US – Effective Dates of California’s Modified Biofouling Management Regulations Announced 5 September 2017 No.917 Download PDF (415KB) We have obtained the news of the Californian Biofouling Management Regulations from our correspondent in USA, Keesal, Young & Logan. Please see the following information and the notice issued by the California State Lands Commission (“SLC”) on August 15, 2017. Introduction With respect to the prevention of non-indigenous marine invasive species (“NIS”) introductions, the regulation of ballast water management has garnered the lion’s share of attention. However, there is another front to the regulators’ war against NIS introductions: biofouling of the wetted surfaces of vessel hulls and niche areas such as sea chests, thrusters and propeller shafts. For example, in March of this year, New Zealand authorities ordered a bulk carrier to leave its waters upon discovering dense fouling of barnacles and tube worms on the vessel’s hull. Unsurprisingly, California (by and through the SLC) regulates biofouling of all vessels of 300 gross registered tons or more arriving at California ports which carry, or are capable of carrying, ballast water. The SLC has authority to regulate biofouling pursuant to California’s Marine Invasive Species Act, or “MISA.” (California Public Resources Code §§ 71200 – 71271). The SLC announced on August 15, 2017 that modifications to its biofouling regulations will come into effect on October 1, 2017. These “Biofouling Regulations” will be codified at 2 Cal. Code Reg. §§ 2298.1 - 2298.9.1 (the “Biofouling Regulations”). The Biofouling Management Regulations’ new reporting, recordkeeping, and management requirements Highlights of the Biofouling Regulations (available here: http://www.slc.ca.gov/Programs/MISP/4_8_GuidanceDoc.pdf ), include: ・ Reporting requirements: Beginning October 1, 2017, vessels should no longer use the SLC’s separate Hull Husbandry, Ballast Water Treatment (Annual), and “Ballast Water Treat