ࡱ > L N K #` bjbj 4. . . . . . . . B B / A/ C/ C/ C/ C/ C/ C/ $ 0 h 3 > g/ . g/ . . |/ . . A/ A/ . . РE{ A/ / 0 / ^5 ^5 ^5 . d 7 S 7 n g/ g/ G / B B B $ f $ B B B f B B B . . . . . . BILL ANALYSIS Date of Hearing: April 24, 2007 ASSEMBLY COMMITTEE ON ENVIRONMENTAL SAFETY AND TOXIC MATERIALS Jared Huffman, Chair AB 740 (Laird) - As Amended: April 17, 2007 SUBJECT: Vessels: Invasive Species. SUMMARY: Requires specified inwater cleaning and record keeping for vessels that visit a California port or place, and requires the State Lands Commission (SLC) to develop regulations governing the management of hull fouling on vessels by January 1, 2012. Specifically, this bill: 1) Requires the removal and disposal of hull fouling organisms from a vessel on a regular basis (a period that does not exceed five years). Authorizes SLC to approve time extensions for this requirement. 2)Requires inwater cleaning performed on the submerged portions of a vessel be conducted using best available technologies that are economically achievable and designed to minimize the release of coating and biological materials into the surrounding waters. 3)On or before January 1, 2012, requires SLC, in consultation with the U.S. Coast Guard, to develop and adopt regulations governing the management of hull fouling on vessels arriving at a California port or place. 4) Requires the master, owner, operator, or person in charge of a vessel, which visits a California port or place, to maintain on board the vessel specified records concerning drydocking, inwater cleaning of the submerged portions of the vessel, and antifouling paint applications. 5)Defines "hull fouling" as the attachment or association of marine organisms to the submerged portions of a vessel or its appurtenances, including, but not limited to, sea chests, propellers, anchors, and associated chains. 6) Defines "submerged portion of a vessel" as all parts of a vessels hull and structures that are submerged in water when the vessel is loaded to the deepest permissible legal draft. EXISTING LAW, pursuant to the Marine Invasive Species Act: 1) Requires SLC to adopt regulations on performance standards for ballast water on or before January 1, 2008. 2) Requires the Department of Fish and Game to maintain an inventory of nonindigenous species (NIS) populations in certain areas to be updated annually. 3) Mandates specified requirements on the master, owner, operator, or person in charge of a vessel to minimize the uptake and release of NIS, including the removal of fouling organisms from the hull, piping, and tanks on a regular basis. 4) Requires the master, owner, operator, agent, or person in charge of a vessel, which visits a California port or place, to maintain specified information related to the vessel and ballast water management, and to make that information available to SLC. 5) Defines "vessel" as a vessel of 300 gross registered tons or more. FISCAL EFFECT: Unknown. COMMENTS: Purpose of the Bill: According to the author's office, the purpose of this bill is to further reduce the introduction of NIS in the coastal waters and ports which causes significant ecological and economic impacts. Studies indicate that hull fouling is a significant source of NIS introduction. Existing law regulates ballast water discharges on commercial ships but not invasive species introduced through attachment to the ships hull. Currently, no state agency has regulatory authority for this activity. Background: Nonindigenous Species: According to SLC's "2007 Biennial Report on the California Marine Invasive Species Program,"[NIS] are organisms that have been transported by human activities to a region where they did not occur historically and have established reproducing populations in the wild (Carlton 2001). Once established, NIS can have serious negative human health, economic, and environmental impacts in their new environment." According to SLC, commercial ships transport organisms, including NIS, through two primary mechanisms: ballast water and fouling. This bill specifically addresses fouling organisms which are aquatic species associated with hard surfaces. They include organisms that physically attach to vessel surfaces such as barnacles, algae, and mussels, and mobile organisms such as worms, juvenile crabs, and amphipods (small shrimp-like animals) that associate with fouling communities. Though much of the outer surface of vessel hulls is treated with paints designed to discourage fouling growth, worn or unpainted areas, and areas protected from shear forces have been found to harbor fouling organisms. Vessels that spend long periods in port or move at slow speeds such as barges and floating dry docks appear to accumulate more extensive and diverse fouling communities. In some circumstances, fouling organisms have been observed to be in spawning (reproductive) condition at arrival ports. NIS Negative Impacts : According to SLC, once established, NIS can have severe ecological, economic, and human health impacts on the receiving environment. For example, in San Francisco, the overbite clam spread throughout the region's waterways within two years of first being detected in 1986. The clam accounts for up to 95% of the living biomass in some shallow portions of the bay floor. It has contributed to a persistent decline in the availability of plankton in the Sacramento-San Joaquin River Delta, which, in turn, may be a cause of declines in fish populations. This bill is meant to reduce the negative impacts on California caused by NIS through hull fouling on vessels. REGISTERED SUPPORT / OPPOSITION: Support East Bay Municipal Utility District Individual (1) Opposition Matson Navigation Company Analysis Prepared by: Joanne Roy / E.S. & T.M. / (916) 319-3965 d f C Q $ % * . 9 c q % S ^ # Z [ E P } N X ̺̺̺ #h,M h,M >*CJ OJ QJ ^J aJ #h,M h9 >*CJ OJ QJ ^J aJ h,M h,M CJ OJ QJ ^J aJ h,M h9 CJ OJ QJ ^J aJ I e f 8 Z [ - . [ gd9 D E . / 9 : + : F gd9 F J # / 8 : I N r } ( 4 ` n 9 : D a i < D t v : < ̺̺̺ #h,M h,M >*CJ OJ QJ ^J aJ #h,M h9 >*CJ OJ QJ ^J aJ h,M h,M CJ OJ QJ ^J aJ h,M h9 CJ OJ QJ ^J aJ I< ] m 0 W k n ̺̺ h,M h] CJ OJ QJ ^J aJ #h,M h,M >*CJ OJ QJ ^J aJ #h,M h9 >*CJ OJ QJ ^J aJ h,M h,M CJ OJ QJ ^J aJ h,M h9 CJ OJ QJ ^J aJ & 2 L M Y gd,M gd9 2 1h:p / =!0"0#$% @ @ @ N o r m a l CJ _HaJ mH sH tH D A@ D D e f a u l t P a r a g r a p h F o n t R i R T a b l e N o r m a l 4 l 4 a ( k ( N o L i s t e@ 9 H T M L P r e f o r m a t t e d 7 2 ( Px4 #\'*.25@9 CJ OJ QJ ^J aJ . e f 8 Z [ - . 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