The requirements of this Control Measure do not apply
to:
(a) Non-stop voyages.
(1) Ocean-going vessel voyages that do not
stop at a California port, terminal, or berth including:
(A) Stopping and anchoring required by the
United States Coast Guard;
(B)
Stopping necessary due to force majeure or distress as defined in the
"Responsibility of States for Internationally Wrongful Acts (2001)," which is
incorporated herein by reference; or
(C) A stop made solely to render assistance
to persons, vessel, or aircraft in danger or distress.
(2) The following voyages are considered a
"stop" and do not qualify for the exemption:
(A) Innocent passage of an ocean-going vessel
that engages in any of the prejudicial activities specified in United Nations
Convention on the Law of the Seas 1982, Article 19, subpart 2 as it read on
November 16, 1994; or
(B) The
passage of vessel(s) that are otherwise scheduled or intended to call at a port
or terminal facility for any reasons other than the three enumerated reasons
listed in subsection (a)(1).
(b) Government and military vessels.
The requirements of this Control Measure do not apply to
government or military vessels. However, government or military vessels are
encouraged to act in a manner consistent, as far as is reasonable and
practicable, with this section.
Notes
Cal. Code Regs. Tit. 17, §
93130.4
1. New
section filed 12-30-2020; operative 1-1-2021 (Register 2021, No. 1).
(Transmission and filing deadlines specified in Government Code sections
11346.4(b)
and
11349.3(a),
respectively, extended 60 calendar pursuant to Executive Order
N-40-20.)
Note: Authority cited: Sections
38560,
38562,
39600,
39601,
39658,
39659,
39666,
43013
and
41511,
Health and Safety Code. Reference: Sections
38510,
38530,
38562,
38566,
38580,
39600,
39650,
39658,
39659,
39666,
41510
and
41511,
Health and Safety Code.
1. New
section filed 12-30-2020; operative 1/1/2021 (Register
2021, No. 1). (Transmission and filing deadlines specified in
Government Code sections
11346.4(b)
and
11349.3(a),
respectively, extended 60 calendar pursuant to Executive Order N-40-20.)