AB 1587: Invasive species: dreissenid mussels.

Existing law, until January 1, 2020, generally prohibits a person from possessing, importing, shipping, or transporting in the state, or from placing, planting, or causing to be placed or planted in any water within the state, dreissenid mussels, and authorizes the Director of Fish and Wildlife or his or her designee to engage in various enforcement activities with regard to dreissenid mussels. Among those activities, existing law authorizes the director to conduct inspections of waters of the state and facilities located within waters of the state that may contain dreissenid mussels and, if those mussels are detected or may be present, order the closure of the waters or facilities to conveyances or otherwise restrict access to the waters or facilities, with the concurrence of the Secretary of the Natural Resources Agency.

This bill would also authorize a peace officer to engage in certain of these enforcement activities, as prescribed, and would extend to January 1, 2023 2023, the repeal date of those provisions.

Under existing law, a violation of these provisions is a crime. By extending the operation of these provisions, this bill would impose a state-mandated local program.

Existing law requires any person, or federal, state, or local agency, district, or authority, that owns or manages a reservoir, as defined, where certain recreational activities are permitted, except a privately owned reservoir that is not open to the public, and where nonnative dreissenid mussels have not been detected, to assess the vulnerability of the reservoir for the introduction of nonnative dreissenid mussel species and to develop and implement a program designed to prevent the introduction of that species.

Existing law requires the owner of a vessel, as described, to register the vessel in accordance with prescribed requirements. Existing law establishes a registration fee for vessels. Existing law imposes an additional fee, known as the quagga and zebra mussel infestation prevention fee, in specified amounts, as determined by the Division of Boating and Waterways, on a vessel required to pay that fee, and requires funds from the fee, upon appropriation by the Legislature, to be used to, among other things, implement and administer dreissenid mussel monitoring, inspection, and infestation prevention programs, as prescribed. Existing law requires the division to award grants from those funds to entities that own or manage reservoirs described above for the reasonable regulatory costs incident to the implementation of a dreissenid mussel infestation prevention plan.

This bill would authorize the Division of Boating and Waterways to award grants from funds generated from the quagga and zebra mussel prevention infestation fee to those entities, including a local sponsor of a reservoir owned or operated by a federal agency, district, or authority, required by the director to implement a dreissenid mussel infestation prevention plan and to those entities required to implement a dreissenid mussel control program, for the reasonable regulatory costs to implement the plan or program, as specified.

This bill would additionally impose a quagga and zebra mussel infestation prevention fee, in an amount to be determined by the division not to exceed a maximum annual amount of $50, on a nonresident owner of a vessel to be paid by that owner before placing the vessel on the waterways of the state. The bill would require the division to prescribe procedures for the collection and use of those fees. The bill would require that all revenues collected from the fee be deposited into the Harbors and Watercraft Revolving Fund and used for the dreissenid mussel control program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.