Port of Oakland -- Backgrounder on Ballast Water Issue
Lawsuit: On February 7, 2001, the Center for Marine Conservation and the San Francisco Bay Keeper filed suit against the U.S. Army Corps of Engineers, the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. The lawsuit challenges the approvals issued by those agencies for the Oakland Harbor Navigation Improvement (-50 Foot) Project, and the Berths 55-58 Project under the National Environmental Policy and the Endangered Species Acts. The lawsuit alleges that those federal agencies did not sufficiently address the possibility that the projects might allow new invasive species to enter San Francisco Bay through ballast water discharges.

Evidence: Evidence developed by the Port and the Corps of Engineers showed that if the two anticipated Port projects were constructed, the volume of ballast water discharges associated from ships calling at the Port of Oakland would decrease. This is because these projects together would allow the Port to accommodate the newer generation of containerships. These newer, bigger ships discharge much less ballast water than the older, smaller containerships. The analysis was reviewed and approved by federal and state regulatory agencies.

Leadership: As a leader in the area of addressing non-native species issues, the Port has:

• Adopted an ordinance requiring ships using the Port of Oakland to exchange ballast water at sea -- that ordinance became a model for later California legislation extending the requirement statewide.
• Supported strengthening of national and international ballast water regulation.
• Funded a State Lands Commission shipboard experimental ballast water treatment project.
• Managed a California Association of Port Authorities study of the feasibility of on-shore ballast water treatment.
• Sponsored a workshop with the San Francisco Regional Water Quality Control Board to coordinate advances in Ballast Water Management.
• Funded a study by the Smithsonian Environmental Research Center of the efficacy of oceanic ballast water exchange in San Francisco Bay and potential effects of ballast water discharges and hull fouling on threatened and endangered salmonid species.
• Participated on the advisory committee for the West Coast Ballast Outreach Project.

Research Grant: Tuesday, December 19, 2000, The Port of Oakland's Board of Port Commissioners unanimously approved a $150,000 grant to the California State Lands Commission (CSLC). The Port of Oakland funds are being used to add an additional vessel to the West Coast Demonstration Project. This project is an endeavor to help prevent the introduction of non-indigenous ballast water borne species to West Coast waterways. Additionally, this funding will aid in the analysis and subsequent development of standards for ballast water treatment technology.

Wetland Restoration: Over 95% of the dredged materials from the -50 Foot Project, will be used for wetland restoration, habitat enhancement, and upland use. The preferred dredged material reuse plan for that project is a set of disposal sites that includes restoration of shallow water habitat in the 180-acre Oakland Middle Harbor. This will provide benefits for fish and wildlife and endangered species. Other sites identified in the preferred plan for habitat enhancement include Hamilton Wetlands Restoration Project (Marin County) and Montezuma Wetlands Restoration Project (Solano County), assuming those sites are available to accept dredged material within the time frame of the deepening project.

Oakland Harbor Navigation Improvement Project
(-50 Foot Project)
Project Description
The project will deepen the federal channels of the Oakland Harbor and Port-maintained berths to a depth of -50ft. below mean lower low water (MLLW) in order to accommodate the newest generation of deep-draft container ships. The proposed navigation improvements will involve the dredging and disposal of approximately 13.3 million cubic yards (cy) of bottom sediments.

The proposed dredging and sediment re-use/disposal is anticipated to last up to 4 years, beginning sometime around Spring 2001 and ending in February 2005.

Importance/Objectives of the Project
The -50 Foot Project is important because the harbor channels are no longer adequate to efficiently and cost-effectively accommodate modern, deep-draft vessels. Without deeper channels, the Port will be unable to accommodate the newest generation of large deep-water containerships.

The proposed deepening will also increase the Port of Oakland's ability to benefit from economies of scale and improve the Port's economic competitiveness with other West Coast ports. If channel depths are not adequate, carriers currently serving the Port will curtail their service calls to Oakland. This will result in fewer calls and less cargo moving through the Port.

Benefits of Project
Economy: 8,800 additional jobs; $1.9 billion increased annual business revenue; $55.5 million increased annual local taxes.

Environment: Over 95% of the dredged materials will be used for wetland restoration, habitat enhancement, and upland use. The preferred dredged material reuse plan is a set of disposal sites that includes re-use for restoration of shallow water habitat in the 180-acre Oakland Middle Harbor, which will provide benefits for fish and wildlife and endangered species. Disposal sites identified in the preferred plan for habitat enhancement also include Hamilton Wetlands Restoration Project (Marin County) and Montezuma Wetlands Restoration Project (Solano County), assuming those sites are available to accept dredged material within the time frame of the deepening project.

Community: The public will regain access to the shoreline of the Middle Harbor, previously restricted for military use. The Middle Harbor Enhancement Area (MHEA) will provide a beneficial habitat and natural setting that will further enhance the Middle Harbor Shoreline Park (MHSP). The deepening project together with the development of the new Berths 55-58, will also provide education, recreation and quality of life benefits to an adversely impacted, low-income community in the immediate area surrounding the port as well as the greater Bay Area.

Berths 55-58 -- Project Fact Sheet
Project Description
The Berths 55-58 project is a marine container facility currently being constructed at the entrance of the Oakland Inner Harbor. The project represents a portion of a multifaceted maritime expansion and enhancement effort. Once finished, the 270-acre facility will expand to include 6,000 feet of berths, two marine terminals and ten state of the art cranes, four of which were recently installed by the Port. The facilities will be leased to Hanjin Shipping Company and Stevedoring Services of America (SSA). Dredged materials from the widening of the Inner Harbor channel and the deepening of the berths will help create a public park and beach in Middle Harbor.

Benefits
The Berths 55-58 project is part of the Port of Oakland's larger Vision 2000 Program and will allow the Port to remain competitive with other Ports throughout the world. The increased cargo volume realized by this project will benefit the local community, the regional economy and the environment. The project has been designed to minimize adverse impacts and to maximize environmental and social benefits.

Community: The project fosters efficient cargo operations at the terminals and intermodal cargo transportation. Both will reduce air, noise and other impacts for the region related to truck traffic. The project will also create the Middle Harbor Shoreline Park, a 30-acre light recreation park for family activities, picnicking and environmental education.

Economy: The project will increase the Port's cargo activity, providing expanded job opportunities for the region. The project facilitates the growth and expansion of local industries, including the technology and agri-businesses that depend upon the shipping of goods.

Environmental: Construction requirements, such as the use of electric dredges reduce air and noise impacts during construction. The Port's Vision 2000 Mitigation Monitoring and Reporting Program will help to avoid and reduce biological, cultural, air, noise, traffic and other impacts related to the project.

Mitigation
As part of a public involvement process, the Port adopted the Vision 2000 Mitigation Monitoring and Reporting Program (V2K MMRP) together with the Vision 2000 Maritime Development Program. The V2K MMRP will encompass measures to protect marine habitats, save cultural resources, improve transportation and reduce air emissions for direct benefit to the community. Examples of V2K mitigation measures are:

• A Port of Oakland Ballast Water Regulation and support of other activities that target ballast water discharge in San Francisco Bay;
• Measures to protect least tern, herring and other native wildlife species;
• Documentation of the area's history and preservation of historic structures such as the Inner Harbor north training wall;
• The 30 acre Middle Harbor Shoreline Park and improved bicycle and pedestrian access.

The Port received great attention for its $8.9 million Air Quality Mitigation Program. As part of the program, the Port will:

• Subsidize the work to repower and retrofit local transit buses;
• Implement grant programs for repowering and retrofitting more than 360 pieces of cargo handling equipment in all terminal yards as well as locally owned and operated trucks. Projects will include the replacement of older diesel engines and the installation of advanced emission control technologies such as diesel oxidation catalysts and diesel particulate filters;
• Retrofit a tugboat with cleaner engines.

Port of Oakland Benefiting the Environment
The Port of Oakland is committed to environmental preservation of the shallow bay and shoreline habitats. Over the past several years, the Port has developed numerous projects that demonstrate our dedication to addressing environmental issues.

Specific Ballast Water Initiatives

• Port adoption of an ordinance requiring oceanic ballast water exchange for ships using the Port of Oakland, which became a model for later California legislation extending the requirement statewide;
• Support for national and international ballast water regulation;
• Joint financing with the U.S. Fish & Wildlife Service program of a State Lands Commission pilot on-board ballast water treatment project;
• Management of a California Association of Port Authorities study of the feasibility of on-shore ballast water treatment;
• Joint sponsorship of a workshop with the San Francisco Regional Water Quality Control Board to coordinate advances in Ballast Water Management; and
• Funding for a study by the Smithsonian Environmental Research Center of the efficacy of oceanic ballast water exchange in San Francisco Bay and potential effects of ballast water discharges and hull fouling on threatened and endangered salmonid species.

Other Examples of the Port's Commitment to the Environment
The following projects are illustrations of other initiatives by the Port of Oakland that address environmental issues:

Vision 2000 Program
The Vision 2000 Program is restoring an old Navy Base harbor as an underwater wildlife enhancement area and is constructing a large park with water access. By designing environmental cleanups into the current Maritime Development Program, the Port is eliminating hazardous materials found in the soil from previous industrial and military uses.

Middle Harbor Enhancement Area. The Port of Oakland will create a 30+-acre park, entitled Middle Harbor Shoreline Park, from a former naval ship basin. In addition, agencies, community representatives and scientists worked together to design the habitat restoration for the 180-acre water area of the harbor and the integration of the park with the habitat. This project will become an ecological reserve of shallow bay and shoreline providing habitat for many species, such as Dungeness crab, flatfish, anchovy, herring, and perch, to live and feed in these shallow areas.

Port View Park. The Port View Park was greatly expanded and reopened in 1995 following extensive redesign and reconstruction because of damage suffered during the 1989 Loma Prieta earthquake. This park offers spectacular views of San Francisco Bay, the San Francisco skyline and Port of Oakland maritime operations at the Seventh Street Terminal. The park encompasses 4.5-acres of public access with areas for fishing, strolling, picnicking and special events.

Martin Luther King Jr. Regional Shoreline Wetland Restoration Park
The Port donated the land (71.5 acres), managed, funded, designed and constructed this wetland restoration project. In addition, the Port contributed more than $650,000 to the East Bay Regional Park District to cover long term monitoring and maintenance of the restoration project.

The site offers magnificent views of the tidal lands with their plants and wildlife, and hiking and bicycle trails.

Sonoma Baylands
This project is a 320-acre tidal wetland restoration project in Sonoma County that was constructed by using a portion of the dredged material excavated as part of the Oakland Harbor -42 ft. dredging project.

Hamilton Airforce Base
The Port has been a strong advocate, along with the U.S. Army Corp of Engineers, in efforts to secure appropriations for achieving 100% beneficial re-use of dredged material. This federally authorized project will restore wetlands at the site with the use of dredged materials from the -50 ft. dredging project.

Dioxin Task Force
The Port contributes $10,000 annually to the task force, coordinated through the Association of Bay Area Governments (ABAG), and participates as subject matter experts. The goal of the task force is to identify measures to reduce dioxin emissions in the environment. The Port has implemented the use of bleach-free paper products as a result.

Fisco
The Port of Oakland coordinated environmental clean up and conversion of the former Naval Fleet Industrial Supply Center, Oakland. Nearly all of the materials from the deconstruction of the former Navy buildings have been recycled.

Storm Water Pollution Prevention
The Port developed and implemented a storm water pollution prevention group to monitor programs for Port facilities and maritime and airport tenants. These programs are aggressively policed and extend beyond the minimum requirements imposed by current law and regulation.

The Port of Oakland remains committed to its leadership role as a responsible partner in its stewardship of the Bay and the surrounding shoreline.

Contact:
Harold Jones
Communications Director
(510) 627-1564
hjones@portoakland.com