California Code of Regulations › Title 2 - Administration › Division 3 - State Property Operations › Chapter 1 - State Lands Commission › Article 4.8 - Biofouling Management to Minimize the Transfer of Nonindigenous Species from Vessels Arriving at California Ports › Section 2298.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The following definitions shall govern the construction of
					 this Article:
(a) "Anti-fouling
				  coating" means any paint or other coating that prevents or deters the
				  attachment and growth of biofouling organisms on the wetted portions of a
				  vessel. Anti-fouling coatings may include biocidal or non-biocidal anti-fouling
				  coatings.
(b) "Anti-fouling system"
				  means a coating, paint, surface treatment, surface, or device that is used on a
				  vessel to minimize or prevent attachment, growth, or association of
				  biofouling.
(c) "Biocidal
				  anti-fouling coating" means an anti-fouling coating containing one or more
				  chemical substances that are toxic or act as a deterrent to the settlement of
				  living organisms.
(d) "Biofouling,"
				  also referred to as hull fouling or marine growth, means the attachment or
				  association of marine organisms to the wetted portions of a vessel or its
				  appurtenances, including but not limited to sea chests, propellers, anchors and
				  associated chains, and other niche areas. Biofouling includes microfouling and
				  macrofouling.
(e) "CCR" means the
				  California Code of Regulations.
(f)
				  "Commission staff" means the staff of the California State Lands
				  Commission.
(g) "Division Chief"
				  means the Chief of the Marine Environmental Protection Division of the
				  California State Lands Commission or any employee of the Marine Environmental
				  Protection Division authorized by the Division Chief to act on her or his
				  behalf.
(h) "Effective coating
				  lifespan" means the expected age of an anti-fouling coating, as determined by
				  the manufacturer and based on the vessel-specific application scheme (e.g.
				  coating thickness) at the time of application, at which the coating is no
				  longer expected to satisfactorily prevent or deter biofouling.
(i) "Extended residency period" means
				  remaining in one port consecutively for forty-five days or longer.
(j) "Foul-release coating" means a
				  non-biocidal anti-fouling coating with surface properties that minimize the
				  adhesion of biofouling organisms, resulting in organism detachment by vessel
				  movement.
(k) "Geographic location"
				  means a port, anchorage, city and country, or latitude and longitude
				  coordinates.
(l) "In-water
				  cleaning" means the physical removal of biofouling from the wetted portions of
				  a vessel while the vessel remains in the water.
(m) "In-water inspection" means underwater
				  survey or inspection by diver(s) or with remotely operated vehicle(s).
				  Inspections of a vessel's hull and other underwater surfaces for purposes other
				  than surveying biofouling may be considered opportunities for evaluating the
				  extent of biofouling.
(n) "In-water
				  treatment" means any method or process meant to kill or inactivate, but not
				  remove, biofouling from the wetted portions of a vessel while the vessel
				  remains in the water.
(o)
				  "Macrofouling" means biofouling of large, distinct multicellular organisms
				  visible to the human eye such as barnacles, tubeworms, or fronds of
				  algae.
(p) "Marine Growth
				  Prevention System" or "MGPS" means an anti-fouling system device used to reduce
				  or prevent biofouling accumulation in internal seawater systems and sea chests.
				  MGPS may include the use of anodes, injection systems, and
				  electrolysis.
(q) "Microfouling"
				  means biofouling of microscopic organisms such as bacteria and single-celled
				  algae and the slimy substances that they produce. Microfouling is commonly
				  referred to as a slime layer or biofilm.
(r) "Niche area" means an area on a vessel
				  susceptible to biofouling due to variable hydrodynamic forces, susceptibility
				  to coating system wear or damage, or inadequate protection by anti-fouling
				  systems. Examples of niche areas include, but are not limited to, sea chests,
				  bow thrusters, propeller shafts, inlet gratings, and out-of-water support
				  strips.
(s) "Non-biocidal
				  anti-fouling coating" means an anti-fouling coating that does not rely on one
				  or more chemical substances intended to be toxic or act as a deterrent to
				  organism settlement in order to achieve its anti-fouling properties.
				  Non-biocidal anti-fouling coatings may include foul-release coatings.
(t) "Out-of-water maintenance" means removal
				  of the vessel from the water and placement into a dry dock or slipway for
				  inspection or maintenance. Out-of-water maintenance is commonly referred to as
				  dry docking.
(u) "Out-of-water
				  support blocks" means support blocks placed underneath the vessel while the
				  vessel is undergoing out-of-water maintenance in a dry dock or
				  slipway.
(v) "Out-of-water support
				  strips" means sections of a vessel's hull that rest on out-of-water support
				  blocks while the vessel is undergoing out-of-water maintenance in a dry dock or
				  slipway. These areas are typically not cleaned or treated with fresh
				  anti-fouling systems, resulting in reduced anti-fouling protection.
(w) "Port" means any port or place in which a
				  vessel was, is, or will be anchored or moored, or where a vessel will transfer
				  cargo.
(x) "Vessel" means a vessel
				  of 300 gross registered tons (GRT) or more.
(y) "Wetted portion of a vessel" means all
				  parts of a vessel's hull and structures that are either submerged in water when
				  the vessel is loaded to the deepest permissible draft or associated with
				  internal piping structures in contact with water taken onboard.
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
						71200,
						71201
						and
						71204.6,
						Public Resources Code.