AB 763, as amended, Buchanan. Aquatic invasive 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, local, and federal agencies in identifying, detecting, controlling, and administering programs to manage invasive aquatic 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 upon concurrence from the Department of Fish and Wildlife 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.
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 authority over the control of invasive aquatic plants, to determine which species of those plants should be given the highest priority for management and to determine the best control,begin delete andend deletebegin insert
and,end insert 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 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.
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 species to determine whether the plant species presents a threat to the 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, as authorized under the bill. The bill would also define the term “invasive aquatic 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:
The Legislature finds and declares all of the
2following:
3(a) The spread of invasive aquatic plants is a continuing problem
4in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun
5Marsh.
P3 1(b) Invasive aquatic plants
impact the Sacramento-San Joaquin
2Delta, its tributaries, and the Suisun Marsh by creating navigational
3obstructions and hazards for boats and other watercraft; impairing
4recreational activities such as swimming, fishing, and hunting;
5damaging water supply infrastructure and flood protection systems;
6altering water quality; and degrading the physical and chemical
7characteristics of fish and wildlife habitat.
8(c) Coordinated, early-stage response to introductions of invasive
9aquatic plants is critical to long-term control and management of
10those invasive species to protect the state’s environment, economy,
11and human health from harmful impacts of those invasive species.
12(d) Authorizing the Department of Boating and Waterways to
13cooperate with other state,
federal, and local agencies in the
14identification and management of invasive aquatic plants in-lieu
15of requiring that the department undertake legislative action each
16time a new species of invasive aquatic plant is identified, would
17enable the state to manage and
control invasive aquatic plants in
18the Sacramento-San Joaquin Delta, its tributaries, and the Suisun
19Marsh in a more cost-efficient and effective manner than is
20currently implemented.
Section 48.5 is added to the Fish and Game Code, to
22read:
“Invasive aquatic plant” means an aquatic plant or alga,
24including its seeds, fragments, and other biological materials
25capable of propagating that plant or alga, that is usually not native
26to an area, and whose establishment and spread causes or is likely
27to cause harm to native species and their habitat; the economy,
28including the viability of commercial, agricultural, aquacultural,
29or recreational activities; and human health. Aquatic plants shall
30be determined to be invasive through the risk assessment required
31to be completed by the department in consultation with the
32Department of Boating and Waterways and other state, local, and
33federal agencies pursuant to subdivision (c) of Section 64.5 of the
34Harbors and Navigation Code.
Section 64.5 is added to the Harbors and Navigation
36Code, to read:
(a) The department is designated as the lead agency of
38the state for the purpose of cooperating with other state, local, and
39federal agencies in identifying, detecting, controlling, and
40administering programs to manage invasive aquatic plants in the
P4 1Sacramento-San Joaquin Delta, its tributaries, and the Suisun
2Marsh. The department, in consultation with appropriate state,
3local, and federal agencies, may take such action it determines is
4necessary, upon concurrence from the Department of Fish and
5Wildlife following the completion of the risk assessment described
6in subdivision (c), to implement control and, when feasible,
7eradication measures for invasive aquaticbegin delete plants.end deletebegin insert
plants.end insert
Any
8actions taken to control invasive aquatic plants shall be in
9compliance with all applicable laws and regulations and conducted
10in an environmentally sound manner.
11(b) The department shall regularly consult with the United States
12Department of Agriculture, the United States Fish and Wildlife
13Service, the National Oceanic and Atmospheric Administration,
14the University of California, and other members of the scientific
15and research communities, as well as other state agencies with
16
authority over the control of invasive aquatic plants to determine
17which species of those plants should be given the highest priority
18for management and determine the best control and, when feasible,
19eradication measures.
20(c) (1) After consulting with the various entities as required in
21subdivision (b), if the department identifies a species of invasive
22aquatic plant that may need to be
controlled or eradicated, the
23department shall notify the Department of Fish and Wildlife of the
24potential threat from that plant species. After receipt of that notice,
25the Department of Fish and Wildlife, in consultation with other
26appropriate local, state, and federal agencies, including, but not
27limited to, the Department of Food and Agriculture, the Department
28of Water Resources, the State Water Resources Control Board,
29the Department of Pesticide Regulation, and the Office of
30Environmental Health Hazard Assessment, shall conduct a risk
31assessment of the invasive aquaticbegin delete plantspeciesend deletebegin insert plant speciesend insert
32
identified by the department to determine whether the plant species
33presents a threat to the environment, economy, or human health.
34In making that determination, the department shall take prompt
35action to minimize detrimental impacts and costs of management,
36and shall consider all of the following:
37(A) Whether the invasive aquatic plant species may obstruct
38navigation and recreational uses of waterways.
39(A)
end delete
P5 1begin insert(end insertbegin insertB)end insert Whether the invasive aquatic plant species may cause
2environmental damage, including threats to the health and stability
3of fisheries,
impairment to birds’ access to waterways and nesting,
4roosting, and foraging areas, deterioration of water quality resulting
5from plant decay, and harm to native plants.
6(B)
end delete
7begin insert(end insertbegin insertC)end insert Whether the invasive aquatic plant species may cause harm
8to the state’s economy, infrastructure, or manmade facilities such
9as state water storage facilities and pumping operations, by
10increasing flood risk, threatening water supplies by blocking
11pumps, canals, and dams necessitating early control
efforts.
12(C) Whether the invasive aquatic plant
species may obstruct
13navigation and recreational uses of waterways.
14(2) Based on factors specified in subparagraphs (A), (B), and
15(C) of paragraph (1) and any other environmental, economic, or
16human health impacts, the risk assessment shall specify whether
17the plant species under consideration has been determined to be
18an invasive aquatic plantbegin deleteend delete
19be documented in a way that clearly describes the severity and
20types of impacts caused by a plant species determined to be an
21invasive aquatic plant.
22(3) After completing the risk assessment required by paragraph
23(1), the Department of Fish and Wildlife shall report its findings
24to
the department so that the department may take any necessary
25action to control and, when feasible, eradicate an invasive aquatic
26plant, as authorized under subdivision (a).
27(d) For purposes of this section, “invasive aquatic plant” means
28an aquatic plant or alga, including its seeds, fragments, and other
29biological materials capable of propagating that plant or alga, that
30is usually not native to an area, and whose establishment and spread
31causes or is likely to cause harm to native species and their habitat;
32the economy, including the viability of commercial, agricultural,
33aquacultural, or recreational activities; and human health. Aquatic
34plants shall be determined to be invasive through the risk
35assessment required to be completed by the Department of Fish
36and Wildlife in consultation with thebegin delete Department of Boating and begin insert
departmentend insert and other state, local, and federal agencies
37Waterwaysend delete
38pursuant to subdivision (c).
39(e) This sectionbegin delete does not require the department to attempt begin insert shall not be construed to imply thatend insert water hyacinth
40eradication ofend delete
P6 1(Eichhornia crassipes) or Brazilian elodea (Egeria densa)begin insert can be
2successfully eradicatedend insert.begin insert However, control of these populations
3shall be attempted pursuant to Section 64.end insert Eradication of South
4American spongeplant (Limnobium laevigatum)
populations shall
5be attempted when detected to the extent feasible.
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