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
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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
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