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Business Taxes Law Guide—Revision 2024
Marine Invasive Species Fee Collection Law
Public Resources Code
Division 36. Marine Invasive Species Act
Chapter 2. Ballast Water Management Requirements
Section 71205
71205. Information to be provided before departure. (a) (1) The master, owner, operator, agent, or person in charge of a vessel carrying, or capable of carrying, ballast water, that visits a California port , shall provide the information described in subdivision (c) in electronic or written form to the commission at least 24 hours before the vessel arrives at that California port. If a vessel's voyage is less than 24 hours in total duration, the vessel shall report the required information prior to departing the port of departure.
(2) The information described in subdivision (c) shall be submitted using a form developed by the United States Coast Guard.
(b) If the information submitted in accordance with this section changes, an amended form shall be submitted to the commission upon the vessel's departure from each port of call in California.
(c) (1) The master, owner, operator, or person in charge of the vessel shall maintain on board the vessel, in written or electronic form, records that include all of the following information:
(A) Vessel information, including all of the following:
(i) Name.
(ii) International Maritime Organization number or official number if the International Maritime Organization number has not been assigned.
(iii) Vessel type.
(iv) Owner or operator.
(v) Gross tonnage.
(vi) Call sign.
(vii) Port of registry.
(B) Voyage information, including the date and port of arrival, vessel agent, last port and country of call, and next port and country of call.
(C) Ballast water information, including the total ballast water capacity, total volume of ballast water on board, total number of ballast water tanks, capacity of each ballast water tank, and total number of ballast water tanks in ballast, using measurements in metric tons (MT) and cubic meters (m3).
(D) Ballast water management information, including all of the following:
(i) The total number of ballast tanks or holds, the contents of which are to be discharged into the waters of the state or to a reception facility.
(ii) If an alternative ballast water management method is used, the number of tanks that were managed using an alternative method, as well as the type of method used.
(iii) Whether the vessel has a ballast water management plan and International Maritime Organization guidelines on board, and whether the ballast water management plan is used.
(iv) Whether the master, operator, or person in charge of the vessel has claimed a safety exemption pursuant to paragraph (1) of subdivision (b) of Section 71203 for the vessel voyage, and the reason for asserting the applicability of that paragraph.
(E) Information on ballast water tanks, the contents of which are to be discharged into the waters of the state or to a reception facility, including all of the following:
(i) The origin of ballast water, including the date and location of intake, volume, and temperature. If a tank has been exchanged, the identity of the loading port of the ballast water that was discharged during the exchange.
(ii) The date, location, volume, method, thoroughness measured by percentage exchanged if exchange is conducted, and sea height at time of exchange if exchange is conducted, of ballast water exchanged or otherwise managed.
(iii) The expected date, location, volume, and salinity of ballast water to be discharged into the waters of the state or a reception facility.
(F) Discharge of sediment and, if sediment is to be discharged within the state, the location of the facility where the disposal will take place.
(G) Certification of accurate information, that shall include the printed name, title, and signature of the master, owner, operator, person in charge, or responsible officer attesting to the accuracy of the information provided and certifying compliance with the requirements of this division.
(H) Changes to previously submitted information.
(2) The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a signed copy of the information described in this subdivision on board the vessel for two years.
(d) The master, owner, operator, or person in charge of a vessel subject to this division shall retain for two years a separate ballast water log outlining ballast water management activities for each ballast water tank on board the vessel and shall make the separate ballast water log available to the commission for inspection and review.
(e) (1) The master, owner, operator, agent, or person in charge of a vessel subject to this division shall provide the information described in subdivision (f) in electronic or written form to the commission annually upon request of the commission. The master, owner, operator, agent, or person in charge of the vessel shall submit that information within 60 days of receiving a written or electronic request from the commission. For purposes of this paragraph, the reporting shall begin on January 1, 2008, and continue until the date that the regulations described in Section 71204.6 are adopted.
(2)(A) The information described in subdivision (f) shall be submitted using a form developed by the commission.
(B) The master, owner, operator, or person in charge of a vessel subject to this subdivision shall retain a copy of the form submitted pursuant to this subdivision on board the vessel for two years.
(f) The master, owner, operator, agent, or person in charge of a vessel subject to this division shall maintain, in written or electronic form, records that include the following information:
(1) (A) Date and location of drydocking events.
(B) Whether the vessel in general, and the wetted portion of the vessel, sea chests, anchors, and associated chains in particular, were cleaned during a drydocking event.
(2) Date and geographic location of all inwater cleaning of the wetted portion of the vessel.
(3) (A) Date and geographic location of all antifouling paint applications to the vessel.
(B) The manufacturer and brand name of the antifouling paint applied to the vessel.
(4) Any additional information required by the commission by rule or regulation.
(g) (1) The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall provide to the commission based on a schedule to be developed by the commission, by rule or regulation, in consultation with the advisory panel established in Section 71204.9 and the United States Coast Guard, the following information in electronic or written form:
(A) The manufacturer and product name of the ballast water treatment system on board the vessel.
(B) If applicable, the name and organization that has approved the ballast water treatment system and the approval or certification number of the ballast water treatment system technology.
(C) The number of tanks and the volume of each tank that is managed using the ballast water treatment system and that was discharged in waters of the state.
(D) Any additional information required by the commission by rule or regulation.
(2) The information required by paragraph (1) shall be provided on a form developed by the commission.
(h) The master, owner, operator, agent, or person in charge of a vessel subject to this division that has a ballast water treatment system installed on board shall maintain on board the vessel, in written or electronic form, records, including, but not limited to, all of the following information:
(1) Copies of all reports and forms described in subdivision (g), submitted to the commission.
(2) Material safety data sheets for all chemicals utilized in conjunction with the ballast water treatment system.
(3) System manufacturer's technical guides, publications, and manuals.
(4) Ballast water treatment system performance information, which may be incorporated into the ballast water log described in subdivision (d), and includes, at a minimum, all of the following information:
(A) The date, time, and location of the starting and stopping of the system for the purpose of treating ballast water.
(B) System malfunctions or unexpected situations, including problem resolution.
(C) Both scheduled and unscheduled maintenance of the system.
(D) All relevant measures of performance recorded during system operation.
(E) Any additional information required by the commission by rule or regulation.