Laws, Regulations & Annotations
Business Taxes Law Guide – Revision 2013
Marine Invasive Species Fee Collection Law
Public Resources Code
Chapter 2. Ballast Water Management Requirements
Chapter 3. Research and Program Evaluation
71211. Study to establish baseline conditions. (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.
(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.
History.—Stats. 2006, Ch. 292 (SB 497), in effect January 1, 2007, added "annually" after "on or before January 1, 2007, and" and deleted "no later than July 1, 2008" after "an update of that inventory" in paragraph (2) of subdivision (a); and added ", and every three years thereafter" after "January 1, 2009" in paragraph (3) of subdivision (b). Stats. 2012, Ch. 728 (SB 71), in effect January 1, 2013, deleted paragraph (3) in subdivision (b).
71212. Public report. 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. Necessary research. 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.