Research And Program Evaluation - - CA Public Resources

Section § 71211

The Department of Fish and Wildlife, working with other agencies, is in charge of keeping track of non-native species along California's coasts and estuaries. They gather data to expand on existing information about these species, focusing on new invasions and the spread of current populations. They must use existing data whenever possible and make their findings publicly available online every year.

Additionally, the Department needs to assess how well measures to control species from ships' ballast water and hulls (biofouling) are working, comparing new data with reports from 2003. This information should help in deciding where ships can safely discharge ballast water without harming sensitive environments or spreading non-native species. It’s also used to evaluate the long-term success of these control methods and the risks associated with marine species invasions.

(a)

(1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall collect data necessary to establish and maintain an inventory of the location and geographic range of nonindigenous species populations in the coastal and estuarine waters of the state that includes open coastal waters and bays and estuaries. In particular, data shall be collected that does both of the following:

(A) Supplements the existing baseline of nonindigenous species previously developed pursuant to this section, by adding data from investigations of intertidal and nearshore subtidal habitats along the open coast.

(B) Monitors the coastal and estuarine waters of the state, including, but not limited to, habitats along the open coast, for new introductions of nonindigenous species or spread of existing nonindigenous species populations.

(2) Whenever possible, the study shall use appropriate, existing data, including data from previous studies made pursuant to this section. The Department of Fish and Wildlife shall make the inventory and accompanying analysis available to the public through the Internet on or before January 1, 2007, and annually shall provide to the public an update of that inventory.

(b)

(1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall assess the effectiveness of the ballast water and biofouling controls implemented pursuant to this division by comparing the status and establishment of nonindigenous species populations, as determined from the data collected pursuant to subdivision (a), with the baseline data collected pursuant to this division and submitted in a report to the Legislature in 2003.

(2) Whenever possible, this research shall utilize appropriate, existing data.

(c) Information generated by the research conducted pursuant to this section shall be of the type and in a format useful for subsequent studies and reports undertaken for any of the following purposes:

(1) The determination of alternative discharge zones.

(2) The identification of environmentally sensitive areas to be avoided for uptake or discharge of ballast water.

(3) The long-term effectiveness of biofouling management and ballast water discharge control measures.

(4) The determination of potential risk zones where uptake or discharge of ballast water shall be prohibited.

(5) The rate and risk of establishment of nonindigenous species in the coastal waters of the state, and resulting impacts.

non-native species coastal waters estuarine waters ballast water biofouling data collection invasive species monitoring baseline data data inventory environmentally sensitive areas discharge zones ballast water control biofouling management risk assessment legislative report

(Amended by Stats. 2018, Ch. 742, Sec. 24. (SB 1493) Effective January 1, 2019.)

Section § 71212

This law requires a commission to work with various authorities to create a report about ballast water management for the California Legislature and the public every two years. The report should summarize key data from ballast water discharge forms, detailing amounts exchanged and discharged, treatment types, and locations. It should also include compliance information from monitoring and inspection activities, analyze this data, and suggest improvements to the program. Additionally, the report must evaluate actions taken to prevent non-native species from entering through ships and recommend enhancements. Besides, it should summarize related research conducted over the past two years and any ongoing studies.

On or before January 31, 2005, and updated biennially, the commission, in consultation with the board, the Department of Fish and Wildlife, and the United States Coast Guard, shall submit to the Legislature, and make available to the public, a report that includes, but is not limited to, all of the following:

(a) A summary of the information provided in the ballast water discharge report forms submitted to the commission, including the volumes of ballast water exchanged, volumes discharged into state waters, types of ballast water treatment, and locations at which ballast water was loaded and discharged.

(b) Monitoring and inspection information collected by the commission pursuant to this division, including a summary of compliance rates, categorized by geographic area and other groupings as information allows.

(c) An analysis of the monitoring and inspection information, including recommendations for actions to be undertaken to improve the effectiveness of the monitoring and inspection program.

(d) An evaluation of the effectiveness of the measures taken to reduce or eliminate the discharge of nonindigenous species from vessels, including recommendations regarding action that should be taken to improve the effectiveness of those measures.

(e) A summary of the research completed during the two-year period that precedes the release of the report, and ongoing research, on the release of nonindigenous species by vessels.

ballast water management nonindigenous species compliance rates ballast water discharge treatment types monitoring and inspection environmental protection water safety vessel discharge research summary improvement recommendations California waters pollution prevention legislative report Coast Guard involvement

(Amended by Stats. 2018, Ch. 742, Sec. 25. (SB 1493) Effective January 1, 2019.)

Section § 71213

This law section mandates that the commission, the board, and the Department of Fish and Wildlife work with stakeholders to conduct necessary research on the transport and release of non-native species by ships. The research should focus on preventing these species from getting released or settled in state waters by studying and improving methods to treat ballast water and biofouling. Additionally, the commission can collect samples from arriving ships for research.

(a) The commission, the board, and the Department of Fish and Wildlife, in consultation with interested stakeholders, shall identify and conduct any other research determined necessary to carry out the requirements of this division. The research may relate to the transport and release of nonindigenous species by vessels, the methods of sampling and monitoring of the nonindigenous species transported or released by vessels, the rate or risk of release or establishment of nonindigenous species in the waters of the state and resulting impacts, and the means by which to reduce or eliminate a release or establishment. The research shall focus on assessing or developing methodologies for treating or otherwise managing ballast water and biofouling to reduce or eliminate the discharge or establishment of nonindigenous species.

(b) The commission may also take samples of ballast water, sediment, and biofouling from arriving vessels subject to this division for research purposes.

nonindigenous species ship ballast water biofouling non-native species transport vessel sampling ballast water treatment state water protection environmental impact species management stakeholder consultation invasive species prevention research on sediment Department of Fish and Wildlife risk assessment marine environment

(Amended by Stats. 2019, Ch. 443, Sec. 9. (AB 912) Effective January 1, 2020.)