Cal. Code Regs. tit. 17 § 93130.4

Current through Register 2024 Notice Reg. No. 44, November 1, 2024
Section 93130.4 - Exceptions

The requirements of this Control Measure do not apply to:

(a) Non-stop voyages.
(1) Ocean-going vessel voyages that do not stop at a California port, terminal, or berth including:
(A) Stopping and anchoring required by the United States Coast Guard;
(B) Stopping necessary due to force majeure or distress as defined in the "Responsibility of States for Internationally Wrongful Acts (2001)," which is incorporated herein by reference; or
(C) A stop made solely to render assistance to persons, vessel, or aircraft in danger or distress.
(2) The following voyages are considered a "stop" and do not qualify for the exemption:
(A) Innocent passage of an ocean-going vessel that engages in any of the prejudicial activities specified in United Nations Convention on the Law of the Seas 1982, Article 19, subpart 2 as it read on November 16, 1994; or
(B) The passage of vessel(s) that are otherwise scheduled or intended to call at a port or terminal facility for any reasons other than the three enumerated reasons listed in subsection (a)(1).
(b) Government and military vessels.

The requirements of this Control Measure do not apply to government or military vessels. However, government or military vessels are encouraged to act in a manner consistent, as far as is reasonable and practicable, with this section.

Cal. Code Regs. Tit. 17, § 93130.4

1. New section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1). (Transmission and filing deadlines specified in Government Code sections 11346.4(b) and 11349.3(a), respectively, extended 60 calendar pursuant to Executive Order N-40-20.)

Note: Authority cited: Sections 38560, 38562, 39600, 39601, 39658, 39659, 39666, 43013 and 41511, Health and Safety Code. Reference: Sections 38510, 38530, 38562, 38566, 38580, 39600, 39650, 39658, 39659, 39666, 41510 and 41511, Health and Safety Code.

1. New section filed 12-30-2020; operative 1/1/2021 (Register 2021, No. 1). (Transmission and filing deadlines specified in Government Code sections 11346.4(b) and 11349.3(a), respectively, extended 60 calendar pursuant to Executive Order N-40-20.)