Cal. Code Regs. tit. 2 § 2298.3

Current through Register 2024 Notice Reg. No. 24, June 14, 2024

Section 2298.3 - Biofouling Management Plan

(a) The provisions described in this section apply to newly constructed vessels delivered into service on or after January 1, 2018, and to existing vessels beginning with completion of the first regularly scheduled out-of-water maintenance on or after January 1, 2018.

(b) The master, owner, operator, or person in charge of a vessel carrying, or capable of carrying, ballast water that arrives at a California port shall maintain a Biofouling Management Plan to be retained onboard and prepared specifically for that vessel. Upon request, the plan shall be made available to Commission staff for inspection and review. This plan shall provide a description of the biofouling management strategy for the vessel that is sufficiently detailed to allow a master or other appropriate ship's officer or crew member serving on that vessel to understand and follow the biofouling management strategy. At a minimum, this plan shall:

(1) Be regularly reviewed and revised to be current as of the last day of the most recent out-of-water maintenance or delivery if the vessel has never undergone out-of-water maintenance;

(2) Maintain consistency with the components of the Biofouling Management Plan described in the International Maritime Organization's "Guidelines for the Control and Management of Ships' Biofouling to Minimize the Transfer of Invasive Aquatic Species" (adopted on July 15, 2011), hereby incorporated by reference; and

(3) Describe the biofouling management practices and anti-fouling systems specifically used for the hull and each of the vessel's niche areas listed in section 2298.6(c)(1). For each anti-fouling system listed, include the following:

(A) Manufacturer name, model name, and product number, if applicable;

(B) Date each system was installed or applied;

(C) For anti-fouling coatings:

1. Include the vessel's final specification document for the anti-fouling coating applied or a separate list documenting the information required by this subdivision. The specification document or separate list shall include the parameters of the vessel's operating profile used for the specification of the anti-fouling system, including, at a minimum:

a. The specified intended out-of-water maintenance or dry-docking interval of the vessel;

b. The specified range of vessel operating speeds;

c. The specified vessel activity level (e.g. percentage of time underway at sea compared with percentage of time berthed, anchored, moored, or adrift), if applicable;

d. The specified vessel operating area or trading routes (e.g. coastal, deep-sea), if applicable.

2. Specify the applied dry film thickness;

3. Specify the manufacturer's expected effective coating lifespan (e.g. 60 months) at applied dry film thickness; and

4. Include a copy of the vessel's International Anti-fouling System Certificate used to comply with the International Maritime Organization's Convention on the Control of Harmful Anti-Fouling Systems on Ships (also known as AFS Convention; entered into force on September 17, 2008), if applicable.

(D) For Marine Growth Prevention Systems (MGPS):

1. Indicate where anodes or dosing outlets are installed (i.e. sea chest, strainer, or other location within seawater intake system); and

2. Specify manufacturer's recommended doses and dosage frequency, if applicable.

(c) If a vessel does not have a Biofouling Management Plan consistent with the requirements of subdivisions (a) and (b) of this section, and is arriving at a California port for the first time since the most recent regularly scheduled out-of-water maintenance or since delivery as a newly constructed vessel if no out-of-water maintenance has yet occurred, there shall be a 60-day grace period commencing on the date of arrival to enable the development of the required documents.

Cal. Code Regs. Tit. 2, § 2298.3

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, 71204.6 and 71205, Public Resources Code.

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