Control of Marine Invasive Species in California Maurya B Falkner California State Lands Commission Marine Facilities Division Capitol Hill Ocean Week 2006 Washington, DC June 14, 2006

Nonindigenous Species (NIS): Why The Concern? NIS Impacts Fisheries ● Aquaculture ● Ecology ● Human Health ● Municipalities ● Agriculture ● Recreation ● Tourism Photo: A. Meinesz Zebra Mussel  Clogs municipalities  Infests approx 50% of U.S. waterways  Great Lakes control: ~5 billion/yr. Caulerpa taxifolia  Carpets reefs, rock, sand, mud  Close Call: San Diego & Huntington Harbor in 2000  Costs for Eradication: $6.0 million in through 2004 W. Lee Mecum, CDFG Chinese Mitten Crab  Burrowing causes erosion  Clog irrigation screens  Host for Oriental lung fluke

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. Sunsets in January 2004 Legislative Report January 2003 Ballast Water Management for Control of Nonindigenous Species Act of 1999

2003 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

2003 Program Summary by Agency Continued CDFG-OSPR Identified 747 organisms Primarily from NW Atlantic, NW Pacific and NE Atlantic Recommendations Ongoing surveys for NAS Identify introduction pathways Refine Taxonomy

2003 Program Summary by Agency 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 2003 Summary Continued Demonstration Project Grant from USFWS and Port of Oakland Two vessels (container and passenger) Fee establishment Technical Advisory Group (TAG) > 98% Fee submission Advanced Approval Program Working with USCG

2003 CA Legislative Session CA Marine Invasive Species Act (MISA) The purpose of the Act: “To move the state expeditiously toward the elimination of the discharge of nonindigenous species into the waters of the state or waters that may impact the waters of the state, based on the best available technology economically achievable”

The Marine Invasive Species Act Original Provisions –Sunset provision – January 1, 2010 –Fee based –Safety Exemption –Reporting and record keeping –Multi-agency program –Continued biological surveys –Ecological studies –Coordination with Technical Advisory Group –Reports to Legislature

New Provisions Most exemptions removed Additional management option Reporting at each port call BW log Expand to include coastal traffic Recommend potential discharge standards Evaluate other possible ship-mediated vectors Experimental Technology Advanced Approval Program Civil and Criminal penalties The Marine Invasive Species Act

Marine Invasive Species Act Mandates for the Coastal Regulation “The commission…shall adopt regulations governing ballast water management for vessels arriving at a California port or place from a port or place within the Pacific Coast Region.” 2002 Workshop - West Coast Oceanography: Implications for Ballast Exchange 2003 Workshop - West Coast Exchange Participants (50 from CA, OR, WA): Maritime Industry, Environmental Groups, Biological Oceanographers, Regulators 2004 CSLC Technical Advisory Group Meeting California Coastal Ballast Water Management Participants (38 from CA, OR, WA): Industry, Regulators, & Environmental Groups 2005 California Rulemaking Process Approved September 23, 2005 Effective March 22, 2006

Article 4.6 Coastal Regulation  Ballast Exchange 50 nm offshore/200 m depth  Consistent with WA, OR, BC, and IMO  Biologically Protective  Understandable  Retention  Discharge to an approved reception facility  Alternative ballast management:  Approved by Commission or USCG  As effective as exchange 200 nm offshore  Extraordinary Circumstances:  Irregular, unforeseeable, not related to safety  Exchange at a location agreed to by the CSLC and USCG at or before the request.  Alternatives Through Petition East of 154 W North of 25 N

 5 Technical Advisory Group Meetings in 2005  Advisory group reports submitted to CSLC October 2005  CSLC report to Legislature January 30, 2006  CA Senate Bill 497 introduced in February 2006 Marine Invasive Species Act Mandates for Performance Standards “The commission..shall submit to the Legislature.. a report that recommends specific performance standards.. The performance standards shall be based on best available technology economically achievable and... protect the beneficial uses of affected.. waters.”

CSLC Recommended Interim Performance Standards Organism Size (units ) Majority Panel Recommendations > 50  m (/m 3 ) No detectable living organisms  m (/mL) organisms < 10  m(/100 mL) 10 3 for bacteria 10 4 for viruses Public health protective limits Implementation Schedule Ballast Water CapacityNew Vessels in this size class constructed on or after All other vessels in this size class beginning in < 1500 metric tons – 5000 metric tons > 5000 metric tons CSLC Recommended Final Discharge Standard Zero detectable living organisms by January 2020

Marine Invasive Species Act Mandates for Vessel Fouling “The commission...shall prepare an analysis of the vectors, other than ballast water, and relative risks of those vectors.. The Commission shall prepare a report summarizing the results...and recommending action... ”  Technical Advisory Group Meetings  Final Report to Legislature, May 2006  mandatory reporting  adopt regulations for high risk vessels  support technology development  address fouling on vessels < 300 GRT  expand research

Marine Invasive Species Program Other Major Activities Ship-Board Treatment Technology  Contract with Matson Navigation  Installation and testing of Ecochlor Ecopod  2-yr project BW Exchange Verification  Contract with Smithsonian  Testing Application of Chemical Tracers on the U.S. Pacific Coast  2-yr project Hull Fouling  Contract with Portland State and Smithsonian  Examine Hull Fouling Vector on US Pacific Coast  2-yr project

Marine Invasive Species Program Moving forward  Improve Compliance  Regulations on Performance Standards  Legislative authority addressing vessel fouling  Research on technology & vessel fouling