A ship is considered to be a seagoing steamer, motor or sailing ship but does not include small craft usually plying the waters of Bermuda.
Bermuda’s territorial waters are defined as the sea within twelve nautical miles of the baselines. The baseline is measured as generally the low water line, except that, between points at 32° 15.2’N 64 °52.3’W and 32° 22.7’N 64° 39.7’W on the coast inshore of Hogfish Cut and Town Cut respectively, the baseline follows the seaward limit of the main reef as shown on Admiralty chart 334 to the west and north of the main group of the islands of Bermuda. Where there is a break or passage in that reef, the baseline is a straight line joining the seaward entry points of that break or passage (Bermuda (Territorial Sea) Order in Council 1988).
Policy Statements
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A ship staying (i.e. anchoring, mooring, berthing, landing or docking) in Bermuda’s territorial waters for a total of 7 or more days within one year (i.e. a period spanning at least 365 days) shall make application for operating licences for controlled plant under the Clean Air Act 1991 (controlled plant include electrical and steam generators, sewage treatment plants, incinerators, oily water separators, plant for the processing of gravel, sand and/or soil) prior to the ship’s arrival in Bermuda. If staying for less than 1 day in Bermuda’s territorial waters, the number of hours spent there is irrelevant; any fraction of a partial day counts as 1 full day. Exceptions will be considered for those ships calling into Bermuda’s ports in emergency situations. Operating licences are not required for engines used solely for propulsion.
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Use of any incinerator in Bermuda’s territorial waters is prohibited unless the owner is in possession of a valid operating licence issued by the Environmental Authority.
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The maximum allowed sulphur content in fuel for combustion purposes on a ship is 0.5%. Ships equipped with exhaust gas cleaning systems (EGCS) shall seek the prior approval of the Environmental Authority before its use in Bermuda’s territorial waters. Washwater and residue from the EGCS shall be not disposed of in Bermuda or discharged into Bermuda’s waters but shall be stored on board the ship until outside of Bermuda’s waters (i.e. Once approved the operation of EGCS shall only be in the ‘Closed’ configuration).
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Opacity of exhaust emissions from controlled plant shall not exceed 5% except during periods of engine start-up, cool down or when manoeuvring though channels, including with a pilot, that requires additional engines to operate at low load as a contingency measure. All reasonable precautions shall be taken to prevent unnecessary emissions of air pollution from the ship (Marine & Ports Services Act 2021). Ships that are not fitted with opacity sensors shall periodically undertake visual emission testing to United States Environmental Authority (US EPA) method #9 while in port under hotel load. The Department of Environment and Natural Resources (DENR) will determine the frequency based upon the data received from the first test.
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The stack or exhaust outlet of controlled plant shall be situated so that the exhaust fumes do not foul the ventilation of buildings, including windows and air intake points or vents, or adversely impact nearby residents.
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Controlled plant shall be installed and maintained to produce the minimum amount of noise and vibration.
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Controlled plant shall have a regular maintenance and testing schedule, and the maintenance and scheduling shall be logged and available for inspection.
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Any aggregate piles or movement of aggregate shall be managed to minimise fugitive emissions and minimise sediment loading of storm-water runoff.
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A ship shall not discharge any bilge water within Bermuda’s territorial waters except as provided under the provisions of the Merchant Shipping (Prevention of Oil Pollution) Regulations 2021 (i.e. bermudalaws.bm). In the event of a discharge details shall be provided in the Oil Record Book and notification provided immediately to Bermuda Radio (VHF CH#16, Tel: 297-1010), while also implementing the shipboard oil pollution emergency plan. General exceptions, including the need to secure the safety of the ship, are provided in Sections 20-22 of the Regulations. Always secure permission prior to the need to discharge bilge water where applicable.
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Any discharge of fuels, oils, sewage or other contaminants overboard shall be reported immediately (within 1 hour) to Bermuda Radio as per the guidance provided at: https://www.gov.bm/spills-on-the-sea.
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A ship shall not discharge ballast unless it has met the (i) ballast water exchange standard D1 prior to arrival to Bermuda (i.e. >200nm or >50nm if requested) OR the (ii) ballast water treatment performance standard D2, including a valid International Ballast Water Management Certificate (IBWMC) issued from a certifying authority, as reflected in the Ballast Water Management Plan and ballast water record log book for the ship. It is noted that ensuing the safety of the ship in emergency situations is paramount therefore all reasonable precautions should be taken to prevent non-compliance with this regulation†.
Footnote: † - See: Merchant Shipping (Ballast Water management Convention) Regulations 2023 in www.bermudalaws.bm
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A ship shall not discharge liquid effluent, including raw sewage, grey water, swimming pool water, hot tub water, pulper wastes, photoprocessing fluids, within Bermuda’s territorial waters. Liquid effluent may be discharged into appropriate shore reception facilities. Treated effluent shall not be discharged into Bermuda’s territorial waters without the prior approval of DENR (See https://www.gov.bm/spills-on-the-sea).
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The underwater hull of a ship shall not be cleaned in Bermuda’s territorial waters. Rinsing and cleaning of the hull above the water line may be undertaken using only fresh water or salt water. No cleaning agents may be used.
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The underwater hull of a ship shall not be painted in Bermuda’s territorial waters. There shall be no chipping or scraping of painted or varnished surfaces on the exterior of any ship in Bermuda’s territorial waters unless it is on a commercial boat slip or unless the prior approval of the DENR has been obtained. Spot painting of the ship sides above the waterline is permitted providing paint is prevented from dripping into Bermuda’s waters.
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Propellers shall not be polished in Bermuda’s territorial waters.
- All ships shall complete a Waste Notification Form at least 24-hours prior to arrival in Bermuda (https://www.gov.bm/waste-disposal-ships). Approval of the Department of Public Works, Waste Management Section, shall be obtained prior to the discharge of waste. Wastes from a ship shall be separated into burnable material, recyclable material, hazardous, biomedical, bulky, and municipal wastes. Recyclable materials are aluminium, steel and glass food and beverage containers. Due to the risk of introducing pests and diseases in food wastes all food waste shall be disposed of at Tynes Bay Waste to Energy Facility (See waste segregation requirements for Bermuda: https://www.gov.bm/sites/default/files/IMO_MEPC_Form_644 _Waste_Segregation_for_Bermuda_July_2021_4.pdf). The ship/ship’s agent shall be responsible for the haulage of wastes to the appropriate receiving facility.
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No discharge of animal wastes, including bedding, manure, and carcasses, shall be under-taken without the prior approval of DENR (See https://www.gov.bm/spills-on-the-sea).
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Hazardous and special wastes, including incinerator ash, oils, greases, batteries, fluorescent lamps, paints, mercury-containing items, flares, can be disposed of in Bermuda but please note that disposal of these wastes will be charged for costs incurred to package and ship to the US.
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Bulky wastes, including, anchors, ropes, indoor and outdoor furniture, mattresses, engine parts, masts, shall not be disposed of in Bermuda or its territorial waters.
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For policies concerning fruits, vegetables, animals and plants on board ships in Bermuda or its territorial waters, please contact plants@gov.bm or animals@gov.bm
Contact details
For further information, please contact the Department of Environment and Natural Resources, Botanical Gardens, 169 South Road, Paget DV-04, Bermuda or P.O. Box HM 834, Hamilton HMCX, Bermuda. Tel: (441) 236-4201; e-mail:PollutionControl@gov.bm.