House File 618 HOUSE FILE BY STEVENS Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to the prevention and control of certain invasive 2 plant and animal species and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2798YH 80 5 av/cf/24 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 milfoilInvasive 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