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House File 2357

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 AQUATIC 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 aquatic 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 aquatic
  1 13 invasive species in this section.
  1 14    c.  "Aquatic invasive species" means a species that is not
  1 15 native to an ecosystem and whose introduction causes or is
  1 16 likely to cause economic or environmental harm or harm to
  1 17 human health including but not limited to habitat alteration
  1 18 and degradation, and loss of biodiversity.  For the purposes
  1 19 of this section, "aquatic invasive species" are limited to
  1 20 eurasian watermilfoil, purple loosestrife, and zebra mussels,
  1 21 except as provided in subsection 4.
  1 22    d.  "Purple loosestrife" means lythrum salicaria, a wetland
  1 23 plant that invades marshes, lakeshores, and other wetlands.
  1 24    e.  "Watercraft" means any vessel which through the
  1 25 buoyance of water floats upon the water and is capable of
  1 26 carrying one or more persons.
  1 27    f.  "Zebra mussel" means dreissena polymorpha, a small
  1 28 mussel that invades lakes, rivers, and other bodies of water.
  1 29    2.  AQUATIC INVASIVE SPECIES MANAGEMENT PLAN.  Before
  1 30 January 1, 2005, the commission shall prepare a long-term
  1 31 statewide aquatic invasive species water management plan.  The
  1 32 plan shall address all of the following:
  1 33    a.  The detection and prevention of accidental
  1 34 introductions into the state of aquatic invasive species.
  1 35    b.  A public awareness campaign regarding aquatic invasive
  2  1 species.
  2  2    c.  The control and eradication of aquatic invasive species
  2  3 in public waters.
  2  4    d.  The development of a plan of containment strategies
  2  5 that at a minimum includes all of the following:
  2  6    (1)  The participation by lake associations, local citizen
  2  7 groups, and local units of government in the development of
  2  8 lake management plans where aquatic invasive species exist.
  2  9    (2)  Notice to travelers of the penalties for violation of
  2 10 laws relating to aquatic invasive species.
  2 11    3.  GRANTS.  The director of the department of natural
  2 12 resources shall accept gifts, donations, and grants to aid in
  2 13 accomplishing the control and eradication of aquatic invasive
  2 14 species.
  2 15    4.  RULEMAKING.  The commission shall adopt rules pursuant
  2 16 to chapter 17A for the implementation and administration of
  2 17 this section.  The rules shall do all of the following:
  2 18    a.  Restrict the introduction, propagation, use,
  2 19 possession, and spread of aquatic invasive species.
  2 20    b.  Identify bodies of water with infestations of aquatic
  2 21 invasive species.  The department shall require that such
  2 22 bodies of water be posted as infested.  The department may
  2 23 prohibit boating, fishing, swimming, and trapping in infested
  2 24 bodies of water.
  2 25    If the commission determines that an additional species
  2 26 should be defined as an "aquatic invasive species", the
  2 27 species may be defined by the commission by rule as an
  2 28 "aquatic invasive species" subject to enactment of the
  2 29 definition by the general assembly at the next regular session
  2 30 of the general assembly.  Failure of the general assembly to
  2 31 enact the definition pursuant to this paragraph constitutes a
  2 32 nullification of the definition effective upon adjournment of
  2 33 that next regular session of the general assembly.
  2 34    5.  PROHIBITIONS.
  2 35    a.  A person shall not do any of the following:
  3  1    (1)  Transport an aquatic invasive species on a public
  3  2 road.
  3  3    (2)  Place a trailer or launch a watercraft that contains
  3  4 or to which an aquatic invasive species is attached in public
  3  5 waters.
  3  6    (3)  Operate a watercraft in a marked aquatic invasive
  3  7 species infestation area.
  3  8    b.  A person who violates this subsection is subject to a
  3  9 scheduled fine pursuant to section 805.8B, subsection 5.
  3 10    Sec. 2.  Section 805.8B, subsection 5, Code 2003, is
  3 11 amended to read as follows:
  3 12    5.  Eurasian water milfoil Aquatic invasive species
  3 13 violations.  For violations of section 456A.37, subsection 5,
  3 14 the scheduled fine is one hundred dollars.  
  3 15 HF 2357
  3 16 av/es/25
     

Text: HF02356                           Text: HF02358
Text: HF02300 - HF02399                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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