California ballast water management programme (December 1999)

Circular No. 19/99 December 1999

TO THE MEMBERS

Dear Sirs,

California Ballast Water Management Programme

This circular is addressed to all Members who may call at California ports on or after 1 January 2000 to draw attention to the new mandatory ballast water exchange requirements and associated fees.

In an on-going effort to help prevent the further introduction of non-indigenous species through ballast water releases, the State of California has enacted a ballast water control and management programme that, in its present form is known as Assembly Bill No. 703. This law requires that, with effect from 1 January 2000, all vessels carrying ballast water into California waters after operating outside the Exclusive Economic Zone (EEZ - 200 nautical miles from the California coast line) must:

Complete a mid-ocean ballast water exchange (as defined and in accordance with the guidelines of the law)

• Complete and submit a ballast water report form to the California State Lands Commission (CSLC)

• Maintain a ballast water management plan

• Submit a fee to California�s Board of Equalization of USD 600 per vessel per voyage.

We have attached the key components of the law. Along with the full text of the Assembly Bill, this can be accessed via links on the CSLC's web page at: http://www.slc.ca.gov/BallastWater/default.asp

Supervisor, Planning Branch California State Lands Commission Marine Facilities Division 330 Golden Shore, Suite 210 Long Beach, CA 90802-4246 Telephone: +1 562 499 6312

OR

Senior Staff Counsel State Lands Commission 100 Howe Avenue, Suite 100 South Sacramento, CA 95825-8202 Telephone: +1 916 574 1853

For the sake of clarity, it should be noted that the California Assembly Bill requirements are separate from the mostly voluntary Federal Government's national ballast water exchange and reporting system. The California law is mandatory. Thus, reporting to the CSLC will not relieve the vessel owner of his federal responsibilities, namely reporting to the US Coast Guard.

The Association is happy to answer any questions relating to the regulations.

Yours faithfully, ASSURANCEFORENINGEN GARD -gjensidig-

John G. Bernander

Key Components of the Law

Effective January 1, 2000 - California's Ballast Water Management Program

Mandatory Mid-ocean Exchange for all qualifying vessels

Mandatory Completion and Submission of Ballast Water Report Form by vessel master, owner, operator, agent or person in charge of vessel.

Ballast Water Report Form (developed by US Coast Guard) MS Word Format or PDF Format

Form may be submitted electronically or in written form to CSLC.

Submission of this form to CSLC does NOT relieve the vessel of the responsibility to report to the US Coast Guard.

Mandatory Compliance with "Good Housekeeping" Practices

Areas of known infestations or pathogens

Near sewage outfalls

Near dredging operations

Areas with reduced tidal flushing

In darkness when bottom-dwelling organisms are active

Where propellers may stir up sediment

Dispose of sediments in accordance with appropriate laws

Maintain a Ballast Water Management Plan prepared specifically for vessel

Training of vessel master, PIC and crew regarding the application of ballast water and sediment management and treatment procedures

Mandatory Fee Submission to California's Board of Equalization

Random Sampling of Vessels for Compliance

Civil Penalties for failure to comply with any portion of the Law