If a vessel is a commercial fishing vessel of any size or other non-recreational vessel less than 79 feet in length and has ballast water discharges, must an NOI be submitted?
Per the terms of the VGP, if the vessel has a ballast water capacity of 8 cubic meters, an NOI must be submitted for the ballast water discharge only. These vessels may also seek an individual permit to obtain the necessary coverage. For more information see Part 2.5 of the VGP Fact Sheet. Discussion On July 30, 2010, President Obama signed P.L.111-215 (Senate Bill S. 3372) into law. This law amends P.L. 110-299 (Senate Bill S. 3298), which generally imposes a moratorium during which time neither EPA nor states may require NPDES permits for discharges incidental to the normal operation of commercial fishing vessels of any size and other non-recreational vessels less than 79 feet. As a result of P.L. 110-299, the VGP does not cover vessels less than 79 feet or commercial fishing vessels, unless they have ballast water discharges. P.L. 111-215 extended the expiration date of the moratorium from July 31, 2010 to December 18, 2013.
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