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Section 449.5 Of Article 4. Vessel Traffic Service From California Harbors And Navigation Code >> Division 3. >> Chapter 1. >> Article 4.
449.5
. (a) Upon request by the administrator, the marine exchange
shall submit a complete description and operational status report of
the vessel traffic service. After a public hearing, the administrator
shall, in accordance with paragraph (8) of subdivision (f) of
Section 8670.21 of the Government Code, determine whether the
elements and operation of the vessel traffic service are consistent
with the harbor safety plan for the Los Angeles and Long Beach
harbors developed pursuant to Section 8670.23.1 of the Government
Code and the standards of a statewide vessel traffic service plan or
system developed pursuant to Section 8670.21 of the Government Code.
(b) If, pursuant to subdivision (a), the administrator determines that the vessel traffic service is inconsistent with the harbor safety plan for the Los Angeles and Long Beach harbors developed pursuant to Section 8670.23.1 of the Government Code and the standards of a statewide vessel traffic service plan or vessel traffic monitoring and communications system developed pursuant to Section 8670.21 of the Government Code, the administrator shall issue an order to the marine exchange which specifies modifications to the vessel traffic service to eliminate the inconsistencies.
(c) If the marine exchange has not complied with an order within six months of issuance, then the administrator, after a public hearing, may take any or all of the following actions:
(1) Impose on the marine exchange an administrative fine of not more than five thousand dollars ($5,000) for each day the marine exchange does not comply with the administrator's order.
(2) Administratively revoke the authorization provided to the marine exchange by Section 445 to operate the vessel traffic service.
(d) If authorization for the marine exchange to operate the vessel traffic service is revoked pursuant to this section, the administrator shall take any action that is necessary to expeditiously establish a vessel traffic service for the Los Angeles and Long Beach harbors. The action may include the assessment of fees on vessels, port users, and ports, and the making of needed expenditures, as provided in subdivision (d) of Section 8670.21.
(b) If, pursuant to subdivision (a), the administrator determines that the vessel traffic service is inconsistent with the harbor safety plan for the Los Angeles and Long Beach harbors developed pursuant to Section 8670.23.1 of the Government Code and the standards of a statewide vessel traffic service plan or vessel traffic monitoring and communications system developed pursuant to Section 8670.21 of the Government Code, the administrator shall issue an order to the marine exchange which specifies modifications to the vessel traffic service to eliminate the inconsistencies.
(c) If the marine exchange has not complied with an order within six months of issuance, then the administrator, after a public hearing, may take any or all of the following actions:
(1) Impose on the marine exchange an administrative fine of not more than five thousand dollars ($5,000) for each day the marine exchange does not comply with the administrator's order.
(2) Administratively revoke the authorization provided to the marine exchange by Section 445 to operate the vessel traffic service.
(d) If authorization for the marine exchange to operate the vessel traffic service is revoked pursuant to this section, the administrator shall take any action that is necessary to expeditiously establish a vessel traffic service for the Los Angeles and Long Beach harbors. The action may include the assessment of fees on vessels, port users, and ports, and the making of needed expenditures, as provided in subdivision (d) of Section 8670.21.
