Cal. Code Regs. tit. 2 § 2298.6

Current through Register 2024 Notice Reg. No. 49, December 6, 2024
Section 2298.6 - Biofouling Management for Wetted Surfaces
(a) The provisions described in this section apply to newly constructed vessels delivered into service on or after January 1, 2018, and to existing vessels beginning with completion of the first regularly scheduled out-of-water maintenance on or after January 1, 2018.
(b) The master, owner, operator, or person in charge of a vessel arriving at a California port shall manage biofouling on the wetted surfaces of the vessel, except those niche areas described in subdivision (c)(1) of this section, in any of the following ways:
(1) If a vessel is using an anti-fouling coating, the coating shall not be aged beyond its effective coating lifespan, as documented in section 2298.3(b)(3)(C). If a vessel is using an anti-fouling coating and the coating is aged beyond its effective coating lifespan, as documented in section 2298.3(b)(3)(C), the master, owner, operator, or person in charge of a vessel shall document in the Biofouling Management Plan how biofouling on the wetted surfaces of the vessel, except those niche areas listed in subdivision (c)(1) of this section, shall be managed after the effective coating lifespan is exceeded. All biofouling management actions undertaken, and reports resulting from such actions, shall be documented in the Biofouling Record Book;
(2) If a vessel is not using an anti-fouling coating, the master, owner, operator, or person in charge of a vessel shall document in the Biofouling Management Plan how biofouling on the wetted surfaces of the vessel, except those niche areas listed in subdivision (c)(1) of this section, shall be managed in the absence of an anti-fouling coating. All biofouling management actions undertaken and reports resulting from such actions shall be documented in the Biofouling Record Book.
(c) The master, owner, operator, or person in charge of a vessel arriving at a California port shall manage biofouling on the niche areas listed in subdivision (c)(1) of this section, if present, in a manner consistent with the requirements listed in subdivision (c)(2) of this section. Any other niche areas should also be managed in a manner consistent with subdivision (c)(2) of this section.
(1) Biofouling management shall apply to the following niche areas, if present:
(A) Sea chests;
(B) Sea chest gratings;
(C) Bow and stern thrusters;
(D) Bow and stern thruster gratings;
(E) Fin stabilizers and recesses;
(F) Out-of-water support strips;
(G) Propellers and propeller shafts; and
(H) Rudders.
(2) Biofouling in niche areas must be managed using one or more biofouling management practices that are appropriate for the vessel and its operational profile, as determined by the master, owner, operator, or person in charge of a vessel, and subject to the following conditions:
(A) All niche area management practices to be employed as part of the overall biofouling management strategy shall be listed in the Biofouling Management Plan, as required by section 2298.3(b)(3).
(B) All completed niche area management practices shall be documented in the Biofouling Record Book, as required by section 2298.4(b)(2).
(C) If any of the niche area management practices listed in the Biofouling Management Plan are not conducted as planned, the reason(s) why the practice(s) were not conducted shall be documented in the Biofouling Record Book.

Cal. Code Regs. Tit. 2, § 2298.6

1. New section filed 8-14-2017; operative 10-1-2017 (Register 2017, No. 33).

Note: Authority cited: Sections 71201.7 and 71204.6, Public Resources Code. Reference: Sections 71204.6 and 71205, Public Resources Code.

1. New section filed 8-14-2017; operative 10/1/2017 (Register 2017, No. 33).