Amended in Senate July 2, 2013

Amended in Senate June 17, 2013

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 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.

LEGISLATIVE COUNSEL’S DIGEST

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, and, when feasible, eradication measures. The bill would also require the department, after consulting with those entities, if it identifies a species of begin delete invasive end delete aquatic plant that may need to be controlled or eradicated, to notify the Department of Fish and Wildlife of the potential threat from that begin delete invasive end delete 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 begin delete invasive end delete 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. begin insert The bill would require the risk assessment to specify whether the aquatic plant under consideration has been determined to be an invasive aquatic plant. end insert The bill would require the Department of Fish and Wildlife, begin insert within 30 days end insert 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:

SECTION 1.  

The Legislature finds and declares all of the
following:

(a) The spread of invasive aquatic plants is a continuing problem
in the Sacramento-San Joaquin Delta, its tributaries, and the Suisun
Marsh.

(b) Invasive aquatic plants 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.

(c) Coordinated, early-stage response to introductions of invasive
aquatic plants is critical to long-term control and management of
those invasive species to protect the state’s 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 in-lieu
of requiring that the department undertake legislative action each
time a new species of invasive aquatic plant is identified, would
enable the state to manage and control invasive aquatic plants in
the Sacramento-San Joaquin Delta, its tributaries, and the Suisun
Marsh in a more cost-efficient and effective manner than is
currently implemented.

SEC. 2.  

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

48.5.  

begin insert (a) end insert begin insert   end insert begin insert (1) end insert begin insert   end insert “Invasive aquatic plant” means an aquatic plant
or begin delete alga end delete begin insert algae species end insert , including its seeds, fragments, and other
biological materials capable of begin delete propagating end delete begin insert propagating, end insert that begin delete plant
or alga, that is usually not native to an area, and whose
establishment end delete begin insert meets the following criteria: end insert

begin insert

(A) It is nonnative to an area.

end insert

begin insert (B) end insert begin insert   end insert begin insert Its establishment end insert and spread causes or is likely to cause
harm to begin delete native end delete begin insert any of the following: end insert

begin insert ( end insert begin insert i) end insert begin insert   end insert begin insert Native end insert species and their begin delete habitat; the end delete begin insert habitat. end insert

begin insert (ii) end insert begin insert   end insert begin insert The end insert economy, including the viability of commercial,
agricultural, aquacultural, or recreational begin delete activities; and human end delete
begin insert activities. end insert

begin insert (iii) end insert begin insert   end insert begin insert Human end insert health. begin delete Aquatic end delete

begin insert (2) end insert begin insert   end insert begin insert For purposes of this section, “invasive” denotes the
uncontrolled or unintended spread of the species into a nonnative
environment. end insert

begin insert (b) end insert begin insert   end insert begin insert Aquatic end insert 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.

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, local, and
federal agencies in identifying, detecting, controlling, and
administering programs to manage invasive aquatic 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, upon concurrence from the Department of Fish and
Wildlife following the completion of the risk assessment described
in subdivision (c), to implement control and, when feasible,
eradication measures for invasive aquatic plants. Any actions taken
to control invasive aquatic 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
authority over the control of invasive aquatic plants to determine
which species of those plants should be given the highest priority
for management and determine the best control 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 begin delete invasive end delete
aquatic plant that may need to be controlled or eradicated, 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 begin delete invasive end delete aquatic plant species identified by the
department to determine whether the plant species presents a threat
to the 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:

begin delete

(A) Whether the invasive aquatic plant species may obstruct
navigation and recreational uses of waterways.

end delete begin delete

(B)

end delete

begin insert ( end insert begin insert A) end insert  Whether the begin delete invasive end delete aquatic plant species may cause
environmental damage, including threats to the health and stability
of fisheries, 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.

begin insert

(B) Whether the aquatic plant species may obstruct navigation
and recreational uses of waterways.

end insert

(C) Whether the begin delete invasive end delete aquatic 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.

(2) Based on factors specified in subparagraphs (A), (B), and
(C) of paragraph (1) and any other 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. Findings from the risk assessment shall
be documented in a way that clearly describes the severity and
types of impacts caused by a plant species determined to be an
invasive aquatic plant.

(3)  begin delete After end delete begin insert Within 30 days after end insert 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, as authorized under subdivision
(a).

(d)  begin insert (1) end insert begin insert   end insert For purposes of this section, “invasive aquatic plant”
means an aquatic plant or begin delete alga end delete begin insert algae species end insert , including its seeds,
fragments, and other biological materials capable of begin delete propagating end delete
begin insert propagating, end insert that begin delete plant or alga, that is usually not native to an area,
and whose establishment end delete begin insert meets the following criteria: end insert

begin insert

(A) It is nonnative to an area.

end insert

begin insert ( end insert begin insert B) end insert begin insert   end insert begin insert Its establishment end insert and spread causes or is likely to cause
harm to begin delete native end delete begin insert end insert begin insert any of the following: end insert

begin insert ( end insert begin insert i) end insert begin insert   end insert begin insert Native end insert species and their begin delete habitat; the end delete begin insert habitat. end insert

begin insert (ii) end insert begin insert   end insert begin insert The end insert economy, including the viability of commercial,
agricultural, aquacultural, or recreational begin delete activities; and human end delete
begin insert activities. end insert

begin insert (iii) end insert begin insert   end insert begin insert Human end insert health. begin delete Aquatic end delete

begin insert (2) end insert begin insert   end insert begin insert For purposes of this section, “invasive” denotes the
uncontrolled or unintended spread of the species into a nonnative
environment. end insert

begin insert (e) end insert begin insert   end insert begin insert Aquatic end insert 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 and other
state, local, and federal agencies pursuant to subdivision (c).

begin delete

(e)

end delete

begin insert (f) end insert  This section shall not be construed to imply that water
hyacinth (Eichhornia crassipes) or Brazilian elodea (Egeria densa)
can be successfully eradicated. However, control of these
populations shall be attempted pursuant to Section 64. Eradication
of South American spongeplant (Limnobium laevigatum)
populations shall be attempted when detected to the extent feasible.