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1 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 542Introduced by Senator LimnFebruary 20, 2025 An act to amend Section 8670.9 of the Government Code, relating to oil spills. LEGISLATIVE COUNSEL'S DIGESTSB 542, as introduced, Limn. Oil spill prevention and response.The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. The act requires the administrator to enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements that address specified matters regarding oil spill prevention and response and to coordinate the development of these agreements with the United States Coast Guard, the Province of British Columbia in Canada, and the Republic of Mexico.This bill would require the administrator to additionally coordinate the development of those interstate agreements with any other appropriate federal entities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 8670.9 of the Government Code is amended to read:8670.9. (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following:(1) Coordination of vessel safety and traffic.(2) Spill prevention equipment and response required on vessels and at facilities.(3) The availability of oil spill response and cleanup equipment and personnel.(4) Other matters that may relate to the transport of oil and oil spill prevention, response, and cleanup.(b) The administrator shall coordinate the development of these agreements with the United States Coast Guard, Guard and any other appropriate federal entities, the Province of British Columbia in Canada, and the Republic of Mexico. | |
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3 | + | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Senate Bill No. 542Introduced by Senator LimnFebruary 20, 2025 An act to amend Section 8670.9 of the Government Code, relating to oil spills. LEGISLATIVE COUNSEL'S DIGESTSB 542, as introduced, Limn. Oil spill prevention and response.The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. The act requires the administrator to enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements that address specified matters regarding oil spill prevention and response and to coordinate the development of these agreements with the United States Coast Guard, the Province of British Columbia in Canada, and the Republic of Mexico.This bill would require the administrator to additionally coordinate the development of those interstate agreements with any other appropriate federal entities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO | |
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5 | - | Amended IN Senate March 26, 2025 | |
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7 | - | Amended IN Senate March 26, 2025 | |
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9 | 9 | CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION | |
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11 | 11 | Senate Bill | |
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13 | 13 | No. 542 | |
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15 | 15 | Introduced by Senator LimnFebruary 20, 2025 | |
16 | 16 | ||
17 | 17 | Introduced by Senator Limn | |
18 | 18 | February 20, 2025 | |
19 | 19 | ||
20 | - | An act to amend Section 8670.9 of | |
20 | + | An act to amend Section 8670.9 of the Government Code, relating to oil spills. | |
21 | 21 | ||
22 | 22 | LEGISLATIVE COUNSEL'S DIGEST | |
23 | 23 | ||
24 | 24 | ## LEGISLATIVE COUNSEL'S DIGEST | |
25 | 25 | ||
26 | - | SB 542, as | |
26 | + | SB 542, as introduced, Limn. Oil spill prevention and response. | |
27 | 27 | ||
28 | - | Under existing law, the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, there is an administrator for oil spill response. Under this act, the owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for, among other things, the facility or oil to be handled.This bill would require there to be an unspecified public process before the administrator issues the certificate of financial responsibility.Under the act, the administrator has primary authority to direct prevention, removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any oil spill in the waters of the state as specified. A person who knowingly violates the act, or other law as provided, is, upon conviction, guilty of a misdemeanor, punishable by a fine or by imprisonment, as specified. Under existing law, the Elder California Pipeline Safety Act of 1981, the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances.The bill would, notwithstanding other law, prohibit existing oil pipelines that have not been used for 5 or more years from being restarted without a hydro test. By expanding the scope of a crime, this bill would impose a state-mandated local program.The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.This bill would provide that no reimbursement is required by this act for a specified reason.The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. The act requires the administrator to enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements that address specified matters regarding oil spill prevention and response and to coordinate the development of these agreements with the United States Coast Guard, the Province of British Columbia in Canada, and the Republic of Mexico.This bill would require the administrator to additionally coordinate the development of those interstate agreements with any other appropriate federal entities. | |
29 | - | ||
30 | - | Under existing law, the Lempert-Keene-Seastrand Oil Spill Prevention and Response Act, there is an administrator for oil spill response. Under this act, the owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for, among other things, the facility or oil to be handled. | |
31 | - | ||
32 | - | This bill would require there to be an unspecified public process before the administrator issues the certificate of financial responsibility. | |
33 | - | ||
34 | - | Under the act, the administrator has primary authority to direct prevention, removal, abatement, response, containment, and cleanup efforts with regard to all aspects of any oil spill in the waters of the state as specified. A person who knowingly violates the act, or other law as provided, is, upon conviction, guilty of a misdemeanor, punishable by a fine or by imprisonment, as specified. Under existing law, the Elder California Pipeline Safety Act of 1981, the State Fire Marshal exercises safety regulatory jurisdiction over intrastate pipelines used for the transportation of hazardous or highly volatile liquid substances. | |
35 | - | ||
36 | - | The bill would, notwithstanding other law, prohibit existing oil pipelines that have not been used for 5 or more years from being restarted without a hydro test. By expanding the scope of a crime, this bill would impose a state-mandated local program. | |
37 | - | ||
38 | - | The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. | |
39 | - | ||
40 | - | This bill would provide that no reimbursement is required by this act for a specified reason. | |
28 | + | The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. The act requires the administrator to enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements that address specified matters regarding oil spill prevention and response and to coordinate the development of these agreements with the United States Coast Guard, the Province of British Columbia in Canada, and the Republic of Mexico.This bill would require the administrator to additionally coordinate the development of those interstate agreements with any other appropriate federal entities. | |
41 | 29 | ||
42 | 30 | The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act generally requires the administrator for oil spill response, acting at the direction of the Governor, to implement activities relating to oil spill response, including emergency drills and preparedness and oil spill containment and cleanup, and to represent the state in any coordinated response efforts with the federal government. The act requires the administrator to enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements that address specified matters regarding oil spill prevention and response and to coordinate the development of these agreements with the United States Coast Guard, the Province of British Columbia in Canada, and the Republic of Mexico. | |
43 | 31 | ||
44 | - | ||
45 | - | ||
46 | 32 | This bill would require the administrator to additionally coordinate the development of those interstate agreements with any other appropriate federal entities. | |
47 | - | ||
48 | - | ||
49 | 33 | ||
50 | 34 | ## Digest Key | |
51 | 35 | ||
52 | 36 | ## Bill Text | |
53 | 37 | ||
54 | - | The people of the State of California do enact as follows:SECTION 1. Section 8670. | |
38 | + | The people of the State of California do enact as follows:SECTION 1. Section 8670.9 of the Government Code is amended to read:8670.9. (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following:(1) Coordination of vessel safety and traffic.(2) Spill prevention equipment and response required on vessels and at facilities.(3) The availability of oil spill response and cleanup equipment and personnel.(4) Other matters that may relate to the transport of oil and oil spill prevention, response, and cleanup.(b) The administrator shall coordinate the development of these agreements with the United States Coast Guard, Guard and any other appropriate federal entities, the Province of British Columbia in Canada, and the Republic of Mexico. | |
55 | 39 | ||
56 | 40 | The people of the State of California do enact as follows: | |
57 | 41 | ||
58 | 42 | ## The people of the State of California do enact as follows: | |
59 | 43 | ||
60 | - | SECTION 1. Section 8670. | |
44 | + | SECTION 1. Section 8670.9 of the Government Code is amended to read:8670.9. (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following:(1) Coordination of vessel safety and traffic.(2) Spill prevention equipment and response required on vessels and at facilities.(3) The availability of oil spill response and cleanup equipment and personnel.(4) Other matters that may relate to the transport of oil and oil spill prevention, response, and cleanup.(b) The administrator shall coordinate the development of these agreements with the United States Coast Guard, Guard and any other appropriate federal entities, the Province of British Columbia in Canada, and the Republic of Mexico. | |
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62 | - | SECTION 1. Section 8670. | |
46 | + | SECTION 1. Section 8670.9 of the Government Code is amended to read: | |
63 | 47 | ||
64 | 48 | ### SECTION 1. | |
65 | 49 | ||
66 | - | 8670. | |
50 | + | 8670.9. (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following:(1) Coordination of vessel safety and traffic.(2) Spill prevention equipment and response required on vessels and at facilities.(3) The availability of oil spill response and cleanup equipment and personnel.(4) Other matters that may relate to the transport of oil and oil spill prevention, response, and cleanup.(b) The administrator shall coordinate the development of these agreements with the United States Coast Guard, Guard and any other appropriate federal entities, the Province of British Columbia in Canada, and the Republic of Mexico. | |
67 | 51 | ||
68 | - | 8670. | |
52 | + | 8670.9. (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following:(1) Coordination of vessel safety and traffic.(2) Spill prevention equipment and response required on vessels and at facilities.(3) The availability of oil spill response and cleanup equipment and personnel.(4) Other matters that may relate to the transport of oil and oil spill prevention, response, and cleanup.(b) The administrator shall coordinate the development of these agreements with the United States Coast Guard, Guard and any other appropriate federal entities, the Province of British Columbia in Canada, and the Republic of Mexico. | |
69 | 53 | ||
70 | - | 8670. | |
54 | + | 8670.9. (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following:(1) Coordination of vessel safety and traffic.(2) Spill prevention equipment and response required on vessels and at facilities.(3) The availability of oil spill response and cleanup equipment and personnel.(4) Other matters that may relate to the transport of oil and oil spill prevention, response, and cleanup.(b) The administrator shall coordinate the development of these agreements with the United States Coast Guard, Guard and any other appropriate federal entities, the Province of British Columbia in Canada, and the Republic of Mexico. | |
71 | 55 | ||
72 | 56 | ||
73 | 57 | ||
74 | - | 8670.15. In order to reduce the risk of an oil spill upon returning to service, notwithstanding any other law, every existing oil pipeline that has not been in use for five or more years shall not be restarted without a hydro test. | |
75 | - | ||
76 | - | SEC. 2. Section 8670.37.51 of the Government Code is amended to read:8670.37.51. (a) A tank vessel or vessel carrying oil as a secondary cargo shall not be used to transport oil across waters of the state unless the owner or operator has applied for and obtained a certificate of financial responsibility issued by the administrator for that vessel or for the owner of all of the oil contained in and to be transferred to or from that vessel.(b) An operator of a marine terminal within the state shall not transfer oil to or from a tank vessel or vessel carrying oil as a secondary cargo unless the operator of the marine terminal has received a copy of a certificate of financial responsibility issued by the administrator for the operator of that vessel or for all of the oil contained in and to be transferred to or from that vessel.(c) An operator of a marine terminal within the state shall not transfer oil to or from any vessel that is or is intended to be used for transporting oil as cargo to or from a second vessel unless the operator of the marine terminal has first received a copy of a certificate of financial responsibility issued by the administrator for the person responsible for both the first and second vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to or from both vessels.(d) (1) An owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for the facility or the oil to be handled, stored, or transported by the facility.(2) Before the administrator issues a certificate of financial responsibility pursuant to paragraph (1) there shall be a public process.(e) Pursuant to Section 8670.37.58, nontank vessels shall obtain a certificate of financial responsibility. | |
77 | - | ||
78 | - | SEC. 2. Section 8670.37.51 of the Government Code is amended to read: | |
79 | - | ||
80 | - | ### SEC. 2. | |
81 | - | ||
82 | - | 8670.37.51. (a) A tank vessel or vessel carrying oil as a secondary cargo shall not be used to transport oil across waters of the state unless the owner or operator has applied for and obtained a certificate of financial responsibility issued by the administrator for that vessel or for the owner of all of the oil contained in and to be transferred to or from that vessel.(b) An operator of a marine terminal within the state shall not transfer oil to or from a tank vessel or vessel carrying oil as a secondary cargo unless the operator of the marine terminal has received a copy of a certificate of financial responsibility issued by the administrator for the operator of that vessel or for all of the oil contained in and to be transferred to or from that vessel.(c) An operator of a marine terminal within the state shall not transfer oil to or from any vessel that is or is intended to be used for transporting oil as cargo to or from a second vessel unless the operator of the marine terminal has first received a copy of a certificate of financial responsibility issued by the administrator for the person responsible for both the first and second vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to or from both vessels.(d) (1) An owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for the facility or the oil to be handled, stored, or transported by the facility.(2) Before the administrator issues a certificate of financial responsibility pursuant to paragraph (1) there shall be a public process.(e) Pursuant to Section 8670.37.58, nontank vessels shall obtain a certificate of financial responsibility. | |
83 | - | ||
84 | - | 8670.37.51. (a) A tank vessel or vessel carrying oil as a secondary cargo shall not be used to transport oil across waters of the state unless the owner or operator has applied for and obtained a certificate of financial responsibility issued by the administrator for that vessel or for the owner of all of the oil contained in and to be transferred to or from that vessel.(b) An operator of a marine terminal within the state shall not transfer oil to or from a tank vessel or vessel carrying oil as a secondary cargo unless the operator of the marine terminal has received a copy of a certificate of financial responsibility issued by the administrator for the operator of that vessel or for all of the oil contained in and to be transferred to or from that vessel.(c) An operator of a marine terminal within the state shall not transfer oil to or from any vessel that is or is intended to be used for transporting oil as cargo to or from a second vessel unless the operator of the marine terminal has first received a copy of a certificate of financial responsibility issued by the administrator for the person responsible for both the first and second vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to or from both vessels.(d) (1) An owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for the facility or the oil to be handled, stored, or transported by the facility.(2) Before the administrator issues a certificate of financial responsibility pursuant to paragraph (1) there shall be a public process.(e) Pursuant to Section 8670.37.58, nontank vessels shall obtain a certificate of financial responsibility. | |
85 | - | ||
86 | - | 8670.37.51. (a) A tank vessel or vessel carrying oil as a secondary cargo shall not be used to transport oil across waters of the state unless the owner or operator has applied for and obtained a certificate of financial responsibility issued by the administrator for that vessel or for the owner of all of the oil contained in and to be transferred to or from that vessel.(b) An operator of a marine terminal within the state shall not transfer oil to or from a tank vessel or vessel carrying oil as a secondary cargo unless the operator of the marine terminal has received a copy of a certificate of financial responsibility issued by the administrator for the operator of that vessel or for all of the oil contained in and to be transferred to or from that vessel.(c) An operator of a marine terminal within the state shall not transfer oil to or from any vessel that is or is intended to be used for transporting oil as cargo to or from a second vessel unless the operator of the marine terminal has first received a copy of a certificate of financial responsibility issued by the administrator for the person responsible for both the first and second vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to or from both vessels.(d) (1) An owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for the facility or the oil to be handled, stored, or transported by the facility.(2) Before the administrator issues a certificate of financial responsibility pursuant to paragraph (1) there shall be a public process.(e) Pursuant to Section 8670.37.58, nontank vessels shall obtain a certificate of financial responsibility. | |
87 | - | ||
88 | - | ||
89 | - | ||
90 | - | 8670.37.51. (a) A tank vessel or vessel carrying oil as a secondary cargo shall not be used to transport oil across waters of the state unless the owner or operator has applied for and obtained a certificate of financial responsibility issued by the administrator for that vessel or for the owner of all of the oil contained in and to be transferred to or from that vessel. | |
91 | - | ||
92 | - | (b) An operator of a marine terminal within the state shall not transfer oil to or from a tank vessel or vessel carrying oil as a secondary cargo unless the operator of the marine terminal has received a copy of a certificate of financial responsibility issued by the administrator for the operator of that vessel or for all of the oil contained in and to be transferred to or from that vessel. | |
93 | - | ||
94 | - | (c) An operator of a marine terminal within the state shall not transfer oil to or from any vessel that is or is intended to be used for transporting oil as cargo to or from a second vessel unless the operator of the marine terminal has first received a copy of a certificate of financial responsibility issued by the administrator for the person responsible for both the first and second vessels or all of the oil contained in both vessels, as well as all the oil to be transferred to or from both vessels. | |
95 | - | ||
96 | - | (d) (1) An owner or operator of a facility where a spill could impact waters of the state shall apply for and obtain a certificate of financial responsibility issued by the administrator for the facility or the oil to be handled, stored, or transported by the facility. | |
97 | - | ||
98 | - | (2) Before the administrator issues a certificate of financial responsibility pursuant to paragraph (1) there shall be a public process. | |
99 | - | ||
100 | - | (e) Pursuant to Section 8670.37.58, nontank vessels shall obtain a certificate of financial responsibility. | |
101 | - | ||
102 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
103 | - | ||
104 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
105 | - | ||
106 | - | SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIIIB of the California Constitution. | |
107 | - | ||
108 | - | ### SEC. 3. | |
109 | - | ||
110 | - | ||
111 | - | ||
112 | - | ||
113 | - | ||
114 | - | (a)The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following: | |
115 | - | ||
116 | - | ||
58 | + | 8670.9. (a) The administrator shall enter into discussions on behalf of the state with the States of Alaska, Hawaii, Oregon, and Washington, for the purpose of developing interstate agreements regarding oil spill prevention and response. The agreements shall address, including, but not limited to, all of the following: | |
117 | 59 | ||
118 | 60 | (1) Coordination of vessel safety and traffic. | |
119 | 61 | ||
120 | - | ||
121 | - | ||
122 | 62 | (2) Spill prevention equipment and response required on vessels and at facilities. | |
123 | - | ||
124 | - | ||
125 | 63 | ||
126 | 64 | (3) The availability of oil spill response and cleanup equipment and personnel. | |
127 | 65 | ||
128 | - | ||
129 | - | ||
130 | 66 | (4) Other matters that may relate to the transport of oil and oil spill prevention, response, and cleanup. | |
131 | 67 | ||
132 | - | ||
133 | - | ||
134 | - | (b)The administrator shall coordinate the development of these agreements with the United States Coast Guard and any other appropriate federal entities, the Province of British Columbia in Canada, and the Republic of Mexico. | |
68 | + | (b) The administrator shall coordinate the development of these agreements with the United States Coast Guard, Guard and any other appropriate federal entities, the Province of British Columbia in Canada, and the Republic of Mexico. |