The Study on the Ballast Water Management of Mailiao Exclusive Industrial Harbor in Taiwan

In 2004, the International Maritime Organization (IMO) adopted the International Convention for the Control and Management of Ships Ballast Water and Sediments (BWM Convention). Taiwan’s government has been in line with the BWM Convention’s obligations by passing several administrative orders and adopted the 3 + 1 Port State Control (PSC) procedure. International trade ports in Taiwan include commercial ports and exclusive industrial harbors. The industrial harbor in Taiwan is unique in the world, so the 3 + 1 PSC procedure cannot be directly applied to the industrial harbor. Based on document analysis, this study discusses the similarities and differences between commercial ports and industrial harbors. The regulations and systems for ballast water management in Taiwan and how they can be applied to industrial harbors are also discussed. Judging from the results of this study of regulations, commercial ports and industrial harbors differ in applicable laws, competent authorities, and construction and management units. However, in operational practice, industrial harbors should be regarded as a commercial port whose use is restricted. Therefore, this study posits that industrial harbors should be classified as commercial ports in Taiwan’s ballast water management system. Classifying industrial harbors as falling outside commercial ports may cause management difficulties and may even cause trouble for international shipping. It is suggested that the Ministry of Economic Affairs (MOEA) first discusses with the Ministry of Transportation and Communications (MOTC) and the Ocean Affairs Council (OAC) to confirm whether industrial harbors are inside or outside the category of commercial ports, and then decide on a management system and suitable laws and regulations for integrating industrial harbors with commercial ports and international affairs