House File 2357

PAG LIN

  1  1                                          HOUSE FILE 2357
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE PREVENTION AND CONTROL OF CERTAIN AQUATIC
  1  5    INVASIVE PLANT AND ANIMAL SPECIES AND PROVIDING PENALTIES.
  1  6
  1  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  8
  1  9    Section 1.  Section 456A.37, Code 2003, is amended by
  1 10 striking the section and inserting in lieu thereof the
  1 11 following:
  1 12    456A.37  AQUATIC INVASIVE SPECIES == PREVENTION AND
  1 13 CONTROL.
  1 14    1.  DEFINITIONS.  As used in this section:
  1 15    a.  "Eurasian watermilfoil" means myriophyllum spicatum, a
  1 16 submerged aquatic weed that invades lakes, ponds, reservoirs,
  1 17 and other bodies of water.
  1 18    b.  "Infestation of an aquatic invasive species" means an
  1 19 infestation of Eurasian watermilfoil that occupies more than
  1 20 twenty percent of the littoral area of a body of water or an
  1 21 infestation of any other species defined as an aquatic
  1 22 invasive species in this section.
  1 23    c.  "Aquatic invasive species" means a species that is not
  1 24 native to an ecosystem and whose introduction causes or is
  1 25 likely to cause economic or environmental harm or harm to
  1 26 human health including but not limited to habitat alteration
  1 27 and degradation, and loss of biodiversity.  For the purposes
  1 28 of this section, "aquatic invasive species" are limited to
  1 29 eurasian watermilfoil, purple loosestrife, and zebra mussels,
  1 30 except as provided in subsection 4.
  1 31    d.  "Purple loosestrife" means lythrum salicaria, a wetland
  1 32 plant that invades marshes, lakeshores, and other wetlands.
  1 33    e.  "Watercraft" means any vessel which through the
  1 34 buoyance of water floats upon the water and is capable of
  1 35 carrying one or more persons.
  2  1    f.  "Zebra mussel" means dreissena polymorpha, a small
  2  2 mussel that invades lakes, rivers, and other bodies of water.
  2  3    2.  AQUATIC INVASIVE SPECIES MANAGEMENT PLAN.  Before
  2  4 January 1, 2005, the commission shall prepare a long=term
  2  5 statewide aquatic invasive species water management plan.  The
  2  6 plan shall address all of the following:
  2  7    a.  The detection and prevention of accidental
  2  8 introductions into the state of aquatic invasive species.
  2  9    b.  A public awareness campaign regarding aquatic invasive
  2 10 species.
  2 11    c.  The control and eradication of aquatic invasive species
  2 12 in public waters.
  2 13    d.  The development of a plan of containment strategies
  2 14 that at a minimum includes all of the following:
  2 15    (1)  The participation by lake associations, local citizen
  2 16 groups, and local units of government in the development of
  2 17 lake management plans where aquatic invasive species exist.
  2 18    (2)  Notice to travelers of the penalties for violation of
  2 19 laws relating to aquatic invasive species.
  2 20    3.  GRANTS.  The director of the department of natural
  2 21 resources shall accept gifts, donations, and grants to aid in
  2 22 accomplishing the control and eradication of aquatic invasive
  2 23 species.
  2 24    4.  RULEMAKING.  The commission shall adopt rules pursuant
  2 25 to chapter 17A for the implementation and administration of
  2 26 this section.  The rules shall do all of the following:
  2 27    a.  Restrict the introduction, propagation, use,
  2 28 possession, and spread of aquatic invasive species.
  2 29    b.  Identify bodies of water with infestations of aquatic
  2 30 invasive species.  The department shall require that such
  2 31 bodies of water be posted as infested.  The department may
  2 32 prohibit boating, fishing, swimming, and trapping in infested
  2 33 bodies of water.
  2 34    If the commission determines that an additional species
  2 35 should be defined as an "aquatic invasive species", the
  3  1 species may be defined by the commission by rule as an
  3  2 "aquatic invasive species" subject to enactment of the
  3  3 definition by the general assembly at the next regular session
  3  4 of the general assembly.  Failure of the general assembly to
  3  5 enact the definition pursuant to this paragraph constitutes a
  3  6 nullification of the definition effective upon adjournment of
  3  7 that next regular session of the general assembly.
  3  8    5.  PROHIBITIONS.
  3  9    a.  A person shall not do any of the following:
  3 10    (1)  Transport an aquatic invasive species on a public
  3 11 road.
  3 12    (2)  Place a trailer or launch a watercraft that contains
  3 13 or to which an aquatic invasive species is attached in public
  3 14 waters.
  3 15    (3)  Operate a watercraft in a marked aquatic invasive
  3 16 species infestation area.
  3 17    b.  A person who violates this subsection is subject to a
  3 18 scheduled fine pursuant to section 805.8B, subsection 5.
  3 19    Sec. 2.  Section 805.8B, subsection 5, Code 2003, is
  3 20 amended to read as follows:
  3 21    5.  Eurasian water milfoil Aquatic invasive species
  3 22 violations.  For violations of section 456A.37, subsection 5,
  3 23 the scheduled fine is one hundred dollars.
  3 24
  3 25
  3 26                                                             
  3 27                               CHRISTOPHER C. RANTS
  3 28                               Speaker of the House
  3 29
  3 30
  3 31                                                             
  3 32                               JEFFREY M. LAMBERTI
  3 33                               President of the Senate
  3 34
  3 35    I hereby certify that this bill originated in the House and
  4  1 is known as House File 2357, Eightieth General Assembly.
  4  2
  4  3
  4  4                                                             
  4  5                               MARGARET THOMSON
  4  6                               Chief Clerk of the House
  4  7 Approved                , 2004
  4  8
  4  9
  4 10                            
  4 11 THOMAS J. VILSACK
  4 12 Governor