§ 71203. — 71203. (Amended by Stats. 2019, Ch. 443, Sec. 3.)

(a)
The master, operator, or person in charge of a vessel is responsible for the safety of the vessel, its crew, and its passengers.
(b)
(1)
The master, operator, or person in charge of a vessel is not required by this division to conduct a ballast water management practice, including exchange, if the master determines that the practice would threaten the safety of the vessel, its crew, or its passengers because of adverse weather, vessel design limitations, equipment failure, or any other extraordinary conditions.
(2)
If a determination described in paragraph (1) is made, the master, operator, or person in charge of the vessel shall do all
of the following:
(A)
Take all feasible measures, based on the best available technologies economically achievable, that do not compromise the safety of the vessel to minimize the discharge of ballast water containing nonindigenous species into the waters of the state, or waters that may impact waters of the state.
(B)
Include in the ballast water log for the vessel a description of how conducting a ballast water management practice would have risked the safety of the vessel, its crew, or its passengers consistent with the determination made pursuant to paragraph (1).
(C)
Notify the commission of the determination at the earliest practicable time.
(D)
Provide a copy of the description included in the ballast water log referenced in subparagraph (B) to
the commission upon request.
(c)
Nothing in this division relieves the master, operator, or person in charge of a vessel of the responsibility for ensuring the safety and stability of the vessel or the safety of the crew and passengers, or any other responsibility.

Legislative History

Amended by Stats. 2019, Ch. 443, Sec. 3. (AB 912) Effective January 1, 2020.