SECTIONS 2300-2302 - California Statutes

FISH AND GAME CODE

SECTION 2300-2302

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 ($500) and not more than ten thousand
dollars ($10,000) 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 Natural 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
permit inspections by the department as well as 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) If the operator of water delivery and storage facilities for
public water supply purposes has prepared, initiated, and is in
compliance with all the elements of an approved plan to control or
eradicate dreissenid mussels in accordance with paragraph (1), the
requirements of subdivision (a) do not apply to the operation of
those water delivery and storage facilities, and the operator is not
subject to any civil or criminal liability for the introduction of
dreissenid mussel species as a result of those operations. 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), subdivision (a) shall apply to the
operation of the water delivery and storage facilities covered by
the plan until the operator updates or revises the plan and initiates
and complies with all of the elements of the updated or revised
plan.
(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
($1,000), 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) Pursuant to Section 818.4 of the Government Code, the
department and any other state agency exercising authority under this
section shall not be liable with regard to any determination or
authorization made pursuant to this section.
(i) 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.

2302. (a) Any person, or federal, state, or local agency, district,
or authority that owns or manages a reservoir, as defined in Section
6004.5 of the Water Code, where recreational, boating, or fishing
activities are permitted, except a privately owned reservoir that is
not open to the public, shall do both of the following:
(1) Assess the vulnerability of the reservoir for the introduction
of nonnative dreissenid mussel species.
(2) Develop and implement a program designed to prevent the
introduction of nonnative dreissenid mussel species.
(b) The program shall include, at a minimum, all of the following:
(1) Public education.
(2) Monitoring.
(3) Management of those recreational, boating, or fishing
activities that are permitted.
(c) Any person, or federal, state, or local agency, district, or
authority, that owns or manages a reservoir, as defined in Section
6004.5 of the Water Code, where recreational, boating, or fishing
activities of any kind are not permitted, except a privately owned
reservoir that is not open to the public, shall, based on its
available resources and staffing, include visual monitoring for the
presence of mussels as part of its routine field activities.
(d) Any entity that owns or manages a reservoir, as defined in
Section 6004.5 of the Water Code, except a privately owned reservoir
that is not open to the public for recreational, boating, or fishing
activities, may refuse the planting of fish in that reservoir by the
department unless the department can demonstrate that the fish are
not known to be infected with nonnative dreissenid mussels.
(e) Except as specifically set forth in this section, this section
applies both to reservoirs that are owned or managed by governmental
entities and reservoirs that are owned or managed by private persons
or entities.
(f) Violation of this section is not subject to the sanctions set
forth in Section 12000. In lieu of any other penalty provided by law,
a person who violates this section shall, instead, be subject to a
civil penalty, in an amount not to exceed one thousand dollars
($1,000) per violation, that is imposed administratively by the
department. To the extent that sufficient funds and personnel are
available to do so, the department may adopt regulations establishing
procedures to implement this subdivision and enforce this section.
(g) This section shall not apply to a reservoir in which nonnative
dreissenid mussels have been detected.