Official Summary Text
AB 1772, as amended, Papan.
Fish and wildlife: invasive mussels.
Existing law, until January 1, 2030, 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 in the state, invasive
mussels.
mussels, and authorizes the Director of Fish and Wildlife or the director’s designee to engage in various enforcement activities, including ordering the areas in conveyance that contain water be drained, dried, or decontaminated, as provided.
Existing law requires a public or private agency that operates a water supply system to cooperate with the Department of Fish and Wildlife to implement measures to avoid infestation by invasive mussels and to control or
eradicate any infestation that may occur in a water supply system. Existing law requires, if invasive mussels are detected, the operator of a water supply system to, in cooperation with the department, prepare and implement a plan to control or eradicate invasive mussels within the system, and eliminate or minimize any potential downstream transport of an invasive mussel. Existing law requires, on or before December 31, 2026, the department to review all approved plans and require all plans that do not specifically address all invasive mussel species known to be present in bodies of water in the state as of January 1, 2026, to be updated or revised appropriately to include all invasive mussel species, on or before September 30, 2027. Existing law requires every invasive mussel species to be addressed in a plan no later than 180 days from the date that the species is listed in a certain regulation. Existing law defines “invasive mussel” for these purposes as any nonnative detrimental mussel, as provided.
Under existing law, except as otherwise provided, any violation of the Fish and Game Code, or of any rule, regulation, or order made or adopted under the code, is a crime.
This bill would
prohibit a conveyance from being launched until a specified drying period has completed, as provided. By expanding the scope of a crime, this bill would impose a state-mandated local program. The bill would
require the department to require water supply system operators to update their plans to address all invasive mussel species present in the operator’s water system as of January 1, 2026, as provided. The bill would require a plan to address every invasive mussel species detected in a water supply system after January 1, 2026, no later than 180 days from the date the species is detected. The bill would require a
plan to minimize or eliminate the spread of invasive mussels. The bill would revise the definition of “invasive mussel” to mean any nonnative biofouling mussel, as provided. By expanding the scope of a crime, the bill would impose a state-mandated local program.
This bill would authorize the department to decontaminate or order decontamination of a conveyance found or reasonably believed to harbor aquatic invasive species and would require the department to establish standards and protocols for decontaminating conveyances and disposing of organisms and organic materials, as specified. The bill would authorize a law enforcement officer to detain or impound a conveyance if a person refuses to submit to a decontamination or, due to personal hardship, is unable to immediately accompany the conveyance for decontamination. The bill would authorize the department to
issue an inspection, decontamination, or quarantine certificate to the owner or person in possession of a conveyance that has been inspected for adult or larval invasive mussels, and would authorize the department to attach a tamper-proof device to the conveyance to prevent the conveyance from coming into contact with waters of the state without being broken. Because a violation of these decontamination provisions would be a crime, the bill would impose a state-mandated local program.
This bill would require the department, in consultation with the Department of Parks and Recreation and the Department of Food and Agriculture, to develop a voluntary framework to prevent the overland spread of invasive mussels through the conveyance of watercraft overland. The bill would require the framework to include specified elements, including, among other elements, minimum standards for
watercraft inspection, decontamination, and quarantine and a banding program or other mechanisms by which to confirm the inspection, decontamination, or quarantine status of a watercraft.
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.