{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/28.2-110.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/28.2-110.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/28.2-110.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/28.2-110.html"}],"law_id":356454,"edition_id":2,"section_id":356454,"structure_id":51003,"section_number":"28.2-110","catch_line":"Filing requirements; penalty","history":"2001, c. 312; 2002, c. 40; 2010, c. 815.","full_text":"A\n\nThe operator, or a ship agent acting on behalf of the operator, of a commercial vessel that enters into Virginia waters shall file a Ballast Water Control Report form with the Virginia Maritime Association as the designated agent of the Commission (i) within seventy-two hours of the completion of the discharge of ballast water if the commercial vessel discharges ballast water into Virginia waters, or (ii) prior to the commercial vessel’s departure from Virginia waters if the commercial vessel does not discharge ballast water into Virginia waters. The operator, or ship agent of an operator, shall not be required to file a Ballast Water Control Report form if the commercial vessel’s previous port-of-call is located within the United States Exclusive Economic Zone and a ballast water control report was previously filed upon entering the first port-of-call within the United States Exclusive Economic Zone. A Ballast Water Control Report form shall be deemed to have been filed when it is hand delivered to the Virginia Maritime Association, sent by electronic mail or facsimile transmission and received by the Virginia Maritime Association, or sent to the Virginia Maritime Association by registered or certified mail, return receipt requested. The services of the Virginia Maritime Association shall be provided at no cost to the Commission. The fees assessed by the Virginia Maritime Association shall only be that amount necessary to cover the expenses for the reporting services provided to vessel operators and any associated recordkeeping related to the ballast water reporting requirements of this article. If in the judgment of the Commission or the Virginia Maritime Association, the Virginia Maritime Association is unable to satisfactorily perform its responsibilities, the Commission may (i) select another agent, provided proper notice of the change in the designated agent has been given to operators, or (ii) assume responsibility for carrying out the provisions of this section.\n\nB\n\nFor commercial vessels whose point of origin is located outside the United States Exclusive Economic Zone and whose first port of call within the United States Exclusive Economic Zone is within Virginia waters, the filing of a copy of the completed form submitted by the operator to the National Ballast Water Information Clearinghouse of the Smithsonian Environmental Research Center with the Virginia Maritime Association shall be deemed compliance with the reporting requirements of this section.\n\nC\n\nAny operator of a commercial vessel who knowingly fails to file a Ballast Water Control Report form with the Virginia Maritime Association within the applicable time period set forth in subsection A, or who knowingly makes any false statement in a Ballast Water Control Report form submitted to the Virginia Maritime Association, shall be guilty of a Class 1 misdemeanor.\n\n","order_by":null,"text":{"0":{"id":1327058,"text":"The operator, or a ship agent acting on behalf of the operator, of a commercial vessel that enters into Virginia waters shall file a Ballast Water Control Report form with the Virginia Maritime Association as the designated agent of the Commission (i) within seventy-two hours of the completion of the discharge of ballast water if the commercial vessel discharges ballast water into Virginia waters, or (ii) prior to the commercial vessel’s departure from Virginia waters if the commercial vessel does not discharge ballast water into Virginia waters. The operator, or ship agent of an operator, shall not be required to file a Ballast Water Control Report form if the commercial vessel’s previous port-of-call is located within the United States Exclusive Economic Zone and a ballast water control report was previously filed upon entering the first port-of-call within the United States Exclusive Economic Zone. A Ballast Water Control Report form shall be deemed to have been filed when it is hand delivered to the Virginia Maritime Association, sent by electronic mail or facsimile transmission and received by the Virginia Maritime Association, or sent to the Virginia Maritime Association by registered or certified mail, return receipt requested. The services of the Virginia Maritime Association shall be provided at no cost to the Commission. The fees assessed by the Virginia Maritime Association shall only be that amount necessary to cover the expenses for the reporting services provided to vessel operators and any associated recordkeeping related to the ballast water reporting requirements of this article. If in the judgment of the Commission or the Virginia Maritime Association, the Virginia Maritime Association is unable to satisfactorily perform its responsibilities, the Commission may (i) select another agent, provided proper notice of the change in the designated agent has been given to operators, or (ii) assume responsibility for carrying out the provisions of this section.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1327059,"text":"For commercial vessels whose point of origin is located outside the United States Exclusive Economic Zone and whose first port of call within the United States Exclusive Economic Zone is within Virginia waters, the filing of a copy of the completed form submitted by the operator to the National Ballast Water Information Clearinghouse of the Smithsonian Environmental Research Center with the Virginia Maritime Association shall be deemed compliance with the reporting requirements of this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1327060,"text":"Any operator of a commercial vessel who knowingly fails to file a Ballast Water Control Report form with the Virginia Maritime Association within the applicable time period set forth in subsection A, or who knowingly makes any false statement in a Ballast Water Control Report form submitted to the Virginia Maritime Association, shall be guilty of a Class 1 misdemeanor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":51003,"edition_id":2,"name":"Ballast Water Discharge","identifier":"3","label":"article","depth":4,"order_by":3,"parent_id":50996,"metadata":{"child_laws":3,"child_structures":0},"date_created":"2026-08-02 02:36:07","date_modified":"2026-08-02 12:31:42","permalink":{"id":1417661,"object_type":"structure","relational_id":51003,"identifier":"3","token":"28.2\/I\/1\/3","url":"\/28.2\/I\/1\/3\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50996,"edition_id":2,"name":"Administration","identifier":"1","label":"chapter","depth":3,"order_by":1,"parent_id":50995,"metadata":{"child_laws":18,"child_structures":3},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:42","permalink":{"id":1417595,"object_type":"structure","relational_id":50996,"identifier":"1","token":"28.2\/I\/1","url":"\/28.2\/I\/1\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50995,"edition_id":2,"name":"General Provisions Relating to Marine Resources Commission","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":50994,"metadata":{"child_laws":18,"child_structures":4},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:41","permalink":{"id":1417593,"object_type":"structure","relational_id":50995,"identifier":"I","token":"28.2\/I","url":"\/28.2\/I\/","edition_id":2,"permalink":0,"preferred":1}},{"id":50994,"edition_id":2,"name":"Fisheries and Habitat of the Tidal Waters","identifier":"28.2","label":"title","depth":1,"order_by":70,"parent_id":null,"metadata":{"child_laws":386,"child_structures":71},"date_created":"2026-08-02 02:36:05","date_modified":"2026-08-02 12:31:41","permalink":{"id":1417591,"object_type":"structure","relational_id":50994,"identifier":"28.2","token":"28.2","url":"\/28.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":356453,"structure_id":51003,"section_number":"28.2-109","catch_line":"Definitions","url":"\/28.2-109\/","token":"28.2\/I\/1\/3\/28.2-109","metadata":false},{"id":356454,"structure_id":51003,"section_number":"28.2-110","catch_line":"Filing requirements; penalty","url":"\/28.2-110\/","token":"28.2\/I\/1\/3\/28.2-110","metadata":false},{"id":356463,"structure_id":51003,"section_number":"28.2-111","catch_line":"Adoption of guidelines and forms","url":"\/28.2-111\/","token":"28.2\/I\/1\/3\/28.2-111","metadata":false}],"previous_section":{"id":356453,"structure_id":51003,"section_number":"28.2-109","catch_line":"Definitions","url":"\/28.2-109\/","token":"28.2\/I\/1\/3\/28.2-109","metadata":false},"next_section":{"id":356463,"structure_id":51003,"section_number":"28.2-111","catch_line":"Adoption of guidelines and forms","url":"\/28.2-111\/","token":"28.2\/I\/1\/3\/28.2-111","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/28.2-110\/","history_text":"

This law was first created in 2001. The record of its establishment is cataloged in chapter 312<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2002, chapter 40<\/a>; in 2010, chapter 815<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1417667,"object_type":"law","relational_id":356454,"identifier":"28.2-110","token":"28.2\/I\/1\/3\/28.2-110","url":"\/28.2-110\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/28.2-110\/","token":"28.2\/I\/1\/3\/28.2-110","dublin_core":{"Title":"Filing requirements; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 28.2-110","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The operator<\/span>, or a ship agent acting on behalf of the operator<\/span>, of a commercial vessel<\/span> that enters into Virginia waters shall file a Ballast Water<\/span> Control Report form with the Virginia Maritime Association as the designated agent of the Commission<\/span> (i) within seventy-two hours of the completion of the discharge of ballast water<\/span> if the commercial vessel<\/span> discharges ballast water<\/span> into Virginia waters, or (ii) prior to the commercial vessel<\/span>’s departure from Virginia waters if the commercial vessel<\/span> does not discharge ballast water<\/span> into Virginia waters. The operator<\/span>, or ship agent of an operator<\/span>, shall not be required to file a Ballast Water<\/span> Control Report form if the commercial vessel<\/span>’s previous port-of-call is located within the United States Exclusive Economic Zone and a ballast water<\/span> control report was previously filed upon entering the first port-of-call within the United States Exclusive Economic Zone. A Ballast Water<\/span> Control Report form shall be deemed to have been filed when it is hand delivered to the Virginia Maritime Association, sent by electronic mail or facsimile transmission and received by the Virginia Maritime Association, or sent to the Virginia Maritime Association by registered or certified mail, return receipt requested. The services of the Virginia Maritime Association shall be provided at no cost to the Commission<\/span>. The fees assessed by the Virginia Maritime Association shall only be that amount necessary to cover the expenses for the reporting services provided to vessel operators<\/span> and any associated recordkeeping related to the ballast water<\/span> reporting requirements of this article. If in the judgment<\/span> of the Commission<\/span> or the Virginia Maritime Association, the Virginia Maritime Association is unable to satisfactorily perform its responsibilities, the Commission<\/span> may (i) select another agent, provided proper notice of the change in the designated agent has been given to operators<\/span>, or (ii) assume responsibility for carrying out the provisions of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For commercial vessels<\/span> whose point of origin is located outside the United States Exclusive Economic Zone and whose first port of call within the United States Exclusive Economic Zone is within Virginia waters, the filing of a copy of the completed form submitted by the operator<\/span> to the National Ballast Water<\/span> Information Clearinghouse of the Smithsonian Environmental Research Center with the Virginia Maritime Association shall be deemed compliance with the reporting requirements of this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any operator<\/span> of a commercial vessel<\/span> who knowingly fails to file a Ballast Water<\/span> Control Report form with the Virginia Maritime Association within the applicable time period set forth in subsection A, or who knowingly makes any false statement in a Ballast Water<\/span> Control Report form submitted to the Virginia Maritime Association, shall be guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFILING REQUIREMENTS; PENALTY (\u00a7 28.2-110)\n\nA. The operator, or a ship agent acting on behalf of the operator, of a\ncommercial vessel that enters into Virginia waters shall file a Ballast Water\nControl Report form with the Virginia Maritime Association as the designated\nagent of the Commission (i) within seventy-two hours of the completion of the\ndischarge of ballast water if the commercial vessel discharges ballast water\ninto Virginia waters, or (ii) prior to the commercial vessel’s departure\nfrom Virginia waters if the commercial vessel does not discharge ballast water\ninto Virginia waters. The operator, or ship agent of an operator, shall not be\nrequired to file a Ballast Water Control Report form if the commercial\nvessel’s previous port-of-call is located within the United States\nExclusive Economic Zone and a ballast water control report was previously filed\nupon entering the first port-of-call within the United States Exclusive Economic\nZone. A Ballast Water Control Report form shall be deemed to have been filed\nwhen it is hand delivered to the Virginia Maritime Association, sent by\nelectronic mail or facsimile transmission and received by the Virginia Maritime\nAssociation, or sent to the Virginia Maritime Association by registered or\ncertified mail, return receipt requested. The services of the Virginia Maritime\nAssociation shall be provided at no cost to the Commission. The fees assessed by\nthe Virginia Maritime Association shall only be that amount necessary to cover\nthe expenses for the reporting services provided to vessel operators and any\nassociated recordkeeping related to the ballast water reporting requirements of\nthis article. If in the judgment of the Commission or the Virginia Maritime\nAssociation, the Virginia Maritime Association is unable to satisfactorily\nperform its responsibilities, the Commission may (i) select another agent,\nprovided proper notice of the change in the designated agent has been given to\noperators, or (ii) assume responsibility for carrying out the provisions of this\nsection.\n\nB. For commercial vessels whose point of origin is located outside the United\nStates Exclusive Economic Zone and whose first port of call within the United\nStates Exclusive Economic Zone is within Virginia waters, the filing of a copy\nof the completed form submitted by the operator to the National Ballast Water\nInformation Clearinghouse of the Smithsonian Environmental Research Center with\nthe Virginia Maritime Association shall be deemed compliance with the reporting\nrequirements of this section.\n\nC. Any operator of a commercial vessel who knowingly fails to file a Ballast\nWater Control Report form with the Virginia Maritime Association within the\napplicable time period set forth in subsection A, or who knowingly makes any\nfalse statement in a Ballast Water Control Report form submitted to the Virginia\nMaritime Association, shall be guilty of a Class 1 misdemeanor.\n\nHISTORY: 2001, c. 312; 2002, c. 40; 2010, c. 815.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}