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House File 618

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.   Section 456A.37, Code 2003, is amended by
  1  2 striking the section and inserting in lieu thereof the
  1  3 following:
  1  4    456A.37  INVASIVE SPECIES – PREVENTION AND CONTROL.
  1  5    1.  DEFINITIONS.  As used in this section:
  1  6    a.  "Eurasian watermilfoil" means myriophyllum spicatum, a
  1  7 submerged aquatic weed that invades lakes, ponds, reservoirs,
  1  8 and other bodies of water.
  1  9    b.  "Infestation of an invasive species" means an
  1 10 infestation of Eurasian watermilfoil that occupies more than
  1 11 twenty percent of the littoral area of a body of water or an
  1 12 infestation of any other species defined as an invasive
  1 13 species in this section.
  1 14    c.  "Invasive species" means a species that is not native
  1 15 to an ecosystem and whose introduction causes or is likely to
  1 16 cause economic or environmental harm or harm to human health
  1 17 including but not limited to habitat alteration and
  1 18 degradation, and loss of biodiversity.  For the purposes of
  1 19 this section, "invasive species" are limited to eurasian
  1 20 watermilfoil, purple loosestrife, and zebra mussels.
  1 21    d.  "Purple loosestrife" means lythrum salicaria, a wetland
  1 22 plant that invades marshes, lakeshores, and other wetlands.
  1 23    e.  "Watercraft" means any vessel which through the
  1 24 buoyance of water floats upon the water and is capable of
  1 25 carrying one or more persons.
  1 26    f.  "Zebra mussel" means dreissena polymorpha, a small
  1 27 mussel that invades lakes, rivers, and other bodies of water.
  1 28    2.  INVASIVE SPECIES MANAGEMENT PLAN.  Before January 1,
  1 29 2004, the commission shall prepare a long-term statewide
  1 30 invasive species water management plan.  The plan shall
  1 31 address all of the following:
  1 32    a.  The detection and prevention of accidental
  1 33 introductions into the state of invasive species.
  1 34    b.  A public awareness campaign regarding invasive species.
  1 35    c.  The control and eradication of invasive species in
  2  1 public waters.
  2  2    d.  The development of a plan of containment strategies
  2  3 that at a minimum includes all of the following:
  2  4    (1)  The participation by lake associations, local citizen
  2  5 groups, and local units of government in the development of
  2  6 lake management plans where invasive species exist.
  2  7    (2)  Notice to travelers of the penalties for violation of
  2  8 laws relating to invasive species.
  2  9    3.  GRANTS.  The director of the department of natural
  2 10 resources shall accept gifts, donations, and grants to aid in
  2 11 accomplishing the control and eradication of invasive species.
  2 12    4.  RULEMAKING.  The commission shall adopt rules pursuant
  2 13 to chapter 17A for the implementation and administration of
  2 14 this section.  The rules shall do all of the following:
  2 15    a.  Restrict the introduction, propagation, use,
  2 16 possession, and spread of invasive species.
  2 17    b.  Identify bodies of water with infestations of invasive
  2 18 species.  The department shall require that such bodies of
  2 19 water be posted as infested.  The department may prohibit
  2 20 boating, fishing, swimming, and trapping in infested bodies of
  2 21 water.
  2 22    5.  PROHIBITIONS.
  2 23    a.  A person shall not do any of the following:
  2 24    (1)  Transport an invasive species on a public road.
  2 25    (2)  Place a trailer or launch a watercraft that contains
  2 26 or to which an invasive species is attached in public waters.
  2 27    (3)  Operate a watercraft in a marked invasive species
  2 28 infestation area.
  2 29    b.  A person who violates this subsection is subject to a
  2 30 scheduled fine pursuant to section 805.8B, subsection 5.
  2 31    Sec. 2.  Section 805.8B, subsection 5, Code 2003, is
  2 32 amended to read as follows:
  2 33    5.  Eurasian water milfoil Invasive species violations.
  2 34 For violations of section 456A.37, subsection 5, the scheduled
  2 35 fine is one hundred dollars.  
  3  1                           EXPLANATION
  3  2    This bill relates to the prevention and control of certain
  3  3 invasive plant and animal species in this state.  The bill
  3  4 defines an "invasive species" as a species that is not native
  3  5 to an ecosystem and whose introduction causes or is likely to
  3  6 cause economic or environmental harm or harm to human health
  3  7 including but not limited to habitat alteration and
  3  8 degradation and loss of biodiversity.  For the purposes of the
  3  9 bill, "invasive species" are limited to Eurasian watermilfoil
  3 10 (myriophyllum spicatum), a submerged aquatic weed that invades
  3 11 lakes, ponds, and reservoirs; purple loosestrife (lythrum
  3 12 salicaria), a wetland plant that invades marshes, lakeshores,
  3 13 and other wetlands; and zebra mussels (dreissena polymorpha),
  3 14 a small mussel that invades lakes and rivers.
  3 15    The bill requires the natural resource commission to
  3 16 prepare a long-term statewide invasive species water
  3 17 management plan before January 1, 2004, that addresses the
  3 18 detection and prevention of accidental introductions into the
  3 19 state of invasive species, a public awareness campaign
  3 20 regarding invasive species, the control and eradication of
  3 21 invasive species in public waters, and the development of a
  3 22 plan of containment strategies.
  3 23    The plan of containment strategies must include at a
  3 24 minimum participation by lake associations, local citizen
  3 25 groups, and local units of government in the development of
  3 26 lake management plans where invasive species exist, and notice
  3 27 to travelers of the penalties for violation of laws relating
  3 28 to invasive species.
  3 29    The bill provides that the director of the department of
  3 30 natural resources can accept gifts, donations, and grants to
  3 31 aid in accomplishing the control and eradication of invasive
  3 32 species.
  3 33    The bill provides that the commission shall adopt rules
  3 34 pursuant to Code chapter 17A that restrict the introduction,
  3 35 propagation, use, possession, and spread of invasive species,
  4  1 and identify bodies of water with infestations of invasive
  4  2 species.  The bill requires that bodies of water that are
  4  3 infested be posted as infested.  The department of natural
  4  4 resources may prohibit boating, fishing, swimming, and
  4  5 trapping in infested bodies of water.
  4  6    The bill provides that a person shall not transport an
  4  7 invasive species on a public road, place a trailer or launch a
  4  8 watercraft that contains or to which an invasive species is
  4  9 attached in public waters, or operate a watercraft in an area
  4 10 that is marked as an invasive species infestation area.  The
  4 11 penalty for violating these provisions is a scheduled fine of
  4 12 $100.  
  4 13 LSB 2798YH 80
  4 14 av/cf/24
     

Text: HF00617                           Text: HF00619
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Bills and Amendments: General Index     Bill History: General Index

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