Alternative Ballast Water Exchange Areas Workshop

June 20-22, 2006

Seattle, Washington

Maurya B Falkner

California State Lands Commission

Marine Facilities Division

State of CaliforniaAlternative Ballast Water Exchange Areas

Perspectives

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 WorkshopWest Coast Oceanography: Implications for Ballast Exchange Avoid “retention zones” (50 nm)

Avoid estuary and river plumes (15 nm)

Avoid waters shallower than 200 m

2003 WorkshopWest Coast Exchange Participants (50 Total from CA, OR, WA): Maritime Industry, Environmental Groups, Biological Oceanographers, Regulators

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

NOAA / Biogeography Programhttp://biogeo.nos.noaa.govPoint

Conception

Exclusion Zones

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

Development of the Regulation:Workshops and Advisory Groups

2004 CSLC Technical Advisory Group MeetingCalifornia 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 AEZOrigin of vessel?

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

ApplicabilityCalifornia versus West Coast versus National?

ConsistencyExisting state and international requirements

2004 Last Port of Call

0%

5%

10%

15%

20%

25%

30%

35%

Asi

an P

orts

Cal

iforn

ia

Can

ada

Cen

tral

Am

eric

a

Haw

aii

Mex

ico

Ore

gon

S. A

mer

ica

US

AK

Coa

st

US

East

Coa

st

US

Gul

f Coa

st

Was

hing

ton

Oth

er

CA Marine Invasive Species Program

2004 Reported BW Management

No Discharge

83%

Compliant9%

Non-Compliant

8%

Source of NonCompliant BW - 2004

Gulf Waters0.2%

Central Am Waters19.9%

Mexican Waters72.4%

Other0.6%

Atlantic Waters0.1%

Canadian Waters1.4% Caribbean

Waters0.7%Pacific Waters

4.8%

CA Marine Invasive Species Program