U. S. Coast Guard Auxiliary Office of Government Affairs
Arizona
Area Coordinator:
COMO Gail Ramsey, N-LLP
State Liaison:
Tom Nunes
Coast Guard Auxiliary District: 11SR
Coast Guard District: 11
Second Quarter Report, 2009:
HB 2157: the aquatic invasive species bill was transmitted from the Arizona House of Representatives to the Senate yesterday after being thoroughly vetted, and is a very important piece of legislation to the Arizona Game and Fish Department and other stakeholders.
Senator Nelson (jnelson@azleg.gov) is a co-sponsor on this bill and Chairman of the Senate's Natural Resources Committee.
House Bill 2157 allows the Arizona Game and Fish Director (Director) to create an aquatic invasive species program.
The Arizona Game and Fish Commission (Commission) is charged with the management, preservation, and the regulation of the harvest of the wildlife in Arizona. Included in this charge is the authority given to the Commission to remove, or grant the removal of, fish which interfere with the propagation of game or food fish from waters in this state. (A.R.S. § 17-231) The Arizona Game and Fish Department (Department) is also directed with disease assessment and treatment of wildlife and big game before importation or transportation in/into this state. (A.R.S. § 17-318)
Through Executive Order 2005-09, the Governor's Invasive Species Advisory Council (Council) was established and was reestablished by Executive Order 2007-07. The Council is under the joint leadership of the Department and the Arizona Department of Agriculture and consists of 21 members from various organizations. The Council's charge is to advise the State on invasive species policy and implementation. The Council has developed a consensus definition of invasive species as any species that is:
-non-native to the ecosystem under consideration,
-whose introduction causes or is likely to cause economic or environmental harm or harm to human health.
In Executive Order 2007-07, the Governor directed that this definition be used as an advisory, non-regulatory definition for Arizona Executive Branch agencies. The Council has also created an invasive species management plan for Arizona.
Provisions:
Aquatic Invasive Species Program:
Defines aquatic invasive species as any aquatic species that is not native to the ecosystem under consideration and whose introduction or presence in the state may cause economic or environmental harm or harm to human health.
The definition does not include:
-any non-indigenous species lawfully or historically introduced into this state for sport fishing recreation.
-any species introduced into this state by the Department, by other governmental entities, or by any person pursuant to laws relating to game and fish.
Allows the Director to establish and maintain an aquatic invasive species program and issue orders to:
-establish an aquatic invasive species list.
-establish a list of waters/locations where there are aquatic invasive species and take steps to eradicate and prevent the spread of aquatic invasive species.
-manage the movement of watercraft and vehicles between waters where aquatic invasive species are present and other waters.
Authorizes the Director to implement the following activities if an aquatic invasive species is suspected or documented in this state:
-establish inspections of watercraft/equipment to locate the aquatic invasive species.
-order any person with an aquatic invasive species in or on watercraft/equipment to decontaminate it in a manner prescribed by rule. Mandatory on-site decontamination is to only be required at locations that do not charge a fee.
-require any person with watercraft/equipment who visit locations that have aquatic invasive species to decontaminate the watercraft/equipment before moving it to any other locations where an aquatic invasive species could thrive.
Provides that an order made to implement the aquatic invasive species program is exempt from rule making regulations, except the Director must promptly file a copy of the order for publication in the Arizona Administrative Register.
Prohibitions/Violations:
Prohibits a person from the following, unless authorized by the Commission:
Possess, import, ship or transport into or within this state, or cause to be imported, shipped or transported into or within this state, an aquatic invasive species.
Place in any waters in this state any watercraft/equipment that has been in any water or location where aquatic invasive species are present within 30 days before the date of transportation without first decontaminating the watercraft/equipment.
Makes it a Class 6 felony for a person to knowingly:
-sell, purchase, barter or exchange an aquatic invasive species.
-release, place or plant or cause to be released, placed or planted, an aquatic invasive species into waters in this state or into any water treatment facility, water supply or water transportation facility, device or mechanism in this state.
The Commission may also bring a civil action in the name of the state to recover damages and costs for the above violations.
Provides that a person who violates provisions relating to aquatic invasive species is subject to a civil penalty of not more than $1,000.
Directs the Court to order a person who refuses to decontaminate the person's watercraft/equipment to pay the state costs, not to exceed $50, incurred by the state to decontaminate the watercraft/equipment.
Stipulates that the violations involving aquatic invasive species are applicable whether or not the Director establishes an aquatic invasive species program.
Miscellaneous:
Allows monies in the Watercraft Licensing Fund to be used for an aquatic invasive species program.
Provides an exception from the aquatic invasive species provisions to the owners and operators of any system of canals, water treatment or distribution facility system and waste water collection system or related systems. The exemption is also provided to public or private aquariums and educational or research institutions.
States that a private right of action is not created or implied and that is article may only be enforced by this state.
Allows the Director to consult with the owners and operators of the exempted systems to assist in the implementation of an aquatic invasive species program.