Control of Marine Invasive Speciesin California

Maurya B Falkner

California State Lands Commission

Marine Facilities Division

Capitol Hill Ocean Week 2006

Washington, DC

June 14, 2006

Nonindigenous Species (NIS): Why The Concern?

NIS ImpactsFisheries ● Aquaculture ● Ecology ● Human Health ●

Municipalities ● Agriculture ● Recreation ● Tourism

Photo: A. Meinesz Zebra Mussel Clogs municipalities

Infests approx 50% of U.S. waterways

Great Lakes control: ~5 billion/yr.Caulerpa taxifolia

Carpets reefs, rock, sand, mud

Close Call: San Diego & Huntington Harbor in 2000

Costs for Eradication: $6.0 million in through 2004

W. Lee Mecum, CDFG

Chinese Mitten Crab Burrowing causes erosion

Clog irrigation screens

Host for Oriental lung fluke

Established:

• Mandatory, Statewide, Multi-Agency Ballast Water Management and Control Program Emphasizing Research and Development

• Applies to all vessels that enter CA waters after operating outside the West Coast EEZ.

• Sunsets in January 2004

• Legislative Report January 2003

Ballast Water Management for Control of Nonindigenous Species Act of 1999

2003 Program Summary by AgencyBOE

• Collection of per voyage Fee• Implemented self-reporting program

• > 95% Fee submission

SWRCB• No treatment options currently approved

Recommendations• Continue BWE• Identify alternative technologies

• Consider shoreside treatment

• Support Demonstration Projects

2003 Program Summary by Agency Continued

CDFG-OSPR• Identified 747 organisms

• Primarily from NW Atlantic, NW Pacific and NE

Atlantic

Recommendations

• Ongoing surveys for NAS

• Identify introduction pathways

• Refine Taxonomy

2003 Program Summary by Agency

CSLCBallast Water Reporting Form

• 92% Submitted Required BW Form

• 96% Complied with mandatory management requirements

– Continued Problems

Delinquent forms (~10%) Late forms (~10%)

Inaccurate or incomplete forms (~35%) Violations of management requirements (~4%)

Vessel Inspections• 3884 Vessel inspections completed

– 532 Violations (13% Operational)

CSLC 2003 Summary Continued

Demonstration Project• Grant from USFWS and Port of Oakland

• Two vessels (container and passenger)

Fee establishment

• Technical Advisory Group (TAG)

• > 98% Fee submission

Advanced Approval Program

• Working with USCG

Recommendations from CSLC 2003 Report

Continue the State’s program Include coastwise (i.e., domestic) traffic Reporting for all port calls Remove exemptions Improve reporting data accuracy Continue “fee-based” program Improve compliance through enforcement Expand and coordinate research Establish interim and final performance standards Support technology development Continue biological surveys

2003 CA Legislative Session

• CA Marine Invasive Species Act (MISA)

The purpose of the Act:

“To move the state expeditiously toward the elimination of the discharge of nonindigenous species into the waters of the state or waters that may impact the waters of the state, based on the best available technology economically achievable”

The Marine Invasive Species Act

Original Provisions– Sunset provision – January 1, 2010

– Fee based

– Safety Exemption

– Reporting and record keeping

– Multi-agency program

– Continued biological surveys

– Ecological studies

– Coordination with Technical Advisory Group

– Reports to Legislature

New Provisions• Most exemptions removed

• Additional management option

• Reporting at each port call

• BW log

• Expand to include coastal traffic

• Recommend potential discharge standards

• Evaluate other possible ship-mediated vectors

• Experimental Technology Advanced Approval Program

• Civil and Criminal penalties

The Marine Invasive Species Act

Marine Invasive Species Act Mandates for the Coastal Regulation

“The commission…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.”

• 2002 Workshop - West Coast Oceanography: Implications for Ballast Exchange

• 2003 Workshop - West Coast Exchange

Participants (50 from CA, OR, WA): Maritime Industry, Environmental Groups, Biological Oceanographers, Regulators

• 2004 CSLC Technical Advisory Group Meeting California Coastal Ballast Water Management

Participants (38 from CA, OR, WA): Industry, Regulators, & Environmental Groups

• 2005 California Rulemaking Process

Approved September 23, 2005

Effective March 22, 2006

Article 4.6 Coastal Regulation

Ballast Exchange 50 nm offshore/200 m depth

Consistent with WA, OR, BC, and IMO

Biologically Protective

Understandable

Retention

Discharge to an approved reception facility

Alternative ballast management:

Approved by Commission or USCG

As effective as exchange 200 nm offshore

Extraordinary Circumstances:

Irregular, unforeseeable, not related to safety

Exchange at a location agreed to by the CSLC

and USCG at or before the request.

Alternatives Through Petition

East of 154 W

North of 25 N

5 Technical Advisory Group Meetings in 2005

Advisory group reports submitted to CSLC October 2005

CSLC report to Legislature January 30, 2006

CA Senate Bill 497 introduced in February 2006

Marine Invasive Species Act Mandates for Performance Standards

“The commission . .shall submit to the Legislature . . a report that recommends specific performance standards. . The performance

standards shall be based on best available technology economically achievable and . . . protect the beneficial uses of affected . . waters.”

CSLC Recommended Interim Performance StandardsOrganism Size (units) Majority Panel Recommendations

 

> 50 m (/m3) No detectable living organisms

10 - 50 m (/mL) 10-2 organisms

< 10 m(/100 mL)103 for bacteria104 for viruses

Public health protective limits

Implementation ScheduleBallast Water Capacity New Vessels in this size class

constructed on or afterAll other vessels in this size class

beginning in

< 1500 metric tons 2009 2016

1500 – 5000 metric tons

2009 2014

> 5000 metric tons 2012 2016

CSLC Recommended Final Discharge StandardZero detectable living organisms by January 2020

Marine Invasive Species Act Mandates for Vessel Fouling

“The commission. . .shall prepare an analysis of the vectors, other than

ballast water, and relative risks of those vectors . . The Commission shall

prepare a report summarizing the results. . .and recommending action. . . ”

Technical Advisory Group Meetings

Final Report to Legislature, May 2006

mandatory reporting

adopt regulations for high risk vessels

support technology development

address fouling on vessels < 300 GRT

expand research

Marine Invasive Species ProgramOther Major Activities

Ship-Board Treatment Technology

Contract with Matson Navigation

Installation and testing of Ecochlor Ecopod

2-yr project

BW Exchange Verification

Contract with Smithsonian

Testing Application of Chemical Tracers

on the U.S. Pacific Coast

2-yr project

Hull Fouling

Contract with Portland State and Smithsonian

Examine Hull Fouling Vector on US Pacific Coast

2-yr project

Marine Invasive Species ProgramMoving forward

Improve Compliance

Regulations on Performance Standards

Legislative authority addressing vessel fouling

Research on technology & vessel fouling