SECTIONS 71203-71210.5 - California Statutes

PUBLIC RESOURCES CODE

SECTION 71203-71210.5

71203. (a) The master, operator, or person in charge of a vessel is
responsible for the safety of the vessel, its crew, and its
passengers.
(b) (1) The master, operator, or person in charge of a vessel is
not required by this division to conduct a ballast water management
practice, including exchange, if the master determines that the
practice would threaten the safety of the vessel, its crew, or its
passengers because of adverse weather, vessel design limitations,
equipment failure, or any other extraordinary conditions.
(2) If a determination described in paragraph (1) is made, the
master, operator, or person in charge of the vessel shall take all
feasible measures, based on the best available technologies
economically achievable, that do not compromise the safety of the
vessel to minimize the discharge of ballast water containing
nonindigenous species into the waters of the state, or waters that
may impact waters of the state.
(c) Nothing in this division relieves the master, operator, or
person in charge of a vessel of the responsibility for ensuring the
safety and stability of the vessel or the safety of the crew and
passengers, or any other responsibility.

71204. Subject to Section 71203, the master, owner, operator, or
person in charge of a vessel carrying, or capable of carrying,
ballast water, that operates in the waters of the state shall do all
of the following to minimize the uptake and the release of
nonindigenous species:
(a) Discharge only the minimal amount of ballast water essential
for vessel operations while in the waters of the state.
(b) Minimize the discharge or uptake of ballast water in areas
within, or that may directly affect, marine sanctuaries, marine
preserves, marine parks, or coral reefs.
(c) Minimize or avoid uptake of ballast water in all of the
following areas and circumstances:
(1) Areas known to have infestations or populations of
nonindigenous organisms and pathogens.
(2) Areas near a sewage outfall.
(3) Areas for which the master, owner, operator, or person in
charge of a vessel has been informed of the presence of toxic algal
blooms.
(4) Areas where tidal flushing is known to be poor or in turbid
waters.
(5) In darkness when bottom-dwelling organisms may rise up in the
water column.
(6) Areas where sediments have been disturbed, such as near
dredging operations or where propellers may have recently stirred up
the sediment.
(d) Clean the ballast tanks regularly in mid-ocean waters, or
under controlled arrangements in port or in drydock, to remove
fouling organisms and sediments, and dispose of those organisms and
sediments in accordance with local, state, and federal law.
(e) Rinse anchors and anchor chains when retrieving the anchor to
remove organisms and sediments at their place of origin.
(f) (1) Remove hull fouling organisms from hull, piping,
propellers, sea chests, and other submerged portions of a vessel, on
a regular basis, and dispose of removed substances in accordance with
local, state, and federal law.
(2) For purposes of paragraph (1), prior to and until the date
that the regulations described in Section 71204.6 are adopted,
"regular basis" means any of the following:
(A) No longer than by the date of expiration on the vessel's
full-term Safety Construction Certificate or an extension of that
expiration date.
(B) No longer than by the date of expiration of the vessel's
full-term United States Coast Guard Certificate of Inspection or an
extension of that expiration date by the United States Coast Guard.
(C) No longer than 60 months since the time of the vessel's last
out-of-water drydocking. The commission may approve a time extension
to this period.
(3) Inwater cleaning that is performed on the submerged portions
of a vessel while in the waters of the state shall be conducted using
best available technologies economically achievable, and designed to
minimize the release of coating and biological materials, cleaning
agents, and byproducts of the cleaning process into the surrounding
waters. The cleaning shall be performed in accordance with local,
state, and federal law.
(g) Provide access to the commission, upon request, for sampling
of ballast intake and discharge.
(h) Maintain a ballast water management plan that was prepared
specifically for the vessel and that shall, upon request, be made
available to the commission for inspection and review. This plan
shall be specific to each vessel and shall provide, at a minimum, a
description of the ballast water management strategy for the vessel
that is sufficiently detailed to allow a master or other appropriate
ship's officer or crew member serving on that vessel to understand
and follow the ballast water management strategy.
(i) Train the master, operator, person in charge, and those
members of the crew who have responsibilities under the vessel's
ballast water management plan, on the application of ballast water
and sediment management and treatment procedures, as well as
procedures described in this section, in order to minimize other
releases of nonindigenous species from vessels.

71204.2. Prior to and until the date of implementation of the
regulations described in Section 71204.5, and subject to Section
71203, the master, operator, or person in charge of a vessel that
arrives at a California port or place from a port or place outside of
the EEZ shall employ at least one of the following ballast water
management practices:
(a) Exchange the vessel's ballast water in mid-ocean waters,
before entering the waters of the state.
(b) Retain all ballast water on board the vessel.
(c) (1) Discharge the ballast water at the same location where the
ballast water originated, provided that the master, operator, or
person in charge of the vessel can demonstrate that the ballast water
to be discharged was not mixed with ballast water taken on in an
area other than mid-ocean waters.
(2) For purposes of this subdivision, "same location" means an
area within one nautical mile (6,000 feet) of the berth or within the
recognized breakwater of a California port or place, at which the
ballast water to be discharged was loaded.
(d) Use an alternative, environmentally sound method of ballast
water management that, before the vessel begins the voyage, has been
approved by the commission or the United States Coast Guard as being
at least as effective as exchange, using mid-ocean waters, in
removing or killing nonindigenous species.
(e) Discharge the ballast water to a reception facility approved
by the commission.
(f) Under extraordinary circumstances, perform a ballast water
exchange within an area agreed to by the commission in consultation
with the United States Coast Guard at or before the time of the
request.

71204.3. Commencing on the date of implementation of the
regulations described in Section 71204.5, and subject to Section
71203, the master, operator, or person in charge of a vessel that
arrives at a California port or place from a port or place outside of
the Pacific Coast Region shall employ at least one of the following
ballast water management practices:
(a) Exchange the vessel's ballast water in mid-ocean waters,
before entering the coastal waters of the state.
(b) Retain all ballast water on board the vessel.
(c) (1) Discharge the ballast water at the same location where the
ballast water originated, provided that the master, operator, or
person in charge of the vessel can demonstrate that the ballast water
to be discharged was not mixed with ballast water taken on in an
area other than mid-ocean waters.
(2) For purposes of this subdivision, "same location" means an
area within one nautical mile (6,000 feet) of the berth or within the
recognized breakwater of a California port or place, at which the
ballast water to be discharged was loaded.
(d) Use an alternative, environmentally sound method of ballast
water management that, before the vessel begins the voyage, has been
approved by the commission or the United States Coast Guard as being
at least as effective as exchange, using mid-ocean waters, in
removing or killing nonindigenous species.
(e) Discharge the ballast water to a reception facility approved
by the commission.
(f) Under extraordinary circumstances, perform a ballast water
exchange within an area agreed to by the commission in consultation
with the United States Coast Guard at or before the time of the
request.

71204.5. (a) On or before January 1, 2005, the commission shall
adopt regulations governing ballast water management practices for
vessels arriving at a California port or place from a port or place
within the Pacific Coast Region. The commission shall consider vessel
design and voyage duration in developing these regulations. The
regulations shall be based on the best available technology
economically achievable and shall be designed to protect the waters
of the state. The regulations shall include, as appropriate,
restrictions or prohibitions on discharge of ballast water containing
nonindigenous species into areas in and outside estuaries and into
ocean areas shown to have a capacity to retain organisms.
(b) Subject to Section 71203, and commencing no later than July 1,
2005, the master, operator, or person in charge of a vessel arriving
at a California port or place from a port or place within the
Pacific Coast Region shall comply with these regulations.

71204.6. On or before January 1, 2012, the commission, in
consultation with the board, the United States Coast Guard, and a
technical advisory group consisting of interested persons including,
but not limited to, shipping, port, and environmental conservation
representatives, shall develop and adopt regulations governing the
management of hull fouling on vessels arriving at a California port
or place. The commission shall consider vessel design and voyage
duration in developing the regulations. The regulations shall be
based on the best available technology economically achievable and
shall be designed to protect the waters of the state.

71204.7. (a) On or before July 1, 2005, the commission, in
consultation with the United States Coast Guard, shall adopt
regulations governing the evaluation and approval of shipboard
experimental ballast water treatment systems.
(b) The regulations shall include criteria for the development of
a formal application package to use those systems.
(c) (1) If an owner or operator of a vessel applies to install an
experimental ballast water treatment system, and the commission
approves that application on or before January 1, 2008, the
commission shall deem the system to be in compliance with any future
treatment standard adopted, for a period not to exceed five years
from the date that the interim performance standards adopted pursuant
to paragraphs (1) and (2) of subdivision (a) of Section 71205.3
would apply to that vessel.
(2) The commission may rescind its approval of the system at any
time if the commission, in consultation with the board and the United
States Coast Guard, and after an opportunity for administrative
appeal with the executive officer of the commission, determines that
the system has not been operated in accordance with conditions in the
agreed upon application package, or that there exists a serious
deficiency in performance, human safety, or environmental soundness
relative to anticipated performance, or that the applicant has failed
to provide the commission with required test results and
evaluations.
(d) The commission shall not approve an experimental ballast water
treatment system unless the owner or operator demonstrates that the
system has significant potential to improve upon the ability of
existing systems to kill, inactivate, or otherwise remove
nonindigenous species from ballast water.
(e) The commission shall disseminate to the public the test
results and evaluations regarding experimental ballast water
treatment systems described in this section.

71204.9. (a) (1) On or before January 31, 2006, the commission, in
consultation with the board and in consideration of the advisory
panel recommendations described in subdivision (b), shall submit to
the Legislature and make available to the public, a report that
recommends specific performance standards for the discharge of
ballast water into the waters of the state, or into waters that may
impact waters of the state. The performance standards shall be based
on the best available technology economically achievable and shall be
designed to protect the beneficial uses of affected, and potentially
affected, waters. If the commission, based on the best available
information, and in consultation with the board and in consideration
of the advisory panel recommendations, determines that it is
technologically and economically achievable to prohibit the discharge
of nonindigenous species, the commission shall include this
recommendation in the report to the Legislature.
(2) As appropriate, the commission may recommend different
performance standards for vessels arriving from mid-ocean waters, for
vessels that travel exclusively within the Pacific Coast Region, for
new or existing vessels, or for different vessel types. Each set of
performance standards shall be based on the best available technology
economically achievable for the described category of vessel.
(b) (1) The commission shall convene and consult with an advisory
panel in developing the report required by subdivision (a). The
advisory panel shall be comprised of persons concerned with
performance standards for the discharge of treated ballast water. The
advisory panel shall include, but not be limited to, representatives
from one or more California regional water quality control boards,
the Department of Fish and Game, the United States Coast Guard, the
United States Environmental Protection Agency, and persons
representing shipping, port, conservation, fishing, aquaculture,
agriculture, and public water agency interests. The commission shall
ensure that the advisory panel meets in a manner that facilitates the
effective participation of both the public and panel members.
(2) The advisory panel shall make recommendations regarding the
content, issuance, and implementation of the performance standards to
the commission.
(3) (A) The advisory panel's meetings shall be open to the public.
(B) The commission shall provide notice of the advisory panel's
meetings to any person who requests that notice in writing, as well
as on the commission's Web site. The commission shall provide that
notice at least 10 days before an advisory panel meeting and shall
include a brief general description of the meeting's agenda and the
name, address, and telephone number of a person who can provide
additional information before the meeting.
(4) The advisory panel shall submit its recommendations to the
commission on or before July 1, 2005.

71205. (a) (1) The master, owner, operator, agent, or person in
charge of a vessel carrying, or capable of carrying, ballast water,
that visits a California port or place, shall provide the information
described in subdivision (c) in electronic or written form to the
commission upon the vessel's departure from each port or place of
call in California.
(2) The information described in subdivision (c) shall be
submitted using a form developed by the United States Coast Guard.
(b) If the information submitted in accordance with this section
changes, an amended form shall be submitted to the commission upon
the vessel's departure from each port or place of call in California.
(c) (1) The master, owner, operator, or person in charge of the
vessel shall maintain on board the vessel, in written or electronic
form, records that include all of the following information:
(A) Vessel information, including all of the following:
(i) Name.
(ii) International Maritime Organization number or official number
if the International Maritime Organization number has not been
assigned.
(iii) Vessel type.
(iv) Owner or operator.
(v) Gross tonnage.
(vi) Call sign.
(vii) Port of registry.
(B) Voyage information, including the date and port of arrival,
vessel agent, last port and country of call, and next port and
country of call.
(C) Ballast water information, including the total ballast water
capacity, total volume of ballast water on board, total number of
ballast water tanks, capacity of each ballast water tank, and total
number of ballast water tanks in ballast, using measurements in
metric tons (MT) and cubic meters (m3).
(D) Ballast water management information, including all of the
following:
(i) The total number of ballast tanks or holds, the contents of
which are to be discharged into the waters of the state or to a
reception facility.
(ii) If an alternative ballast water management method is used,
the number of tanks that were managed using an alternative method, as
well as the type of method used.
(iii) Whether the vessel has a ballast water management plan and
International Maritime Organization guidelines on board, and whether
the ballast water management plan is used.
(iv) Whether the master, operator, or person in charge of the
vessel has claimed a safety exemption pursuant to paragraph (1) of
subdivision (b) of Section 71203 for the vessel voyage, and the
reason for asserting the applicability of that paragraph.
(E) Information on ballast water tanks, the contents of which are
to be discharged into the waters of the state or to a reception
facility, including all of the following:
(i) The origin of ballast water, including the date and location
of intake, volume, and temperature. If a tank has been exchanged, the
identity of the loading port of the ballast water that was
discharged during the exchange.
(ii) The date, location, volume, method, thoroughness measured by
percentage exchanged if exchange is conducted, and sea height at time
of exchange if exchange is conducted, of ballast water exchanged or
otherwise managed.
(iii) The expected date, location, volume, and salinity of ballast
water to be discharged into the waters of the state or a reception
facility.
(F) Discharge of sediment and, if sediment is to be discharged
within the state, the location of the facility where the disposal
will take place.
(G) Certification of accurate information, that shall include the
printed name, title, and signature of the master, owner, operator,
person in charge, or responsible officer attesting to the accuracy of
the information provided and certifying compliance with the
requirements of this division.
(H) Changes to previously submitted information.
(2) The master, owner, operator, or person in charge of a vessel
subject to this subdivision shall retain a signed copy of the
information described in this subdivision on board the vessel for two
years.
(d) The master, owner, operator, or person in charge of a vessel
subject to this division shall retain for two years a separate
ballast water log outlining ballast water management activities for
each ballast water tank on board the vessel and shall make the
separate ballast water log available to the commission for inspection
and review.
(e) (1) The master, owner, operator, agent, or person in charge of
a vessel subject to this division shall provide the information
described in subdivision (f) in electronic or written form to the
commission annually upon request of the commission. The master,
owner, operator, agent, or person in charge of the vessel shall
submit that information within 60 days of receiving a written or
electronic request from the commission. For purposes of this
paragraph, the reporting shall begin on January 1, 2008, and continue
until the date that the regulations described in Section 71204.6 are
adopted.
(2) (A) The information described in subdivision (f) shall be
submitted using a form developed by the commission.
(B) The master, owner, operator, or person in charge of a vessel
subject to this subdivision shall retain a copy of the form submitted
pursuant to this subdivision on board the vessel for two years.
(f) The master, owner, operator, agent, or person in charge of a
vessel subject to this division shall maintain, in written or
electronic form, records that include the following information:
(1) (A) Date and location of drydocking events.
(B) Whether the vessel in general, and the submerged portion of
the vessel, sea chests, anchors, and associated chains in particular,
were cleaned during a drydocking event.
(2) Date and geographic location of all inwater cleaning of the
submerged portion of the vessel.
(3) (A) Date and geographic location of all antifouling paint
applications to the vessel.
(B) The manufacturer and brand name of the antifouling paint
applied to the vessel.
(4) Any additional information required by the commission by rule
or regulation.
(g) (1) The master, owner, operator, agent, or person in charge of
a vessel subject to this division that has a ballast water treatment
system installed on board that is used to comply with this division
and has discharged ballast in waters of the state shall provide to
the commission based on a schedule to be developed by the commission,
by rule or regulation, in consultation with the advisory panel
established in Section 71204.9 and the United States Coast Guard, the
following information in electronic or written form:
(A) The manufacturer and product name of the ballast water
treatment system on board the vessel.
(B) If applicable, the name and organization that has approved the
ballast water treatment system and the approval or certification
number of the ballast water treatment system technology.
(C) The number of tanks and the volume of each tank that is
managed using the ballast water treatment system and that was
discharged in waters of the state.
(D) Any additional information required by the commission by rule
or regulation.
(2) The information required by paragraph (1) shall be provided on
a form developed by the commission.
(h) The master, owner, operator, agent, or person in charge of a
vessel subject to this division that has a ballast water treatment
system installed on board that is used to comply with this division
shall maintain on board the vessel, in written or electronic form,
records, including, but not limited to, all of the following
information:
(1) Copies of all reports and forms described in subdivision (g),
submitted to the commission.
(2) Material safety data sheets for all chemicals utilized in
conjunction with the ballast water treatment system.
(3) System manufacturer's technical guides, publications, and
manuals.
(4) Ballast water treatment system performance information, which
may be incorporated into the ballast log described in subdivision
(d), and includes, at a minimum, all of the following information:
(A) The date, time, and location of the starting and stopping of
the system for the purpose of treating ballast water.
(B) System malfunctions or unexpected situations, including
problem resolution.
(C) Both scheduled and unscheduled maintenance of the system.
(D) All relevant measures of performance recorded during system
operation.
(E) Any additional information required by the commission by rule
or regulation.

71205.3. (a) On or before January 1, 2008, the commission shall
adopt regulations that do all of the following:
(1) Except as provided otherwise in Section 71204.7, require an
owner or operator of a vessel carrying, or capable of carrying,
ballast water that operates in the waters of the state to implement
the interim performance standards for the discharge of ballast water
recommended in accordance with Table x-1 of the California State
Lands Commission Report on Performance Standards for Ballast Water
Discharges in California Waters, as approved by the commission on
January 26, 2006.
(2) Except as provided otherwise in Section 71204.7, require an
owner or operator of a vessel carrying, or capable of carrying,
ballast water that operates in the waters of the state to comply with
the following implementation schedule:

Standards apply Standards apply
Ballast water to new vessels to all other
capacity of in this size vessels in this
vessel class size class
constructed on beginning on:
or after:
5000 metric January 1, 2012 January
tons 1, 2016

(3) Notwithstanding Section 71204.7, require an owner or operator
of a vessel carrying, or capable of carrying, ballast water that
operates in the waters of the state to meet the final performance
standard for the discharge of ballast water of zero detectable for
all organism size classes by 2020, as approved by the commission on
January 26, 2006.
(b) On or before January 1, 2009, for the interim performance
standards specified in paragraph (1) of subdivision (a) that have to
be complied with in 2010, as specified in paragraph (2) of
subdivision (a), and not less than 18 months prior to the scheduled
compliance date specified in paragraph (2) of subdivision (a) for
each subsequent class and the date for implementation of the final
performance standard, as specified in paragraph (3) of subdivision
(a), the commission, in consultation with the State Water Resources
Control Board, the United States Coast Guard, and the advisory panel
described in subdivision (b) of Section 71204.9, shall prepare, or
update, and submit to the Legislature a review of the efficacy,
availability, and environmental impacts, including the effect on
water quality, of currently available technologies for ballast water
treatment systems. If technologies to meet the performance standards
are determined in a review to be unavailable, the commission shall
include in that review an assessment of why the technologies are
unavailable.

71206. (a) The commission, in coordination with the United States
Coast Guard, shall take samples of ballast water and sediment from at
least 25 percent of the arriving vessels subject to this division,
examine documents, and make other appropriate inquiries to assess the
compliance of any vessel subject to this division. The commission
shall provide to the board copies of all sampling results.
(b) The master, owner, operator, or person in charge of a vessel
subject to this division shall make available to the commission, upon
request of that commission, the records required by Section 71205.
(c) The commission, in coordination with the United States Coast
Guard, shall compile the information obtained from submitted reports.
The information shall be used, in conjunction with existing
information relating to the number of vessel arrivals, to assess
vessel reporting rates and compliance with the requirements of this
division.

71207. (a) This division describes the state program to regulate
the discharge or release of ballast water and other vectors of
nonindigenous species from vessels regulated pursuant to this
division. Prior to January 1, 2010, a state agency, board,
commission, or department shall not impose a requirement, pertaining
to the discharge or release of ballast water and other vectors of
nonindigenous species from a vessel regulated pursuant to this
division, that is different from the requirements set forth in this
division, unless that action is mandated by federal law.
(b) Nothing in this division restricts a state or local agency,
board, commission, or department, or a subdivision of one of those
entities, from enforcing this division, if the total fines imposed by
those entities do not exceed the amount of the fines set forth in
Section 71216.
(c) A person who violates this division is subject to civil and
criminal liability in accordance with Chapter 5 (commencing with
Section 71216).
(d) The commission may require a vessel operating in violation of
this division to depart the waters of the state and exchange, treat,
or otherwise manage the ballast water at a location determined by the
commission, unless the master determines that the departure or
exchange would threaten the safety or stability of the vessel, its
crew, or its passengers.

71210. (a) The commission, in consultation with the board, the
United States Coast Guard, and a technical advisory group made up of
interested persons, including, but not limited to, shipping and port
representatives, shall sponsor pilot programs for the purpose of
evaluating alternatives for treating and otherwise managing ballast
water. The goal of this effort shall be the reduction or elimination
of the discharge of nonindigenous species into the coastal waters of
the state or into waters that may impact coastal waters of the state.
Whenever possible, the pilot programs shall include funding from
federal grants and appropriations, vendor funding, and state bond
funds, including, but not limited to, bond funds from the Water
Security, Clean Drinking Water, Coastal and Beach Protection Act of
2002. Priority shall be given to projects to test and evaluate
treatment technologies that can be used to prevent the introduction
and spread of nonindigenous aquatic species into coastal waters of
the state by ship-mediated vectors.
(b) The commission shall provide biennial summaries to the
Legislature and the public, beginning on or before January 31, 2005,
of the results of the pilot programs conducted pursuant to this
section. These summary reports shall include, but not be limited to,
a description of the projects, the relative effectiveness of the
technologies examined in minimizing the discharge of nonindigenous
species, and the costs of implementing the technologies.

71210.5. The commission, in consultation with the board, the United
States Coast Guard, and a technical advisory group made up of
interested persons including, but not limited to, shipping and port
representatives, shall prepare an analysis of the vectors, other than
ballast water, and relative risks of those vectors, for release of
nonindigenous species from vessels. This analysis shall include, but
not be limited to, the release of nonindigenous species from vessel
hulls, sea chests, sea suction grids, other hull apertures, in-water
propellers, chains, anchors, piping and tanks. The commission shall
prepare a report summarizing the results of this analysis and
recommending action to reduce the discharge of nonindigenous species
from vessel vectors other than ballast water. The commission shall
submit the report to the Legislature and make it available to the
public on or before March 1, 2006.