Vessels calling California in U.S. are applied to California Biofouling Regulation which enter into force from Oct. 2017. The main components of this Regulations follows.
1. Reporting requirement
Submission of「Marine Invasive Species Program Annual Vessel Reporting Form」is required at least 24 hours in advance of the first arrival of each calendar year at a California port.
https://www.slc.ca.gov/marine-invasive-species-program/reporting-forms-documents/
2. Record keeping and management requirements
These requirements will be applied for New vessels delivered after January 1, 2018 and existing vessels after the first regularly scheduled drydock after January 1, 2018.
The following plans and records shall be presented upon request during California State Lands Commission (SLC)inspection and review. However, vessels that do not maintain records in accordance with the biological attachment rules will be given a 60-day grace period to prepare the records.
- Biofouling Management Plan
The Biofouling Management Regulations incorporate the 2011 IMO guidelines. The guidelines describe specific information, such as antifouling painting, anodes, injection systems, and electrolysis, depending on the biofouling management methods using by each ship. Vessels must have at least a biofouling management plan in compliance with IMO guidelines on board. - Biofouling Record Book
Vessels shall have at least a biofouling record book on board in accordance with IMO guidelines for biofouling records, which shall provide details of all inspections and biofouling management methods performed on the vessel since its last dry dock or delivery of new vessel.
3. Mandatory requirements for biofouling management
Vessels adopting antifouling coatings must ensure that they are within the duration of the coating effect, and vessels without antifouling coatings must demonstrate their compliance with the biofouling control plan. In addition, the biofouling management plan should describe the antifouling method adopted by the ship in the niche areas. There are additional requirements for vessels stayed in the port for more than 45 days. All cases of biofouling management shall be recorded in the ship's biofouling management record.
4. Implementation and Penalties
Every year, SLC inspections will be conducted on 25 % of ships calling California ports.
“violations of record-keeping requirements are a violation of Class 2 “ and “violations of reporting requirements are a violations of Class 3" and the following penalties will be imposed accordingly:
- Violations of record-keeping requirements
1st Violation of Class 2 ：Written Violation Notice
2nd and subsequent volition of class 2 : $10,000 fine - Violation of reporting requirements
1st Violation of Class 3 :Written Violation Notice
2nd and subsequent violations of Class 3 : $1,000 fine
We recommend that you shall check through local agent for the latest information, if your ship is scheduled to navigate/call in California waters/ports.
Key information about California biofouling regulation is available at the following link:
https://www.slc.ca.gov/wp-content/uploads/2018/10/SLC__BiofolingRegs_SEPT17.pdf
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