Amended in Assembly April 10, 2013

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 Sections 17.5 and 48.5 to the Fish and Game Code, and to add Section 64.5 to the Harbors and Navigation Code, relating to aquatic invasive plants and other aquatic pest plants.

LEGISLATIVE COUNSEL’S DIGEST

AB 763, as amended, Buchanan. Aquatic invasive plants and other aquatic pest plants: 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 manage and, when feasible, eradicate invasive aquatic plants and other aquatic pest plants, as defined, in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh. The bill would authorize the department, in consultation with appropriate state, local, and federal agencies, and after the Department of Fish and Wildlife concurs upon completion of a specified assessment described in the bill, to take such action it determines is necessary to implement control and, when feasible, eradication measures for those invasive aquatic plants and other aquatic pest plants.

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 and aquatic pest plants, to determine which species of those plants should be given the highest priority for treatment, determine the best control measures, and determine any feasible eradication measures. The bill would also require the department, after consulting with those entities, if it identifies a species of invasive aquatic plant or other aquatic pest plant that may need to be controlled, to notify the Department of Fish and Wildlife of the potential threat from that invasive aquatic plant or other aquatic pest plant species.

The bill would require the Department of Fish and Wildlife, after receipt of that notice, in consultation with other appropriate local, state, and federal agencies, to conduct a risk assessment of that invasive aquatic plant or other aquatic pest plant species to determine whether the plant species presents a threat to the environment or economy, as determined after 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 and, when feasible, eradicate an invasive aquatic plant or other aquatic pest plant, as authorized under the bill. The bill would also define the terms, “invasive aquatic plant,” “invasive species,” and “aquatic pest plant,” for purposes of the Fish and Game Code.

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 invasive aquatic plants and other aquatic pest
plants has been a continuing problem in the Sacramento-San
Joaquin Delta, its tributaries, and the Suisun Marsh.

(b) Invasive aquatic plants and other aquatic pest plants can
obstruct navigation and pose a threat to fisheries and other
ecosystems in the Sacramento-San Joaquin Delta, its tributaries,
and the marsh.

(c) Coordinated, early-stage treatment of invasive aquatic plants
and other aquatic pest plants 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 and management of invasive aquatic plants and other
aquatic pest plants, instead of requiring that the department
undertake legislative action each time an agency identifies a new
species of invasive aquatic plant or other aquatic pest plant, would
enable the state to more effectively manage and control invasive
aquatic plants 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.

SEC. 2.  

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

17.5.  

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

SEC. 3.  

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

48.5.  

(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 begin delete , end delete that has been
introduced into the state through human activity and that is
injurious, or likely to cause injury begin insert , end insert to the state’s environment or
economy.

SEC. 4.  

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 manage and,
when feasible, eradicate invasive aquatic plants and other aquatic
pest plants in the Sacramento-San Joaquin Delta, its tributaries,
and the Suisun Marsh. The department, in consultation with
appropriate state, local, and federal agencies, may take such action
it determines is necessary, after the Department of Fish and
Wildlife concurs upon completion of the risk assessment described
in subdivision (c), to implement control and, when feasible,
eradication measures for invasive aquatic plants and other aquatic
pest plants. 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.

(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 and other
aquatic pest plants to determine which species of those plants
should be given the highest priority for treatment, determine the
best control measures, and determine any feasible 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 or other aquatic pest plant that may need to be
controlled, 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, in consultation with
other appropriate local, state, and federal agencies, including, but
not limited to, begin insert the Department of Food and Agriculture, end insert the
Department of Water Resources, the State Water Resources Control
Board, the Department of Pesticide Regulation, and the Office of
Environmental Health Hazard Assessment, shall conduct a risk
assessment of the invasive aquatic plant or other aquatic pest plant
species identified by the department to determine whether the plant
species presents a threat to the environment or economy. In making
that determination, the department shall take prompt action to
minimize detrimental impacts and costs of management, and shall
consider all of the following:

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

(C) Whether the invasive aquatic plant or other aquatic pest
plant species may obstruct navigation and recreational uses of
waterways.

(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.

(3) After completing the risk assessment 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, and when feasible, eradicate an invasive aquatic
plant or other aquatic pest plant, 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 through the risk assessment completed
pursuant to subdivision (c) to be an invasive species, as defined
in paragraph (2).

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

(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.

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