Amended in Assembly May 29, 2013

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 begin delete Sections 17.5 and end delete begin insert Section end insert 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 begin delete and other aquatic pest plants end delete .

LEGISLATIVE COUNSEL’S DIGEST

AB 763, as amended, Buchanan. Aquatic invasive begin delete plants and other aquatic pest end delete 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 begin delete state and local public agencies and with agencies of the United States end delete begin insert state, local, and federal agencies end insert in identifying, detecting, controlling, and administering programs to manage begin delete and, when feasible, eradicate end delete invasive aquatic plants begin delete and other aquatic pest plants end delete , 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 begin delete after the end delete begin insert upon concurrence from the end insert Department of Fish and Wildlife begin delete concurs upon end delete begin insert following the end insert 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 begin delete plants and other aquatic pest end delete 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 begin delete jurisdiction end delete begin insert authority end insert over the control of invasive aquatic begin delete plants and aquatic pest end delete plants, to determine which species of those plants should be given the highest priority for begin delete treatment, end delete begin insert management and to end insert determine the best begin delete control measures, and determine any feasible eradication end delete begin insert control, and when feasible, eradication end insert measures. The bill would also require the department, after consulting with those entities, if it identifies a species of invasive aquatic plant begin delete or other aquatic pest plant end delete that may need to be controlled begin insert or eradicated end insert , to notify the Department of Fish and Wildlife of the potential threat from that invasive aquatic plant begin delete or other aquatic pest plant species end delete .

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 begin delete or other aquatic pest plant end delete species to determine whether the plant species presents a threat to the begin delete environment or economy end delete begin insert environment, economy, or human health end insert , 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 begin delete or other aquatic pest plant end delete , as authorized under the bill. The bill would also define the begin delete terms, end delete begin insert term end insert “invasive aquatic begin delete plant,” “invasive species,” and “aquatic pest plant,” end delete begin insert plant end insert begin insert ” end insert 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 begin delete and other aquatic pest
plants has been end delete begin insert is end insert a continuing problem in the Sacramento-San
Joaquin Delta, its tributaries, and the Suisun Marsh.

(b) Invasive aquatic plants begin delete 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 end delete begin insert impact the Sacramento-San Joaquin Delta, its
tributaries, and the Suisun Marsh by creating navigational
obstructions and hazards for boats and other watercraft; impairing
recreational activities such as swimming, fishing, and hunting;
damaging water supply infrastructure and flood protection systems;
altering water quality; and degrading the physical and chemical
characteristics of fish and wildlife habitat end insert .

(c) Coordinated, early-stage begin delete treatment end delete begin insert response to introductions end insert
of invasive aquatic plants begin delete and other aquatic pest plants end delete is critical
begin delete in controlling end delete begin insert to long-term control end insert and begin delete managing end delete begin insert management of end insert
those invasive species to protect the state’s begin delete environment and
prevent harm to California’s tourism business and economy end delete
begin insert environment, economy, and human health from harmful impacts
of those invasive species end insert .

(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 begin delete and other
aquatic pest plants, instead end delete begin insert in-lieu end insert of requiring that the department
undertake legislative action each time begin delete an agency identifies end delete a new
species of invasive aquatic plant begin delete or other aquatic pest plant end delete begin insert is
identified end insert , would enable the state to begin delete more effectively end delete manage and
control invasive aquatic plants begin delete and other aquatic pest plants end delete in the
Sacramento-San Joaquin Delta, begin delete and end delete its tributaries, and the Suisun
Marsh begin insert in a more cost-efficient and effective manner than end insert begin insert is
currently end insert begin insert implemented end insert . begin delete Management actions should include the
control and maintenance of nonproblematic conditions, and
eradication where feasible and cost-effective. end delete

begin delete

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.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

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

48.5.  

begin delete (a) end delete begin delete   end delete “Invasive aquatic plant” means an aquatic plant or
begin delete alga that is introduced into the state waters and is determined to
be an invasive species end delete begin insert alga, including its seeds, fragments, and
other biological materials capable of propagating that plant or
alga, that is usually not native to an area, and whose establishment
and spread causes or is likely to cause harm to native species and
their habitat; the economy, including the viability of commercial,
agricultural, aquacultural, or recreational activities; and human
health. Aquatic plants shall be determined to be invasive end insert through
the risk assessment required to be completed by the department begin insert in
consultation with the Department of Boating and Waterways and
other state, local, and federal agencies end insert pursuant to subdivision (c)
of Section 64.5 of the Harbors and Navigation Code begin delete to be an
invasive species, as defined in subdivision (b) end delete .

begin delete

(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 delete

begin delete SEC. 4. end delete
begin insert SEC. 3. 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 begin delete state and local
public agencies, end delete begin insert state, local, end insert and begin insert federal end insert agencies begin delete of the United
States end delete in identifying, detecting, controlling, and administering
programs to manage begin delete and, when feasible, eradicate end delete invasive aquatic
plants begin delete and other aquatic pest plants end delete 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, begin delete after the end delete begin insert upon
concurrence from the end insert Department of Fish and Wildlife begin delete concurs
upon end delete begin insert following the end insert completion of the risk assessment described in
subdivision (c), to implement control and, when feasible,
eradication measures for invasive aquatic plants begin delete and other aquatic
pest plants end delete . Any actions taken to control invasive aquatic plants
begin delete or aquatic pest plants end delete 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
begin delete jurisdiction end delete begin insert authority end insert over the control of invasive aquatic plants
begin delete and other aquatic pest plants end delete to determine which species of those
plants should be given the highest priority for begin delete treatment, end delete
begin insert management and end insert determine the best control begin delete measures, and
determine any feasible eradication end delete begin insert and, when feasible, eradication end insert
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 delete or other aquatic pest plant end delete that may need to be
controlled begin insert or eradicated end insert , begin delete it end delete begin insert the department end insert 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, the Department
of Food and Agriculture, 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 begin delete or other aquatic pest plant end delete species identified by the department
to determine whether the plant species presents a threat to the
begin delete environment or economy end delete begin insert environment, economy, or human health end insert .
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 begin delete or other aquatic
pest plant end delete may cause environmental damage, including threats to
the health and stability of fisheries, begin delete damage to migratory and other end delete
begin insert impairment to end insert birds’ access to waterways and nesting begin insert , roosting,
and foraging end insert areas, deterioration of water quality resulting from
plant decay, and harm to native plants.

(B) Whether the invasive aquatic plant begin delete or other aquatic pest
plant end delete 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 begin delete or other aquatic pest
plant end delete 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 begin delete environmental or economic end delete
begin insert environmental, economic, or human health end insert impacts, the risk
assessment shall specify whether the plant species under
consideration has been determined to be an invasive aquatic plant
begin delete or other aquatic pest plant, or neither of those types of plants end delete .
Findings from the risk assessment shall be documented in a way
that begin delete makes clear end delete begin insert clearly describes end insert the severity and types of impacts
caused by a plant species determined to be an invasive aquatic
plant begin delete or other aquatic pest plant end delete .

(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 begin delete control, and end delete begin insert control and, end insert when feasible, eradicate an
invasive aquatic plant begin delete or other aquatic pest plant end delete , as authorized
under subdivision (a).

(d)  begin delete (1) end delete begin delete   end delete For purposes of this section, “invasive aquatic plant”
means an aquatic plant or begin delete 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) end delete begin insert alga, including its seeds, fragments, and other
biological materials capable of propagating that plant or alga,
that end insert begin insert is usually not native to an area, and whose establishment and
spread causes or is likely to cause harm to native species and their
habitat; the economy, including the viability of commercial,
agricultural, aquacultural, or recreational activities; and human
health end insert . begin insert Aquatic plants shall be determined to be invasive through
the risk assessment required to be completed by the Department
of Fish and Wildlife in consultation with the Department of Boating
and Waterways and other state, local, and federal agencies
pursuant to subdivision (c). end insert

begin delete

(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, 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.

end delete

(e) This section does not require the department to attempt
eradication of begin delete any of the plants specified in Section 64 end delete begin insert water
hyacinth (Eichhornia crassipes) or Brazilian elodea (Egeria
densa) end insert . begin insert Eradication of South American spongeplant (Limnobium
laevigatum) populations shall be attempted when detected to the
extent feasible. end insert