Cal. Code Regs. tit. 2 § 2298.4

Current through Register 2024 Notice Reg. No. 24, June 14, 2024
Section 2298.4 - Biofouling Record Book
(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 Record Book to be retained onboard the vessel. The Biofouling Record Book must contain details of all inspections and biofouling management measures undertaken on the vessel since the beginning of the most recent scheduled out-of-water maintenance or since delivery into service as a newly constructed vessel if no out-of-water maintenance has yet occurred. At a minimum, this record book shall:
(1) Maintain consistency with the components of the Biofouling Record Book 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);
(2) Include a description of all completed niche area management practices, as required in section 2298.6(c)(2).
(c) If a vessel does not have a Biofouling Record Book 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. During the 60-day grace period, the master, owner, operator, or person in charge of a vessel subject to this subdivision shall:
(1) Maintain records containing details of all inspections and biofouling management measures undertaken on the vessel since the beginning of the most recent regularly scheduled out-of-water maintenance or since delivery into service as a newly constructed vessel if no out-of-water maintenance has yet occurred; and
(2) Make the records described in section 2298.4(c)(1) available to Commission staff upon request.

Cal. Code Regs. Tit. 2, § 2298.4

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 71204.6 and 71205, Public Resources Code.

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