BILL NUMBER: AB 763 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 29, 2013
AMENDED IN ASSEMBLY APRIL 10, 2013
AMENDED IN ASSEMBLY MARCH 18, 2013
INTRODUCED BY Assembly Member Buchanan
FEBRUARY 21, 2013
An act to add Sections 17.5 and Section
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 state, local, and federal agencies
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 upon concurrence from the
Department of Fish and Wildlife concurs upon
following the 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 authority 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,
management and to determine the best control measures,
and determine any feasible eradication control, and
when 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 or
eradicated , 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 environment,
economy, or human health , 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,
term "invasive aquatic plant,"
"invasive species," and "aquatic pest plant," 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 is 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 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 chemic
al characteristics of fish and wildlife habitat .
(c) Coordinated, early-stage treatment
response to introductions of invasive aquatic plants
and other aquatic pest plants is critical in
controlling to long-term control and
managing management of those invasive species to
protect the state's environment and prevent harm to
California's tourism business and economy environment,
economy, and human health from harmful impacts of those invasive
species .
(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 in-lieu 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 is
identified , 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 in a more cost-efficient and effective manner than
is currently implemented .
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. SEC. 2. 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
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
through the risk assessment required to be completed by the
department in consultation with the Department of Boating and
Waterways and other state, local, and federal agencies 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.
SEC. 4. SEC. 3. 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, state, local, and
federal 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 upon concurrence from
the Department of Fish and Wildlife concurs upon
following the 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 authority 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,
management and determine the best control measures,
and determine any feasible eradication and, when
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 or eradicated , it
the department 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 or other
aquatic pest plant species identified by the department to
determine whether the plant species presents a threat to the
environment or economy environment, economy, or human
health . 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 impairment to
birds' access to waterways and nesting , roosting, and foraging
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
environmental, economic, or human health
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 clearly
describes 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 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)
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
thr ough 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).
(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.
(e) This section does not require the department to attempt
eradication of any of the plants specified in Section 64
water hyacinth (Eichhornia crassipes) or Brazilian
elodea (Egeria densa) . Eradication of South American
spongeplant (Limnobium laevigatum) populations shall be
attempted when detected to the extent feasible.