooling systems on the ship that are particularly susceptible to biofouling. The table also gives the management actions required for each area.

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ile

Stee

ring

and

prop

ulsio

n:

- Pro

pelle

r Xx

x Yy

y

- Pro

pelle

r sha

ft Xx

x Yy

y

- Ster

n tub

e sea

l Xx

x Yy

y

- Anc

hor c

hain

Xxx (

be sp

ecific

) Yy

y (be

spec

ific)

- Cha

in loc

ker

Xxx

Yyy

- Rop

e gua

rd

Xxx (

if app

licab

le)

Yyy (

if app

licab

le)

- Rud

der

Xxx

e.g. T

his ar

ea is

insp

ected

at ea

ch dr

y doc

king a

nd cl

eane

d as f

ound

ne

cess

ary.

Yyy (

if app

licab

le)

e.g. A

dditio

nal in

spec

tion a

s fou

nd ne

cess

ary.

- Bow

/Ster

n thr

uster

s - P

rope

ller

- Thr

uster

body

- T

unne

l Xx

x (if a

pplic

able)

Yy

y (if a

pplic

able)

- Tun

nel g

rates

Xx

x (if a

pplic

able)

Yy

y (if a

pplic

able)

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Guida

nce D

ocum

ent:

Guida

nce D

ocum

ent fo

r the

Cra

ft Risk

Man

agem

ent S

tanda

rd -

Biofo

uling

on V

esse

ls Ar

riving

to N

ew Z

ealan

d

Draft

.

Minis

try fo

r Prim

ary I

ndus

tries

P

age

18 o

f 30

Area

s par

ticul

arly

susc

eptib

le to

bi

ofou

ling

Mana

gem

ent a

ctio

ns re

quire

d fo

r eac

h ar

ea (e

.g., i

nspe

ctio

ns,

clean

ing,

repa

irs an

d m

ainte

nanc

e)

Mana

gem

ent a

ctio

ns to

be u

nder

take

n if

ship

op

erat

es o

utsid

e its

usu

al op

erat

ing

prof

ile

Seaw

ater

inta

kes a

nd in

tern

al se

awat

er co

olin

g sy

stem

s:

- Eng

ine co

oling

syste

m

Xxx

e.g. O

pene

d up a

t reg

ular in

terva

ls to

inspe

ct gr

owth,

clea

ned a

s fou

nd ne

cess

ary.

Yyy

- Sea

ches

ts (id

entify

numb

er an

d po

sition

) Xx

x (inc

lude d

etails

of ea

ch se

a che

st an

d its

posit

ion)

Yyy (

includ

e deta

ils of

each

sea c

hest

and i

ts po

sition

)

- Sea

ches

t gra

te Xx

x Yy

y

- Inte

rnal

pipew

ork a

nd he

at ex

chan

ger

Xxx

Yyy

- Fire

-fighti

ng sy

stem

Xx

x Yy

y

- Ball

ast u

ptake

syste

m

Xxx

Yyy

- Aux

iliary

servi

ces s

ystem

Xx

x Yy

y

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Guida

nce D

ocum

ent:

Guida

nce D

ocum

ent fo

r the

Cra

ft Risk

Man

agem

ent S

tanda

rd -

Biofo

uling

on V

esse

ls Ar

riving

to N

ew Z

ealan

d

Draft

.

Minis

try fo

r Prim

ary I

ndus

tries

P

age

19 o

f 30

6Di

agra

m –

Loca

tion

of ar

eas p

artic

ular

ly su

scep

tible

to b

iofo

ulin

g (in

sert

a diag

ram

that id

entifi

es th

e loc

ation

s of a

reas

, or u

se th

e belo

w sk

etch t

o ind

icate

such

area

s)

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 20 of 30

7 Operation and maintenance of the anti-fouling system The anti-fouling system(s) used for this vessel is outlined previously in this Plan. This section contains a description of the operation and maintenance of the anti-fouling system(s) used, including schedule(s) of activities and operational procedures.

7.1 Timing of operational and maintenance activities

For this vessel, the schedule of planned inspections, repairs, maintenance and renewal of the anti-fouling system(s) are the following:

Xxx

Xxx

7.2 In-water cleaning and maintenance procedures

This section should set out planned maintenance procedures (other than for on board treatment processes) that need to be completed between dry-docking events to minimize biofouling. This should include routine cleaning or other treatments. Details should be provided on the treatment/cleaning to be conducted, the specification of any equipment required, details of the areas to which each specific treatment/cleaning is to be applied, step-by-step operational procedures where relevant and any other details relevant to the processes (e.g., chemicals required for treatment, any discharge standards).

Xxx

Xxx

7.3 Operation of onboard treatment processes

This section should provide specific advice about Marine Growth Prevention System (MGPS) fitted, internal seawater cooling systems covered by the system and any not covered, and the associated maintenance and inspection schedule and procedures. This would include information such as when each MGPS is run, for how long and any cleaning/maintenance requirements of the system once use is finished. This section should also include advice for ship operators on procedures for biofouling management if the MGPS is temporarily out of operation.

Xxx

Xxx

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 21 of 30

8 Safety procedures for the ship and the crew This vessel’s safety procedures for the ship and the crew are following the manufacturer’s recommendation. In general, any work with the anti-fouling systems, inspections and cleaning processes should follow this vessel’s safety policy.

Table 7.1 below is a summary of the anti-fouling system(s) present on-board, the risks they pose and simple instructions for the precautions to be taken when working, inspecting and cleaning the anti-fouling system(s).

The safety procedures for the ship and the crew are detailed in the following document provided by the manufacturer of the anti-fouling system(s):

<include reference to the section or page in the maker’s manual dealing with safety procedures>

Table 7.1 Risks and precautions concerning the anti-fouling system(s)

Type Applied / installed where

Manufacturer & product name System specification Associated

risks Precautions to be made

9 Disposal of biological waste If the crew of this vessel is cleaning the vessel from biofouling, the biological waste is taken care of and disposed in accordance with the local requirements that apply.

10 Recording requirements This vessel is maintaining a Record Book for the details of all inspections and biofouling management measures undertaken on the ship. The recordings include the following:

1) Biofouling management measures undertaken after each dry-docking 2) When the hull area, fittings, niches and voids below the waterline have been inspected by divers. 3) When the hull area, fittings, niches and voids below the waterline have been cleaned by divers. 4) When the internal seawater cooling systems have been inspected and cleaned or treated. 5) Maintenance and repairs of the MGPS. 6) Periods of time when the ship was laid up/inactive for an extended period of time. 7) Periods of time when the ship was operating outside its normal operating profile. 8) Details of official inspection or review of the ship’s biofouling risk. 9) Any additional observations and general remarks.

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 22 of 30

11 Crew training and familiarisation For this vessel appropriate training is given in the application of biofouling management and treatment procedures, based upon the information contained in this Plan. Training and familiarisation include the following:

Maintenance of the Record Book. Impacts of invasive aquatic species from ships' biofouling.

Benefits to the ship of managing biofouling and the threats posed by not applying management procedures Biofouling management measures and associated safety procedures.

Relevant health and safety issues.

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 23 of 30

Record Book – biofouling management actions This page is a sample of this vessel’s Record Book for biofouling management actions. The page is used for recording details of all inspections and biofouling management measures undertaken on the ship. The records are kept in the vessel’s deck office in a ringbinder marked Record Book – Biofouling.

The following activities are applicable for recording: 1) After each dry-docking to document hull cleaning and maintenance. 2) When the hull area, fittings, niches and voids below the waterline have been inspected by divers. 3) When the hull area, fittings, niches and voids below the waterline have been cleaned by divers. 4) When the internal seawater cooling systems have been inspected and cleaned or treated. 5) Maintenance and repairs of the MGPS. 6) Periods of time when the ship was laid up/inactive for an extended period of time. 7) Periods of time when the ship was operating outside its normal operating profile. 8) Details of official inspection or review of the ship’s biofouling risk. 9) Any additional observations and general remarks.

Name of ship:

IMO number:

Date Item (number) Record of management actions Signature of

officers in charge

Signature of Master: .................................................................................

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 24 of 30

Appendix 2 Description and illustrative examples of the biofouling allowances in Tables 1 and 2 of the CRMS (to be applied after CRMS comes into force in 2018) 1 Explanation From the MAFBNZ commissioned research on vessel biofouling, it was demonstrated that, as the amount and coverage of biofouling on a vessel increases, the number of non-indigenous species present also increases (Inglis et al. 20089).

Both slime and goose barnacles are allowed for all vessel types under the thresholds used in the definition of ‘clean hull’. Even when cleaned immediately prior to leaving last destination before arrival in New Zealand, vessel hulls will accumulate a slime layer. Goose barnacles are ubiquitous oceanic organisms.

For short-stay vessels a further allowance is included due to the lower likelihood of introductions from vessels staying for a short time. The allowance is restricted to early stage biofouling to minimise the introduction of non-indigenous species.

Barnacles, bryozoans or tubeworms are usually the first organisms to colonise a hull following the formation of a slime layer. Therefore, early stage biofouling tends to be made up of one of these species. The short-stay threshold allows 1% cover of one of these species (or species that appear to be the same) on the hull area, occurring as isolated individuals or small clusters.

On the niche areas a slightly higher threshold is allowed due to the greater susceptibility of these areas to biofouling. For these areas the short-stay threshold is increased to 5% cover of one species (or species that appear to be the same) plus 1% cover of a second species. The 5% cover may occur as either widely spaced individuals or infrequent patchy clusters.

Algae may also be present as early stage biofouling. The amount of coverage for algae on the wind and water line area is unrestricted, however, on the hull and niche areas algal coverage is restricted to continuous patches no more than 50 mm in width. Brown and red algae less than 4 mm in length are allowed on all areas. Green algae less than 4 mm in length are allowed on hull areas and niche areas, however, for the wind and water line area, green algae up to 50 mm strand length are allowed.

Overgrowth of the early stage biofouling by algae is an indication that the biofouling is more established than ‘early-stage’. Therefore, no algal overgrowth is permitted on hull areas or niche areas.

9 Vessel biofouling as a vector for the introduction of non-indigenous marine species to New Zealand: Management Tools

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 25 of 30

2 Illustrations

Example of 1% single species biofouling – isolated individuals on hull area

Example of 1% single species biofouling – small clusters on hull area

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 26 of 30

Example of 5% single species – widely spaced individuals in niche areas

Example of 5% species – infrequent, patchy clusters in niche areas

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 27 of 30

Illustrations of biofouling above thresholds for niches – These would fail inspection

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 28 of 30

Example of biofouling above thresholds for niches – barnacles cover exceeds 5% through the area. Also there is a patchy 1% cover of algal turf also and 1% cover of bryozoans. This would fail inspection.

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 29 of 30

Example of biofouling above thresholds for niches – barnacles cover exceeds 5% cover through the area. Also there is a 1% presence of individual tubeworms. This would fail inspection

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Guidance Document: Guidance Document for the Craft Risk Management Standard - Biofouling on Vessels Arriving to New Zealand Draft .

Ministry for Primary Industries Page 30 of 30

Appendix 3 Template for a Craft Risk Management Plan To be developed