Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 763

Introduced by Assembly Member Buchanan

February 21, 2013

An act to add begin delete Section end delete begin insert Sections 17.5 and 48.5 to the Fish and Game Code, and to add Section end insert 64.5 to the Harbors and Navigation Code, relating to aquatic invasive plants begin insert and other aquatic pest plants end insert .

LEGISLATIVE COUNSEL’S DIGEST

AB 763, as amended, Buchanan. Aquatic invasive plants begin insert and other aquatic pest plants end insert : control and eradication.

Existing law designates the Department of Boating and Waterways as the lead agency of the state for the purpose of cooperating with agencies of the United States and other public agencies in controlling certain invasive plants in the Sacramento-San Joaquin Delta, its tributaries, and the marsh, and authorizes the department to furnish money, services, equipment, and other property for the control of those invasive plants.

This bill would additionally designate the department as the lead agency of the state for the purpose of cooperating with other state and local public agencies and with agencies of the United States in identifying, detecting, controlling, and administering programs to begin delete manage and eradicate end delete begin insert manage and, when feasible, eradicate end insert invasive aquatic plants begin insert and other aquatic pest plants end insert , as defined begin insert , in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh end insert . The bill would authorize the department, in consultation with appropriate state, local, and federal agencies, begin insert and after the Department of Fish and Wildlife concurs upon completion of a specified assessment described in the bill, end insert to take begin delete any end delete begin insert such end insert action it determines is necessary to implement begin delete statewide management and eradication end delete begin insert control and, when feasible, eradication end insert measures for those invasive aquatic plants begin insert and other aquatic pest plants end insert .

This bill would require the department to regularly consult with the United States Department of Agriculture, the United States Fish and Wildlife Service, the National Oceanic and Atmospheric Administration, the University of California, and other members of the scientific and research communities, and other state agencies with jurisdiction over the control of invasive aquatic plants begin insert and aquatic pest plants, end insert to determine which species of those plants should be given the highest priority for treatment, begin delete and end delete begin insert determine end insert the best begin delete methods of implementing identification, end delete control begin insert measures end insert , and begin insert determine any feasible end insert eradication measures. The bill would also require the department, after consulting with those entities, if it identifies a species of invasive aquatic plant begin insert or other aquatic pest plant end insert that may need to be begin delete treated end delete begin insert controlled end insert , to notify the Department of Fish and Wildlife of the potential threat from that begin insert invasive aquatic end insert plant begin insert or other aquatic pest plant end insert species. begin delete The end delete

begin insert The end insert bill would require the Department of Fish and Wildlife, after receipt of that notice, begin insert in consultation with other appropriate local, state, and federal agencies, end insert to conduct a risk assessment of that invasive aquatic plant begin insert or other aquatic pest plant end insert species to determine whether the begin insert plant end insert species presents a threat to the environment or economy begin delete of the state end delete , as determined begin delete by end delete begin insert after end insert consideration of specified factors. The bill would require the Department of Fish and Wildlife, after completing that assessment, to report its findings to the department so that the department may take any necessary action to control begin delete or end delete begin insert and, when feasible, end insert eradicate an invasive aquatic plant begin insert or other aquatic pest plant end insert , as authorized under the bill. begin insert The bill would also define the terms, “invasive aquatic plant,” “invasive species,” and “aquatic pest plant,” for purposes of the Fish and Game Code. end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The spread of begin delete aquatic end delete invasive begin insert aquatic end insert plants begin delete have end delete begin insert and other
aquatic pest plants has end insert been a continuing problem in the
Sacramento-San Joaquin Delta begin delete and in waterwaysand lakes
throughout the state end delete begin insert , its tributaries, and the Suisun Marsh end insert .

(b) Invasive aquatic plants begin insert and other aquatic pest plants can end insert
obstruct navigation begin delete in the state’s waterways end delete and pose a threat to
fisheries and other ecosystems begin insert in the Sacramento-San Joaquin
Delta, its tributaries, and the marsh end insert .

(c) Coordinated, early-stage treatment of invasive aquatic plants
begin insert and other aquatic pest plants end insert is critical in controlling and managing
those invasive species to protect the state’s environment and
prevent harm to California’s tourism business and economy.

(d) Authorizing the Department of Boating and Waterways to
cooperate with other state, federal, and local agencies in the
identification begin delete , end delete begin insert and end insert management begin delete , and eradication end delete of invasive aquatic
plants begin insert and other aquatic pest plants end insert , instead of requiring that the
department undertake legislative action each time an agency
identifies a new species of invasive aquatic plant begin insert or other aquatic
pest plant end insert , would enable the state to more effectively manage and
control invasive aquatic plants begin delete on a statewide basis end delete begin insert and other
aquatic pest plants in the Sacramento-San Joaquin Delta, and its
tributaries, and the Suisun Marsh. Management actions should
include the control and maintenance of nonproblematic conditions,
and eradication where feasible and cost-effective end insert .

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 17.5 is added to the end insert begin insert Fish and Game Code end insert begin insert , to
read: end insert

begin insert

begin insert 17.5. end insert   

“Aquatic pest plant” means a plant or alga that is native
to California that can cause environmental harm.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 48.5 is added to the end insert begin insert Fish and Game Code end insert begin insert , to
read: end insert

begin insert

begin insert 48.5. end insert   

(a) “Invasive aquatic plant” means an aquatic plant or
alga that is introduced into the state waters and is determined to
be an invasive species through the risk assessment required to be
completed by the department pursuant to subdivision (c) of Section
64.5 of the Harbors and Navigation Code to be an invasive species,
as defined in subdivision (b).

(b) “Invasive species” means an organism, that has been
introduced into the state through human activity and that is
injurious, or likely to cause injury to the state’s environment or
economy.

end insert

begin delete SEC. 2. end delete
begin insert SEC. 4. end insert   

Section 64.5 is added to the Harbors and Navigation
Code, to read:

64.5.  

(a) The department is designated as the lead agency of
the state for the purpose of cooperating with other state and local
public agencies, and agencies of the United States in identifying,
detecting, controlling, and administering programs to begin delete manage and
eradicate end delete begin insert manage and, when feasible, eradicate end insert invasive aquatic
plants begin insert and other aquatic pest plants in the Sacramento-San Joaquin
Delta, its tributaries, and the Suisun Marsh end insert . The department, in
consultation with appropriate state, local, and federal agencies,
may take begin delete any end delete begin insert such end insert action it determines is necessary begin insert , after the
Department of Fish and Wildlife concurs upon completion of the
risk assessment described in subdivision (c), end insert to implement
begin delete statewide end delete control begin delete and eradication end delete begin insert and, when feasible, eradication end insert
measures for invasive aquatic plants begin insert and other aquatic pest plants end insert .
begin insert Any actions taken to control invasive aquatic plants or aquatic
pest plants shall be in compliance with all applicable laws and
regulations and conducted in an environmentally sound manner. end insert

(b) The department shall regularly consult with the United States
Department of Agriculture, the United States Fish and Wildlife
Service, the National Oceanic and Atmospheric Administration,
the University of California, and other members of the scientific
and research communities, as well as other state agencies with
jurisdiction over the control of invasive aquatic plants begin insert and other
aquatic pest plants end insert to determine which species of those plants
should be given the highest priority for treatment, begin delete and end delete begin insert determine end insert
the best begin delete methods of implementing identification, end delete control begin insert measures end insert ,
and begin insert determine any feasible end insert eradication measures.

(c) (1) After consulting with the various entities as required in
subdivision (b), if the department identifies a species of invasive
aquatic plant begin insert or other aquatic pest plant end insert that may need to be begin delete treated end delete
begin insert controlled end insert , it shall notify the Department of Fish and Wildlife of
the potential threat from that plant species. After receipt of that
notice, the Department of Fish and Wildlife begin insert , in consultation with
other appropriate local, state, and federal agencies, including,
but not limited to, the Department of Water Resources, the State
Water Resources Control Board, the Department of Pesticide
Regulation, and the Office of Environmental Health Hazard
Assessment, end insert shall conduct a risk assessment of the invasive aquatic
plant begin insert or other aquatic pest plant end insert species identified by the
department to determine whether the begin insert plant end insert species presents a threat
to the environment or begin delete economy of the state. end delete begin insert economy. end insert In making
that determination, the department shall begin insert take prompt action to
minimize detrimental impacts and costs of management, and shall end insert
consider all of the following:

(A) Whether the invasive aquatic plant species begin insert or other aquatic
pest plant end insert may cause environmental damage, including threats to
the health and stability of fisheries, damage to migratory and other
birds’ access to waterways and nesting areas, deterioration of water
quality resulting from plant decay, and harm to native plants.

(B) Whether the invasive aquatic plant begin delete species end delete begin insert or other aquatic
pest plant species end insert may cause harm to the state’s economy begin delete or end delete begin insert , end insert
infrastructure begin insert , or manmade facilities such as state water storage
facilities and pumping operations, end insert by increasing flood risk,
threatening water supplies by blocking pumps, canals, and dams
necessitating early begin delete treatment end delete begin insert control end insert efforts.

(C) Whether the invasive aquatic plant begin insert or other aquatic pest
plant end insert species may obstruct navigation and recreational uses of
waterways begin delete , and cause potential harm to manmade facilities,
including state water pumping operations end delete .

begin insert

(2) Based on factors specified in subparagraphs (A), (B), and
(C) of paragraph (1) and any other environmental or economic
impacts, the risk assessment shall specify whether the plant species
under consideration has been determined to be an invasive aquatic
plant or other aquatic pest plant, or neither of those types of plants.
Findings from the risk assessment shall be documented in a way
that makes clear the severity and types of impacts caused by a
plant species determined to be an invasive aquatic plant or other
aquatic pest plant.

end insert begin delete

(2)

end delete

begin insert (3) end insert  After completing the risk assessment begin delete of aquatic invasive
plants end delete required by paragraph (1), the Department of Fish and
Wildlife shall report its findings to the department so that the
department may take any necessary action to control begin delete or eradicate
an end delete begin insert , and when feasible, end insert begin insert eradicate an end insert invasive aquatic plant begin insert or other
aquatic pest plant end insert , as authorized under subdivision (a).

(d) (1) For purposes of this section, “invasive aquatic plant”
means an aquatic plant or alga that is introduced into the state
waters and is determined begin insert through the risk assessment completed
pursuant to subdivision (c) end insert to be an invasive species begin delete because it is
known to be or likely to be injurious or harmful to wetland habitats
or waters of California such as rivers, streams, lakes, reservoirs,
irrigation systems, and flood control systems end delete begin insert , as defined in
paragraph (2) end insert .

(2) For purposes of this section, “invasive begin insert species end insert ” means an
organism begin delete , including a species of plant, end delete that has been introduced
into the state through human activity and that is injurious, or likely
to cause injury to the state’s environment or economy.

begin insert

(3) For the purposes of this section, an “aquatic pest plant”
means a plant or alga that is native to California that can cause
environmental harm.

end insert begin insert

(e) This section does not require the department to attempt
eradication of any of the plants specified in Section 64.

end insert