New Zealand Biofouling Management//Update on 18 Oct. 2023//

It is well known that New Zealand has its own Biofouling requirement.

To avoid MPI's intervention to vessel, delay of ship's schedule and entering restriction, how about to adopt below procedure before your ship calls New Zealand? 

• Implement Biofouling Management Plan and Record Book
• Keep record of Under Water Inspection and/or Cleaning
• Keep records and/or documents introduced below No.4 in this article.
• Once the port of call to New Zealand is decided, check ship's biosecurity risk by Self Assessment Flow Chart.

• Refer “Schedule 2” in CRMS (13 October 2023) for “Minimum evidence requirements for vessel biofouling inspections”.

• Comply with Lymantria complex (=AGM = FSMC) requirements 
• Contact MPI([e-mail] or [e-mail]  )if you have question /doubt.

Update on 18 Oct. 2023

CRMS has been updated on 13 Oct. 2023. We have amended below and highlighted such amended part in yellow. 

Please refer below for more detail.

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1. Biofouling requirement 

All ships arriving New Zealand are required to follow Craft Risk Management Standard(CRMS). Ships must provide evidence of biofouling management before they arrive in New Zealand.

You can find CRMS (Updated 13 October 2023) from below link.

https://www.mpi.govt.nz/dmsdocument/19757-Craft-Risk-Management-Standard-for-Vessels 

2. Ship's Category

For CRMS, ships are categorizes as 'Short-stay vessels' which intends to remain New Zealand for 28days or less, and 'Long-stay vessels' which intends to remain New Zealand for 29days or more. Generally, Long -stay vessels are required more strict requirement for biofouling management.

3. How to comply with the requirements

You'll be able to meet the biofouling requirements by doing one of the following (and having documentation to prove it):

• Undertaking continual hull maintenance using best practices (This is suitable for short-stay vessels only).    *The IMO Biofouling Guidelines is an example of best practice.
• Cleaning the hull and niche areas within 30 days before arrival in New Zealand.
• Clean out of water on arrival: Clean out of water on arrival: Have a booking at a MPI approved haul-out facility to remove biofouling and enter this facility within 24 hours of arrival to New Zealand. Once in the facility, all biofouling from all parts of the hull, including niche areas are removed. 
• Treat on arrival: All available approved treatments are listed in Approved Biosecurity Treatments (MPI-STD-ABTRT). This excludes the removal of biofouling in an approved haul-out facility.

If your vessel can't meet the standard using one of these measures, you may develop a craft risk management plan that details alternate but equivalent measures to manage biofouling.

4. Providing evidence of compliance

Before you arrive, MPI will ask to see evidence that you've undertaken one of the 4 measures listed above. Evidence must be verifiable, and may include:

• Your biofouling management plan and record book
• Dates and reports of dry docking
• Current antifouling certificates
• Vessel operational history
• evidence of independent inspections and ongoing maintenance (such as cleaning or treatment) by suitably qualified people.
• Refer CRMS (updated 13 October 2023) Sec. 1.4 Required information for detailed information.

5.Non-compliant vessels

If you cannot provide verifiable evidence that you've used one of the compliance options above, MPI may:

• Require a hull inspection on arrival to New Zealand
• Restrict your New Zealand itinerary
• Restrict entry of your vessel to New Zealand
• Ask you to clean your vessel within 24 hours by an approved provider in New Zealand.

If the operator or person in charge of the vessel does not comply with this standard, an inspector or authorised person may issue a compliance order requiring compliance.

Section 154C of the Act provides that the person against whom a compliance order is made must -

(a) comply with the order; and

(b) do so within the period stated in the order, if a period is stated; and

(c) pay all the costs and expenses of complying with the order, unless the order states otherwise.

Section 154N(11) of the Act states that a person who fails to comply with a compliance order commits an offence. Every person who commits an offence against this section is liable on conviction, in the case of an individual, to imprisonment for a term not exceeding three months, a fine not exceeding NZ$50,000, or both: and in the case of a corporation, to a fine not exceeding NZ$100,000. 

Deliberate non-compliance with the requirements of this standard or negligence leading to non-compliance may lead to increased intervention regimes (e.g. inspections or audits).

6. Self Assessment

Then, how we can judge if our ship meet the CRMS requirement?

MPI provides flow chart for Self Assessment, and you can assess how MPI judges ship's biosecurity risk by this flow chart.

※Please note, this flow chart is guidance only and does not constitute, and should not be regarded as, legal advice. 

You can find this flow chat from below links.
https://www.mpi.govt.nz/dmsdocument/51886-Biofouling-Compliance-Self-Assessment-Tool-For-vessels-arriving-to-New-Zealand

7. Additional requirements for specific regulated pests

Lymantria complex (formerly referred to as Asian gypsy moth (AGM))

*Species of the Lymantria complex are also commonly referred to as the flighted spongy moth complex.

(1) The operator, or person in charge of a vessel, must ensure that the vessel is free of species of the Lymantria complex when it enters New Zealand territory.

(2) If the vessel has visited a risk area during the 12 months immediately preceding the vessel’s entry into New Zealand territory and that visit took place during a risk period for the risk area (Schedule 5 of  CRMS 13 October 2023), then the operator or person in charge of the vessel must ensure that the vessel does not enter New Zealand territory unless they have obtained a valid certificate of freedom from species of the Lymantria complex.

(3) If the vessel has visited more than one risk area during the 12 months immediately preceding the vessel’s entry into New Zealand territory and these visits took place within the corresponding risk period for the areas visited, a valid certificate of freedom from species of the Lymantria complex is required following the most recent risk area visited in the relevant risk period.

(4) A valid certificate of freedom from species of the Lymantria complex must be issued by an MPIrecognised inspection body and must certify that:

a) the vessel was inspected by an MPI-recognised inspection body during the daylight hours on the same calendar day as vessel departure; and

b) the vessel is free of species of the Lymantria complex.

Summary

To avoid MPI's intervention to vessel, delay of ship's schedule and entering restriction, how about to adopt below procedure before your ship calls New Zealand? 

• Implement Biofouling Management Plan and Record Book
• Keep record of Under Water Inspection and/or Cleaning
• Keep records and/or documents introduced below No.4 in this article.
• Once the port of call to New Zealand is decided, check ship's biosecurity risk by Self Assessment Flow Chart.

• Refer “Schedule 2” in CRMS (13 October 2023) for “Minimum evidence requirements for vessel biofouling inspections”.

• Comply with Lymantria complex (=AGM = FSMC) requirements 
• Contact MPI([e-mail] or [e-mail]  )if you have question /doubt.

Below is also useful information 

MPI website for general Biofouling Managemen
Recommendation for commercial ships