Regulating the transportation of aquatic plants and aquatic animals, the administration of federal funds for the control and eradication of noxious weeds, the placement of vehicles, seaplanes, watercraft, and other objects in navigable waters, the regulation of noxious weeds by municipalities, the disposal of invasive species, providing an exemption from rule-making procedures, requiring the exercise of rule-making authority, and providing a penalty

Current law authorizes a law enforcement officer to order a person to remove aquatic plants from a boat before placing the boat in a navigable water and to remove a boat from, or to not place a boat in, a navigable water if the law enforcement officer has reason to believe that the boat has aquatic plants attached. This bill broadens this authority to allow a law enforcement officer to order removal of aquatic animals in addition to aquatic plants and to order their removal from any vehicle, seaplane, watercraft, or other object of any kind before placing it in a navigable water. Under this expanded authority a law enforcement officer may also order removal of any object from a navigable water.

Transportation of vehicles, watercraft, seaplanes, and other objects.

Current law prohibits any person, with certain exceptions, from transporting a boat on a highway if it has an invasive species attached to the boat. This bill expands this prohibition. Under this bill, no person may transport or operate a vehicle, watercraft, or other object of any kind on a highway with aquatic plants or aquatic animals attached. The bill also prohibits a person from taking off with a seaplane with such plants or animals attached. The bill also authorizes, with certain exceptions, a law enforcement officer to order a person not to take off with a seaplane or not to transport or operate a vehicle, watercraft, or other object on a highway if the law enforcement officer has reason to believe that it has aquatic plants or aquatic animals attached. Under the bill, the transportation restrictions do not apply to certain persons, including a person who transports commercial aquatic plant harvesting equipment for the purpose of cleaning the equipment to remove aquatic plants or aquatic animals or to a person who transports duckweed that is incidentally attached to the object being transported.

Invasive species compliance investigation and department authority Under current law, DNR administers a statewide program to control invasive species. This bill authorizes DNR, for the purpose of administering and enforcing the statewide invasive species program, to conduct compliance investigations. The bill authorizes a DNR warden or other DNR representative to enter certain premises, other than a dwelling, where invasive species are stored, where records relating to invasive species are kept, where vehicles, boats, equipment, or materials used to transport or hold invasive species are located, or where activities related to invasive species are conducted. It also authorizes DNR to inspect invasive species stored or possessed by any person, inspect records or reports relating to invasive species, take diagnostic samples, and seize and destroy certain invasive species.

This bill also establishes DNR's authority to hold hearings relating to any aspect of the administration of the statewide invasive species program. It also authorizes DNR to waive compliance with certain requirements of the program or shorten time periods under the program to the extent necessary to prevent an emergency condition threatening public health, safety, or welfare or the environment. The bill requires every state agency to cooperate with DNR in the administration of the statewide invasive species program where the interests of DNR and the respective state agency overlaps.

Rules Under current law, DNR is required to promulgate rules to identify, classify, and control invasive species for the purposes of the statewide invasive species program. This bill authorizes DNR to promulgate an emergency rule to identify, classify, or control an invasive species without providing evidence of an emergency.

Under the bill, a rule promulgated in this manner remains in effect until the earlier of two years after the rule's effective date, the repeal of the rule, or the date on which a corresponding permanent rule takes effect.

Other provisions Under current law, any person who owns land is required to destroy noxious weeds on that land. Noxious weeds are defined to include certain weeds such as Canada thistle, leafy spurge, and any other weed that a municipality or county by ordinance or resolution declares to be noxious within its respective borders. This bill expands the definition of a noxious weed to include any weed that DNR designates as a noxious weed by rule.

Under current law, with limited exceptions, no person may dispose of yard waste in a solid waste disposal facility. This bill provides that the prohibition does not apply to the disposal of plants that are classified by DNR as invasive species or seeds of those plants, if the plants or seeds are not commingled with other yard waste.