HB 156 - Aquatic Plant Control Act; enact
Georgia House of Representatives - 1995/1996 Sessions
HB 156 - Aquatic Plant Control Act; enact
Page Numbers - 1/ 2/ 3/ 4/ 5
1. Greene 158th 2. Cox 160th
House Comm: NatR / Senate Comm: /
House Vote: Yeas Nays Senate Vote: Yeas Nays
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House Action Senate
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1/11/95 Read 1st Time
1/12/95 Read 2nd Time
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Code Sections amended: 12-5-540, 12-5-541, 12-5-542, 12-5-543, 12-5-544,
12-5-545
HB 156 LC 9 7961
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Chapter 5 of Title 12 of the Official Code of
1- 2 Georgia Annotated, relating to water resources, so as to
1- 3 prohibit the importation, transportation, cultivation, or
1- 4 introduction into this state and its waters and provide for
1- 5 the control and eradication of certain noxious aquatic
1- 6 plants and parts thereof; to provide a short title; to
1- 7 provide for intent; to provide definitions; to provide for
1- 8 the powers and duties of the Department of Natural
1- 9 Resources; to provide for permits; to provide for lists of
1-10 aquatic plants and additions to such lists; to prohibit
1-11 certain conduct; to provide for quarantines and confiscation
1-12 of certain aquatic plants and plant material; to provide for
1-13 agreements and contracts; to provide for penalties; to
1-14 provide for other matters relative to the foregoing; to
1-15 repeal conflicting laws; and for other purposes.
1-16 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
1-17 Chapter 5 of Title 12 of the Official Code of Georgia
1-18 Annotated, relating to water resources, is amended by adding
1-19 at the end thereof a new Article 9 to read as follows:
"ARTICLE 9
1-20 12-5-540. (Index)
1-21 This article shall be known and may be cited as the
1-22 'Georgia Aquatic Plant Control Act.'
1-23 12-5-541. (Index)
1-24 The General Assembly recognizes that the uncontrolled
1-25 growth of noxious aquatic plants in the waters of Georgia
1-26 poses a variety of economic, environmental, health, and
1-27 safety problems. The General Assembly acknowledges the
1-28 responsibility of the state to cope with the uncontrolled
1-29 growth of noxious aquatic plants in the waters of Georgia
1-30 where they have been introduced and to reduce the
1-31 potential for their spread throughout the entire state.
-1- (Index)
LC 9 7961
2- 1 It is the intent of the General Assembly that the state
2- 2 policy for the control of noxious aquatic plants in waters
2- 3 of state responsibility be carried out under the general
2- 4 supervision and control of the Department of Natural
2- 5 Resources.
2- 6 12-5-542. (Index)
2- 7 As used in this article, the term:
2- 8 (1) 'Aquatic plant' means any plant growing in or
2- 9 closely associated with the aquatic environment and
2-10 includes floating, emersed, submersed, and ditch-bank
2-11 species.
2-12 (2) 'Department' means the Department of Natural
2-13 Resources.
2-14 (3) 'Listed aquatic plants' means those plant species
2-15 listed in Code Section 12-5-544 which, under no
2-16 circumstances, will be permitted for possession,
2-17 collection, transportation, cultivation, or importation,
2-18 except as provided in this article.
2-19 (4) 'Natural dispersion' means movement of an aquatic
2-20 plant by meteorological, biological, hydrological, or
2-21 other natural process.
2-22 (5) 'Nonindigenous aquatic plant' means any aquatic
2-23 plant which is not native to this state and which has
2-24 certain characteristics, such as massive productivity,
2-25 choking density, or an obstructive nature, which render
2-26 it detrimental, obnoxious, or unwanted in a particular
2-27 location.
2-28 (6) 'Noxious aquatic plant' means any part, including
2-29 but not limited to seeds or reproductive parts, of an
2-30 aquatic plant which has the potential to hinder the
2-31 growth of beneficial aquatic plants, to interfere with
2-32 irrigation, navigation, or recreation, or to affect
2-33 adversely the public welfare or the natural resources of
2-34 this state.
2-35 (7) 'Permit' means a license or permit issued by the
2-36 department pursuant to this article.
2-37 (8) 'Person' means and includes a natural person, a
2-38 public or private corporation, a governmental entity, or
2-39 any other entity.
-2- (Index)
LC 9 7961
3- 1 (9) 'Waters' or 'waters of the state' means rivers,
3- 2 streams, lakes, navigable waters and associated
3- 3 tributaries, canals, meandered lakes, enclosed water
3- 4 systems, and all other bodies of water.
3- 5 12-5-543. (Index)
3- 6 The department is authorized to:
3- 7 (1) Promulgate and adopt rules and regulations governing
3- 8 the importation, transportation, cultivation,
3- 9 collection, and possession of nonindigenous aquatic
3-10 plants as may be necessary for the eradication, control,
3-11 or prevention of the dissemination of noxious aquatic
3-12 plants;
3-13 (2) Establish, by rule, lists of aquatic plant species
3-14 subject to regulation under this article, provided that
3-15 the consent of the Commissioner of Agriculture shall be
3-16 necessary prior to the placement of any aquatic plant
3-17 species on any such list;
3-18 (3) Evaluate an aquatic plant species through research
3-19 or other means to determine whether such species poses a
3-20 threat or danger to the water, wildlife, natural
3-21 resources, or environment of this state;
3-22 (4) Declare and enforce a quarantine against aquatic
3-23 plants, including the vats, pools, or other containers
3-24 or bodies of water in which such plants are growing, to
3-25 prevent the dissemination of any noxious aquatic plant;
3-26 (5) Promulgate and adopt rules and regulations governing
3-27 the application for, issuance of, suspension of, and
3-28 revocation of permits issued under this article;
3-29 (6) Enter into cooperative agreements with any person as
3-30 necessary or desirable to carry out and enforce this
3-31 article;
3-32 (7) Conduct a public information program, including but
3-33 not limited to erection of signs, in order to educate
3-34 the public about the negative aspects, such as economic,
3-35 environmental, recreational, and safety aspects, of
3-36 noxious aquatic plants;
3-37 (8) Adopt, amend, and repeal such rules, regulations,
3-38 and forms as may be necessary to carry out the duties,
3-39 powers, and obligations set forth in this article and
3-40 perform such other acts as may be necessary for the
-3- (Index)
LC 9 7961
4- 1 proper administration, enforcement, or interpretation of
4- 2 this article; and
4- 3 (9) Cooperate with the United States and to enter into
4- 4 such cooperative agreements or commitments as the
4- 5 department may determine to be necessary to carry out
4- 6 the maintenance, control, or eradication of water
4- 7 hyacinths, alligator weed, hydrilla, and other noxious
4- 8 aquatic plant growths from the waters of the state and
4- 9 to enter into contracts with the United States
4-10 obligating the state to indemnify and save harmless the
4-11 United States from any and all claims and liability
4-12 arising out of the initiation and prosecution of any
4-13 project undertaken under this article.
4-14 12-5-544. (Index)
4-15 (a) The following aquatic plants are designated as listed
4-16 nonindigenous aquatic plants:
4-17 SCIENTIFIC NAME COMMON NAME
4-18 (1) Alternanthera philoxeroides Alligator weed
4-19 (2) Egeria densa Brazilian Elodea
4-20 (3) Elodea canadensis Elodea
4-21 (4) Hydrilla verticillata Hydrilla
4-22 (5) Ipomoea aquatica Water spinach
4-23 (6) Limnophila sessiliflora Ambulla
4-24 (7) Lythrum salicaria Purple loosestrife
4-25 (8) Myriophyllum spicatum Eurasian watermilfoil
4-26 (9) Pistia stratiotes Water lettuce
4-27 (10) Salvinia molesta Giant salvinia
4-28 (11) Schinus terebinthifolius Brazilian pepper
4-29 (12) Eichhornia crassipes Water hyacinth
4-30 (13) Zizaniopsis miliacea Giant cutgrass
4-31 (14) Trapa natans Water chestnut
4-32 (b) Except as provided in this article, under no
4-33 circumstances shall a permit be issued for the possession,
4-34 collection, transportation, cultivation, or importation of
4-35 any listed nonindigenous aquatic plant.
4-36 (c) It shall be unlawful for any person knowingly to cause
4-37 the dissemination of any listed noxious aquatic plant in
4-38 this state.
4-39 (d) Except as provided in this article, it shall be
4-40 unlawful for any person to possess any listed noxious
4-41 aquatic plant species or any reproductive part thereof
4-42 without a valid permit issued by the department.
-4- (Index)
LC 9 7961
5- 1 (e) The issuance of an aquatic plant permit by the
5- 2 department does not relieve the person to whom the permit
5- 3 is issued from the responsibility of complying with all
5- 4 applicable federal, state, county, and municipal laws,
5- 5 ordinances, rules, and regulations nor shall the holder of
5- 6 any such permit be relieved of the responsibility of
5- 7 obtaining any other required permits or licenses.
5- 8 (f) An aquatic plant permit does not constitute permission
5- 9 to collect endangered, threatened, or otherwise protected
5-10 plant species.
5-11 (g) Herbaria of educational or research institutions shall
5-12 not be required to possess permits for their preserved
5-13 specimens, but a permit shall be required for the
5-14 collection or importation of live specimens of plants
5-15 listed in subsection (a) of this Code section or added to
5-16 any such list pursuant to paragraph (2) of Code Section
5-17 12-5-543.
5-18 (h) No florist or other person who sells dried native
5-19 aquatic plants, parts, or propagules thereof shall be
5-20 required to possess a permit under this article, provided
5-21 that no dried reproductive parts of prohibited aquatic
5-22 plants shall be used by such person.
5-23 (i) If the possession of a listed aquatic plant has
5-24 resulted from natural dispersion and there is neither a
5-25 danger of further dispersion nor an intent to further
5-26 disperse the plant through any sale, transportation, or
5-27 other action or if a small amount of a noxious aquatic
5-28 plant material has incidentally adhered to a boat or boat
5-29 trailer operated by a person who is not involved in any
5-30 phase of the aquatic plant business and who is not
5-31 knowingly engaged in a violation of this article, no
5-32 permit shall be required nor shall any penalty be assessed
5-33 for such incidental possession. The department is,
5-34 however, authorized to quarantine or confiscate the plant
5-35 when there is a danger of further dispersal.
5-36 12-5-545. (Index)
5-37 Any person violating this article shall be guilty of a
5-38 misdemeanor."
SECTION 2.
5-39 All laws and parts of laws in conflict with this Act are
5-40 repealed.
-5- (Index)
Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97