2007 California Fish and Game Code Chapter 3.5. Aquatic Invasive Species

CA Codes (fgc:2300-2301)

2300.  (a) No person shall sell, possess, import, transport,
transfer, release alive in the state, or give away without
consideration the salt water algae of the Caulerpa species:
taxifolia, cupressoides, mexicana, sertulariodes, floridana,
ashmeadii, racemosa, verticillata, and scapelliformis.
   (b) Notwithstanding subdivision (a), a person may possess, for
bona fide scientific research, as determined by the department, upon
authorization by the department, the salt water algae of the Caulerpa
species:  taxifolia, cupressoides, mexicana, sertulariodes,
floridana, ashmeadii, racemosa, verticillata, and scapelliformis.
   (c) In addition to any other penalty provided by law, any person
who violates this section is subject to a civil penalty of not less
than five hundred dollars (0) and not more than ten thousand
dollars (,000) for each violation.


2301.  (a) (1) Except as authorized by the department, a person
shall not possess, import, ship, or transport in the state, or place,
plant, or cause to be placed or planted in any water within the
state, dreissenid mussels.
   (2) The director or his or her designee may do all of the
following:
   (A) Conduct inspections of conveyances, which include vehicles,
boats and other watercraft, containers, and trailers, that may carry
or contain adult or larval dreissenid mussels. Included as part of
this authority to conduct inspections is the authority to temporarily
stop conveyances that may carry or contain adult or larval
dreissenid mussels on any roadway or waterway in order to conduct
inspections.
   (B) Order that areas in a conveyance that contain water be
drained, dried, or decontaminated pursuant to procedures approved by
the department.
   (C) Impound or quarantine conveyances in locations designated by
the department for up to five days or the period of time necessary to
ensure that dreissenid mussels can no longer live on or in the
conveyance.
   (D) (i) Conduct inspections of waters of the state and facilities
located within waters of the state that may contain dreissenid
mussels. If dreissenid mussels are detected or may be present, the
director or his or her designee may order the affected waters or
facilities closed to conveyances or otherwise restrict access to the
affected waters or facilities, and shall order that conveyances
removed from, or introduced to, the affected waters or facilities be
inspected, quarantined, or disinfected in a manner and for a duration
necessary to detect and prevent the spread of dreissenid mussels
within the state.
   (ii) For the purpose of implementing clause (i), the director or
his or her designee shall order the closure or quarantine of, or
restrict access to, these waters, areas, or facilities in a manner
and duration necessary to detect and prevent the spread of dreissenid
mussels within the state. No closure, quarantine, or restriction
shall be authorized by the director or his or her designee without
the concurrence of the Secretary of the Resources Agency. If a
closure lasts longer than seven days, the department shall update the
operator of the affected facility every 10 days on efforts to
address the dreissenid infestation. The department shall provide
these updates in writing and also post these updates on the
department's Internet Web site in an easily accessible manner.
   (iii) The department shall develop procedures to ensure proper
notification of affected local and federal agencies, and, as
appropriate, the Department of Boating and Waterways, the Department
of Water Resources, the Department of Parks and Recreation, and the
State Lands Commission in the event of a decision to close,
quarantine, or restrict a facility pursuant to this paragraph. These
procedures shall include the reasons for the closure, quarantine, or
restriction, and methods for providing updated information to those
affected. These procedures shall also include protocols for the
posting of the notifications on the department's Internet Web site
required by clause (ii).
   (iv) When deciding the scope, duration, level, and type of
restrictions, and specific location of a closure or quarantine, the
director shall consult with the agency, entity, owner, or operator
with jurisdiction, control, or management responsibility over the
marina, boat launch facility, or other facility, in order to focus
the closure or quarantine to specific areas and facilities so as to
avoid or minimize disruption of economic or recreational activity in
the vicinity.
   (b) (1) Upon a determination by the director that it would further
the purposes of this section, other state agencies, including, but
not limited to, the Department of Parks and Recreation, the
Department of Water Resources, the Department of Food and
Agriculture, and the State Lands Commission, may exercise the
authority granted to the department in subdivision (a).
   (2) A determination made pursuant to paragraph (1) shall be in
writing and shall remain in effect until withdrawn, in writing, by
the director.
   (c) (1) Except as provided in paragraph (2), Division 13
(commencing with Section 21000) of the Public Resources Code does not
apply to the implementation of this section.
   (2) An action undertaken pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) involving the use of chemicals other than
salt or hot water to decontaminate a conveyance or a facility is
subject to Division 13 (commencing with Section 21000) of the Public
Resources Code.
   (d)  (1)  A public or private agency that operates a water supply
system shall cooperate with the department to implement measures to
avoid infestation by dreissenid mussels and to control or eradicate
any infestation that may occur in a water supply system. If
dreissenid mussels are detected, the operator of the water supply
system, in cooperation with the department, shall prepare and
implement a plan to control or eradicate dreissenid mussels within
the system. The approved plan shall contain the following minimum
elements:
   (A) Methods for delineation of infestation, including both adult
mussels and veligers.
   (B) Methods for control or eradication of adult mussels and
decontamination of water containing larval mussels.
   (C) A systematic monitoring program to determine any changes in
conditions.
   (D) The requirement that the operator of the water supply system
cooperate with the department to update or revise control or
eradication measures in the approved plan to address scientific
advances in the methods of controlling or eradicating mussels and
veligers.
   (2) Paragraph (2) of subdivision (a) does not apply to the
operation of water delivery and storage facilities for the purposes
of providing water supply if the operator of the facilities has
prepared and implemented a plan to control or eradicate dreissenid
mussels in accordance with paragraph (1). The department may require
the operator of a facility to update its plan, and if the plan is not
updated or revised as described in subparagraph (D) of paragraph
(1), the department may engage in the actions described in paragraph
(2) of subdivision (a).
   (e) Any entity that discovers dreissenid mussels within this state
shall immediately report the discovery to the department.
   (f) (1) In addition to any other penalty provided by law, any
person who violates this section, any verbal or written order or
regulation adopted pursuant to this section, or who resists, delays,
obstructs, or interferes with the implementation of this section, is
subject to a penalty, in an amount not to exceed one thousand dollars
(,000), that is imposed administratively by the department.
   (2) A penalty shall not be imposed pursuant to paragraph (1)
unless the department has adopted regulations specifying the amount
of the penalty and the procedure for imposing and appealing the
penalty.
   (g) The department may adopt regulations to carry out this
section.
  (h) This section shall remain in effect only until January 1, 2012,
and as of that date is repealed, unless a later enacted statute,
that is enacted before January 1, 2012, deletes or extends that date.