Current through Register 2024 Notice Reg. No. 38, September 20, 2024
A violation of any provision within Division 36, Chapter 2
(comprising sections 71203 through 71207), of the PRC or Title 2, Division 3,
Chapter 1, Articles 4.6, 4.7, and 4.8 of the CCR shall be considered within one
of three classes:
(a) Class 1: Class 1
violations shall be issued to a cited party when a vessel discharges ballast
water in the coastal waters of the state without first complying with the
appropriate ballast management practices identified in section
71204.3
of the PRC or
2 CCR
section 2284.
(1) Class 1 violations will be considered to
be:
(A) Minor:
(1) if a vessel subject to section 71204.3,
subdivision (c) of the PRC, prior to discharging ballast water into the coastal
waters of the state, performs an incorrect exchange of ballast water in an area
less than 200 nautical miles and equal to or greater than 180 nautical miles
from land; or
(2) if a vessel
subject to 2 CCR section 2284, prior to
discharging ballast water into the coastal waters of the state, performs an
incorrect exchange of ballast water in an area less than 50 nautical miles and
equal to or greater than 45 nautical miles from land.
(B) Moderate:
(1) if a vessel subject to section 71204.3,
subdivision (c) of the PRC, prior to discharging ballast water into the coastal
waters of the state, performs an incorrect exchange of ballast water in an area
less than 180 nautical miles and equal to or greater than 100 nautical miles
from land;
(2) if a vessel subject
to 2 CCR
section 2284, prior to discharging ballast
water into the coastal waters of the state, performs an incorrect exchange of
ballast water in an area less than 45 nautical miles and equal to or greater
than 25 nautical miles from land; or
(3) any additional Class 1 Minor violations
committed on a subsequent voyage committed within twelve (12) months of a
preceding Class 1 Minor violation shall be considered a Class 1 Moderate
violation.
(C) Major (I):
(1) if a vessel subject to section 71204.3,
subdivision (c) of the PRC, prior to discharging ballast water into the coastal
waters of the state, performs an incorrect exchange of ballast water in an area
less than 100 nautical miles from land;
(2) if a vessel subject to
2 CCR
section 2284, prior to discharging ballast
water into the coastal waters of the state, performs an incorrect exchange of
ballast water in an area less than 25 nautical miles from land; or
(3) any additional Class 1 Moderate
violations committed on a subsequent voyage committed within twelve (12) months
of a preceding Class 1 Moderate violation shall be considered a Class 1 Major
(I) violation.
(D) Major
(II): if a vessel, subject to section 71204.3, subdivision (c) of the PRC or
2 CCR
section 2284, prior to discharging ballast
water into the coastal waters of the state, fails to perform any ballast water
exchange during its voyage.
(b) Class 2: Class 2 violations shall be
issued to a cited party when a vessel fails to properly maintain on board the
vessel, as required:
(1) a ballast water
management plan pursuant to section 71204, subdivisions (h) and (i) of the
PRC;
(2) a ballast water log
pursuant to section
71205,
subdivision (d) of the PRC; or
(3)
any other information that is required to be carried or maintained on board a
vessel pursuant to section
71205
of the PRC.
(c) Class 3:
Class 3 violations shall be issued when a cited party fails to submit the
following information to the Commission, as required:
(1) the ballast water reporting information
required by section 71205, subdivision (c) of the PRC;
(2) the "Ballast Water Treatment Supplemental
Reporting Form" as required by
2 CCR
section 2297.1, subdivision (b);
(3) the "Hull Husbandry Reporting Form" as
required by
2 CCR
section 2298;
(4) the "Ballast Water Treatment Technology
Annual Reporting Form" as required by
2 CCR
section 2297.1, subdivision (a); or
(5) any other forms required pursuant to
section 71205 of the PRC.
1. New
section filed 3-21-2017; operative 7-1-2017 (Register 2017, No.
12).
Note: Authority cited: Sections
71203,
71204,
71204.3,
71205,
71206
and
71201.7,
Public Resources Code. Reference: Sections
71207
and
71216,
Public Resources Code.
