2I

             

Guide to New Zealand’s

Biofouling and Ballast Water
Requirements (2nd Edition)              
 Guide to New Zealand’s
Biofouling and Ballast Water
Requirements (2nd Edition)
All rights reserved. No part of this publication may be reproduced in any material form, (including
photocopying or storing it in any medium by electronic means and whether or not transiently or
incidentally to some other use of this publication) without the written permission of
INTERTANKO. Applications for INTERTANKO’s written permission to reproduce any
part of this publication should be addressed to the publisher.

© INTERTANKO 2021

Whilst every effort has been made to ensure that the information contained in this publication is correct,
neither the authors nor INTERTANKO can accept any responsibility for any errors or omissions or any
consequences resulting therefrom.

No reliance should be placed on the information or advice contained in this publication without
independent verification.

V2 – Dec 2021
Background
Members’ experiences with New Zealand’s biofouling regulations (Craft Risk Management Standard – CRMS)
were up for discussion at the September 2018 meeting of INTERTANKO’s Environmental Committee. It was
noted that the New Zealand Ministry of Primary Industries (MPI) had issued Notices of Direction to vessels
informing them to stay outside New Zealand territorial waters until their hulls were cleaned; this being despite
the fact that there are no cleaning facilities in New Zealand. As a result of this, the Environmental Committee
supported the need to open a dialogue with the New Zealand authorities on the issue and, following the
INTERTANKO Secretariat’s engagement with New Zealand’s MPI, the latter provided relevant information that
Members should take note of and which has been included in this Guide.

The Guide is divided into two parts. Part A refers to the CRMS while Part B refers to New Zealand’s ballast
water regulations.

In addition, Members trading to New Zealand are encouraged to review the following links to key resources
on the MPI website to better understand New Zealand’s biofouling requirements:

1. General information for commercial vessels

https://bit.ly/2TxlODS

2. Craft Risk Management Standard

https://www.mpi.govt.nz/dmsdocument/11668/direct

We would like to thank Ms Charlie Parker, Adviser, Invasive Species of MPI’s Biosecurity New Zealand, and Mr
John Marshall, Senior Advisor Environmental of Maritime New Zealand, for their assistance in reviewing and
updating the information for the second edition of this Guide.

2 Guide to New Zealand’s Biofouling and Ballast Water Requirements

(2nd Edition, 2021)
 3. Acceptable measures for meeting the CRMS

A. Craft Risk Management Standard (CRMS)

1. Vessels are sorted into two different categories based on their intended stay period in New
Zealand.
• Short-stay vessels – those staying in New Zealand for less than 21 days, and only visiting approved ports
of first arrival.

• Long-stay vessels – those staying 21 days or longer, or visiting areas not approved as ports of first arrival.

Comments
Most commercial deep-sea trading vessels will fall under the Short-stay vessel category. Do note that Long-stay
vessels must adhere to stricter requirements.

2. Requirements for Short-stay vessels:

• Vessel must arrive in New Zealand with a “clean hull”
i. “clean hull” refers to no biofouling of live organisms being present other than that within the
thresholds in Appendix 2 of the CRMS

3. Acceptable measures for meeting the CRMS

• One of the following measures must be applied prior to arrival in New Zealand’s territorial waters. Proof
of this must be provided to the MPI in advance.

i. Cleaning before visit to New Zealand or immediately upon arrival in a facility or by a system approved
by MPI

• Biofouling must be removed from all parts of the hull and niche areas through cleaning that is
carried out less than 30 days before arrival to New Zealand or within 24 hrs after arrival

Comments
• Note that facilities in New Zealand are limited, as haul out/dry docking is the only approved treatment
at the moment. The facilities are only available for smaller vessels with a length of up to 120 metres, as
large dry docks do not exist in NZ. Haul out facilities for smaller vessels are available at Opua (Northland),
Tauranga, and Lyttelton.

• For larger vessels (with a length of more than 120m), New Zealand encourages proactive biofouling
management, as larger vessels cannot be cleaned in New Zealand.

• The list of approved haul-out facilities in New Zealand can be found at the following site:

https://www.mpi.govt.nz/import/border-clearance/ships-and-boats-border-clearance/
registers-and-lists-for-vessels-arriving/.

The list includes a facility in Devonport which has a drydock length overall of 181.4m and maximum
entrance breadth at high water of 24.3m. If required, this dry dock can be used as a contingency
transitional facility with the necessary approvals from MPI in advance of entering New Zealand.

• Currently there are no areas where in-water cleaning is allowed in New Zealand.

Guide to New Zealand’s Biofouling and Ballast Water Requirements 3

(2nd Edition, 2021)
A. Craft Risk Management Standard (CRMS)

ii. Continual maintenance using best practices such as those within the International Maritime
Organization (IMO) biofouling guidelines, including the application of appropriate coatings;
operation of marine growth prevention systems on sea-chests; and in-water inspections with
biofouling removal as required.

Comments
Continual maintenance involves ongoing management of biofouling, including:

• Applying an anti-fouling coating (“AFC”) to the hull and niche areas of the vessel. It is important
to choose an AFC that matches the operational profile of the vessel (see INTERTANKO’s Guide to
Modern Antifouling Systems and Biofouling Management 2020).

• Monitoring the performance of the vessel and performing in-water inspections and cleaning when
performance begins to decline.

• Operating within the specifications of the AFC.

• Proactive grooming of the slime layer

• Having contingency plans such as in-water inspections and in-water cleaning when the vessel falls
out of its operational profile or the paint is damaged.

• Renewing AFCs within their specified service life.

• Treating pipework and sea chests or using marine growth preventive systems (MGPS) to minimise
biofouling growth.

iii. Application of Approved Biosecurity Treatments (as approved by MPI and as listed on their website).

Comment
Currently there are no approved treatments, apart from hauling out at an approved facility.

4. MPI requires information from vessels to be sent 48 hours prior to entry to New Zealand and the
following information must be held on the vessel:
• Prior to Arrival

i. Intended length of stay and intended places to be visited

ii. Whether the vessel has spent any extended periods of a stationary nature in a single location

iii. Age of the antifouling coating, including when it was applied and when it expires

iv. If the vessel is coming to undergo biofouling cleaning on arrival, any formal arrangement for cleaning
or treatment that they have undertaken

v. Measures that have been or will be used to meet the requirements of the standard, or

vi. Whether the operator or person in charge has developed an MPI-approved Craft Risk Management
Plan (https://www.mpi.govt.nz/import/border-clearance/ships-and-boats-border-
clearance/biofouling/biofouling-management/#comply-new-biofouling-requirements) to
meet the required Standard

Comment
Craft Risk Management Plan (CRMP)
Such a plan can be developed if a vessel operator cannot meet the CRMS biofouling requirements by one
of the three required measures accepted by the MPI (refer to section on acceptable measures above).
The CRMP must achieve the desired effect of MPI’s biofouling requirements (clean hull thresholds) but

4 Guide to New Zealand’s Biofouling and Ballast Water Requirements

(2nd Edition, 2021)
 5. MPI’s assessment approach

may use a different method to do so. The CRMP must outline the ways the risk will be managed, and
be submitted to MPI for approval in advance of entering New Zealand waters. The invasive species team
from MPI’s Biosecurity New Zealand can support vessels in creating CRMPs and these must be approved
by the team prior to the vessel departing for New Zealand.

Biosecurity New Zealand recommends that CRMPs be submitted as far in advance as possible, particularly
for vessels with complex operational profiles, to ensure the CRMP is approved and in place before the
vessel departs for New Zealand. A CRMP should be submitted for approval at least one month before
the vessel departs for New Zealand. CRMPs are typically approved for 2-3 years, but will be reviewed
and adjusted for any changes required.

The CRMP does not need to be approved each time the vessel arrives in New Zealand. Once the CRMP
is in place, New Zealand’s Vessel Target Evaluation Team and Border Clearance Team will have a copy
available and be aware of the requirements of the CRMP. However, it is helpful to highlight that the
vessel has a CRMP when biofouling paperwork is submitted. The vessel will need to submit paperwork
according to the agreed timeframes in the CRMP e.g. if the CRMP states there will be six monthly
inspections then Biosecurity New Zealand will need to see that vessel operators are following the
agreement.

• Information to be held on vessel and to be provided to MPI if requested:

i. Information on any antifouling regime and MGPSs used

ii. How the IMO Biofouling Guidelines are applied

iii. If applicable to the vessel, latest International Antifouling System Certificate or International
Antifouling System Declaration

iv. Date and reporting from the latest hull biofouling inspection

v. Biofouling management plan and record book

5. MPI’s assessment approach

• Compliance assessment will be based on documentation sent to MPI prior to the vessel’s arrival. MPI will
ask to see evidence that biofouling is managed appropriately, which may include:

– Biofouling Management Plan and record book

– evidence of independent inspections and ongoing maintenance (such as cleaning or treatment) by

suitably qualified people.

– dates and reports of dry docking

– current antifouling certificates

– vessel operational history (including whether it moves around often or sits in place for extended
periods of time)

Comments
The biofouling management records: Proactive management of biofouling means regular* in- water inspections
and cleaning, especially in the niche areas. It is not sufficient to show that continual maintenance is in place
just by checking the sea strainers and/or systems used to prevent corrosion. The Biofouling Management Plan
should be vessel-specific. It should provide an outline on specific strategies and timeframes for biofouling

Guide to New Zealand’s Biofouling and Ballast Water Requirements 5

(2nd Edition, 2021)
A. Craft Risk Management Standard (CRMS)

maintenance procedures to be carried out for the vessel. MPI’s guidance on developing a Biofouling
Management Plan can be accessed at https://bit.ly/2DZ3wpM

*Note: Biosecurity New Zealand clarified that “regular” means yearly in the first half of the AFC’s service life
and 6 monthly in the second half of its service life.

For underwater inspections, an underwater hull inspection report will always be required. Biosecurity New
Zealand will need to see that the inspection or cleaning covered the hull and all niche areas. If the vessel is
installed with other types of biofouling management system (such as the marine growth protection system), it
would be useful to provide the appropriate contracts, invoices or receipts.

• The underwater inspection report: MPI encourages vessel operators to conduct regular inspections of
the underwater surfaces of their vessels to ensure biofouling is being managed. Underwater inspection
reports must show clearly labelled photographs of a representative sample of the hull as well as niche
areas. It must be clearly shown if these are pre or post clean. MPI recommends that any video taken
be provided wherever possible. All biofouling organisms should be recorded (including soft fouling)
and percentage coverage listed in the report. In-water inspections should be used to assess biofouling
development, and for assessments as to whether in-water cleaning is required. In-water cleaning and
treatments are important tools for reducing the biosecurity risks during the in-service period of vessels.
In-water cleaning or treatments can be applied proactively (this is preferred) or reactively.

– Proactive in-water cleaning or treatment, also known as hull grooming, is used to reduce the
accumulation of microfouling (slime) on the vessel as part of the biofouling management programme.
Hull grooming is considered a best practice for ongoing hull maintenance to manage biofouling at
the slime layer stage to optimise vessel operational efficiency, and to prevent the accumulation of
any further biofouling (see INTERTANKO’s Guide to Modern Antifouling Systems and Biofouling
Management 2020).

– MPI’s guidance on what is considered non-compliant fouling can be accessed at:

https://bit.ly/2DYq8qe

• The AFC is the most important system to prevent biofouling accumulation. Areas of damage will rapidly
re-foul and increase the biofouling risk of your vessel. Do consider adopting in-water repair when
damage to the antifouling system is detected.

• Note that the MPI has placed heavy emphasis on niche area maintenance. Please refer to the following
factsheet for commercial vessels. (https://bit.ly/2Gbqnk0)

6. Non-compliance

• If vessels are suspected of exceeding the biofouling thresholds, MPI will request further proof of
biofouling management.

• Vessels that cannot prove they are compliant with the standard may be subject to a dive inspection in
New Zealand.

• If vessels are found to be non-compliant, they will most commonly be given a restricted itinerary which
enables trade while managing risk to an appropriate level. In cases where a vessel presents with high
risk and/or extensive fouling, the vessel may be directed to leave New Zealand. All non-compliant vessels
must manage their biofouling risk prior to their return to New Zealand.

6 Guide to New Zealand’s Biofouling and Ballast Water Requirements

(2nd Edition, 2021)
 Further information

7. Non-compliance: High-risk vessel

• If a vessel suspects that it might be high risk, MPI encourages the vessel to seek guidance as soon as
possible so they can ensure any risk is properly managed without causing unnecessary costs or delays.

• When a vessel is assessed as being a high risk, the Master will be informed and MPI will advise a course
of action depending on the risk and itinerary. In a worst-case scenario, if the biofouling risk is too high
then MPI may direct the vessel to leave or not enter New Zealand waters.

Further information
Further information can be found in the following document: Frequently Asked Questions about the CRMS
(https://www.biosecurity.govt.nz/dmsdocument/27444-craft-risk-management-standard-faqs).

The following guides also provide a useful reference to assist with preparing a visit to New Zealand and making
the necessary preparations to avoid delays:

• Guidance for self-assessing vessel risk

https://bit.ly/2MUo5pZ

• Guidance Document for the CRMS Biofouling

https://bit.ly/2MToZTL

Help is also available via email for questions regarding:

• the CRMS, or for details of emergency suppliers – standards@mpi.govt.nz

• bringing a vessel to New Zealand – vessels@mpi.govt.nz

Additional information may also be found in INTERTANKO’s Guide to Modern Antifouling Systems and
Biofouling Management that can be accessed via https://bit.ly/2TwFNCu

Guide to New Zealand’s Biofouling and Ballast Water Requirements 7

(2nd Edition, 2021)
B. Ballast water
New Zealand is party to the International Convention for the Control and Management of Ships’ Ballast Water
and Sediments, 2004. The convention is given effect through the Maritime Transport Act 1994 and marine
protection rules Part 300 – Ballast, made under that Act. The administering agency is Maritime New Zealand.

Any notifications that ships are unable to meet the requirements of the international regulations in waters
under New Zealand jurisdiction (extending to the outer limits of the Exclusive Economic Zone) should be
communicated to Maritime New Zealand without delay via the contact below.

The notification should include any details of Recognised Organisation and Flag State involvement in
determining appropriate contingency arrangements. Maritime New Zealand will act on the notification in
accordance with New Zealand law, taking into account the facts of the particular case. It will have regard to
the advice on contingency measures set out in IMO BWM.2/Circ.62.

Maritime New Zealand contacts

• Notifications of inability to meet requirements and proposed contingency measures:

InternationalShipping@maritimenz.govt.nz

• Queries regarding ballast water management: InternationalShipping@maritimenz.govt.nz

• General Information about ballast water requirements: https://www.maritimenz.govt.nz/

commercial/ships/masters/default.asp

Members are encouraged to use INTERTANKO’s Ballast Water Contingency Measures for Tankers guidance
which can be accessed via https://bit.ly/2SAwUe2

8 Guide to New Zealand’s Biofouling and Ballast Water Requirements

(2nd Edition, 2021)
INTERTANKO London
St Clare House
30-33 Minories
London EC3N 1DD
United Kingdom
Tel: +44 20 7977 7010
Fax:+44 20 7977 7011
london@intertanko.com

INTERTANKO Oslo
Nedre Vollgate 4
5th floor
PO Box 761 Sentrum
N-0106 Oslo
Norway
Tel: +47 22 12 26 40
oslo@intertanko.com

INTERTANKO Asia
70 Shenton Way
#20-04 Eon Shenton
079118
Singapore                                                          
Tel: +65 6333 4007
Fax: +65 6333 5004
singapore@intertanko.com

INTERTANKO North America

801 North Quincy Street – Suite 500
Arlington, VA 22203
USA
Tel: +1 703 373 2269
Fax:+1 703 841 0389
washington@intertanko.com

INTERTANKO Athens
Karagiorgi Servias 2
Syntagma
Athens 10 562
Greece        
Tel: +30 210 373 1772/1775
athens@intertanko.com

www.intertanko.com