2005 California Public Resources Code Sections 71203-71210.5 CHAPTER 2. BALLAST WATER MANAGEMENT REQUIREMENTS

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 at port or in drydock, to remove
sediments, and dispose of the 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) Remove fouling organisms from hull, piping, and tanks on a
regular basis, and dispose of any removed substances 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.
71204.7.  (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) If an owner or operator of a vessel applies to install an
experimental ballast water treatment system, and the commission
approves that application, the commission may subsequently 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
standard is adopted.
   (1) A system approval on a particular vessel may be extended for
an additional period not to exceed five years, at the discretion of
the commission.  That extension may be renewed for additional periods
not to exceed five years each, if the owner or operator demonstrates
that the system is at least as effective as existing systems in its
ability to kill, inactivate, or otherwise remove nonindigenous
species from ballast water.
   (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.
   (d) The commission may 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.
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 onboard, 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 any ballast water exchanged
or otherwise managed.
   (iii) The expected date, location, volume, and salinity of any
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, which 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.
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 state agencies from
enforcing this division.
   (c) Any person violating this division is subject to civil and
criminal liability in accordance with Chapter 5 (commencing with
Section 71216).
   (d) The commission may require any 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.