State of California Alternative Ballast Water Exchange Areas Perspectives

Alternative Ballast Water Exchange Areas Workshop June 20-22, 2006 Seattle, Washington

Maurya B Falkner California State Lands Commission Marine Facilities Division

California’s Ballast Water Management for Control of Nonindigenous Aquatic Species

 Passenger vessels from Mexican ports • • Alternative management as effective as mid-ocean BWE Develop plan to compare AEZ with mid-ocean waters • Involved USCG, scientist, state regulatory agencies • After 18 months of negotiations study never completed  Alternative request denied

Marine Invasive Species Act

Mandates for the Coastal Regulation P.R.C. Section 71204.5 “…shall adopt regulations governing ballast water management for vessels arriving at a California port or place from a port or place within the Pacific Coast Region.”

The commission / regulation shall…

“…consider vessel design and voyage duration…” “…be based on the best available technology economically achievable…” “…be designed to protect the waters of the state.” “…include…restrictions or prohibitions on discharge…into areas…shown to have a capacity of retain organisms.”

Development of the Regulation:

Workshops and Advisory Groups

2002 Workshop West Coast Oceanography: Implications for Ballast Exchange

 Avoid “retention zones” (50 nm)  Avoid estuary and river plumes (15 nm)  Avoid waters shallower than 200 m

Point Conception NOAA / Biogeography Program http://biogeo.nos.noaa.gov

2003 Workshop West Coast Exchange



Participants (50 Total from CA, OR, WA):

Groups, Biological Oceanographers, Regulators Maritime Industry, Environmental 

Consensus points:

 Consistency with federal/international regulations  Safety exemptions  Consider impacts to the merchant industry (economic)  Consider ballast exchange zones  No exchange 200 m or shallower  Should be enforceable, meaningful, and understandable

Exclusion Zones

~=25NM (46.3 km) ~=50NM (92.6 km)

Development of the Regulation:

Workshops and Advisory Groups

2004 CSLC Technical Advisory Group Meeting California Coastal Ballast Water Management



Participants (38 Total from CA, OR, WA):

Industry, Regulators, Environmental Groups 

Consensus Points

 50 nm ballast water exchange  Designation of shared waters  Develop an alternatives process for vessels unable to comply •

2005 California Rulemaking Process

  Approved September 23, 2005 Effective March 22, 2006

QUESTIONS/ISSUES

•Biological/physical/chemical composition in AEZs •Impact of BWE on AEZs •Risk of onshore transport from discharges at AEZs •Water movement on, off and along shore

RESEARCH NEEDS

•Chemical/physical/biological parameters?

•Site specificity?

•Local vs. regional vs. national?

•Oceanographic modeling?

MANAGEMENT QUESTIONS/ISSUES

Need to establish AEZ Origin of vessel?

Conditions necessary to utilize AEZ Onus on regulatory or regulated community?

Applicability California versus West Coast versus National?

Consistency Existing state and international requirements

35% 30% 25% 20% 15% 10% 5% 0%

CA Marine Invasive Species Program

2004 Last Port of Call

CA Marine Invasive Species Program

2004 Reported BW Management Com pliant 9% Non Com pliant 8% No Discharge 83% Source of NonCompliant BW - 2004 Atlantic Waters 0.1% Pacific Waters 4.8% Canadian Waters 1.4% Caribbean Waters 0.7% Central Am Waters 19.9% Other 0.6% Gulf Waters 0.2% Mexican Waters 72.4%