A violation of any provision within Division 36, Chapter 2 (comprising sections 71203 through 71207), of the PRC or Title 2, Division 3, Chapter 1, Articles 4.6, 4.7, and 4.8 of the CCR shall be considered within one of three classes:
(a) Class 1: Class 1 violations shall be issued to a cited party when a vessel discharges ballast water in the coastal waters of the state without first complying with the appropriate ballast management practices identified in section 71204.3 of the PRC or 2 CCR section 2284.
(1) Class 1 violations will be considered to be:
(A) Minor:
(1) if a vessel subject to section 71204.3, subdivision (c) of the PRC, prior to discharging ballast water into the coastal waters of the state, performs an incorrect exchange of ballast water in an area less than 200 nautical miles and equal to or greater than 180 nautical miles from land; or
(2) if a vessel subject to 2 CCR section 2284, prior to discharging ballast water into the coastal waters of the state, performs an incorrect exchange of ballast water in an area less than 50 nautical miles and equal to or greater than 45 nautical miles from land.
(B) Moderate:
(1) if a vessel subject to section 71204.3, subdivision (c) of the PRC, prior to discharging ballast water into the coastal waters of the state, performs an incorrect exchange of ballast water in an area less than 180 nautical miles and equal to or greater than 100 nautical miles from land;
(2) if a vessel subject to 2 CCR section 2284, prior to discharging ballast water into the coastal waters of the state, performs an incorrect exchange of ballast water in an area less than 45 nautical miles and equal to or greater than 25 nautical miles from land; or
(3) any additional Class 1 Minor violations committed on a subsequent voyage committed within twelve (12) months of a preceding Class 1 Minor violation shall be considered a Class 1 Moderate violation.
(C) Major (I):
(1) if a vessel subject to section 71204.3, subdivision (c) of the PRC, prior to discharging ballast water into the coastal waters of the state, performs an incorrect exchange of ballast water in an area less than 100 nautical miles from land;
(2) if a vessel subject to 2 CCR section 2284, prior to discharging ballast water into the coastal waters of the state, performs an incorrect exchange of ballast water in an area less than 25 nautical miles from land; or
(3) any additional Class 1 Moderate violations committed on a subsequent voyage committed within twelve (12) months of a preceding Class 1 Moderate violation shall be considered a Class 1 Major (I) violation.
(D) Major (II): if a vessel, subject to section 71204.3, subdivision (c) of the PRC or 2 CCR section 2284, prior to discharging ballast water into the coastal waters of the state, fails to perform any ballast water exchange during its voyage.
(b) Class 2: Class 2 violations shall be issued to a cited party when a vessel fails to properly maintain on board the vessel, as required:
(1) a ballast water management plan pursuant to section 71204, subdivisions (h) and (i) of the PRC;
(2) a ballast water log pursuant to section 71205, subdivision (d) of the PRC; or
(3) any other information that is required to be carried or maintained on board a vessel pursuant to section 71205 of the PRC.
(c) Class 3: Class 3 violations shall be issued when a cited party fails to submit the following information to the Commission, as required:
(1) the ballast water reporting information required by section 71205, subdivision (c) of the PRC;
(2) the “Ballast Water Treatment Supplemental Reporting Form” as required by 2 CCR section 2297.1, subdivision (b);
(3) the “Hull Husbandry Reporting Form” as required by 2 CCR section 2298;
(4) the “Ballast Water Treatment Technology Annual Reporting Form” as required by 2 CCR section 2297.1, subdivision (a); or
(5) any other forms required pursuant to section 71205 of the PRC.
Credits
Note: Authority cited: Sections 71203, 71204, 71204.3, 71205, 71206 and 71201.7, Public Resources Code. Reference: Sections 71207 and 71216, Public Resources Code.
