Existing law prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of enumerated Caulerpa species, except possession for bona fide scientific research, as provided. Existing law subjects any person who violates these provisions to a specified civil penalty and to specified infraction or misdemeanor penalties.

This bill would instead prohibit a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration all salt water algae of the genus Caulerpa, except that possession for bona fide scientific research.

Because this bill expands the scope of conduct subject to criminal penalties, the bill would impose a state-mandated local 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.

Existing law prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of enumerated Caulerpa species, except possession for bona fide scientific research, as provided. Existing law subjects any person who violates these provisions to a specified civil penalty and to specified infraction or misdemeanor penalties.

This bill would instead prohibit a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration all salt water algae of the genus Caulerpa, except that possession for bona fide scientific research.

Because this bill expands the scope of conduct subject to criminal penalties, the bill would impose a state-mandated local 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.

Existing law prohibits the use of explosives in the waters of this state inhabited by fish, except under a permit first obtained by the user from the Department of Fish and Wildlife consistent with terms and conditions set by the Fish and Game Commission, or except in case of emergency, to remove an accidental obstruction to the flow of water.

This bill would make a nonsubstantive change to this provision.

 CONSENT  

Bill No: AB 655

Author: Petrie-Norris (D)

Amended: 2/23/23 in Assembly

Vote: 21

SENATE NATURAL RES. & WATER COMMITTEE: 11-0, 6/22/23

AYES: Min, Seyarto, Allen, Dahle, Grove, Hurtado, Laird, Limón, McGuire, Padilla, Stern

SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8

ASSEMBLY FLOOR: 79-0, 4/27/23 (Consent) - See last page for vote

SUBJECT: Fish and wildlife: aquatic invasive species: Caulerpa

SOURCE: California Coastkeeper Alliance

DIGEST:

This bill expands the prohibition from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration for specific species of Caulerpa, a genus of salt water algae, to all Caulerpa species due to their invasive potential.

ANALYSIS:

Existing law:

1. Prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of the following Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis.
2. Authorizes a person to possess these certain Caulerpa species for bona fide scientific research, as determined by the California Department of Fish and Wildlife (CDFW), upon authorization, as provided (Fish and Game Code (FGC) §2300).
3. Subjects any person who violates these provisions to a civil penalty of not less than $500 and not more than $10,000 for each violation, in addition to any other penalty provided by law (FGC §2300).

This bill expands the prohibition from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration for specific species of Caulerpa, a genus of salt water algae, to all Caulerpa species due to their invasive potential. Specifically, this bill:

1. Prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of the genus Caulerpa.
2. Authorizes a person to possess salt water algae of the genus Caulerpa upon authorization by the department for bona fide scientific research, as provided.

Background

Caulerpa is a genus of salt water algae mostly found in tropical regions, although its distribution appears to extend to temperate locations. Caulerpa species are typically found in shallow intertidal zones and can also be found in depths of up to 100 meters. There are 105 identified species of Caulerpa. According to the author, Caulerpa is one of the most sought after algae for marine aquariums, and it is possible to spread the algae to the environment through materials discarded from aquariums.

Species of Caulerpa are known to be able to adapt and thrive in different environmental conditions, contributing to their potential to become invasive species. Some of their relevant traits include having a high tolerance for a wide range of temperatures, capacity for asexual reproduction, and fast growth rates, among others.

There are no Caulerpa species native to California. Caulerpa species pose a substantial threat due to its invasive potential to marine ecosystems in California, particularly to the extensive eelgrass meadows and other sea floor environments that contribute to the productivity of coastal waters and their ecosystems. According to CDFW’s website, Caulerpa species can choke out native seaweeds and potentially harm marine life through loss of food and habitat.

The Federal Noxious Weed Act (1999) and the Federal Plant Protection Act (2000) prohibit the import, interstate sale (including Internet sale), and transport of the Mediterranean strain (i.e., aquarium strain) of Caulerpa taxifolia.

In 2001, the Legislature enacted prohibitions on nine specific species of Caulerpa. At that time, there was an outbreak of Caulerpa taxifolia in coastal southern California that ultimately took six years and $7 million to eradicate from near Carlsbad and from Huntington Harbor in Orange County. The additional Caulerpa species were included in the law because of the difficulty to distinguish among them. According to the author, the marine aquaria industry resisted a ban of the entire genus.

Some species of Caulerpa remain available for sale in California. In addition, many species are readily available from online sources. Caulerpa prolifera, native to Florida, was not previously considered a species of concern in California, and is now being sold for aquaria use. Caulerpa prolifera became part of a recent Caulerpa outbreak in Newport Bay in March 2021. The existing prohibition on the sale of some Caulerpa species did not prevent this outbreak. CDFW with federal, state, and local partners are working together to address the immediate need to remove the invasive algae Caulerpa prolifera from Newport Bay. 

Comments

Risks posed by Caulerpa to the public good.

The potential multi-million dollar costs to CDFW and other public entities to address the invasive spread of Caulerpa algae in the state’s coastal environment appear to easily outweigh the benefits to private aquaria owners. According to the Assembly Water, Parks, and Wildlife Committee’s bill analysis, San Diego has recognized this, and adopted an ordinance banning the possession, sale, and transport of the entire genus of Caulerpa within city limits.

Related/Prior Legislation

AB 2512 (Bloom, 2022) would have prohibited the importation of live aquatic plant species into the state without prior approval, among other provisions. (The bill was held in the Assembly Appropriations Committee.)

AB 1334 (Harman, Chapter 338, Statutes of 2001) established the prohibitions relating to specific species of Caulerpa.

FISCAL EFFECT: Appropriation: No Fiscal Com.: Yes Local: Yes

SUPPORT: (Verified 7/3/23)

California Coastkeeper Alliance (source)

Audubon California

Bolsa Chica Conservancy

California Association of Professional Scientists

California Coastal Protection Network

California State Lands Commission

Coachella Valley Waterkeeper

Humboldt Baykeeper

Huntington Beach Wetlands Conservancy

Inland Empire Waterkeeper

Los Angeles Waterkeeper

Marine Taxonomic Services, Ltd.

Monterey Waterkeeper

Orange County Coastkeeper

Russian Riverkeeper

San Diego Coastkeeper

Santa Barbara Channelkeeper

Sierra Club California

Surfrider Foundation

The Otter Project

OPPOSITION: (Verified 7/3/23)

None received

ARGUMENTS IN SUPPORT: According to the author, “In 2001 California attempted to ban all species of the genus Caulerpa, and a partial ban has proven to be only partially effective. Without a total ban, other infestations of Caulerpa are all but guaranteed to continue; all it takes is a single piece of algae to find its way into the ocean. AB 655 will work to protect our coastal ecosystems and native seagrasses from this serious invasive genus of algae.”

ASSEMBLY FLOOR: 79-0, 4/27/23

AYES: Addis, Aguiar-Curry, Alanis, Alvarez, Arambula, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Juan Carrillo, Wendy Carrillo, Cervantes, Chen, Connolly, Megan Dahle, Davies, Dixon, Essayli, Flora, Mike Fong, Vince Fong, Friedman, Gabriel, Gallagher, Garcia, Gipson, Grayson, Haney, Hart, Holden, Hoover, Irwin, Jackson, Jones-Sawyer, Kalra, Lackey, Lee, Low, Lowenthal, Maienschein, Mathis, McCarty, McKinnor, Muratsuchi, Stephanie Nguyen, Ortega, Pacheco, Papan, Joe Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ramos, Reyes, Luz Rivas, Robert Rivas, Rodriguez, Blanca Rubio, Sanchez, Santiago, Schiavo, Soria, Ta, Ting, Valencia, Villapudua, Waldron, Wallis, Ward, Weber, Wicks, Wilson, Wood, Zbur, Rendon

NO VOTE RECORDED: Jim Patterson

Prepared by: Katharine Moore / N.R. & W. / (916) 651-4116

7/5/23 14:50:54

**** END ****

SENATE COMMITTEE ON NATURAL RESOURCES AND WATER

Senator Dave Min, Chair

2023 - 2024 Regular

Bill No: AB Hearing Date: June 22, 2023

Subject: Fish and wildlife: aquatic invasive species: Caulerpa

BACKGROUND AND EXISTING LAW

1. Caulerpa is a genus of salt water algae mostly found in tropical regions, although its distribution appears to extend to temperate locations. Caulerpa species are typically found in shallow intertidal zones and can also be found in depths of up to 100 meters. There are 105 identified species of Caulerpa. According to the author, Caulerpa is one of the most sought after algae for marine aquariums, and it is possible to spread the algae to the environment through materials discarded from aquariums.
2. Species of Caulerpa are known to be able to adapt and thrive in different environmental conditions, contributing to their potential to become invasive species. Some of their relevant traits include having a high tolerance for a wide range of temperatures, capacity for asexual reproduction, and fast growth rates, among others.
3. There are no Caulerpa species native to California. Caulerpa species pose a substantial threat due to its invasive potential to marine ecosystems in California, particularly to the extensive eelgrass meadows and other sea floor environments that contribute to the productivity of coastal waters and their ecosystems. According to the California Department of Fish and Wildlife’s (CDFW’s) website, Caulerpa species can choke out native seaweeds and potentially harm marine life through loss of food and habitat.
4. The Federal Noxious Weed Act (1999) and the Federal Plant Protection Act (2000) prohibit the import, interstate sale (including Internet sale), and transport of the Mediterranean strain (i.e., aquarium strain) of Caulerpa taxifolia.
5. In 2001, the Legislature enacted prohibitions on nine specific species of Caulerpa. At that time, there was an outbreak of Caulerpa taxifolia in coastal southern California that ultimately took six years and $7 million to eradicate from near Carlsbad and from Huntington Harbor in Orange County. The additional Caulerpa species were included in the law because of the difficulty to distinguish among them. According to the author, the marine aquaria industry resisted a ban of the entire genus.
6. Some species of Caulerpa remain available for sale in California. In addition, many species are readily available from online sources. Caulerpa prolifera, native to Florida, was not previously considered a species of concern in California, and is now being sold for aquaria use. Caulerpa prolifera became part of a recent Caulerpa outbreak in Newport Bay in March 2021. The existing prohibition on the sale of some Caulerpa species did not prevent this outbreak. CDFW with federal, state, and local partners are working together to address the immediate need to remove the invasive algae Caulerpa prolifera from Newport Bay. 
7. Existing law prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of the following Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis. Existing law authorizes a person to possess these certain Caulerpa species for bona fide scientific research, as determined by CDFW, upon authorization, as provided (Fish and Game Code (FGC) §2300).
8. Existing law subjects any person who violates these provisions to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation, in addition to any other penalty provided by law (FGC § 2300).

PROPOSED LAW

This bill would expand the prohibitions related to specific species of Caulerpa to all Caulerpa species. Specifically, this bill would:

1. Prohibit a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of the genus Caulerpa.
2. Authorize a person to possess salt water algae of the genus Caulerpa upon authorization by the department for bona fide scientific research, as provided.

ARGUMENTS IN SUPPORT

According to the author, “In 2001 California attempted to ban all species of the genus Caulerpa, and a partial ban has proven to be only partially effective. Without a total ban, other infestations of Caulerpa are all but guaranteed to continue; all it takes is a single piece of algae to find its way into the ocean. AB 655 will work to protect our coastal ecosystems and native seagrasses from this serious invasive genus of algae.”

ARGUMENTS IN OPPOSITION

None received

COMMENTS

Risks posed by Caulerpa to the public good.

The potential multi-million dollar costs to CDFW and other public entities to address the invasive spread of Caulerpa algae in the state’s coastal environment appear to easily outweigh the benefits to private aquaria owners. According to the Assembly Water, Parks, and Wildlife Committee’s bill analysis, San Diego has recognized this, and adopted an ordinance banning the possession, sale, and transport of the entire genus of Caulerpa within city limits.

Enforcement of the existing Caulerpa prohibition.

According to the Assembly Water, Parks, and Wildlife Committee’s bill analysis, there were two cases filed in Los Angeles County in 2006 and 2007. The District Attorney declined to prosecute these cases, which were identified by the U.S. Department of Agriculture. There were also cases filed in Los Angeles County in 2008, 2012, and 2016; and one case in Orange County in 2012. In the 2016 case, the subject pled guilty and was issued a $2,400 fine. The outcome of the other cases is not known at this time. There is currently an open investigation regarding Caulerpa in Los Angeles County.

Recent related legislation

AB 2512 (Bloom, 2022) would have prohibited the importation of live aquatic plant species into the state without prior approval, among other provisions. (This bill was held in the Assembly Appropriations Committee.)

AB 1334 (Harman, Chapter 338, Statutes of 2001) established the prohibitions relating to specific species of Caulerpa.

SUGGESTED AMENDMENTS: none

SUPPORT

California Coastkeeper Alliance (sponsor)

Audubon California

Bolsa Chica Conservancy

California Association of Professional Scientists

California Coastal Protection Network

California State Lands Commission

Coachella Valley Waterkeeper

Humboldt Baykeeper

Huntington Beach Wetlands Conservancy

Inland Empire Waterkeeper

Los Angeles Waterkeeper

Marine Taxonomic Services, Ltd.

Monterey Waterkeeper

Orange County Coastkeeper

Russian Riverkeeper

San Diego Coastkeeper

Santa Barbara Channelkeeper

Sierra Club California

Surfrider Foundation

The Otter Project

Three individuals

OPPOSITION

None Received

-- END --

Date of Hearing: April 19, 2023

ASSEMBLY COMMITTEE ON APPROPRIATIONS

Chris Holden, Chair

ABPCA Bill Id:AB 655

Author:(Petrie-Norris) – As Amended Ver:February 23, 2023

Urgency: No State Mandated Local Program: Yes Reimbursable: No

SUMMARY:

This bill expands an existing prohibition on selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration a specific species of Caulerpa – a genus of salt water algae – to the entire genus Caulerpa, except possession for bona fide scientific research, as determined and upon authorization by the California Department of Fish and Wildlife (CDFW).

FISCAL EFFECT:

1) CDFW anticipates no costs as a result of this bill.

2) Minor and absorbable costs to Department of Justice (DOJ). However, DOJ notes while this bill will not result in significant costs to the department, as numerous bills this session may result in no significant impact to DOJ, should an aggregate of these bills get signed into law, DOJ would need to submit a budget change proposal for additional resources for DOJ’s increased workload.

COMMENTS:

1) Purpose. According to the author:

Without a total ban, other infestations of Caulerpa are all but guaranteed to continue; all it takes is a single piece of algae to find its way into the ocean. This bill will work to protect our coastal ecosystems and native seagrasses from this serious invasive genus of algae.

2) Background. This bill seeks to expand prohibitions related to specific species of Caulerpa to all Caulerpa species. Caulerpa is a genus of salt water algae mostly found in tropical regions; however, its distribution may also extend to temperate locations. Diversity is highest in the Caribbean and Indo-Malay region, as well as in southern Australia, where a majority of Caulerpa species are endemic. According to AlgaeBase, there are 105 identified species of Caulerpa. While there are no Caulerpa species native to California, they pose a substantial threat to marine ecosystems in the state. They are known to be able to adapt and thrive in different environmental conditions, which contributes to their potential for becoming invasive. Caulerpa is one of the most sought after algae for marine aquariums, and it is possible to spread the algae through materials discarded from aquariums.

In 2001, the Legislature enacted prohibitions on nine specific species of Caulerpa. At the time, Caulerpa taxifolia was displacing natural vegetation and native marine life in the marine ecosystem of southern California. Other species were included in the bill because of the difficulty in distinguishing among the included species. Following a multi-year, multi-million dollar eradication effort, Caulerpa taxifolia was eliminated from Carlsbad and from Huntington Harbor in Orange County.

San Diego also has adopted an ordinance banning the possession, sale, and transport of the entire genus of Caulerpa within city limits. The Federal Noxious Weed Act (1999) and the Federal Plant Protection Act (2000) prohibit the import, interstate sale (including internet sale), and transport of the Mediterranean strain of Caulerpa taxifolia.

While specific Caulerpa species are no longer allowed to be sold in California, other species are still available for sale and the availability of online sources of these species has greatly expanded. Since 2001, the state and federal government have considered the entire genus of Caulerpa to be an environmental threat given its desirability for aquarium use and its extreme potential to become invasive in environments to which it is not native. Caulerpa prolifera, which was not previously considered a species of concern in California, is now being sold for aquariums and was part of an outbreak in Newport Bay in March 2021.

Analysis Prepared by: Nikita Koraddi / APPR. / (916) 319-2081

Date of Hearing: March 28, 2023

ASSEMBLY COMMITTEE ON WATER, PARKS, AND WILDLIFE

Rebecca Bauer-Kahan, Chair

ABPCA Bill Id:AB 655 (

Author:Petrie-Norris) – As Amended Ver:February 23, 2023

SUBJECT: Fish and wildlife: aquatic invasive species: Caulerpa

SUMMARY: Prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration all salt water algae of the genus Caulerpa, except possession for bona fide scientific research.

EXISTING LAW:

1. Prohibits a person from selling, possessing, importing, transporting, transferring, releasing alive in the state, or giving away without consideration the salt water algae of the following Caulerpa species: taxifolia, cupressoides, mexicana, sertulariodes, floridana, ashmeadii, racemosa, verticillata, and scapelliformis (FGC § 2300).
2. Authorizes a person to possess Caulerpa species for bona fide scientific research, as determined by DFW, upon authorization (FGC § 2300).
3. Subjects any person who violates these provisions to a civil penalty of not less than five hundred dollars ($500) and not more than ten thousand dollars ($10,000) for each violation, in addition to any other penalty provided by law (FGC § 2300).

FISCAL EFFECT: Unknown. This bill is keyed fiscal.

COMMENTS:

1. Purpose of this bill. This bill seeks to expand the prohibitions related to specific species of Caulerpa to all Caulerpa species. According to the author, “Without a total ban, other infestations of Caulerpa are all but guaranteed to continue; all it takes is a single piece of algae to find its way into the ocean. This bill will work to protect our coastal ecosystems and native seagrasses from this serious invasive genus of algae.”
2. Background. Caulerpa is a genus of salt water algae mostly found in tropical regions; however, its distribution may also extend to temperate locations. Diversity is highest in the Caribbean and the Indo-Malay region, as well as in southern Australia, where a majority of Caulerpa species are endemic. According to AlgaeBase, there are 105 identified species of Caulerpa.^[1] There are no Caulerpa species native to California. Caulerpa species pose a substantial threat to marine ecosystems in California, particularly to the extensive eelgrass meadows and other sea floor environments that make coastal waters such a rich and productive environment.
   
   The genus is typically found in shallow intertidal zones and can reach up to depths of 100 meters. They are known to be able to adapt and thrive in different environmental conditions, which contributes to their potential for becoming invasive species. Some of their traits include having a high tolerance for a wide range of temperatures, capacity for asexual reproduction, fast growth rate, as well as the capacity for nutrient intake from sediments.^[2] Caulerpa is one of the most sought after algae for marine aquariums and it is possible to spread the algae through materials discarded from aquariums.
   
   Existing prohibitions. In 2001, the Legislature enacted prohibitions on nine specific species of Caulerpa. At that time, Caulerpa taxifolia was causing issues in the marine ecosystem of southern California. Other species were included in the bill because of the difficulty in distinguishing among the included species. Following a multi-year, multi-million dollar eradication effort, Caulerpa taxifolia was eliminated from near Carlsbad and from Huntington Harbor in Orange County.
   
   There have been some enforcement cases relating to the Caulerpa prohibition. There were two cases filed in Los Angeles County in 2006 and 2007. The District Attorney declined to prosecute these cases, which were identified by the U.S. Department of Agriculture. There were also cases filed in Los Angeles County in 2008, 2012, and 2016; and one case in Orange County in 2012. In the 2016 case, the subject plead guilty and was issued a $2,400 fine. The outcome of the other cases in not known at this time. There is currently an open investigation regarding Caulerpa in Los Angeles County.
   
   San Diego also has adopted an ordinance banning the possession, sale, and transport of the entire genus of Caulerpa within city limits. The Federal Noxious Weed Act (1999) and the Federal Plant Protection Act (2000) prohibit the import, interstate sale (including Internet sale), and transport of the Mediterranean strain (i.e., aquarium strain) of Caulerpa taxifolia.
   
   Recent issues. While specific Caulerpa species are no longer allowed to be sold in California, other species are still available for sale. Since 2001, the availability of online sources of these species has greatly expanded. Since 2001, the entire genus of Caulerpa has been considered an environmental threat given its desirability for aquaria use and its extreme potential to become invasive in environments to which it is not native. Caulerpa prolifera, which was not previously considered a species of concern in California, is now being sold for aquaria and became part of an outbreak in Newport Bay in March 2021.^[3]
3. Arguments in support. A coalition of environmental and ocean-focused organizations writes in support, stating that “[w]ithout a total ban, other infestations of Caulerpa are all but guaranteed to continue; all it takes is a single piece of algae to find its way into the ocean. Moreover, while Caulerpa is a popular alga in the salt-water aquarium hobby, there are several alternatives. This bill will work to protect our coastal ecosystems and native seagrasses from this serious invasive genus of algae.”
4. Related legislation. AB 1334 (Harman), Chapter 338, Statutes of 2001, established the prohibitions relating to specific species of Caulerpa.

REGISTERED SUPPORT / OPPOSITION:

Support

Audubon California
California Coastal Protection Network
California Coastkeeper Alliance
Coachella Valley Waterkeeper
Humboldt Baykeeper
Huntington Beach Wetlands Conservancy
Inland Empire Waterkeeper
Los Angeles Waterkeeper
Marine Taxonomic Services, Ltd.
Monterey Waterkeeper
Orange County Coastkeeper
Russian Riverkeeper
San Diego Coastkeeper
Santa Barbara Channelkeeper
Sierra Club California
Surfrider Foundation
The Otter Project

Opposition

None on file

Analysis Prepared by: Keith Cialino / W., P., & W. / (916) 319-2096

1. https://www.algaebase.org/browse/taxonomy/#8295 ↑

2. https://www.fisheries.noaa.gov/west-coast/habitat-conservation/caulerpa-species-west-coast ↑

3. https://wildlife.ca.gov/Conservation/Invasives/Species/Caulerpa ↑