SECTIONS 71211-71213 - California Statutes

PUBLIC RESOURCES CODE

SECTION 71211-71213

71211. (a) (1) The Department of Fish and Game, in consultation
with the commission and the United States Coast Guard, shall collect
data necessary to establish and maintain an inventory of the location
and geographic range of nonindigenous species populations in the
coastal and estuarine waters of the state that includes open coastal
waters and bays and estuaries. In particular, data shall be collected
that does both of the following:
(A) Supplements the existing baseline of nonindigenous species
previously developed pursuant to this section, by adding data from
investigations of intertidal and nearshore subtidal habitats along
the open coast.
(B) Monitors the coastal and estuarine waters of the state,
including, but not limited to, habitats along the open coast, for new
introductions of nonindigenous species or spread of existing
nonindigenous species populations.
(2) Whenever possible, the study shall utilize appropriate,
existing data, including data from previous studies made pursuant to
this section. The Department of Fish and Game shall make the
inventory and accompanying analysis available to the public through
the Internet on or before January 1, 2007, and annually shall provide
to the public an update of that inventory.
(b) (1) The Department of Fish and Game, in consultation with the
commission and the United States Coast Guard, shall assess the
effectiveness of the ballast water controls implemented pursuant to
this division by comparing the status and establishment of
nonindigenous species populations, as determined from the data
collected pursuant to subdivision (a), with the baseline data
collected pursuant to this division and submitted in a report to the
Legislature in 2003.
(2) Whenever possible, this research shall utilize appropriate,
existing data.
(3) The Department of Fish and Game shall submit a report
presenting its assessment to the Legislature and the public on or
before January 1, 2009, and every three years thereafter.
(c) Information generated by the research conducted pursuant to
this section shall be of the type and in a format useful for
subsequent studies and reports undertaken for any of the following
purposes:
(1) The determination of alternative discharge zones.
(2) The identification of environmentally sensitive areas to be
avoided for uptake or discharge of ballast water.
(3) The long-term effectiveness of discharge control measures.
(4) The determination of potential risk zones where uptake or
discharge of ballast water shall be prohibited.
(5) The rate and risk of establishment of nonindigenous species in
the coastal waters of the state, and resulting impacts.

71212. On or before January 31, 2005, and updated biennially, the
commission, in consultation with the board, the Department of Fish
and Game, and the United States Coast Guard, shall submit to the
Legislature, and make available to the public, a report that
includes, but is not limited to, all of the following:
(a) A summary of the information provided in the ballast water
discharge report forms submitted to the commission, including the
volumes of ballast water exchanged, volumes discharged into state
waters, types of ballast water treatment, and locations at which
ballast water was loaded and discharged.
(b) Monitoring and inspection information collected by the
commission pursuant to this division, including a summary of
compliance rates, categorized by geographic area and other groupings
as information allows.
(c) An analysis of the monitoring and inspection information,
including recommendations for actions to be undertaken to improve the
effectiveness of the monitoring and inspection program.
(d) An evaluation of the effectiveness of the measures taken to
reduce or eliminate the discharge of nonindigenous species from
vessels, including recommendations regarding action that should be
taken to improve the effectiveness of those measures.
(e) A summary of the research completed during the two-year period
that precedes the release of the report, and ongoing research, on
the release of nonindigenous species by vessels.

71213. The commission, the board, and the Department of Fish and
Game, in consultation with interested stakeholders, shall identify
and conduct any other research determined necessary to carry out the
requirements of this division. The research may relate to the
transport and release of nonindigenous species by vessels, the
methods of sampling and monitoring of the nonindigenous species
transported or released by vessels, the rate or risk of release or
establishment of nonindigenous species in the waters of the state and
resulting impacts, and the means by which to reduce or eliminate a
release or establishment. The research shall focus on assessing or
developing methodologies for treating or otherwise managing ballast
water to reduce or eliminate the discharge or establishment of
nonindigenous species.