BILL NUMBER: SB 1251 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 9, 2012
INTRODUCED BY Senator Evans
FEBRUARY 23, 2012
An act relating to invasive aquatic species
to add Section 35626 to the Public Resources Code, relating to
coastal resources .
LEGISLATIVE COUNSEL'S DIGEST
SB 1251, as amended, Evans. Invasive aquatic species:
quagga mussels. Ocean Protection Council: Aquatic
Invasive Species Working Group.
Existing law establishes the Ocean Protection Council, and
prescribes the membership and functions and duties of the council.
Existing law requires the council, among other things, to coordinate
activities of state agencies that are related to the protection and
conservation of coastal waters and ocean ecosystems to improve the
effectiveness of state efforts to protect ocean resources within
existing fiscal limitations. Existing law also establishes the
Wildlife Conservation Board, and prescribes its functions and duties
with regard to land preservation and species protection and control.
This bill would require the council and the board, upon
appropriation of funding by the Legislature, to jointly establish an
Aquatic Invasive Species Working Group for the development and
implementation of an aquatic invasive species control program,
comprised of specified members appointed by the Secretary of the
Natural Resources Agency. The bill would prescribe the functions and
duties of the working group with regard to the management of aquatic
invasive species within different regions of the state. The bill
would require the working group, no later than January 1, 2014, to
prepare and submit to the Legislature a report containing
recommendations for future legislation pertaining to the management
of aquatic invasive species in the state.
Existing law, until January 1, 2017, generally prohibits a person
from possessing, importing, shipping, or transporting, in the state,
or from placing, planting, or causing to be placed or planted in any
water within the state, dreissenid mussels, including, but not
limited to, quagga mussels, and authorizes the Director of Fish and
Game or his or her designee to engage in various enforcement
activities.
This bill would state the intent of the Legislature to enact
legislation to require the Department of Fish and Game to develop a
new statewide quagga mussel prevention and management plan dependent
on criteria, including, but not limited to, inspection protocols and
the tracking of vessels.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 35626 is added to the
Public Resources Code , to read:
35626. (a) (1) The council and the Wildlife Conservation Board
shall make a grant, upon appropriation of funding by the Legislature,
to jointly establish an Aquatic Invasive Species Working Group for
the development and implementation of an aquatic invasive species
control program. The working group shall be comprised of the
following members, who shall be appointed by the Secretary of the
Natural Resources Agency:
(A) One member representing county agricultural commissioners.
(B) One member representing California horticultural invasive
species prevention groups.
(C) One member representing the California Invasive Plant Council.
(D) One member representing the Western Aquatic Plant Management
Society.
(E) One member representing the aquarium trade.
(F) One member representing aquaculture.
(G) Two members representing marinas in the state, with one member
representing marine water marinas, and the other member representing
freshwater marinas.
(H) Two members representing commercial shipping interests, with
one member representing northern California shipping, and one member
representing southern California shipping.
(I) Two members representing recreational boating interests, with
one member representing marine water boating, and one member
representing freshwater boating.
(J) Two members representing harbors and ports, with one member
representing small ports, and one member representing large ports.
(K) Two members representing southern California counties.
(L) Two members representing northern California counties.
(M) Two members representing environmental organizations.
(N) Two members representing public water agencies.
(O) Two members representing recreational fishing interests.
(P) Two members representing commercial fishing interests.
(Q) One Member representing the California Ocean Science Trust.
(2) Each of the members appointed pursuant to paragraph (1) shall
designate an alternate member to serve in his or her place when the
member is unavailable.
(b) The working group shall collaborate with the California
Agencies Aquatic Invasive Species Team (CAAIST). CAAIST shall be
available to assist the working group in an advisory capacity. The
working group and CAAIST shall regularly communicate and exchange
information, and the working group shall notify CAAIST of the date,
time, place, and agenda of its scheduled meetings.
(c) The working group shall utilize a science panel, comprised of
three to six members with expertise in aquatic invasive species, at
least one of whom shall be a representative of the University of
California. The members of the science panel shall be appointed by
the Secretary of the Natural Resources Agency, and the panel shall
serve in an advisory capacity to the working group. The working group
shall notify the members of the science panel of the date, time,
place, and agenda of its scheduled meetings.
(d) The working group shall do all of the following:
(1) Convene participants of the working group, gather and analyze
relevant data pertaining to invasive species, develop an action plan
for the working group, and implement procedures to carry out the
action plan.
(2) (A) No later than January 1, 2014, the working group shall
prepare and submit to the Legislature, pursuant to Section 9795 of
the Government Code, a report containing recommendations for future
legislation pertaining to the management of aquatic invasive species
in the state. The report shall also be distributed to public agencies
and stakeholder groups, the Invasive Species Council of California,
and the California Invasive Species Advisory Committee. The goal of
the report is to develop a well-funded, comprehensive, statewide
approach to the management and control of aquatic invasive species,
and to facilitate leadership, collaboration, and coordination among
state departments and offices, local governments, and various
stakeholders that emphasize aquatic invasive species education and
outreach, early detection and monitoring, rapid response, control,
and eradication.
(B) Pursuant to Section 10231.5 of the Government Code, this
paragraph is inoperative on January 1, 2018.
(3) The working group shall give priority and recommend actions to
implement programs intended to control aquatic invasive species
through prevention, early detection, control, and eradication. The
working group shall recommend the top aquatic invasive species
threats for the purpose of allocating state resources to control
those species. The working group shall recommend funding sources for
a comprehensive statewide control program, and shall recommend ways
to eliminate duplication among state agencies working on aquatic
invasive species control.
(4) In carrying out its duties, the working group shall utilize
specified documents pertaining to aquatic invasive species control,
including, but not limited to, the Aquatic Invasive Species Rapid
Response Plan, the California Aquatic Invasive Species Management
Plan of 2008, Stopping the Spread: A Strategic Framework for
Protecting California from Invasive Species, and any updates of these
plans or documents.
(e) The working group may establish subcommittees from the working
group membership to focus on issues specific to different species of
aquatic invasive species or to particular regions of the state. The
subcommittees shall report their recommendations, if any, to the
working group as a whole.
(f) The working group shall hold at least one public hearing per
year to solicit input from government agencies, private
organizations, and members of the public.
(g) The council may provide a grant to the working group to cover
the travel costs and other expenses incurred by members of the
working group in connection with the performance of their duties.
SECTION 1. It is the intent of the Legislature
to enact legislation to require the Department of Fish and Game to
develop a new statewide quagga mussel prevention and management plan
dependent on criteria, including, but not limited to, inspection
protocols and the tracking of vessels.