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
Point
Conception
NOAA / Biogeography Program
http://biogeo.nos.noaa.gov
 Avoid “retention zones” (50 nm)
 Avoid estuary and river plumes (15 nm)
 Avoid waters shallower than 200 m
2003 Workshop
West 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
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
0%
Other
Washington
US Gulf Coast
US East Coast
US AK Coast
S. America
Oregon
Mexico
Hawaii
Central America
Canada
California
Asian Ports
CA Marine Invasive Species Program
2004 Last Port of Call
35%
30%
25%
20%
15%
10%
5%
CA Marine Invasive Species Program
2004 Reported BW Management
Com pliant
9%
NonCom pliant
8%
No
Discharge
83%
Source of NonCompliant BW - 2004
Atlantic Waters
0.1%
Pacific Waters
4.8%
Other
0.6%
Mexican Waters
72.4%
Canadian Waters
1.4%
Caribbean
Waters
0.7%
Central Am
Waters
19.9%
Gulf Waters
0.2%