H.F. _____ Section 1. Section 456A.37, Code 2013, is amended by 1 striking the section and inserting in lieu thereof the 2 following: 3 456A.37 Aquatic invasive species —— prevention and control. 4 1. Definitions. As used in this section: 5 a. “Aquatic invasive species” means nonnative wildlife or 6 plant species that have been determined by the department to 7 pose a significant threat to the aquatic resources or water 8 infrastructure of the state. 9 b. “Aquatic plant” means a submergent, emergent, floating, 10 or floating-leaved plant, including algae, and includes any 11 part of such a plant. 12 c. “Bait” means the same as defined in section 481A.1. 13 d. “Water-related equipment” means a motor vehicle, 14 boat, watercraft, dock, boat lift, raft, vessel, trailer, 15 tool, implement, device, or any other associated equipment 16 or container, including but not limited to portable bait 17 containers, live wells, ballast tanks, bilge areas, and 18 water-hauling equipment that is capable of containing or 19 transporting aquatic invasive species, aquatic plants, or 20 water. 21 2. Rulemaking. The commission shall adopt rules pursuant to 22 chapter 17A for the implementation and administration of this 23 section. The rules shall do all of the following: 24 a. Restrict the introduction, propagation, use, possession, 25 and spread of aquatic invasive species. 26 b. Identify waters of the state with infestations of aquatic 27 invasive species. The commission shall require that such 28 waters be posted as infested. 29 c. If the commission determines that an additional species 30 should be defined as an “aquatic invasive species” , the species 31 shall be defined by the commission by rule as an “aquatic 32 invasive species” . 33 3. Prohibitions. 34 a. A person shall not transport on a public road, or place 35 -1- LSB 2500YC (1) 85 av/nh 1/ 6

H.F. _____ or attempt to place into waters of the state, any water-related 1 equipment that has an aquatic invasive species or aquatic plant 2 attached to or within the water-related equipment except as 3 follows: 4 (1) When authorized by a written permit issued by the 5 director upon a finding that the person is unable to comply 6 with the requirements of this lettered paragraph “a” , is 7 substantially impacted by the prohibitions of this lettered 8 paragraph “a” , and is affording adequate protection of the 9 aquatic resources or water infrastructure of the state by an 10 alternative means. 11 (2) When the department, or other governmental entity 12 approved by the director, is undertaking management activities 13 that would constitute prohibited activities under this lettered 14 paragraph “a” but are necessary to manage the aquatic resources 15 or water infrastructure of the state, including but not limited 16 to aquatic invasive species control, and sufficient mitigation 17 efforts are undertaken to avoid or minimize, to the greatest 18 extent possible, exposure of the waters of the state to an 19 aquatic invasive species. 20 (3) When disposing of or engaging in a control activity of 21 an aquatic invasive species and exposure to other waters of the 22 state is minimized. 23 (4) When transporting commercial or municipal aquatic plant 24 harvesting equipment to a suitable location away from any 25 waters of the state, for purposes of cleaning the equipment of 26 any remaining aquatic plants or wildlife. 27 (5) When water-related equipment is legally purchased or 28 traded by or from a commercial source. 29 (6) For purposes of constructing or transporting a shooting 30 or observation blind, provided that there are no aquatic 31 invasive species present on or in the blind, and the aquatic 32 plants used on or in the blind are emergent, cut above the 33 waterline, and contain no propagules such as seed heads, roots, 34 or rhizomes. 35 -2- LSB 2500YC (1) 85 av/nh 2/ 6

H.F. _____ (7) For purposes of submitting a sample to the department or 1 to another entity as directed by the department, provided that 2 the sample is in a sealed container. Any test results of such 3 samples shall be reported to the department. 4 (8) When engaged in emergency response activities, provided 5 that the person engaged in such activities is affiliated with 6 a law enforcement agency or an agency with emergency response 7 authority. 8 (9) When otherwise permitted under a disaster declaration 9 issued consistent with chapter 29C. 10 b. A person shall drain all water from water-related 11 equipment when leaving the waters of the state and before 12 transporting the water-related equipment off a water access 13 area or riparian property. Drain plugs, bailers, valves, 14 or other devices used to control the drainage of water from 15 ballast tanks, bilges, and live wells shall be removed or 16 opened while transporting water-related equipment except as 17 follows: 18 (1) When authorized by a written permit issued by the 19 director upon a finding that the person is unable to comply 20 with the requirements of this lettered paragraph “b” , is 21 substantially impacted by the prohibitions of this lettered 22 paragraph “b” , and is affording adequate protection of the 23 aquatic resources or water infrastructure of the state by an 24 alternative means. 25 (2) When the department, or other governmental entity 26 approved by the director, is undertaking management activities 27 that would constitute prohibited activities under this lettered 28 paragraph “b” but are necessary to manage the aquatic resources 29 or water infrastructure of the state, including but not limited 30 to aquatic invasive species control, and sufficient mitigation 31 efforts are undertaken to avoid or minimize, to the greatest 32 extent possible, exposure of the waters of the state to an 33 aquatic invasive species. 34 (3) When water-related equipment constitutes a marine 35 -3- LSB 2500YC (1) 85 av/nh 3/ 6

H.F. _____ sanitary system, a closed engine cooling system, or is a tank 1 or container of potable drinking water or other beverage 2 intended for human consumption. 3 (4) When engaged in emergency response activities, provided 4 that the person engaged in such activities is affiliated with 5 a law enforcement agency or an agency with emergency response 6 authority. 7 (5) When otherwise permitted under a disaster declaration 8 issued consistent with chapter 29C. 9 c. A person who violates this subsection is subject to a 10 scheduled fine pursuant to section 805.8B, subsection 5. 11 4. Inspections. Persons operating and transporting 12 water-related equipment shall inspect the equipment for 13 aquatic invasive species when the equipment is removed from, or 14 before entering waters of the state. If an aquatic invasive 15 species is present on or within the water-related equipment, 16 the aquatic invasive species shall be removed immediately. 17 Any water-related equipment is subject to inspection by a 18 representative of the department. A representative of the 19 department may prohibit a person from placing or operating 20 water-related equipment in waters of the state if the person 21 refuses to allow an inspection of the water-related equipment 22 or refuses to remove and dispose of aquatic invasive species, 23 aquatic plants, or water on or within the water-related 24 equipment. 25 Sec. 2. Section 805.8B, subsection 5, Code 2013, is amended 26 to read as follows: 27 5. Aquatic invasive species violations. For violations of 28 section 456A.37, subsection 5 3 , the scheduled fine is five 29 hundred dollars. as follows: 30 a. For violations of section 456A.37, subsection 3, 31 paragraph “a” , the scheduled fine is five hundred dollars. 32 b. For violations of section 456A.37, subsection 3, 33 paragraph “b” , the scheduled fine is seventy-five dollars. 34 c. For repeat violations of section 456A.37, subsection 3, 35 -4- LSB 2500YC (1) 85 av/nh 4/ 6

H.F. _____ paragraph “a” or “b” within the same twelve-month period, the 1 scheduled fine shall include an additional fine of five hundred 2 dollars for each violation. 3 EXPLANATION 4 This bill relates to the prevention and control of aquatic 5 invasive species in the waters of the state and provides 6 penalties. 7 Code section 456A.37, relating to the same subject, 8 is stricken and rewritten with a new definition for what 9 constitutes an “aquatic invasive species” and new definitions 10 of “aquatic plant”, “bait”, and “water-related equipment”. 11 The natural resource commission is directed to adopt rules to 12 implement and administer the bill. The rules are required to 13 restrict the introduction, propagation, use, possession, and 14 spread of aquatic invasive species; identify waters of the 15 state with infestations of aquatic invasive species and post 16 such waters as infested; and define additional aquatic species 17 as invasive if necessary. 18 The bill prohibits a person from transporting on a public 19 road, or placing or attempting to place into waters of the 20 state, any water-related equipment that has an aquatic 21 invasive species or aquatic plant attached to or within the 22 water-related equipment unless specified exceptions apply. A 23 violation of these provisions is punishable by a scheduled 24 fine of $500 plus an additional fine of $500 for each repeat 25 violation within the same 12-month period. 26 The bill requires a person leaving the waters of the 27 state to drain all water from water-related equipment before 28 transporting the equipment off a water access area or riparian 29 property. Specified equipment used to control drainage of 30 water from water-related equipment must be removed or opened 31 while being transported unless specified exceptions apply. A 32 violation of these provisions is punishable by a scheduled 33 fine of $75 plus an additional fine of $500 for each repeat 34 violation within the same 12-month period. 35 -5- LSB 2500YC (1) 85 av/nh 5/ 6

H.F. _____ Persons who operate and transport water-related equipment 1 are required to inspect the equipment for aquatic invasive 2 species when the equipment is removed from, or before entering, 3 waters of the state. Any water-related equipment is also 4 subject to inspection by a representative of the department 5 of natural resources. A representative of the department may 6 prohibit a person from placing or operating water-related 7 equipment in the waters of the state if the person refuses to 8 allow an inspection of the equipment or refuses to remove and 9 dispose of aquatic invasive species, aquatic plants, or water 10 on or within the equipment. 11 -6- LSB 2500YC (1) 85 av/nh 6/ 6