FMC Closes Great Lakes Ballast Water Investigation as Canadian Exemptions Ease Concerns

The Federal Maritime Commission (FMC) has concluded one of its two investigations into Canadian ballast water regulations affecting Great Lakes shipping, marking a significant development in U.S.-Canada maritime relations.

The closure comes after Canada provided exemptions or found compliance unnecessary for six U.S.-flagged vessels that were initially expected to meet new ballast water treatment requirements by September 2024. The remaining U.S. Great Lakes fleet, numbering more than four dozen vessels, won’t need to comply until 2030.

However, broader regulatory differences between the two nations remain unresolved. The FMC’s parallel investigation, launched in June 2020 under 46 U.S.C. Chapter 421, continues to examine the treatment of all U.S.-flagged Great Lakes fleet vessels.

The Canadian regulations, designed to protect waters from invasive species, require vessels to implement comprehensive ballast water management plans and meet specific performance standards by 2024. These requirements include installing ballast water management systems (BWMS), obtaining certificates, maintaining operation records, and submitting to compliance inspections.

FMC Commissioner Carl W. Bentzel highlighted a key point of contention upon loanching the investigation in May “The proposed Canadian regulation appears to go further than provisions regulating ballast water discharges into Canadian waters and would require U.S.-flagged Laker vessels to install a ballast water management system even if they only load, and do not discharge, ballast water in Canadian waters,” he said.

While the closure of one investigation signals progress, the continuation of the broader investigation underscores ongoing concerns about regulatory alignment in Great Lakes shipping.

The FMC’s decision to maintain oversight through its remaining investigation ensures continued attention to potential impacts on U.S. maritime interests in this crucial trading corridor.

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