California signs law for marine invasive species

California Governor Brown signed into law AB 1312 amending the state’s Marine Invasive Species Act. The State Lands Commission (SLC) issued a letter summarizing the measure, which takes effect on 1 January 2016.

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The Marine Invasive Species Act, which generally applies to all vessels carrying or capable of carrying ballast water into the coastal waters of the state after operating outside of the coastal waters of the state and to all ballast water and associated sediments taken on a vessel, imposes specified requirements on the master, owner, operator, or person in charge of one those vessels to minimize the uptake and release of nonindigenous species. The act requires the State Lands Commission to adopt regulations governing ballast water management practices for vessels arriving at a California port from a port outside of the Pacific Coast Region, as defined.

This bill would define the term “port” for purposes of the act to mean any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo. The act requires the master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port, to provide specified information in electronic or written form to the commission upon the vessel’s departure from each California port of call. This bill would instead require that the above information be provided to the commission at least 24 hours before the vessel arrives at that California port or, if a vessel’s voyage is les

California State Lands Commission has issued a letter to explain the new law

Delay implementation of California’s interim ballast water discharge performance standards. The new implementation date is as follows: newly built vessels – first arrival on or after January 1, 2020 / existing vessels – first dry docking on or after January 1, 2020
Delay implementation of California’s final ballast water discharge performance standard until January 1, 2030
Extend until January 1, 2020, the deadline for vessels to apply for use of an experimental ballast water treatment system.
Authorize the Commission to enforce vessel biofouling management requirements and assess vessel compliance with biofouling management requirements. This includes the authority to inspect vessels for compliance with biofouling management regulations
Change the deadline for submitting Ballast Water Reporting Forms to 24 hours in advance of arrival at a California port
Require all vessels that arrive at a California port or place with an installed ballast water treatment system to follow relevant reporting requirements and
make several statutory clarifications that can be referenced by viewing the bill or by contacting the Commission’s Marine Invasive Species Program

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