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§ 2298.9.1. Emergency Exemptions.

2 CA ADC § 2298.9.1Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 2. Administration
Division 3. State Property Operations
Chapter 1. State Lands Commission (Refs & Annos)
Article 4.8. Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports
2 CCR § 2298.9.1
§ 2298.9.1. Emergency Exemptions.
(a) A vessel will be exempt from the requirements contained within Article 4.8 if all of the following conditions are satisfied:
(1) The vessel makes an unscheduled arrival to a California port because of an emergency, where the safety of the vessel or crew is compromised;
(A) Arrival for the sole purpose of scheduled bunkering is not an emergency under this clause;
(2) The master, owner, operator, agent, or person in charge of the vessel notifies the Division Chief, in written or electronic form, of the emergency, and provides details on the nature of the emergency, no later than twenty-four hours after the arrival and cessation of the emergency;
(3) The vessel has not arrived to another California port since the most recent of the:
(A) Previous out-of-water maintenance;
(B) Vessel's delivery into service; or
(C) Date when the vessel owner commenced ownership of the vessel.
(4) The vessel will remain in California waters for 21 days or less.
(A) If the vessel remains in California waters for greater than 21 days, the Division Chief may require the master, owner, operator, or person in charge of a vessel to clean or treat the vessel to remove or inactivate macrofouling, using available in-water cleaning technologies, in-water treatment technologies, or out-of-water maintenance. The Division Chief will consider the biofouling extent, vessel port residency duration, and available in-water cleaning or treatment options when making this determination.

Credits

Note: Authority cited: Sections 71201.7 and 71204.6, Public Resources Code. Reference: Sections 71204, 71204.6 and 71205, Public Resources Code.
History
1. New section filed 8-14-2017; operative 10-1-2017 (Register 2017, No. 33).
This database is current through 2/16/24 Register 2024, No. 7.
Cal. Admin. Code tit. 2, § 2298.9.1, 2 CA ADC § 2298.9.1
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