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
Code Sections - 12-5-540/ 12-5-541/ 12-5-542/ 12-5-543/ 12-5-544/ 12-5-545
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1. Greene  158th          2. Cox  160th

House Comm: NatR / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 1/11/95 Read 1st Time 1/12/95 Read 2nd Time ---------------------------------------- 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)

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