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History

California’s Marine Invasive Species Program Nicole Dobroski California State Lands Commission Pacific Ballast Water Group April 15, 2014. History. 1999 Ballast Water Management for Control of Nonindigenous Species Act 2003 Marine Invasive Species Act (MISA)

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History

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  1. California’s Marine Invasive Species ProgramNicole DobroskiCalifornia State Lands CommissionPacific Ballast Water GroupApril 15, 2014

  2. History • 1999 Ballast Water Management for Control of Nonindigenous Species Act • 2003 Marine Invasive Species Act (MISA) • Develop and recommend bw performance standards • Assess vectors other than ballast water • Management requirements for coastal vessels • 2006 Coastal Ecosystems Protection Act • Ballast water performance standards and implementation schedule set in statute • 2007 MISA Amendments (AB 740) • Address biofouling

  3. Where are we now?

  4. Update of Major MISP Activities • Arrival and discharge statistics • Implementation of performance standards for the discharge of ballast water • Biofouling management • Inspection and compliance program • Funded research

  5. Arrival and Discharge Statistics (Stay tuned for 2015 MISP Biennial Report)

  6. Volume Discharged Ballast Water

  7. Compliance of Discharged Ballast

  8. Implementation of Performance Standards for the Discharge of Ballast Water

  9. Assessments of Available Ballast Water Treatment Technologies • 2007 - No technologies available, delay implementation new builds < 5000 MT from 2009 to 2010 • S.B. 1781 (2008) • 2009 - Systems demonstrate “potential” to meet standards, continue with implementation • 2010 - Systems demonstrate “potential” to meet standards, continue with implementation • 2013 - No technologies available to meet all of CA performance standards, delay implementation for two years • S.B. 814 (2013)

  10. Performance Standards Implementation Schedule

  11. Challenges • No USCG type approved systems available • CA does not require use of USCG type approved systems, but… • Type approval testing (USCG, IMO) does not address CA standards • Limits of detection/methods for select standards • 10-50, total living bacteria, total living viruses • Absence compliance assessment protocols • Chicken and egg situation remains

  12. Marine Invasive Species Act Mandate • “…move the state expeditiously toward the elimination of the discharge of nonindigenous species into the waters of the state…, based on the best available technology economically achievable.”

  13. Alternatives to Exchange • Application for use of experimental treatment systems • Provides 5-year equivalency to CA standards • STEP • Use of USCG AMS in California waters • Potable water • Retention remains most protective strategy • 85% arrivals to CA waters retain all ballast • However, all vessels still pose biofouling risk

  14. Funded Ballast Water Research • Ballast water compliance monitoring and sampling system • The Glosten Associates • FDA bulk viability assay • Dr. Nick Welschmeyer, Moss Landing Marine Laboratories • Shore-based treatment feasibility study • Managed by Delta Stewardship Council • RFP available mid-year

  15. Marine Invasive Species Act Mandate • “…move the state expeditiously toward the elimination of the discharge of nonindigenous species into the waters of the state…, based on the best available technology economically achievable.”

  16. Next Steps • The “best available technology economically achievable” could apply to both BWTS and compliance methods. • NPDES permits may contain discharge limits below the limits of available detection technologies • Dischargers that can reach “no-detectable” using best available technology in compliance with limit in permit • Could this approach work to implement California standards?

  17. Biofouling Management

  18. Biofouling Management • AB 740 (2007) • Removal of biofouling on a “regular” basis • Authority to collect hull husbandry data • Hull Husbandry Reporting Form • Implemented 2008 • 5-year data set • Hull husbandry • Cleanings, coatings, MGPS • Voyage characteristics • Speed, port residency,

  19. Biofouling Management Regulations • Information Gathering • Data from HHRF • Funded research • ABPRI – ship biofouling and emerging regulatory policies (LoF) • Input from Technical Advisory Group • Status • TAG meetings 2010/11 • Initially introduced September 2011 • Multiple amendments, public comment periods • One-year APA deadline expired September 2012 • Working with TAG to reintroduce in 2014

  20. Update Inspection and Compliance Program • Reviewing existing inspection protocols for marine safety personnel • Safety – confined spaces • Re-evaluate priority boarding matrix • Consistency of training and operation in field • Regulatory landscape increasingly complex • Inspectors primary source of outreach to vessels • Prepare for biofouling management regulations and implementation of performance standards • Ensure efficiency of operation • Enforcement regulations

  21. Programmatic Challenges • Federal Legislation • S. 2094 • USCG rulemaking • Maritime Federalism and Preemption • Opportunity for group discussion? • Major implications for all state programs operating under NISA and/or CWA

  22. Stay tuned • 2014 Rulemakings • Enforcement • Biofouling management • BW treatment technology assessment report • Due July 1, 2014 • BW compliance assessment methods • ETV as guide for methods of analysis • Novel techniques? • Limits of detection • Shore-based feasibility study • Biennial Report – January 2015

  23. Questions? For more information http://www.slc.ca.gov nicole.dobroski@slc.ca.gov

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