Business Taxes Law Guide – Revision 2013
 

71207. Effect of code provisions; violations. (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 nonindigeneous 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.

History.—Stats. 2006, Ch. 292 (SB 497), in effect January 1, 2007, substituted "a state or local agency, board, commission, or department, or a subdivision of one of those entities," for "state agencies" after "Nothing in this division restricts" and added ", if the total fines imposed by those entities do not exceed the amount of the fines set forth in Section 71216" after "from enforcing this division" in subdivision (b); substituted "A" for "Any" before "person violating" and substituted "who violates" for "violating" in subdivision (c ); and substituted "a" for "any" before "vessel operating in violation" and added a comma after "treat" in subdivision (d).