ISSUE: AQUATIC INVASIVE SPECIES

Introduction

Invasive species are non-native species that wreak environmental and economic havoc in an ecosystem beyond their native range. Experts estimate that invasive species cost the United States more than $135 billion annually. Aquatic invasive species, such as the zebra mussel, sea lamprey, and round goby, have reduced game fish populations, destroyed boat engines, blocked industrial water intake systems, reduced property values, made swimming areas unusable, and severely altered natural ecosystems. Invasive species are difficult and expensive to control because they reproduce and spread quickly. Control programs use a variety of methods, but prevention is the most cost-effective and beneficial approach. States are taking steps to control the spread of exotic species within their borders and to prevent the introduction of new invaders from other states. As they move between bodies of water, boaters sometimes inadvertently spread invasive species. Education and inspection efforts can limit this activity. The following surveys legislative action to prevent aquatic exotic species introductions and spread.

SERC policy packages on ballast water management and stopping the spread of invasive species contain supporting information on this issue. See the Stop Aquatic Hitchhikers Program for information on boat sticker programs. Visit Invasivespecies.gov for more comprehensive links to state exotic species control and prevention programs.

Federal Legislation

The National Aquatic Invasive Species Act of 2003 regulates ballast water to prevent the spread of aquatic nuisance species.

Existing State Laws and Regulations

Alabama
In 1995, the legislature passed the Nonindigenous Aquatic Plant Control Act that prohibits intentional aquatic exotic species introduction. The Act exempts accidental transport by boat.

Alaska
Alaska regulates ballast water discharge and noxious weeds.
For more information on ballast water discharge, see the Alaska Statutes, Title 46, Chapter 3, Section 750. For additional information on noxious weeds, see the Alaska Administrative Code, Title 11, Part 4, Chapter 34.

Arizona
Arizona regulates noxious weeds.
See the Arizona Revised Statutes, Title 3, Chapter 2, Article 1.

California
California has several invasive species laws, including eight that regulate ballast water. AB 1334, chaptered in 2001, tightens restrictions and penalties on ownership and propagation for aquatic plants, fish, reptiles, and amphibians. It specifically prohibits the possession and transfer of salt water algae of enumerated Caulerpa species. The state has a monitoring and eradication program for hydrilla.

Colorado
Colorado has a noxious weed law. The state publishes a list of problematic plants and directs attention toward the top ten most harmful of these. For more information about the Colorado Noxious Weed Act, see the Colorado Revised Statutes, Title 35, Article 5.5.

Delaware
The state’s rules and regulations for noxious weed control gives the Department of Agriculture the authority to control listed plants. It also makes propagating the species illegal.

Florida
Florida publishes a noxious weed list under the federal Noxious Weed Act. It also specifically regulates aquatic species by requiring a permit for possession and transport of non-native species. The Florida Nonindigenous Aquatic Plant Control Act divides the state into six management districts with specific eradication techniques. The Act gives the Department of Environmental Quality authority to treat invasive species with mechanical, chemical, and biological controls. Anyone, including government agencies, must receive a permit from the Department of Agriculture to distribute noxious weeds and biological control agents.

Hawaii
In the last three years, Hawaii has introduced and passed numerous invasive species bills, including 2 bills in 2003, 12 bills in 2002, and 8 bills in 2001.

These bills create a comprehensive plan that includes:

• A list of prohibited species;
• Special management consideration for macroalgae;
• A target plan for Maui;
• The earmarking of a portion of airport landing fees and the harbor port entry, dockage, and wharfage fees for invasive species control and prevention;
• The creation the Hawaii Invasive Species Council; and
• The establishment and funding of the Pacific Center for Ecosystem Science.

Link to specific bill information here.

Idaho
In 2003, the Idaho Invasive Species Act, HO 212, was passed.

Illinois
In addition to the Illinois Noxious Weed Law, the Harmful Aquatic Species Act, SB 957, was passed to curb the spread of exotic species. The Act requires long-term management plans for specific invasive species, starting with Eurasian water milfoil and purple loosestrife. It also mandates public outreach, inspection efforts, annual reporting, and significant coordination between public and private agencies. Under the Act, prohibited species are listed and the Department of Natural Resources is granted the authority to categorize other species’ threats and to restrict activity in infested water bodies.

Iowa
Iowa has a noxious weed law.
See Iowa Code, Chapter 317, Section 1A.

Kansas
Kansas has multiple noxious weed rules.
See Chapter 2, Article 13 of the Kansas Statutes.

Maine
In 2002, Maine initiated a lake and river protection sticker program to fund aquatic invasive species control efforts. Boaters are required to purchase and display a $20 sticker. Money, which is collected from the sale of stickers or fines for display violations ($500 - $2,500 fine), is used for enforcing laws pertaining to invasive aquatic plants, inspecting watercraft for invasive aquatic plant materials, educational and informational efforts targeted at invasive aquatic plant prevention, eradication and management activities, and the production and distribution of the stickers themselves.

Inland Fisheries and Wildlife implements a program (at least 5,000 hours at 10 locations) to inspect watercraft, watercraft trailers, and outboard motors at or near the border of the state and at boat launching sites for the presence of invasive aquatic plants, and to provide educational materials to the public and to watercraft owners regarding invasive aquatic plants. Inland Fisheries and Wildlife also has the authority to restrict or prohibit the use of any watercraft on all, or a portion of, a water body that has a confirmed infestation of an invasive aquatic plant.

Maryland
Maryland has ballast water regulations and has piloted research programs on nutria and nonnative oyster species.

Michigan
In 1999, the Michigan Office of Great Lakes in the Department of Environmental Quality published an analysis of exotic species policy in the Great Lakes. Michigan publishes a list of prohibited and restricted weeds, regulates ballast water, and requires a permit for chemical control of aquatic nuisance species.

Minnesota
The Minnesota Department of Agriculture publishes a list of noxious plants. Some of these species are totally prohibited and others are allowed under specific conditions. No aquatic plants may be transported anywhere in the state. In addition, each year, the Minnesota Department of Natural Resources identifies and designates waters, which contain populations of Eurasian watermilfoil, zebra mussel, ruffe, round goby, spiny water flea, and white perch, as infested. In areas designated as such, transport of water and animals is prohibited. Commercial fishing equipment used in these areas must be frozen or dried before it can be moved to a separate water body.

Mississippi
The Mississippi Department of Agriculture and Commerce publishes a black list of nuisance species and targets special attention to eradicating the boll weevil and the imported fire ant.

Missouri
The Missouri Plant Law (Missouri Revised Statutes, Title 17, Chapter 263) regulates insect pests and weeds. In 2000, SB 723 was passed, which created the Invasive Species Council. The council oversees implementation of the act, encourages planning, develops recommendations, facilitates sharing of information, and creates and updates an Invasive Species Management Plan.

Montana
The Montana Department of Agriculture publishes a noxious weed list.

Nebraska
The Nebraska Department of Agriculture’s Bureau of Plant Industry has a noxious weed program.

Nevada
Nevada has multiple nuisance weed and pest species rules.

New Hampshire
The New Hampshire Revised Statutes, Title L, Chapter 487, Section 16-a restricts the sale, distribution, importation, purchase, propagation, transportation, or introduction of exotic aquatic plants.
For more information, see the New Hampshire Department of Environmental Services’ fact sheet on exotic aquatic weeds.

New Mexico
New Mexico has laws regulating harmful plants and noxious weeds.
For more information regarding the noxious weed management law, see the Statutory Chapters in New Mexico Statutes Annotated, Chapter 76, Article 7D. To see the harmful plant law, go to the Statutory Chapters in New Mexico Statutes Annotated, Chapter 76, Article 7A.

New York
In 2003, SO 3522 was passed to establish an invasive species task force. The state also has a noxious weed law.

North Carolina
North Carolina’s Aquatic Weed Control Act of 1991 (Chapter 113A, Article 15, Section 220) gives the Department of Agriculture the power to restrict ownership and transport of problematic species. The Plant Protection and Conservation Act (Chapter 106, Article 19B) creates a board to oversee conservation activities of threatened and endangered species, which may also include eradication plans for exotic species. In addition, the state publishes a list of illegal species as part of their noxious weed law.

North Dakota
North Dakota makes noxious weed control every landowner’s responsibility.

Ohio
Ohio both prohibits and restricts noxious weeds.

Oklahoma
Oklahoma requires landowners to eradicate noxious weeds.

Oregon
In 2001, HB 2181 established the Invasive Species Council to encourage reporting of invasive species and to promote educational and outreach activities. The council was given grant-making authority and was directed to create a plan to prevent and minimize the effects of invasive species within the state. The state also publishes quarantines on problematic species.

Pennsylvania
The state regulates boating activities and publishes a list of noxious weeds.

South Carolina
The South Carolina Department of Natural Resources’s Aquatic Nuisance Species Program provides a list of aquatic plant species, which are illegal to possess, import, or distribute in the state.

South Dakota
South Dakota has noxious weed laws and plant quarantine policies.

Texas
Title 5, Chapter 78 of the Texas Agriculture Code provides for the establishment of noxious weed control districts.

Utah
The state’s Noxious Weed Law requires publication of a list of illegal species.

Virginia
In 2003, HB 2436 established the Invasive Species Council, responsible for leading the state’s efforts regarding prevention and control of invasive species and preparation of an invasive species management plan. In the same year, HB 2752, the Nonindigenous Aquatic Nuisance Species Act was passed. The bill identifies several species of wildlife as nonindigenous aquatic nuisance species (NANS) – zebra mussel, quagga mussel, and snakehead fish – and gives the Board of Game and Inland Fisheries the authority to declare other species as NANS. The bill makes it illegal to possess, import, sell, give, receive, transport, or introduce these animals, but provides for permits for legitimate research. The state also regulates ballast water and noxious plants.

Washington
Washington regulates ballast water and publishes a noxious species list.

Wisconsin
Wisconsin has a noxious species law. The state requires a permit for invasive aquatic species removal so that native species can be protected.

Wyoming
Wyoming publishes a list of prohibited species as part of its noxious plant law.