California Ballast Water Management and Control Program - Update Maurya B. Falkner California State Lands Commission Marine Facilities Division WRP Annual Meeting - September 2003

Sunsets in January 2004 Established: Mandatory, Statewide, Multi-Agency Ballast Water Management and Control Program Emphasizing Research and Development Applies to all vessels that enter CA waters after operating outside the West Coast EEZ. Ballast Water Management for Control of Nonindigenous Species AB 703

Board Of Equalization Collect per Vessel Voyage Fee State Water Resources Control Board Evaluate Alternatives to Mid-Ocean Exchange Prepare Report to Legislature California Department of Fish & Game Conduct Baseline Biological Inventory Prepare Report to Legislature California State Lands Commission Establish per Vessel Voyage Fee Implement an Inspection and Monitoring Program Prepare Report to Legislature Agency Responsibilities

AB 703 Program Summary by Agency BOE Collection of per voyage Fee Implemented self-reporting program > 95% Fee submission SWRCB No treatment options currently approved Recommendations Continue BWE Identify alternative technologies Consider shoreside treatment Support Demonstration Projects

AB 703 Program Summary - Cont. CDFG-OSPR Identified 747 organisms Primarily from NW Atlantic, NW Pacific and NE Atlantic Recommendations Ongoing surveys for NAS Identify introduction pathways Refine Taxonomy exotic%20report.htm

AB 703 Program Summary - Cont. CSLC Ballast Water Reporting Form 92% Submitted Required BW Form 96% Complied with mandatory management requirements – Continued Problems Delinquent forms (~10%) Late forms (~10%) Inaccurate or incomplete forms (~35%) Violations of management requirements (~4%) Vessel Inspections 3884 Vessel inspections completed – 532 Violations (13% Operational)

CSLC - Summary - Cont. Demonstration Project Grant from USFWS and Port of Oakland Two vessels (container and passenger) Preliminary results look promising Fee establishment Technical Advisory Group (TAG) > 95% Fee submission Advanced Approval Program Working with USCG Three applications submitted (one active).

During the 2003 California Legislative Session Assemblyman Nation introduced AB “Marine Invasive Species Act” Sponsored by The Ocean Conservancy The bill continues and enhances the ballast water management program that began in The purpose of the bill is to move the state expeditiously toward the elimination of the discharge of nonindigenous species into the waters of the state or into waters that may impact the waters of the state, based on the best available technology economically achievable

AB The Marine Invasive Species Act Many provisions of current law (AB 703) remain: –Sunset provision – January 1, 2010 –Fee based –Safety Exemption –Reporting and record keeping –Continued biological surveys –Ecological studies –Coordination with Technical Advisory Group

New for AB 433 Removed most exemptions Reporting required for all port calls Expanded to include coastal traffic –Regulations developed by January 1, 2005 Experimental Technology Advanced Approval Program –Regulations developed by July 1, 2005 Report recommending potential discharge standards –Report due January 31, 2006 Report evaluating other possible ship-mediated vectors –Report due March 1, 2006 Biennial reports to Legislature –Beginning January 2005

What’s New - Cont. Formalized Coordination/Partnership with Federal Agencies Experimental Technology Advanced Approval Program Recommendations on discharge standards Coordination/consultation on research Data sharing

AB 433 – Program Costs and Fee Program (estimated) Fee amount will depend on: Number of QV’s, compliance, and surplus dollars in existing Fund Agency Year 1 Costs CSLC-MFD1.41 million CDFG-OSPR1.13 million SWRCB0.20 million BOE0.40 million Includes funds to support research, biological surveys, fee collection, regulation development, overall program implementation, etc. Fee to be assessed at first port or place of call in California Estimated cost: $400 to $600/voyage

For additional information contact: Maurya B. Falkner