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Business Taxes Law Guide—Revision 2024
Marine Invasive Species Fee Collection Law
Public Resources Code
Division 36. Marine Invasive Species Act
Chapter 3. Research and Program Evaluation
Section 71211
71211. Study to establish baseline conditions. (a) (1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall collect data necessary to establish and maintain an inventory of the location and geographic range of nonindigenous species populations in the coastal and estuarine waters of the state that includes open coastal waters and bays and estuaries. In particular, data shall be collected that does both of the following:
(A) Supplements the existing baseline of nonindigenous species previously developed pursuant to this section, by adding data from investigations of intertidal and nearshore subtidal habitats along the open coast.
(B) Monitors the coastal and estuarine waters of the state, including, but not limited to, habitats along the open coast, for new introductions of nonindigenous species or spread of existing nonindigenous species populations.
(2) Whenever possible, the study shall use appropriate, existing data, including data from previous studies made pursuant to this section. The Department of Fish and Wildlife shall make the inventory and accompanying analysis available to the public through the Internet on or before January 1, 2007, and annually shall provide to the public an update of that inventory.
(b) (1) The Department of Fish and Wildlife, in consultation with the commission and the United States Coast Guard, shall assess the effectiveness of the ballast water and biofouling controls implemented pursuant to this division by comparing the status and establishment of nonindigenous species populations, as determined from the data collected pursuant to subdivision (a), with the baseline data collected pursuant to this division and submitted in a report to the Legislature in 2003.
(2) Whenever possible, this research shall utilize appropriate, existing data.
(c) Information generated by the research conducted pursuant to this section shall be of the type and in a format useful for subsequent studies and reports undertaken for any of the following purposes:
(1) The determination of alternative discharge zones.
(2) The identification of environmentally sensitive areas to be avoided for uptake or discharge of ballast water.
(3) The long-term effectiveness of biofouling management and ballast water discharge control measures.
(4) The determination of potential risk zones where uptake or discharge of ballast water shall be prohibited.
(5) The rate and risk of establishment of nonindigenous species in the coastal waters of the state, and resulting impacts.
History—Stats. 2006, Ch. 292 (SB 497), in effect January 1, 2007, added "annually" after "on or before January 1, 2007, and" and deleted "no later than July 1, 2008" after "an update of that inventory" in paragraph (2) of subdivision (a); and added ", and every three years thereafter" after "January 1, 2009" in paragraph (3) of subdivision (b). Stats. 2012, Ch. 728 (SB 71), in effect January 1, 2013, deleted paragraph (3) in subdivision (b). Stats. 2018, Ch. 742 (SB 1493), in effect January 1, 2019, substituted "use" for "utilize" in the first sentence in paragraph (a)(2); added "and biofouling" after "effectiveness of the ballast water" in paragraph (b)(1); added "biofouling management and ballast water" in paragraph (c)(3); and substituted "Wildlife" for "Game" in subdivisions (a) and (b).