SECTIONS 6048-6049 - California Statutes

FOOD AND AGRICULTURAL CODE

SECTION 6048-6049

6048. (a) The plant hydrilla (Hydrilla verticillata) is a noxious
aquatic weed not native to the State of California. The Legislature
hereby declares that the further introduction and spread of this
serious aquatic weed pest would be detrimental to the state, causing
irreparable damage to the agricultural industry and recreational use
of streams, lakes, and waterways and further that the eradication of
this aquatic weed pest is essential to the preservation of the
environment.
Hydrilla can be introduced into the state in shipments of fish and
aquatic plants for wholesale and retail sale within the state. It
can become established when aquariums containing hydrilla are dumped
into California's streams, lakes, ponds, and waterways. Subsequent
spread is rapid, both naturally and artificially.
(b) It is unlawful to produce, propagate, harvest, possess, sell,
or distribute hydrilla as such or incidental to the sale of fish,
aquatic plants, or other hosts or possible carriers of hydrilla. The
director may adopt quarantine or other regulations which prohibit the
importation of hydrilla. Any violation of the regulations or of this
section is an infraction punishable by a fine of not more than
seventy-five dollars ($75) for the first offense and is a misdemeanor
for a second or subsequent offense within three years of a prior
conviction of a violation of this section or of the regulations.
These penalty provisions do not preclude civil action as provided in
Article 2 (commencing with Section 5021) of Chapter 1.
(c) The director shall conduct an ongoing survey and detection
program for hydrilla. Whenever and wherever hydrilla is discovered,
the director shall immediately investigate the feasibility of
eradication. If eradication is feasible, the director shall perform
the eradication in cooperation with federal, city, county, and other
state agencies taking those steps and actions the director deems
necessary.

6049. The department, with the cooperation of the University of
California, the United States Department of Agriculture, or other
agencies, may develop and implement biological control methods to
eradicate or control the aquatic weed pest hydrilla (Hydrilla
verticillata) in any area of the state, and may conduct studies for
those purposes. When the development or implementation involves the
use of fish, each individual program for development or
implementation shall first be approved by the Department of Fish and
Game.