Cal. Code Regs. tit. 2 § 2298.2

Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 2298.2 - Definitions

The following definitions shall govern the construction of this Article:

(a) "Anti-fouling coating" means any paint or other coating that prevents or deters the attachment and growth of biofouling organisms on the wetted portions of a vessel. Anti-fouling coatings may include biocidal or non-biocidal anti-fouling coatings.
(b) "Anti-fouling system" means a coating, paint, surface treatment, surface, or device that is used on a vessel to minimize or prevent attachment, growth, or association of biofouling.
(c) "Biocidal anti-fouling coating" means an anti-fouling coating containing one or more chemical substances that are toxic or act as a deterrent to the settlement of living organisms.
(d) "Biofouling," also referred to as hull fouling or marine growth, means the attachment or association of marine organisms to the wetted portions of a vessel or its appurtenances, including but not limited to sea chests, propellers, anchors and associated chains, and other niche areas. Biofouling includes microfouling and macrofouling.
(e) "CCR" means the California Code of Regulations.
(f) "Commission staff" means the staff of the California State Lands Commission.
(g) "Division Chief" means the Chief of the Marine Environmental Protection Division of the California State Lands Commission or any employee of the Marine Environmental Protection Division authorized by the Division Chief to act on her or his behalf.
(h) "Effective coating lifespan" means the expected age of an anti-fouling coating, as determined by the manufacturer and based on the vessel-specific application scheme (e.g. coating thickness) at the time of application, at which the coating is no longer expected to satisfactorily prevent or deter biofouling.
(i) "Extended residency period" means remaining in one port consecutively for forty-five days or longer.
(j) "Foul-release coating" means a non-biocidal anti-fouling coating with surface properties that minimize the adhesion of biofouling organisms, resulting in organism detachment by vessel movement.
(k) "Geographic location" means a port, anchorage, city and country, or latitude and longitude coordinates.
(l) "In-water cleaning" means the physical removal of biofouling from the wetted portions of a vessel while the vessel remains in the water.
(m) "In-water inspection" means underwater survey or inspection by diver(s) or with remotely operated vehicle(s). Inspections of a vessel's hull and other underwater surfaces for purposes other than surveying biofouling may be considered opportunities for evaluating the extent of biofouling.
(n) "In-water treatment" means any method or process meant to kill or inactivate, but not remove, biofouling from the wetted portions of a vessel while the vessel remains in the water.
(o) "Macrofouling" means biofouling of large, distinct multicellular organisms visible to the human eye such as barnacles, tubeworms, or fronds of algae.
(p) "Marine Growth Prevention System" or "MGPS" means an anti-fouling system device used to reduce or prevent biofouling accumulation in internal seawater systems and sea chests. MGPS may include the use of anodes, injection systems, and electrolysis.
(q) "Microfouling" means biofouling of microscopic organisms such as bacteria and single-celled algae and the slimy substances that they produce. Microfouling is commonly referred to as a slime layer or biofilm.
(r) "Niche area" means an area on a vessel susceptible to biofouling due to variable hydrodynamic forces, susceptibility to coating system wear or damage, or inadequate protection by anti-fouling systems. Examples of niche areas include, but are not limited to, sea chests, bow thrusters, propeller shafts, inlet gratings, and out-of-water support strips.
(s) "Non-biocidal anti-fouling coating" means an anti-fouling coating that does not rely on one or more chemical substances intended to be toxic or act as a deterrent to organism settlement in order to achieve its anti-fouling properties. Non-biocidal anti-fouling coatings may include foul-release coatings.
(t) "Out-of-water maintenance" means removal of the vessel from the water and placement into a dry dock or slipway for inspection or maintenance. Out-of-water maintenance is commonly referred to as dry docking.
(u) "Out-of-water support blocks" means support blocks placed underneath the vessel while the vessel is undergoing out-of-water maintenance in a dry dock or slipway.
(v) "Out-of-water support strips" means sections of a vessel's hull that rest on out-of-water support blocks while the vessel is undergoing out-of-water maintenance in a dry dock or slipway. These areas are typically not cleaned or treated with fresh anti-fouling systems, resulting in reduced anti-fouling protection.
(w) "Port" means any port or place in which a vessel was, is, or will be anchored or moored, or where a vessel will transfer cargo.
(x) "Vessel" means a vessel of 300 gross registered tons (GRT) or more.
(y) "Wetted portion of a vessel" means all parts of a vessel's hull and structures that are either submerged in water when the vessel is loaded to the deepest permissible draft or associated with internal piping structures in contact with water taken onboard.

Cal. Code Regs. Tit. 2, § 2298.2

1. New section filed 8-14-2017; operative 10-1-2017 (Register 2017, No. 33).

Note: Authority cited: Sections 71201.7 and 71204.6, Public Resources Code. Reference: Sections 71200, 71201 and 71204.6, Public Resources Code.

1. New section filed 8-14-2017; operative 10/1/2017 (Register 2017, No. 33).