EPA's Vessel General Permit and Small Vessel General

(2003) found typical fouling organisms, the introduced European clam (Corbula gibba), an
invasive sea-star (Asterias amurensis), several species of small fish, and three introduced Green
crabs (Carcinus maenas), two of which were ovigerous females capable of releasing viable
propagules. Coutts and Dodgshun (2007) found that marine growth protection systems
significantly reduce fouling by sessile and sedentary organisms, but have little influence on the
mobile species within sea chests. The sVGP does not require any actions to minimize ANS
transfer in seawater cooling systems. To minimize the spread of ANS through seawater piping,
EPA has included the following requirements in the VGP:
� Vessel owners/operators must remove fouling organisms from seawater piping on a
regular basis and dispose of removed substances in accordance with local, state, and
federal regulations (regular basis is not defined)
� Removed fouling organisms shall not be discharged into waters of the U.S.
Fish hold effluent also has the potential to introduce ANS into receiving waters from fish waste
or water transported from one port to another. To minimize the spread of ANS through fish hold
effluent, EPA has included the following requirements in the VGP and the sVGP:
� Minimize the discharge of fish hold water and/or ice while in port and at the pier.
� If fish waste is contained in the fish hold effluent, it may not be discharged while in port
unless a physical separation method is used.
� The discharge of fish hold effluent (including dirty ice) is prohibited if a shore-based
discharge facility is available.
� The discharge of unused bait overboard is prohibited, unless bait was caught in the same
water body or watershed.
The above requirements are included, as written, in the VGP and sVGP. In their comments
(dated November 16, 2012) on our draft Opinion, EPA indicated that they have been making the
following clarification for the sVGP (italics added by NMFS): Avoid discarding any unused live
bait overboard, unless caught in that waterbody or watershed. Unused live bait purchased from a
bait shop or dealer may not be discharged overboard.
Though we found the fish hold effluent requirements included in the VGP to be stringent,
specific, and enforceable, the clarification on the sVGP is reason for concern. The discharge of
dead bait from small vessels is likely to expose listed resources to non-indigenous pathogens.
Therefore, while the VGP is likely to minimize the exposure of listed resources to ANS
transported in fish hold effluent; discharges authorized by the sVGP are not likely to expose
listed resources to ANS pathogens. Furthermore, the sVGP does not require any actions to
minimize ANS transfer in seawater cooling systems or chain locker effluent. The VGP is vague
on its requirements for the “regular” removal of organisms from seawater piping. Thus, it is not
clear how or to what extent the VGPs will minimize the risk of ANS invasions from seawater
cooling systems or chain lockers. Though these vectors are responsible for fewer ANS invasions
than hull fouling and ballast water, they are regarding as ANS “hotspots” and cannot be
discounted. Therefore, it is likely that listed resources will be exposed to ANS invasions as a
result of EPA’s authorization of discharges from seawater cooling systems, chain lockers, and
fish hold effluent/dead bait.
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