California s Marine Invasive Species Program Merging Stakeholder Involvement, Politics. ICAIS September 1, 2010 Maurya B Falkner

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1 California s Marine Invasive Species Program Merging Stakeholder Involvement, Politics and Good Science ICAIS September 1, 2010 Maurya B Falkner

2 Presentation Outline History - Where we came from Who we are Program description Major Activities The fun times The not so fun times Where we are going Next Steps Lessons Learned

3 California s Marine Invasive Species Program: Legislative Origins and Directives Ballast Water Management Bill v 1 (March 1999) Discharges prohibited without permit (waste discharge permit) Permit specific to voyage, tanks, etc. Beginning 2003 no discharge of living exotic organisms Fees apply to vessels, ports, and terminals version 5 (July 1999) Statewide general waste discharge requirements valid for 5 yrs Fees apply to vessels, ports, and terminals version 7 ( Aug 1999) Statewide general permit and NOI Assess availability of treatment technology Submit legislative report Fees apply to vessels only

4 California s Marine Invasive Species Program: Legislative Origins and Directives Ballast Water Management For Control of Nonindigenous Species Act (October 1999) Management of ballast water originating from outside the EEZ limited exemptions Ballast water reporting form submission Vessel inspections Baseline biological survey (CDFG) Treatment technology evaluation (SWRCB) Exotic Species Control Fund (BOE) fee assessed on vessel owner/operators $1000 fee cap Civil penalties Report to legislature by December 2002 Preempts other state and local laws Sunsets January 1, 2004

5 CSLC s Ballast Water Management For Control of Nonindigenous Species Program Structure (1999 mid 2004) Program Admin/Data Management (2) Implement state program Train inspectors Develop outreach/education material Interact with industry Data entry Delinquent BW form tracking & notifications Establish fee Write reports Presentations Facilitate TAG Field Operations (3) Inspections Ballast water sampling Outreach and Education Facilitate research access to vessels

6 Marine Invasive Species Act Legislative History Marine Invasive Species Act (2003) Reauthorization/renewal Expand/Enhance program Recommend performance standards Recommendations for other commercial vessel vectors Ballast water management for arrivals from Pacific Coast Region Additional requirements for vessels Removed most exemptions Preempt other state and local agencies Increase civil and add criminal penalties Biennial reports to legislature Sunset 2010

7 Marine Invasive Species Act Legislative History Continued Ecosystem Protection Act (2006) Implementation of performance standards Assess ballast water treatment technologies Assembly Bill 740 (2007) Requires regular removal of fouling Submission of Hull Husbandry Reporting Form Recommend management in 2012 Assembly Bill 1781 (2008) Alters implementation date for standards Assembly Bill 248 (2009) Reporting and record keeping related to treatment systems

8 California Marine Invasive Species Program Structure (Late 2004 present) Program Administration (4) Policy recommendations Facilitate TAGs Identify/Coordinate/Fund priority research projects Data analysis & QA/QC Outreach & Education Data Management (6) Data entry (BW + Hull Husbandry) Form QA/QC Delinquent BW form tracking & notifications Field Operations (8) Inspections & Enforcement Ballast water sampling Outreach & Education Facilitate research access to vessels

9 MIS Program & Information Exchange Program Administration International/Federal/State/ Local Govts & Lawmakers NGOs & Shipping Assoc Data Management Owners Agents Scientific Community Field Operations Vessel Officers & Crew

10 Data Management Program Of tanks being discharged in arrival port on the current voyage, only 1 was exchanged. Should be 2. Only 2 of the listed tanks are actually being discharged in the arrival port on arrival date. If no water is being discharged in arrival port on current voyage, tanks do not need to be listed. Data Entry (annually) ~ BW Reporting Forms ~ 2000 BW Inspection Forms ~ 2000 Hull Husbandry Reporting Forms Outreach/Education Daily contact with agents/owners Monthly compliance report Illegal exchange location. Since vessel is transiting within the Pacific Coast Region, and this tank s ballast water is also from the PCR, it must be exchanged more than 50 nm from shore. This location is closer than 50 nm. Illegal ballast water management was required. Lack of info suggests no ballast water exchange took place. Date suggests this does not apply to current voyage. Only tanks to be discharged in arrival port, on the current voyage need to be listed here.

11 MIS Program & Information Exchange Program Administration International/Federal/State/ Local Govts & Lawmakers NGOs & Shipping Assoc Data Management Owners Agents Scientific Community Field Operations Vessel Officers & Crew

12 Ballast Water Logs & Records Management plan Ballast Water Log Ballast Water Reporting Forms Ballast Water BMPs Field Office/Inspection Program Ballast Water Management Regulations Inside vs. Outside the Pacific Coast Region Safety exemptions Vessels with experimental ballast water treatment systems Ballast Tank Sampling Hull Husbandry Reporting Form Hull Husbandry Practices Arrivals Tracking/Database entry Coming Soon: Performance Standards for Ballast Water Discharge

13 Field Office New Vessel Information Packet Forms & Instructions Regulations & Legislation Letters to Agents on Regulatory Changes WCBOP Materials Key Contacts Sample Ballast Log Regulatory Information Sheets

14 MISP Program & Information Exchange Program Administration International/Federal/State/ Local Govts & Lawmakers NGOs & Shipping Assoc Data Management Owners Agents Scientific Community Field Operations Vessel Officers & Crew

15 Technical Advisory Group/Panel State Federal Academic/Research Shipping Industry

16 Humboldt Bay Technical Advisory Group/Panel Uses Richmond Carquinez Sacramento Stockton San Francisco Oakland Redwood Moss Landing Monterey Morro Bay Carpinteria Santa Barbara Port Hueneme El Segundo Los Angeles/Long Beach Camp Pendleton Avalon/Catalina San Diego

17 PS Technical Advisory Group Members

18 Performance Standards Technical Advisory Group Meetings (2005) Information Sharing Development of Key Considerations Recommendation Development Meeting #1 March 7, 2005 Meeting #2 April 27, 2005 Meeting #3 June 22, 2005 Meeting #4 July 13, 2005 Meeting #5 August 8, 2005 Introductions Presentations: Discussion: Discussion: Discussion: Orientation to Panel requirements as per P.R.C. Discussion: Panel information needs Ballast water data R&D treatment technologies Invasion rate theories Water quality regulatory frameworks Discussion: Preliminary key considerations Prototype ballast treatment technologies Economic considerations Data on exchanged and unexchanged ballast water Performance standards of other programs: Rationale Performance standards & implementation schedules of other programs: Suitability for CA Economic considerations Invasion rate theories Framework for CA performance standards Standards and implementation schedule for CA Panel recommendations

19 Considerations: Best Available Treatment Technologies Technological Hurdles Variable water quality conditions (temperature, salinity, turbidity, etc.) Variable residence times High flow rates & volumes Wide taxanomic range Challenges for Evaluation (in 2005) Few installed on operational vessels Few trials Few port systems Varying efficacy testing methods

20 Considerations: Economic Achievability Costs for control & eradication Value of California s ocean economy Economic health of the shipping industry Costs of prototype technologies Limited shipboard installations Reflective of R & D 250, , , ,000 50,000 0 Value of Import and Export of Major CA Ports: (in Millions of U.S. Dollars) Kildow and Colgan Import Export Technology/Vessel Equipment Installation (labor/materials) Operation Testing (per voyage) Total Hydrocyclone + UV Container Vessel $200 $220 $6 $67 $493 Passenger Vessel $105 $15 $20 NA $140 Passenger Vessel $135 $65 $15 $67 $282 Passenger Vessel $128 $19 NA NA $ µm Filter + UV Passenger Vessel $173 NA $20 $63 $256 Chlorine Dioxide Integrated Tug-Barge $237 $157 $75 $80 $549 Deoxygenation Integrated Tug-Barge $300 $50 $12 $100 $462 Container Vessel $290 $170 $12 $100 $572

21 Biological Considerations How low do you go? 1.E+14 Unmanaged Ballast Water Exchanged Ballast Water Probability of Invasion Success Increasing probability d c 0 Increasing # of organisms b a X Density of Organisms (per m 3 ) 1.E+12 1.E+10 1.E+08 1.E+06 1.E+04 1.E+02 1.E+00 1.E-02 Propagule Supply (Concentration of Organisms) From: Ruiz, G.M. & J.T. Carlton Invasion vectors: a conceptual framework for management. In: Invasive Species, Vectors and Management Strategies. 1.E Organism Size Class ("μm" = "micron" = meter) Created from data presented by Dr. Gregory Ruiz during technical advisory panel meetings. (2005)

22 Considerations: Standards Adopted/Considered Elsewhere Organism Size Class (Units) Unmanaged ballast water Exchanged ballast water IMO U.S. Senate Bills 363/1224 U.S. position at IMO Michigan >50 µm (/m 3 ) (or permit) µm (/ml) (or permit) <10 µm (/100 ml) E. coli 100 I.enteroco cci 1 V. cholera 126 E. Coli 33 I.enteroco cci 1 V. cholera 126 E. Coli 33 I.enteroco cci 0 (or permit) U.S. House & Senate Bills H.R. 1591/S.770 Washington 95% [H] 99% [S] (99.9%) [S] 95% 95% [H] 99% [S] (99.9%) [S] 99% - 99%

23 Agreement & Disagreement Agreement Concentration based standards over percent reduction Much better than ballast water exchange Standards should drive technologies, not the reverse Need a finite implementation schedule Disagreement Numeric values for standards

24 Performance Standards (as recommended by Panel Majority) Organism Size Class California IMO Regulation D-2 Organisms greater than 50 µm in minimum dimension No detectable living organisms < 10 viable organisms per cubic meter Organisms µm in minimum dimension Organisms less than 10 µm in minimum dimension Escherichia coli Intestinal enterococci Toxicogenic Vibrio cholerae (01 & 0139) < 0.01 living organisms per ml < 10 3 bacteria/100 ml < 10 4 viruses/100 ml < 126 cfu 3 /100 ml < 33 cfu/100 ml < 1cfu/100 ml or < 1cfu/gram wet weight zoological samples < 10 viable organisms per ml < 250 cfu/100 ml < 100 cfu/100 ml < 1 cfu/100 ml or < 1 cfu/gram wet weight zooplankton samples Ballast Water Capacity of Vessel Standards apply to new vessels in this size class constructed on or after Standards apply to all other vessels in this size class beginning in < 1500 metric tons metric tons > 5000 metric tons

25 Funded Technology Development Projects CSLC Princess Cruise Installation of treatment technology on Sea Princess completed CSLC Matson Navigation I Installation of treatment technology on the R.J. Pfeiffer completed CSLC Matson Navigation II Installation of treatment technology on the ITB Moku Pahu in progress CSLC APL Installation of treatment technology onboard the APL England in progress CSLC Glosten/CMA Dockside technology research & testing facility on the Golden Bear in progress

26 Targeted Research Projects CSLC Portland State University Phases I, II, & III Assessing the risk of invasions from commercial vessel hull fouling CSLC Smithsonian Environmental Research Center Phases I & II Ballast water exchange verification/beam CSLC San Jose State University, Moss Landing Marine Laboratory Develop rapid, bulk assay to determine phytoplankton viability

27 Program Development Next Steps Integrate database with GIS Targeted inspections Intra and inter agency communication, outreach, education Performance Standards Treatment technology assessment Continue developing compliance verification procedures Outreach to vessel owners/operators and technology developers Research Golden Bear facility, Multiple shipboard installations/assessments, Bulk viability assays Vessel Fouling Targeted Research Developing regulations

28 Lessons Learned We ve accomplished a great deal, despite others... If you aren t going to help, then get out of the way Do not pull punches transparency rules! Be careful what you wish for.... Keep your allies close and your opponents closer Despite careful planning, at some point, it will hit the fan.... Surround yourself with energetic, intelligent, curious people Enjoy and embrace risks Avoid the naysayers Beer and/or chocolate, nuff said!

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