64.5
. (a) The division is designated as the lead agency of the
state for the purpose of cooperating with other state, local, and
federal agencies in identifying, detecting, controlling, and
administering programs to manage invasive aquatic plants in the
Sacramento-San Joaquin Delta, its tributaries, and the Suisun Marsh.
The division, in consultation with appropriate state, local, and
federal agencies, may take such action it determines is necessary,
upon concurrence from the Department of Fish and Wildlife following
the completion of the risk assessment described in subdivision (c),
to implement control and, when feasible, eradication measures for
invasive aquatic plants. Any actions taken to control invasive
aquatic plants shall be in compliance with all applicable laws and
regulations and conducted in an environmentally sound manner.
(b) The division shall regularly consult with the United States
Department of Agriculture, the United States Fish and Wildlife
Service, the National Oceanic and Atmospheric Administration, the
University of California, and other members of the scientific and
research communities, as well as other state agencies with authority
over the control of invasive aquatic plants to determine which
species of those plants should be given the highest priority for
management and determine the best control and, when feasible,
eradication measures.
(c) (1) After consulting with the various entities as required in
subdivision (b), if the division identifies a species of aquatic
plant that may be invasive and need to be controlled or eradicated,
the division shall notify the Department of Fish and Wildlife of the
potential threat from that aquatic plant species. After receipt of
that notice, the Department of Fish and Wildlife, in consultation
with other appropriate local, state, and federal agencies, including,
but not limited to, the Department of Food and Agriculture, the
Department of Water Resources, the State Water Resources Control
Board, the Department of Pesticide Regulation, and the Office of
Environmental Health Hazard Assessment, shall conduct a risk
assessment of the aquatic plant species identified by the division to
determine whether the plant species is invasive and presents a
threat to the environment, economy, or human health. In making that
determination, the Department of Fish and Wildlife shall take prompt
action to minimize detrimental impacts and costs of management, and
shall consider all of the following:
(A) Whether the aquatic plant species may obstruct navigation and
recreational uses of waterways.
(B) Whether the aquatic plant species may cause environmental
damage, including threats to the health and stability of fisheries,
impairment to birds' access to waterways and nesting, roosting, and
foraging areas, deterioration of water quality resulting from plant
decay, and harm to native plants.
(C) Whether the aquatic plant species may cause harm to the state'
s economy, infrastructure, or manmade facilities such as state water
storage facilities and pumping operations, by increasing flood risk,
threatening water supplies by blocking pumps, canals, and dams
necessitating early control efforts.
(2) Based on factors specified in subparagraphs (A), (B), and (C)
of paragraph (1) and any other environmental, economic, or human
health impacts, the risk assessment shall specify whether the plant
species under consideration has been determined to be an invasive
aquatic plant. Findings from the risk assessment shall be documented
in a way that clearly describes the severity and types of impacts
caused by a plant species determined to be an invasive aquatic plant.
(3) Within 60 days after completing the risk assessment required
by paragraph (1), the Department of Fish and Wildlife shall report
its findings to the division so that the division may take any
necessary action to control and, when feasible, eradicate an invasive
aquatic plant, as authorized under subdivision (a).
(d) For purposes of this section, "invasive aquatic plant" means
an aquatic plant or algae species, including its seeds, fragments,
and other biological materials capable of propagating that species,
whose proliferation or dominant colonization of an area causes or is
likely to cause economic or environmental harm or harm to human
health.
(e) Aquatic plants shall be determined to be invasive through the
risk assessment required to be completed by the Department of Fish
and Wildlife in consultation with the division and other state,
local, and federal agencies pursuant to subdivision (c).