Arizona State Aquatic Invasive Species Management Plan (Based around AzGFD, USFWS, UA, AzDofAg as primary cooperative agencies) 2010 Acknowledgments 2 Table of Contents A. Executive Summary .......................................................................................................................... 5 B. Introduction ...................................................................................................................................... 6 C. Aquatic Invasive Species Problems and Concerns in Arizona ........................................................... 8 Freshwater Animals .......................................................................................................................... 9 Freshwater Plants ............................................................................................................................. 9 Algae ............................................................................................................................................... 10 D. Goals ............................................................................................................................................... 12 E. Existing Aquatic Invasive Species Authorities and Programs .......................................................... 13 State Authorities and Programs ...................................................................................................... 13 Arizona Animal Programs and Regulations ................................................................................. 13 Arizona Plant Programs and Regulations .................................................................................... 14 Federal Regulations ........................................................................................................................ 14 International Agreements ............................................................................................................... 14 F. Objectives, Strategies, Actions, and Cost Estimates ....................................................................... 16 Objective 1: Prevent new and unintended introductions of aquatic invasive species into the Colorado River and inland waters of Arizona. ................................................................................ 16 Objective 2: Limit the spread of established populations of aquatic invasive species into uninfested waters of the state........................................................................................................ 19 Objective 3: Abate/mitigate harmful ecological, economic, social and public health impacts resulting from infestations of aquatic invasive species. ................................................................. 22 G. Priorities for Action ........................................................................................................................ 26 Priority Species................................................................................................................................ 26 H. Planned Efforts Implementation Table .......................................................................................... 28 I. Program Evaluation and Monitoring................................................................................................ 33 Oversight ......................................................................................................................................... 33 Evaluation ....................................................................................................................................... 33 Reporting ........................................................................................................................................ 33 J. Glossary ........................................................................................................................................... 35 K. Literature Cited ............................................................................................................................... 37 L. Appendices and References ............................................................................................................ 39 3 Appendix A: Section 1204 of the National Invasive Species Act of 1996 ....................................... 39 Appendix B: Arizona Aquatic Invasive Species Management Plan, Public Review Information..... 41 Appendix C: Non-indigenous Aquatic Species in Arizona ............................................................... 42 Appendix D: Aquatic Invasive Species Authorities and Programs .................................................. 46 Appendix E: House Bill 2157, Ch 77, Director's Order 1, 2, & 3: Quagga/Zebra Mussels ............... 50 4 A. Executive Summary Aquatic Invasive Species (AIS) are a growing problem in Arizona. This document is an important step in the coordinated response to the problem and serves as an efficient means of communicating the scope of activities necessary to effectively address the issue. Several projects across the state have focused on isolated AIS plant and animal problems. The purpose of the Arizona State Aquatic Invasive Species Management Plan is to provide guidance on management actions to address the prevention, control and impacts of unwanted nonindigenous aquatic nuisance species that have invaded or may invade Arizona. State, federal and international AIS authorities and programs are briefly discussed to provide an understanding of our current ability to regulate and manage AIS. The development of a state management plan, as called for in Section 1204 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (P.L. 101-646) (NANPCA) provides an opportunity for federal cost-share support for implementation of the plan (Appendix A). Approval of this management plan by the national Aquatic Nuisance Species (ANS) Task Force is also required for Arizona to be eligible for federal cost-share support. Freshwater nonindigenous species that are known to have been found in Arizona are listed. Very little is known about the impact of many AIS and some have high commercial, recreational and aesthetic values. The plan identifies a small number of priority AIS that are considered to be highly detrimental, and worthy of immediate or continued management action. The management actions outlined in this plan concentrate on these priority species. The goal of this plan is To fully implement a coordinated strategy designed to prevent new unintended introductions of AIS into the Colorado River and inland waters of the state, to limit the spread of established populations of AIS into un-infested waters of the state, and to abate harmful ecological, economic, social and public health impacts resulting from infestation of AIS. Section 1204 requires that this management plan "identifies those areas or activities within the state, other than those related to public facilities, for which technical and financial assistance is needed to eliminate or reduce the environmental, public health and safety risks associated with aquatic nuisance species." This plan focuses on the identification of feasible, cost-effective management practices and measures to be taken on by state and local programs to prevent and control AIS infestations in a manner that is environmentally sound. The three main goals identified in the plan are structured to be achieved through the implementation of strategic actions and tasks designed to solve specific problems. The plan will be periodically revised and adjusted based upon the practical experience gained from implementation, scientific research, and new tools, as they become available. 5 The implementation table summarizes the plan’s funding from all sources. Implementing the programs outlined in this plan will require a coordinated tribal, Federal, State and private effort, and the dedication of significantly greater funding than is currently available. B. Introduction The introduction of nonindigenous aquatic invasive species (AIS) into the lower Colorado River and the inland waters of Arizona threatens the ecological integrity of the state’s water resources, as well as economic, public health and social conditions within our state. Because they have few natural controls in their new habitat, AIS spread rapidly, destroying native plant and animal habitat, damaging recreational opportunities, lowering property values, clogging waterways, impacting irrigation and power generation, and decrease overall biodiversity. The coordinated efforts contained within this plan are designed to protect the citizens of Arizona from the multitude of losses associated with AIS animals and plants. This plan focuses on eliminating the threat of accidental AIS introductions. The intentional introduction of nonindigenous species for aquaculture, commercial, or recreational purposes is addressed to insure that these beneficial introductions do not result in accidental AIS introductions, and to improve information sharing among those agencies responsible for regulating intentional introductions. The introduction of nonindigenous species is not a new phenomenon in Arizona. Numerous species are causing or threaten to cause significant problems throughout the state, from the Colorado River on the north and the west to the San Francisco Drainage on the east, and in many of the reservoirs created in between. Aquatic invasive species continue to cause problems and damage across the state of Arizona. The reasons for this are obvious. With its many reservoirs and warm weather, Arizona is a popular vacationing spot for boaters from the East. This opens an easy method of transfer, especially for species such as the quagga mussel, which has now become established in the state. For decades, sport fishing has brought numerous nonindigenous fish species into the state, from the eastern states and abroad. While restrictions now prohibit intentional introductions of many species, unintentional and illegal introductions will remain a concern. The growing aquaculture industry in the state as well as aquarium trade and backyard water gardening has brought many tropical aquatic species from around the world which easily become established in the warm climate that Arizona has yearlong. The alteration of Arizona watersheds with the building of reservoirs has altered the riparian habitat in many areas of the state, often in ways that favor AIS over those native and often endemic to the state. The potential for significant additional introductions continues for Arizona. New AIS seem to be poised to enter Arizona without the establishment of proper prevention methods. Having eradicated the presence of purple loosestrife that occurred in the 1980s, Arizona is the lone state out of the continental US without an established population. Giant salvinia has invaded portions of the lower Colorado. Quagga mussels have become established in various state waters. Each of these species has costly environmental, ecological, agricultural and industrial impacts. As these AIS become fully established in the reservoirs 6 that feed the extensive canal system in Arizona, the impact on water users and electrical utilities across the state will be widespread. These canals provide a rapid means of transport to waters across the state, and the cost would be immense to eradicate invaders such as mussel and plants that may plug water intakes and pumping stations. Arizona is in a unique position to focus efforts on prevention and control of several species that have caused millions of dollars of damages in other states. Numerous AIS have been introduced and dispersed in the Colorado River and the inland waters of Arizona by various pathways. The environmental and socioeconomic costs resulting from AIS infestation will only continue to rise with further successful AIS introductions. Although an awareness of the problems caused by AIS is emerging, the solutions to these problems are not readily apparent. This comprehensive state management plan for AIS provides guidance on management actions to prevent, control and limit the impacts of AIS that have invaded or may invade the Colorado River basin and inland waters. Arizona’s AIS Management Plan will be reviewed and revised periodically as a portion of the larger Arizona Invasive Species Management Plan. The specific tasks employed to accomplish our goals and objectives must remain flexible to assure efficiency and effectiveness. This version of the Arizona AIS Plan is a good first step towards identifying and integrating existing AIS programs, and implementing new programs, but future editions will be necessary to fully accomplish our goal. 7 C. Aquatic Invasive Species Problems and Concerns in Arizona dkb - This section requires ranking or prioritization of these problems. The most pressing problems, when listed, must include a rationale for deciding that these are the most pressing. ADDRESSED dkb - The plan must identify and discuss ALL likely ANS problems and at least have a general plan of attack for addressing the lower priority problems. WILL ADDRESS ? A growing number of invasive aquatic plant and animal species have adversely impacted the productivity and biodiversity of Arizona’s native species and altered a variety of aquatic ecosystems. Most introductions are the result of human activities, such as alterations to the waterways. Alterations such as damming and water diversion may favor AIS over native species. There are many ways organisms may be transported. Major pathways through which nonnative species are introduced into inland and state border waterways include aquaculture, aquarium trade, biological control, transport via recreational boating and fishing, research activities, and movement of nonnative species through channels and canals. Some introduction pathways, such as the aquaculture industry, are currently regulated to minimize the risk of new AIS introductions, while others have developed few or no precautions. Additional information regarding regulated pathways is listed in Appendix D. Threatened Impact of Aquatic Invasive Species Potential threats may be evidenced by the degree of negative impact these species have upon the environment, industry and the economy. Negative impacts include: loss of native biodiversity; potential for negative impacts to human health; threaten ESA listed species; altering ecosystem function and structure; alterations to aquatic habitat for native biota; increased costs of canal maintenance and fouled water intakes; potential impacts on power generation capabilities; impeded water transfer and interference with efficiency of water delivery systems; potential increase for water quality concerns; decreased recreational opportunities; increased safety concerns for swimmers; decreased property values; threaten aquaculture production 8 The following section on freshwater animals and plants provides information on nonindigenous species and discusses species of concern. These draft lists are intended to provide a basis for discussion and further work identifying the presence, distribution, status, and threat of AIS. These will be updated, maintained, categorized and standardized as new information is received and assimilated. Freshwater Animals A draft list of restricted freshwater nonindigenous animals in Arizona is included in Appendix B. The list is incomplete as the introductions of nonindigenous animals are continuous and the impacts of each may not be fully understood. Currently, more funding and research is needed regarding the management and control of AIS animals. The quagga mussel has been found in Arizona waters and is considered to be a priority AIS due to the degree of impact in the Colorado River Basin. There are no native species of crayfish in Arizona. Currently, Arizona has two non-native crayfish species that were originally introduced as a means of aquatic vegetation control, fishing bait, and aquaculture. Crayfish have had an immense adverse effect on the ecosystem they were introduced into, decreasing overall biodiversity of fish, amphibians, and macroinvertibrates. Crayfish have spread rapidly through the state and the introduction of additional crayfish species is of great concern. Both the rusty and northern crayfish are proposed for listing through AGFD AIS Directors Orders. Bullfrogs were initially introduced as a food source in Arizona. Bullfrogs compete with and often times prey on many aquatic animal species and have detrimental effects on native fish and amphibian populations. Bullfrogs often have detrimental effects on protected native species such as the Chiricahua leopard frog and Mexican garter snake. Other species of concern include New Zealand mudsnail, gizzard shad, redshiners, and mosquitofish. More detailed information on these priority species is included in Appendix C. Freshwater Plants Some invasive non-indigenous freshwater weeds pose a serious threat to Arizona state waters while the impacts of others are still undetermined. The freshwater nonindigenous plant species found in Arizona are listed in Appendix C, along with information on pathways of introduction and more detailed information on priority plant species and their impacts. Hydrilla (Hydrilla verticillata), Brazilian elodea (Egeria densa), and Parrotfeather (Myriophyllum aquaticum) are freshwater submersed species of concern in Arizona. 9 Purple loosestrife (Lythrum salicaria) is a priority emergent species that has spread throughout the continental US, but has not yet become established in Arizona. Through education of the public we have the opportunity to exclude this ecosystem-altering invader from our state. Giant Salvinia (Salvinia molesta) is a priority floating plant that is currently found in the Lower Colorado River. This aquatic fern has had major impacts to slow moving waters in the southeast U.S. and around the world. Giant salvinia is proposed for listing through AGFD AIS Directors Orders. Algae Although algae are taxonomically different from submersed and emergent aquatic vegetation, ecologically they are similar enough to include in a section on nonindigenous plants. As a group, algae are relatively cosmopolitan and sometimes noxious, and potentially toxic, blooms of cyanobacteria (more closely related to true bacteria than algae but included in this section) can occur in almost any water body given proper conditions for this to happen (usually associated with eutrophication). Large blooms of algae can and have caused numerous fish kills due to hypoxia/anoxia. Such events often occur on a seasonal basis. It is beyond the scope of this plan to address problems concerning eutrophication and toxicity of most species. In some cases, eutrophication is a natural condition of the waterbody in question while others are human caused. Cultural eutrophication, and its effects, is currently handled by agencies such as the Arizona Department of Environmental Quality who will assign limits on algae growth and water quality either on a regional or case-by-case basis. Since algae identification is not easily done in the field and since few in the state have the capability to accurately identify species, limited data exists on the spread or current distribution of noxious or potentially toxic species. One algal species appears to be a relatively recent introduction and has caused numerous and large fish kills; Prymnesium parvum. This species produces a potent ichthytoxin (prymnesin) and was first observed in Apache Lake in the Spring of 2004 following a fish kill. It then appeared to spread to downstream reservoirs causing fish kills of increasing magnitude. Since this time, numerous fish kills have been reported in urban lakes in the Phoenix Metropolitan area both connected and unconnected to the Salt River watershed. The exact environmental requirements for P. parvum growth and toxicity are not completely understood. Current research is attempting to make these determinations. Due to its devastating effects on gilled aquatic organisms, both native and introduced, we include P. parvum in the priority species list. 10 The invasive benthic diatom, Didymosphenia geminata, is proposed for listing through AGFD AIS Directors Orders. 11 D. Goals The goals of the Arizona State AIS Management Plan are to: Eliminate or minimize the harmful ecological, economic, and social impacts of AIS through preventing new introductions, reducing further spread of existing populations, and managing/controlling population growth of AIS in Arizona. These goals will be achieved through implementation of a plan that: emphasizes prevention strategies; requires risk assessment and review for all aquatic non-indigenous species prior to their importation, transport, or use in Arizona; promotes early detection; includes development of contingency plans; permits appropriate and timely response to new and existing populations; protects and restores native plant and animal communities; provides for access to accurate the latest distribution and management information; incorporates outreach, education, and research elements; recommends funding levels adequate for effective implementation; encourages interagency collaboration; facilitates inter-jurisdictional coordination with state, federal and tribal agencies; seeks cooperative solutions with the private sector and user groups. It is not possible to address all potential invaders, their impacts, and the constraints and contingencies that may develop. Consequently, this plan is intended to be adaptable to changing circumstances. As a result, continual review of the plan is imperative to use the latest information and procedures to limit the spread of AIS both into and within Arizona. 12 E. Existing Aquatic Invasive Species Authorities and Programs (look at NM AIS and see what can be applied here) (Look at priority {problem definition and ranking} classes).priorority class 1: quagga, zebra, nz mud snail, rusty and redclaw crayfish, salvinia, didymo., asian carp, hydrilla, Priority class 2: Eurasian watermilfoil, bullfrog, chytrid fungus, water hyacinth, northern snakehead, purple loostrife, whirling disease, golden algae, Priority class 3: golden apple snail, VHS, nutria, salt cedar, arundo et al., Asiatic clams, round goby, (Look at AIS Mgmt Strategy in NM…copy and make applicable) Add Water Map of Arizona. This section provides a brief discussion of AIS authorities and programs in Arizona, as well as federal law and international agreements. Arizona state laws relating to AIS cannot be discussed without a basic understanding of federal and international authorities. The policies regarding AIS are controlled and enforced by a network of regulatory agencies and organizations. Not all state and federal laws relating to AIS are included in this section of the plan. State Authorities and Programs State and local efforts play a large role in controlling the spread of AIS. States have authority to decide which species can be imported and/or released. However, the United States Constitution vests the power to regulate international and interstate commerce to Congress. Federal law may preempt state law, but states retain almost unlimited power to define which species are imported and/or released. The state of Arizona currently has a number of statutory and regulatory authorities with which it addresses or potentially can address the issue of prevention and control of AIS. Additional information on regulated pathways of introduction for non-indigenous species can be found in Appendix D. Arizona Animal Programs and Regulations Currently the state restrictions concerning the regulation of AIS animals are based on the movement of wildlife, especially when fishing. R12-4-313 and R12-4-316 both deal with the transport of baitfish, while R12-4-401 lists a number of restricted species, in regard to their movement and sale. This restricted list deals with many non-indigenous species, while R12-4-406 specifically lists the zebra mussel and quagga mussel as restricted. Additionally, 17-255 (Tom plz write) 13 Arizona Plant Programs and Regulations Few restrictions exist concerning the control of plants, especially aquatic plants in Arizona. R3-4-244 lists regulated and restricted noxious weeds that are present in the state and are being monitored or controlled. R3-4-245 lists prohibited noxious weeds that may not be transported into the state (Brian McGrew plz write). Both of these laws include several threatening AIS. 3-205.01 gives the jurisdiction to control noxious weeds to the Arizona Department of Agriculture. This includes the right to quarantine areas, to call on landowners to control noxious weeds and to update the noxious weeds list as necessary. Federal Regulations The current federal effort regarding the management of AIS is a patchwork of laws, regulations, policies, and programs. At least twenty agencies currently work at researching and controlling AIS. The Federal Agencies Table in Appendix D outlines the responsibilities of a number of these government agencies and summarizes their current role in the control of introduced species. Federal laws which apply directly to the introduction of AIS include the Lacey Act, the Federal Noxious Weed Act, the Federal Seed Act, the Non-indigenous Aquatic Nuisance Prevention and Control Act of 1990, and the National Invasive Species Act of 1996 (note: look at page 5 of NM AIS and plagiarize) The Endangered Species Act could also have indirect application if an AIS was shown to threaten the survival of a federally listed endangered species. International Agreements In addition to state and federal regulations, a number of international agreements address the issue of AIS. Several other international treaties and plans call for safeguards against the spread of AIS. Some of these include: The World Trade Organization acknowledges the need for parties to protect themselves from harmful exotic species. This article legitimizes trade restraints, such as quarantine regulations, that are necessary to protect the life or health of humans, animals, or plants; The International Plant Protection Convention (1972), covering agricultural pests; The International Convention on Biological Diversity which contains a provision to control, eradicate, or prevent the introduction of those alien species that threaten ecosystems, habitats, or species: The Convention Concerning the Protection of World Cultural and Natural Heritage (1973); The Convention on International Trade in Endangered Species (1975); The Convention on Wetlands of International Importance (1985) (especially involved with waterfowl habitat); and The Convention on Nature protection and Wildlife Preservation in the Western Hemisphere (1942). 14 15 F. Objectives, Strategies, Actions, and Cost Estimates (REWRITE: See pg 31 of NM AIS) (FOLLOW FORMATTING OF NM AIS STARTING ON PG 34 – Implementation Table) dkb - Please include cost estimates for actions. Probably not possible to do BUT use wording heading of NM Implementation table on pg 47. Copy and make applicable pages 33 – 47of NM AIS. FOLLOW FORMATTIJG FROM NM AIS (also addresses cost estimate issue as much as feasible/possible) The objectives of this plan are designed to address different stages of AIS invasion, including the following: 1. introduction of AIS transported from water bodies from other parts of the continent or world; 2. spread of a reproducing AIS population, once established within a waterway or to other water bodies; and 3. colonization of AIS populations within water bodies, including the harmful impacts resulting from colonization. Objective 1: Prevent new and unintended introductions of aquatic invasive species into the Colorado River and inland waters of Arizona. dkb - you need to mention a way in which this objective can be measured with quantifiable results. The main problem with this section is that most actions are vague. To be a good plan, we need specific actions that can be measured for success in some quantifiable fashion. The more specific we can be, the better. (taken care of if we follow NM AIS) SEND DAVE AN EMAIL EXPLAINING Problem: The most effective way to mitigate the harmful effects of AIS is to prevent introduction into and between Arizona waterways. Once introduced, AIS often spread quickly and can be difficult, if not impossible, to manage or eradicate. Introductions can come from many human caused sources such as boat transfers, bait handling, water transport, aquarium trade, and ornamental and landscape practices. Furthermore, many resource users are unaware of pre-existing regulations concerning transportation of nonindigenous aquatic species and routine activities that lead to their dispersal. An information/education program is essential to provide information on the possible effects of future introductions and how to avoiding further AIS infestations. Information/education programs will target user groups and will strengthen public/private support for AIS management. Cooperation among states where transfer or spread is likely to occur is also of the utmost importance to reduce AIS infestation, especially those states that share watersheds. Close monitoring of AIS and open communication among all resource users is important to most effectively manage the spread of AIS populations. AIS management activities that are consistent and complimentary among states will enhance the success AIS control of all states involved. 16 Strategy 1A: Foster partnerships with cooperators, develop state-specific and regional listings of aquatic invasive species that have the potential to infest Arizona’s waters. As part of this cooperative effort, identify existing and potential transport mechanisms that facilitate new AIS introductions. Action 1A1: Support research on the movement of AIS on a continental scale and use findings to help predict potential AIS invasions into Arizona waters. dkb - make sure the actions are specific enough to be quantifiable. For example, you may want to say that AZGFD will devote $X.XX dollars toward research, or supplyin-kind support to existing research projects. INCAPABLE but we can allude to specific agencies responsible for funding) SEND DAVE EMAIL EXPLAINING?ASKING HOW TO QUANTIFY? Strategy 1B: Establish inter-jurisdictional approaches to facilitate legislative, regulatory, and other actions needed for the prevention of new AIS introductions to Arizona’s waters. Action 1B1: Establish and support coalitions among cooperators, including AIS officials from the state and federal natural resource agencies, tribal groups, recreational boater and angler groups and other concerned resource users. Assist coalitions in promoting federal legislation and programmatic support for the prevention of new AIS introductions in the region/state. dkb- must be quantifiable: how many of the next 5 years? Action 1B2: Establish and support an inter-jurisdictional process to ensure compatibility and consistency between states and federal agencies. dkb quantifiable? Formed interagency committees on Salvinia molesta control. Action 1B3: Initiate and implement a regional approach through a regional weed and animal management plan to prevent new introductions of AIS into Arizona’s waters. Strategy 1C: Promulgate, publicize, and enforce state legislation and regulations to prevent new AIS introductions into state waters. Action 1C1: Establish an interagency task force (with representation from public and private sectors) to develop regulations for state legislative consideration. dkb quantifiable? Action 1C2: Develop and implement an outreach program that informs relevant groups of the regulations, their rationale, and compliance procedures. dkb quantifiable? 17 Action 1C3: Develop and implement enforcement programs. dkb - quantifiable? Strategy 1D: Develop/maintain monitoring programs to provide for early detection and prevention of infestations of AIS into unaffected watersheds. Action 1D1: Establish/participate in monitoring programs that emphasize partnerships between federal/state/local agencies; business/industry; academic institutions; and resource user groups. The feasibility of various technologies (e.g., Geographic Information Systems (GIS) should be explored in designing such programs. dkb - quantifiable? Action ID2: Create a central reporting system and database to track AIS movement. AZ is included in the 100th Meridian GIS currently in process showing Zebra mussel monitoring and marking any outbreaks, with possibility of layering other AIS into the same GIS. USGS has AIS weed GIS in process with multiagency reporting that could include aquatic weeds. Strategy 1E: Conduct or support research regarding management options that will help prevent new introductions of AIS into Arizona’s waters. Action 1E1: Assess the transport mechanisms potentially responsible for new AIS introductions into Arizona’s waters. Develop preventive action plans to interrupt pathways of introduction. dkb - quantifiable? Action 1E2: Review current aquarium trade restrictions and procedures. Strategy 1F: Conduct an effective information/education program on the prevention of new AIS introductions in Arizona’s waters. Action 1F1: Identify the relevant Arizona user groups (i.e. aquaculture business, recreational boating/angler groups, bait and tackle establishments, state agency stocking programs, nursery and landscape trades, aquarium and ornamental ponds, etc.) and secure representation from each group on an advisory team that takes an active role in the development of the AIS management plan. dkb - quantifiable? Action 1F2: Develop information/education strategies for resource user groups identified as playing a significant role in AIS introduction. Information/education efforts should focus on the practices that can help prevent AIS transport and introduction into Arizona’s waters. As part of information/education initiatives, 18 identify, when appropriate, the need for a regulatory approach in the prevention of AIS introductions. dkb - quantifiable? AIS information placed in AGFD Fishing and Boating regulations. Fishing tournament managers include education on spread of AIS as a part of tournament activities. Information about AIS weeds included in herbicide applicators classes. Action 1F3: Establish monitoring/tracking programs to evaluate the effectiveness of information/education efforts. Objective 2: Limit the spread of established populations of aquatic invasive species into uninfested waters of the state. dkb - you need to mention a way in which this objective can be measured with quantifiable results. Problem: The spread of established populations of AIS into un-infested state waters is largely via human activity, such as boat transfers, bait handling, water transport, and ornamental and landscape practices. Limiting the spread of such populations is problematic due to the numerous pathways of dispersal, the complex ecological characteristics associated with AIS populations, and the lack of feasible technology that is needed to limit the spread. Many public and private resource user groups are not aware of existing infestations of AIS in the Colorado river and its reservoirs, the Verde and Salt Rivers, and inland waters of Arizona, and why they cause priority problems locally, regionally and beyond. The probability of AIS spread to other waters is likely to increase when resource user groups are not aware of how their routine activities can cause the dispersal of AIS into un-infested water bodies. An information/education program is needed to provide information on why the spread of AIS needs to be limited, how the AIS populations can be reduce, and the value of a healthy aquatic ecosystem that supports a diverse native aquatic community. Information/education programming is critical to strengthening public/private support for and statewide participation in AIS management strategies. It is also difficult to manage the spread of AIS since infestation frequently occurs in watersheds that occupy more than one state. Cooperation among states in the Colorado River watershed sharing AIS infested watersheds is needed to implement consistent management strategies that will effectively limit the spread of AIS populations. Strategy 2A: Identify and prioritize AIS whose spread should be limited. Action 2A1: Establish an advisory group, with representation from all stakeholders affected by the AIS problems in the state, to guide in the selection of aquatic invasive species that merit management. dkb - good. This is quantifiable. Action 2A2: Develop and implement a process to prioritize those AIS that merit management. (Note: An assessment of AIS impacts discussed under Goal III is 19 recommended for this process. Also, a recommended resource to facilitate this prioritization process is the National Park Service publication, Handbook for Ranking Exotic Plants for Management and Control (see literature citations). Action 2A3: When appropriate, list nonindigenous aquatic insects as AIS by Director’s Order under the House Bill 2157, Chapter 77 (Appendix E). Quagga mussel and zebra mussel are the first two species to be listed as Aquatic Invasive Species by Director’s Order 1 under the House Bill 2157, Chapter 77 (Appendix E). Arizona Department of Agriculture noxious weed (AIS) laws divide weeds into three groups. Regulated noxious weeds are found within the state and are to be controlled to prevent further infestation or contamination. Restricted noxious weeds are found within the state and are to be quarantined to prevent further infestation or contamination. Prohibited noxious weeds are prohibited from entering Arizona and shippers must have a permit to transport them through the state. Rules for abatement published in Arizona Administrative Code R3-4-243 and R3-4-245. Strategy 2B: Monitor the spread of AIS determined to be a state priority. Action 2B1: Design a monitoring program to provide information that will help in developing an effective strategy to limit the spread of selected AIS populations. A network approach, including federal/regional/state/local agencies, public/private groups and academic institutions, is recommended. Variables to monitor include population size, structure and range; rate of growth; type of habitat; distribution; impacts on native species; and economic and other impacts on human communities. Basic boat monitoring for zebra mussels is being done in Glenn Canyon. Monitoring of lower Colorado River at least biannually by USFWS using established protocol. Action 2B2: Develop identification materials for each AIS that is being monitored to facilitate participation of all stakeholders. dkb - quantifiable? You may need to be more specific. Informational pamphlets have been created for Eurasian water milfoil, hydrilla, Salvinia molesta, zebra mussels, and crayfish. Signs warning of spread of AIS have also been created for placement at marinas, boat ramps and docks. Strategy 2C: Develop and implement management strategies to limit the spread of each AIS determined to be a state priority. 20 Action 2C1: Based on identified dispersal pathways, develop regulatory approaches to limit the spread of AIS. Also, identify the best available technology for each management strategy and include an environmental impact assessment, where necessary. dkb - quantifiable? Glenn Canyon boat surveys. Tried voluntary boat checks along 100th meridian, but with a low success rate. Seminar for DPS employees encouraging random boat checks and increased awareness. Action 2C2: Implement a watershed approach to limit the spread of AIS within the state. This is imperative to secure successful long-term control over AIS, which once in a watershed spread quickly. dkb - quantifiable? Action 2C3: Establish cooperative policies among the Colorado River Basin States sharing watersheds to limit the spread of AIS populations. dkb - quantifiable? Strategy 2D: Inform and educate the appropriate resource user groups on the management strategies needed to limit the spread of targeted AIS populations. To support this effort, the target groups should be informed on how the spread of AIS threatens the health of a diverse native aquatic community, and other harmful AIS impacts. Volunteer groups, such as lake associations and outdoor recreation groups, should be actively involved in these outreach efforts. Action 2D1: Assess existing AIS information/education programs (i.e. Sea Grant, cooperative extension, state natural resource agencies). Build on the strengths and address the weaknesses of these programs. dkb - quantifiable? Action 2D2: Identify pathways that disperse AIS (i.e., recreational boaters/anglers, commercial and sport fishers, bait handling, water transport, ornamental and landscape practices) and inform these groups on practices to help limit the spread. This outreach program should focus on changing the behavior of user groups to limit the spread of targeted AIS populations to Arizona’s waters. dkb - quantifiable? Arizona Department of Agriculture has contacted several nurseries in the Phoenix area, bass tournament groups are cooperating, information in boating and fishing regulations as previously mentioned. Action 2D3: Coordinate with state and local programs to ensure, where appropriate, that public access projects and interpretive displays include information about AIS. dkb - quantifiable? Bulletins on ADA website, UA extension website, informative pamphlets and signs are being dispersed. 21 Action 2D4: Establish monitoring/tracking programs to evaluate the effectiveness of information/education efforts. dkb - quantifiable? Strategy 2E: Promulgate, publicize, and enforce state regulations to limit the spread of AIS within the state. Action 2E1: Establish an interagency task force (with representation from public and private sectors) to develop regulations for state legislative consideration. dkb quantifiable? Action 2E2: Develop and implement an outreach program that informs relevant groups of AIS regulations, why they exist, and compliance procedures. dkb quantifiable? Action 2E3: Develop and implement enforcement programs. dkb - quantifiable? ADA procedure: can eradicate restricted noxious weeds and charge land or commodity owners for the cost of treatment. Property liens can be imposed to recover cost. Strategy 2F: Support/coordinate scientific research between state and federal agencies and academic institutions that investigate potential management strategies to limit the spread of AIS populations and associated environmental impacts. Action 2F1: Prioritize research needs to help in establishing program structure. dkb quantifiable? Action 2F2: Conduct priority research, or promote the conduct of such research via federal research initiatives, academia or the private sector. dkb - quantifiable? Research on use of Clearigate in PVID drain, BOR Denver office also researching chemical use as control of AIS. Action 2F3: Develop a technology transfer program to be used in distributing research findings. dkb - quantifiable? Objective 3: Abate/mitigate harmful ecological, economic, social and public health impacts resulting from infestations of aquatic invasive species. Problem: The infestation of AIS in the Colorado River and inland state waters can alter or disrupt existing relationships and ecological processes. Without co-evolved parasites and predators, some nonindigenous aquatic species out-compete and even displace aquatic native plant or animal populations. As part of this process, the invading species can also 22 influence to some extent the food webs, nutrient dynamics, and biodiversity of the ecosystems. To abate the ecological impacts of the invading organism, it is necessary to understand the mechanisms by which the species disrupts the natural balance of the ecosystem. The Colorado, Verde, and Salt Rivers and inland waters of Arizona provide valuable economic benefits for Arizona, some of which include potable water supplies, irrigation water, sport fisheries, recreational use, and water usage by manufacturers, industry and electric power companies. Introduction of some nonindigenous species to the Colorado River Basin/state have provided economic benefits, such as those supporting the aquaculture business and sport fishing industry. However, several AIS have been found to cause adverse economic impacts. For instance, the Eurasian watermilfoil forms thick mats on the surface of water which can interfere with many types of water recreational activities, such as swimming and water skiing, as well as potentially clogging irrigation canals and water intakes. Organisms invading the Colorado River Basin and inland state waters can threaten public health through the introduction of disease, concentration of pollutants, contamination of drinking water, and other harmful human health effects. An extensive abatement system for these AIS needs to be established to prevent human health problems from occurring in the waters of Arizona. These control strategies must also be designed so as not to cause significant environmental impacts. Strategy 3A: Assess the ecological, socio-economic and public health impacts of AIS in Arizona’s waters. Use this assessment as guidance to develop action levels that warrant implementation of control strategies (Note: Consult New York State's Department of Environmental Conservation (NYSDEC) management plan for a useful assessment of AIS impacts (i.e., beneficial, innocuous, nuisance, detrimental), which may helpful in determining action levels for control. Also, a recommended resource to facilitate this process is the National Park Service publication, "Handbook for Ranking Exotic Plant for Management and Control". Action 3A1: Identify and assess the damages of AIS that threaten the ecological health of Arizona’s ecosystems. dkb - quantifiable? Maybe you should mention a specific report that will be completed. Action 3A2: Identify and assess the damages of AIS that threaten public safety and/or human health of the state's residents. dkb - quantifiable? Action 3A3: Identify and assess economic costs for each AIS causing damage to water users. dkb - quantifiable? CAP estimates that a zebra mussel infestation would increase operational and maintenance costs $4-5 million annually. 23 Strategy 3A4: Complete a meta-analysis of past research regarding effects and management of AIS. Strategy 3B: Based on the above impact assessments, develop and implement control strategies, including physical, chemical and biological mechanisms, to eradicate or reduce populations of targeted AIS in the Colorado River and inland state waters (i.e., those AIS identified by the state as causing detrimental ecological, economic, social and/or public health impacts). Action 3B1: Establish protocols that will provide guidance in designing and implementing control strategies. The control strategy must not create problems greater than those related to the specific AIS; A control strategy must not have serious, long-term impacts to the environment or non-target organisms; There must be a need to control the AIS due to the potential of adverse impacts; The control strategy must not reduce the human utilization of the water body (with the exception of those waters with special resource designation) or threaten human health; Control efforts should be directed against the areas significantly impacted, and not be broad and general in nature; The control strategy must have a reasonable likelihood of succeeding. Action 3B2: Support/coordinate scientific research between state and federal agencies and academic institutions that investigate potential control strategies and associated environmental impacts. Develop a technology transfer program to be used in distributing research findings. dkb - quantifiable? Action 3B3: Establish mechanism(s) to ensure that the control strategies developed and implemented by the State are done so in coordination with federal agencies, tribal authorities, local governments, inter-jurisdictional organizations and other appropriate entities (NANPCA, Section 1202). dkb - quantifiable? Action 3B4: Establish mechanism(s) to ensure that the control strategies are based on the best available scientific information and conducted in an environmentally sound manner (NANPCA, Section 1202). Strategy 3C: Conduct an information/education program providing information on AIS impacts and related control strategies. Utilize existing groups/programs responsible for information dissemination when appropriate. Action 3C1: Design programs targeting public agencies needed in promoting management action to abate impacts; user groups needed for effective control of 24 targeted species; and communities that need to learn how to live with AIS problems. dkb - quantifiable? Action 3C2: Establish monitoring/tracking programs to evaluate the effectiveness of information/education efforts. dkb - quantifiable? 25 G. Priorities for Action The purpose of the Arizona Aquatic Invasive Species Management Plan is to coordinate all AIS management actions currently within Arizona and to identify and provide funding for additional AIS management actions, especially those relating to priority AIS plants and animals. A major focus of this document is to develop and implement new programs designed to prevent or control the introduction and spread of AIS. Arizona is currently lacking projects or funding for preventing and controlling AIS. Priority Class 1 species are present and established in Arizona, have the potential to spread within or from the state, and management strategies for these species are unknown or limited. These species can be managed through actions that involve mitigation of impact, control of population size, and dispersal prevention. Priority Class 2 species are currently not present in Arizona, but have a high potential for invasion and there are limited or no known management strategies for these species. Appropriate management strategies for this class includes preventing introduction and/or eradication of insipient populations. Priority Class 3 species are not established in Arizona, but have a high potential for invasion, and reasonable management techniques are available. Appropriate management strategies for this class includes preventing introduction and/or eradication of pioneering populations. Priority Class 4 species are present and have the potential to spread further in Arizona but reasonable management strategies are available for these species. This class of species can be managed through actions that involve mitigating impact, controlling population size, and/or preventing dispersal. Priority Species Non-indigenous species considered to be priority species and worthy of immediate or continued management action include: Priority 1:quagga, zebra, nz mud snail, rusty and redclaw crayfish, salvinia, didymo., asian carp, hydrilla, Priority 2: Eurasian watermilfoil, bullfrog, chytrid fungus, water hyacinth, northern snakehead, purple loostrife, whirling disease, golden algae, Priority class 3: golden apple snail, VHS, nutria, salt cedar, arundo et al., Asiatic clams, round goby, 26 The management actions outlined herein focus on these priority species. By addressing the pathways of introduction for priority species, the introduction of other lower priority, or perhaps unidentified AIS, may also be prevented, since many share common pathways. Please categorize all potential aquatic invasive according to the class priorities borrowed from the Oklahoma State AIS Management plan (highlighted above). 27 H. Planned Efforts Implementation Table DELETE AND USE NMs AIS IMPLEMENTATION TABLE Arizona AIS Management Plan Planned Efforts Implementation Table Strategies/ Actions Number Descriptive Title/Brief Summary Fund Source Imple. Entity Coop. Organ. Recent Efforts ($000/FTE) FY08 FY09 $ FTE $ FTE Planned Efforts FY10-11 Dedicated Requested $(000) FTE $(000) FTE Objective 1: Prevent new and unintended introductions of aquatic invasive species into the Colorado River and Arizona’s inland waters. Strategy 1A 1A1 Strategy 1B 1B1 1B2 1B3 Develop regional listings of AIS that may impact Arizona. Identify transport mechanisms that may facilitate AIS introductions. Research large-scale movements of AIS to help predict new invasions. Create an inter-jurisdictional AIS task force. Create an AIS task force or committee of stakeholders. Create and encourage interjurisdictional networking to cooperatively combat AIS in a consistent and fair manner. Form regional enforceable weed management areas for established and predicted AIS invasions. Strategy 1C 1C1 1C2 1C3 Strategy 1D 1D1 Strategy 1E 1E1 Strategy 1F 1F1 Promulgate, publicize and enforce state legislation and regulations to prevent new AIS introductions into state waters. AIS task force will develop regulations for state legislation. Begin an informational campaign to share concerns, regulations and responsibilities with stakeholders. Develop and implement enforcement programs Develop/maintain monitoring programs of Arizona waters for early detection and prevention. Establish monitoring programs involving concerned citizens, agencies and industry, assimilating results into Geographical Information Systems (GIS) maps. Conduct or support research of preventative management options. Assess AIS transport mechanisms and develop action plans to interrupt pathways of introduction. Conduct a public educational program on the prevention of new AIS introductions. Form stakeholder advisory team that takes an active role in the ongoing development of the AIS management plan. 29 1F2 1F3 Target resource user groups with educational programs focused on helping prevent AIS transport and introduction. Establish and administer questionnaires to evaluate the educational program effectiveness. Objective 2: Limit the spread of established populations of aquatic invasive species into un-infested waters of the state. Strategy 2A 2A1 2A2 Strategy 2B 2B1 2B2 Strategy 2C 2C1 Identify and prioritize AIS whose spread should be limited. Establish stakeholder advisory group to aid in selecting priority AIS. Develop and implement a process to prioritize those AIS that merit management. Monitor the spread of those AIS deemed to be a state priority Design a monitoring program to provide information that will help in developing an effective strategy to limit the spread of selected AIS populations. Develop a key/informational paper for each monitored AIS. Develop and implement management plans to limit the spread of priority AIS. Develop voluntary and regulatory approaches to limit the spread of AIS, including an environmental impact assessment where necessary. 30 2C2 2C3 Strategy 2D Identify state watersheds and address AIS issues of each watershed. Establish cooperative AIS prevention and control policies among the Colorado River Basin States. Inform and educate resource user groups on the management strategies needed to limit the spread of targeted AIS populations. Objective 3: Abate/mitigate harmful ecological, economic, social and public health impacts resulting from infestation of non-indigenous aquatic invasive species. Strategy 3A Assess the ecological, socioeconomic and public health impacts of AIS in Arizona’s waters 3A1 Quantify the damages AIS that threaten the ecological health of Arizona’s ecosystems. 3A2 Quantify the damages of AIS that threaten public safety and/or human health of the state's residents. Identify and assess economic costs for each aquatic nuisance species causing damage to water users. Develop and implement control strategies to eradicate or reduce populations of priority AIS in the Colorado River and inland state waters. Establish protocols that will provide guidance in designing and implementing control strategies. 3A3 Strategy 3B 3B1 31 3B2 3B3 3B4 Strategy 3C 3C1 3C2 Support/coordinate scientific research that investigate potential control strategies and associated environmental impacts. Develop an information/technology transfer program for findings. Establish mechanism(s) to ensure coordination with all appropriate authorities (NANPCA, Section 1202). Establish review board to ensure that the control strategies are based on sound environmental science (NANPCA, Section 1202). Conduct an information/education program providing information on AIS impacts and related control strategies. Design programs targeting public agencies needed in promoting management action to abate impacts; user groups needed for effective control of targeted species; and communities that need to learn how to live with aquatic nuisance species problems. Establish monitoring/tracking programs to evaluate the effectiveness of information/education efforts. 32 I. Program Evaluation and Monitoring (Make applicable to AZ and perhaps refine/enhance) The section below highlighted in green was lifted word-for-word from the NM State AIS Management Plan. I don't think NM did as well of a job as they could have with this section. I hope Arizona can improve upon it. I'd like to see specifics. Please adjust as necessary to be appropriate for Arizona. This section is a mandatory requirement for ANSTF approval. The more specific the actions are in Section F, the easier it will be to describe the evaluation and monitoring required. The strategies outlined in this plan will generate actions to achieve desired future conditions and outcomes. A necessary step in the implementation of this plan will be program monitoring and evaluation of performance indicators referable to the goal and objectives of this plan. To support and inform implementation of this plan, it is recommended that the AISAC adopt a philosophy of adaptive management in which monitoring and evaluation are employed to measure progress toward achieving the goal, to assess the efficacy of prioritized strategies to meet the stated objectives, and to maintain awareness of and adapt to changing information or conditions. Program monitoring and evaluation will require oversight, evaluation and reporting. Oversight The AISAC will be responsible for coordinating the oversight process to inform all stakeholders of the progress towards implementing the plan. The role of AISAC will be to examine the level of achievement on tasks identified in the prioritized strategic actions. Evaluation To afford an objective evaluation process, performance indicators may be required that not only examine progress, but also identify funding needs to successfully implement the plan. Evaluation should also incorporate information from those groups or individuals that will be affected by plan implementation. The evaluation process may also require revisions to this plan, which will be the shared responsibility of the Coordinator and the ASIAC. Reporting The Coordinator and the AISAC will prepare and disseminate an annual progress report to all stakeholders. This report will include an evaluation of success towards achieving the goal and stated objectives of this plan. The Coordinator and the AISAC will prepare and disseminate a 5-year AIS program status report to all stakeholders. This plan will inform stakeholders of the progress of plan implementation, program needs, and future directions relative to adjacent states and regional planning efforts. 33 34 J. Glossary Accidental introduction: an introduction of non-indigenous aquatic species that occurs as the result of activities other than the purposeful or intentional introduction of the species involved. For example, the transport of non-indigenous species in ballast water or in water used to transport fish, mollusks, or crustaceans for aquaculture or other purposes. Aquatic invasive species (AIS): any aquatic species that is not native to the ecosystem under consideration and whose introduction or presence in this state may cause economic or environmental harm or harm to human health. This does not include any nonindigenous species lawfully or historically introduced into this state for sport fishing recreation. (Note: for the purposes of the State management plans, reference to an aquatic invasive species will imply that the species is non-indigenous.) Baitfish: fish species commonly sold for use as bait for recreational fishing. Control: limiting the distribution and abundance of a species. Cryptogenic species: a species that may or may not be indigenous to an area. Ecological integrity: the extent to which an ecosystem has been altered by human behavior; an ecosystem with minimal impact from human activity has a high level of integrity; an ecosystem that has been substantially altered by human activity has a low level of integrity. Ecosystem: an assemblage of biological organisms, the interaction among them, and the non-living factors of the environment contributing to their structure and function. Environmentally sound: methods, efforts, actions, or programs to prevent introductions or to control infestations of AIS that minimize adverse environmental impacts. The impact of management actions should be less than the impact of the AIS. Eradicate: the act or process of eliminating an aquatic invasive species. Eutrophication: any waterbody with an excess of plant or algal nutrients and the consequences, often negative, thereof. Exotic: any species or other variable biological material that enters an ecosystem beyond its historic range, including such organisms transferred from one county to another (see nonindigenous and non-native). Intentional introduction: all or part of the process by which a non-indigenous species is purposefully introduced into a new area. 35 Nonindigenous species: any species or other variable biological material that enters an ecosystem beyond its historic range, including such organisms transferred from one country to another (see exotic and non-native). Nonnative: any species or other variable biological material that enters an ecosystem beyond its historic range, including such organisms transferred from one country to another (see exotic and non-native). Pioneer infestation: a small AIS colony that has spread to a new area from an established colony. Priority species: an AIS that is considered to be a significant threat to Arizona waters and is recommended for immediate or continued management action to minimize or eliminate their impact. Introduction of species may have an especially large impact on ecosystem function, endangered species, infrastructure, human health, etc. Watershed: a hydrogically bound drainage basin including all living and nonliving components. 36 K. Literature Cited Please fill in as necessary. See the New Mexico AIS Management Plan and the Oklahoma AIS Management plan for many references that will also be valid here. Aquatic Nuisance Species Task Force (D. James Baker, Under Secretary of Commerce for Oceans and Atmosphere and Mollie Beattie, Director of U.S. Fish and Wildlife Service). 1994. Report to Congress: Findings, Conclusions, and Recommendations of the Intentional Introductions Policy Review. Carlton, J.T. 1985. Transoceanic and Interoceanic Dispersal of Coastal Marine Organisms: The Biology of Ballast Water. Oceanography and Marine Biology, An Annual Review: volume 23. Hushak, L.J., Y. Deng, M. Bielen. 1995. The Cost of Zebra Mussel Monitoring and Control. AIS Digest: volume 1, number 1. Leigh, P. 1994. Benefits and Costs of the Ruffe Control Program for the Great Lakes Fishery. National Oceanic and Atmospheric Administration Report. New York State Department of Environmental Conservation, Division of Fish and Wildlife. 1993. Nonindigenous Aquatic Species Comprehensive Management Plan. Ohio Sea Grant College Program. 1995. Sea Grant Zebra Mussel Report: An Update of Research and Outreach: 1988-1994. The Ohio State University. Olson, A.M., and E.H. Linen. 1997. Exotic Species and the Live Aquatics Trade. Proceedings of Marketing and Shipping Live Aquatics ’96: conference and Exhibition, Seattle, Washington, October 1996. School of Marine Affairs, University of Washington, Working Paper No. 6. Ruiz, G.M., A.H. Hines, L.D. Smith, J.T. Carlton. 1995. An Historical Perspective on Invasion of North American Waters by Nonindigenous Aquatic Species. AIS Digest: volume 1, number 1. U.S. Congress, Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, Public Law 101-646. U.S. Congress, Office of Technology Assessment. 1993. Harmful Nonindigenous Species in the United States. OTA-F565. U.S. Department of the Interior, National Park Service. 1991. Handbook for Ranking Exotic Plant for Management and Control. Authored by R.D. Hiebert and James Stubbendieck. (Copies of this report (Natural Resources Report NPS/NRMWRO/NRR-93/08) are available from: Publications Coordinator, 37 National Park Service, Natural Resources Publications Office, P.O. Box 2587 (WASO-NRPO), Denver, CO 80225-0287). U.S. Fish and Wildlife Service, Department of the Interior. 1995. Report to Congress: Great Lakes Fishery Resources Restoration Study. 38 L. Appendices and References Appendix A: Section 1204 of the National Invasive Species Act of 1996 SEC. 1204. STATE AQUATIC NUISANCE SPECIES MANAGEMENT PLANS. (a) STATE OR INTERSTATE INVASIVE SPECIES MANAGEMENT PLANS. (1) IN GENERAL. -- After providing notice and opportunity for public comment, the Governor of each State may prepare and submit, or the Governors of the States and the governments of Indian Tribes involved in an interstate organization, may jointly prepare and submit – (A) a comprehensive management plan to the Task Force for approval which identifies those areas or activities within the State or within the interstate region involved, other than those related to public facilities, for which technical, enforcement, or financial assistance (or any combination thereof) is needed to eliminate or reduce the environmental, public health, and safety risk associated with aquatic nuisance species, particularly the zebra mussel; and (B) a public facility management plan to the Assistant Secretary for approval which is limited solely to identifying those public facilities within the State or within the interstate region involved for which technical and financial assistance is needed to reduce infestations of zebra mussels. (2) CONTENT. -- Each plan shall, to the extent possible, identify the management practices and measures that will be undertaken to reduce infestations of aquatic nuisance species. Each plan shall – (A) identify and describe State and local programs for environmentally sound prevention and control of the target aquatic nuisance species; (B) identify Federal activities that may be needed for environmentally sound prevention and control of aquatic nuisance species and a description of the manner in which those activities should be coordinated with State and local government activities; (C) identify any authority that the State (or any State or Indian Tribe involved in the interstate organization) does not have at 39 the time of the development of the plan that may be necessary for the State (or any State or Indian Tribe involved in the interstate organization) to protect public health, property, and the environment from harm by aquatic nuisance species; and (D) a schedule of implementing the plan, including a schedule of annual objectives, and enabling legislation. (3) CONSULTATION – (A) In developing and implementing a management plan, the State or interstate organization should, to the maximum extent practicable, involve local governments and regional entities, Indian Tribes, and public and private organizations that have expertise in the control of aquatic nuisance species. (B) Upon the request of a State or the appropriate official of an interstate organization, the Task Force or the Assistant Secretary, as appropriate under paragraph (1), may provide technical assistance in developing and implementing a management plan. (4) PLAN APPROVAL. -- Within 90 days after the submission of a management plan, the Task Force or the Assistant Secretary in consultation with the Task Force, as appropriate under paragraph (1), shall review the proposed plan and approve it if it meets the requirements of this subsection or return the plan to the Governor or the interstate organization with recommended modifications. (b) GRANT PROGRAM. – (1) STATE GRANTS. – The Director may, at the recommendation of the Task Force, make grants to States with management plans approved under subsection (a) for the implementation of those plans. (2) APPLICATION. – An application for a grant under this subsection shall include an identification and description of the best management practices and measures which the state proposes to utilize in implementing an approved management plan with any Federal assistance to be provided under the grant. (3) FEDERAL SHARE. – 40 (A) The Federal share of the cost of each comprehensive management plan implemented with Federal assistance under this section in any fiscal year shall not exceed 75 percent of the cost incurred by the State in implementing such management program and the non-Federal share of such costs shall be provided from non-Federal sources. (B) The Federal share of the cost of each public facility management plan implemented with Federal assistance under this section in any fiscal year shall not exceed 50 percent of the cost incurred by the State in implementing such management program and the non-Federal share of such costs shall be provided from non-Federal sources. (4) ADMINISTRATIVE COSTS. – For the purposes of this section, administrative costs for activities and programs carried out with a grant in any fiscal year shall not exceed 5 percent of the amount of the grant in that year. (5) IN-KIND CONTRIBUTIONS.—In addition to cash outlays and payments, in-kind contributions of property or personnel services by nonFederal interests for activities under this section may be used for the nonFederal share of the cost of those activities. (c) ENFORCEMENT ASSISTANCE.—Upon request of a State or Indian Tribe, the Director or Under Secretary, to the extent allowable by law and in a manner consistent with section 141 of title 14, United States Code, may provide assistance to a State or Indian Tribe in enforcing an approved State or interstate invasive species management plan. Appendix B: Arizona Aquatic Invasive Species Management Plan, Public Review Information TO CONTAIN INFORMATION COVERED IN PUBLIC MEETINGS OF INVOLVED STAKEHOLDERS FOR RATIFYING THE PLAN 41 Appendix C: Non-indigenous Aquatic Species in Arizona List of Arizona Game and Fish Restricted Non-indigenous Listed species are restricted by ARTICLE 4. LIVE WILDLIFE, R12-4-406. Restricted Live Wildlife Freshwater Animal Species of Concern Common name Reptiles caimans crocodiles alligators snapping turtles Species name all species of order Crocodylia all species of the family Chylydridae 42 sea snakes Amphibians clawed frogs giant or marine toads bullfrogs all species of the family Hydrophiidae all species of the genus Xenopus Bufo horribilis, Bufo marinus, Bufo paracnemis all species of genus Rana Fish Arctic grayling bass bighead carp black carp bony tongue bowfin catfish Crucian carp Electric catfish electric eel European whitefish freshwater drum freshwater stingray gars goldeye, moomeye herring Indian carp lampreys Nile perch Pike, pickerel pike topminnow piranha Rudd shad sharks silver carp Thymallus arcticus all the species of the family Serranidae Aristichthys nobilis Mylopharyngodon piceus Arapaima gigas Amia calva all species of the family Ictaluridae Carassius carassius Malapterurus electricus Electrophorus electricus Leuciscus idus, Idus idus Aplodinotus grunniens all species of the family Potamotrygonidae all species of the family Lepisosteidae all species of the family Hiodontidae all species of the family Clupeidae all of the species Catla catla, Cirrhina mrigala, and Labeo rohita all species of the family Petromyzontidae all species of the genus Lates all species of the family Esocidae Belonesox belizamus all species of the genera Serrasalmus, Serrasalmo, Phygocentrus, Teddyella, Fooseveltiella, and Pygopristis Scardinius erythrophthalmus all species of the family Clupeidae except threadfin shad, species Dorosoma petenense all species, marine and freshwater of orders Hexanchiformes, Heterodontiformes, Squaliformes, Pristiophoriformes, Squatiniformes, Orectolobiformes, Lamniformes, and Carcharhiniformes Hypophthalmichthys molitrix 43 snakehead South American parasitic catfish sunfish temperate basses tetras tiger fish trout white amur, grass carp walking catfish walleye Invertebrates Asiatic mitten crab Crayfish Asian clam New Zealand mudsnail Quagga mussel Rosy wolfsnail zebra mussel all species of the family Ophicephalidae all species of the family Trichomycteridae and Cetopsidae all species of the family Centrarchidae Moronidae all species of the genus Astyanyx Hoplias malabaricus all species of the family Salmonidae Ctenopharyngodon idella all species of the family Clariidae all species of the family Percidae Eriocheir sinensis all species of family Astracidae, Cambaridae, Parastacidae Corbicula fluminea Potamopyrgus antipodarum Dressena bugensis Euglandina rosea Dreissena polymorpha Species not restricted but may pose problems Reptiles false map turtle red-eared slider southern painted turtle spiny softshell water monitor western painted turtle yellowbelly slider Graptemys pseudogeographica Trachemys scripta Chrysemys picta dorsalis Apalone spinifera Varanus salvator Chrysemys picta bellii Trachemys scripta scripta Amphibians (These are all debatable) Mountain treefrog Barred Tiger salamander Pacific chorus frog Rio Grande leopard frog Hyla eximia Ambystoma tigrinum get subspecies Pseudacris regilla Rana berlandieri Fish American eel Anguilla rostrata 44 bigmouth buffalo black buffalo black crappie blue tilapia common carp convict cichlid driftwood catfish fathead minnow firemouth cichlid flathead catfish golden shiner goldfish grass carp green swordtail guppy leatherside chub longjaw mudsucker Mexican tetra Mexican molly mosquitofish mottled sculpin mountain sucker Nile tilapia plains killifish quillback redbelly tilapia red shiner redside shiner Rio Grande cichlid Rio Grande sucker rock bass Sacramento perch sailfin molly sand shiner shortfin molly silver carp smallmouth buffalo spotted tilapia suckermouth catfish tench threadfin shad Utah chub variable platyfish walleye Wami tilapia warmouth Ictiobus cyprinellus Ictiobus niger Pomoxis nigromaculatus Oreochromis aureus Cyprinus carpio Cichlasoma nigrofasciatum Parauchenipterus galeatus Pimephales promelas Cichlasoma meeki Pylodictis olivaris Notemigonus crysoleucas Carassius auratus Ctenopharyngodon idella Xiphophorus helleri Poecilia reticulata Gila copei Gillichthys mirabilis Astyanax mexicanus Poecilia sphenops Gambusia affinis Cottus bairdi Catostomus platyrhynchus Oreochromis niloticus Fundulus zebrinus Carpiodes cyprinus Tilapia zillii Cyprinella lutrensis Richardsonius balteatus Cichlasoma cyanoguttatum Catostomus plebeius Ambloplites rupestris Archoplites interruptus Poecilia latipinna Notropis ludibundus Poecilia mexicana Hypophthalmichthys molitrix Ictiobus bubalus Tilapia mariae Hypostomus sp. Tinca tinca Dorosoma petenense Gila atraria Xiphophorus variatus Stizostedion vitreum Oreochromis urolepis Chaenobryttus gulosus 45 white sturgeon yellow bass yellow perch Acipenser trAISmontanus Morone mississippiensis Perca flavescens List of Non-indigenous Freshwater Plants Common Name Scientific Name Plants that are currently causing problems in Arizona Brazilian elodea curly leaf pondweed giant salvinia hydrilla parrot-feather water-cress Egeria densa Potamogeton crispus Salvinia molesta Hydrilla verticillata Myriophyllum aquaticum Nasturtium officinale Plants with Apparent Limited Distribution and Weedy Potential Eurasian water-milfoil Myriophyllum spicatum Species of Concern Being Sold in Arizona, But Not Established in the Wild water-hyacinth Eichhornia crassipes Introduced Plant Species, But Not Causing Problems dotted duckweed yellow floating-heart Landoltia (Spirodela) punctata Nymphoides peltata Species Of Concern in Other States, Not Yet Introduced to Arizona Anchored water hyacinth Water-chestnut Eichhornia azurea (SW) Trapa natans L. Appendix D: Aquatic Invasive Species Authorities and Programs Federal Agencies Regulating the Transport of Live Aquatic Products Federal Agencies Regulating the Transport of Live Aquatic Products (Olson and Linen 1997). Plants Restrict Movement Into U.S. Restrict Interstate Movement APHIS APHIS DOD AMS 46 Regulate Product Content or Labeling APHIS AMS Customs DEA Fish FWS Customs USCG FWS FWS Invertebrates APHIS FWS ARS PHS Customs USCG APHIS FWS FWS List of abbreviations and descriptions of authority (Olson and Linen 1997) Organization Description APHIS The Animal and Plant Health Inspection Service, U.S. Department of Agriculture, has broad mandates related to the importation and interstate movement of exotic species, under the Federal Plant Pest Act, the Plant Quarantine Act, and several related statutes. The primary concern is species that pose a risk to agriculture. Restricts the movements of agricultural pests and pathogens into the country by inspecting, prohibiting, or requiring permits for the entry of agricultural products, seeds, and live plants and animals. Restricts interstate movements of agricultural plant pests and pathogens by imposing domestic quarantines and regulations. Restricts interstate transport of noxious weeds under the Federal Noxious Weed Act. AMS The Agricultural Marketing Service, U.S. Department of agriculture, works closely with states in regulating interstate seed shipments. Regulations require accurate labeling and designation of “weeds” or “noxious weeds” conforming to the specific state’s guidelines. ARS The Agricultural Research Service, U.S. Department of Agriculture, the research branch of USDA, conducts and funds research on the prevention, control, or eradication of harmful exotic species often in cooperation with APHIS. Projects include aquaculture techniques and disease diagnosis and control. DEA The Drug Enforcement Agency restricts imports of a few nonindigenous plants and fungi because they contain narcotics substances. DOD The Department of Defense has diverse activities related to nonindigenous species. These relate to its movements of personnel 47 and cargo and management of land holdings. Armed forces shipments are not subject to APHIS inspections. Instead, the DOD uses military customs inspectors trained by APHIS and the Public Health Service. FWS The Fish and Wildlife Service, U.S. Department of the Interior, has responsibility for regulating the importation of injurious fish and wildlife under the Lacey Act. Maintains a limited port inspection program. In 1990, FWS inspectors inspected 22 percent of the wildlife shipments at international ports of entry. Interstate movement of state-listed injurious fish and wildlife is a federal offense and therefore potentially subject to FWS enforcement. Also provides technical assistance related to natural resource issues and fish diseases to state agencies and the private sector (aquaculture in particular). Helps control the spread of fish pathogens. NOAA and NMFS The National Oceanic and Atmospheric Association and National Marine Fisheries Service, U.S. Department of Commerce, inspect imported shellfish to prevent the introduction of non-indigenous parasites and pathogens. Cooperative agreements with Chile and Australia; Venezuela has requested a similar agreement. PHS The Public Health Service, U.S. Department of Health and Human services, regulates entry of organisms that might carry or cause human disease. Customs Customs Service, U.S. Department of the Treasury. Customs personnel inspect passengers, baggage, and cargo at U.S. ports of entry to enforce the regulations of other federal agencies. They inform interested agencies when a violation is detected and usually detain the suspected cargo for an agency search. USCG The Coast Guard, U.S. Department of Treasury, was given certain responsibilities under the Non-indigenous Aquatic Prevention and Control Act of 1990, relating to preventing introductions (mostly dealing with ballast water exchange). Federal Law Addressing Aquatic Nuisance Species The Non-indigenous Aquatic Nuisance Prevention and Control Act of 1990 48 The Non-indigenous Aquatic Nuisance Prevention and Control Act of 1990 created the Interagency Aquatic Nuisance Species Task Force. This group is required to develop a program to prevent, monitor, and control unintentional introductions of exotic species. Many of the agencies that in some way regulate the introduction of species are represented on this task force. The National Invasive Species Act of 1996 The National Invasive Species Act of 1996 re-authorizes and amends the Non-indigenous Aquatic Nuisance Prevention and Control Act of 1990 (the “Zebra Mussel Act”). It expands the scope of the Act beyond the zebra mussel and ballast water and begins to “address introductions and infestations of [non-indigenous aquatic] species that may be as destructive as the zebra mussel.” To this end, the Act authorizes a Western Regional Panel to identify priorities for the western region; develop emergency response strategies for stemming new invasions; and advise public and private sectors concerning the prevention and control of exotic species. Furthermore, the Act advises state and Tribal governments to prepare invasive species management plans and provides for ecological surveys to study species attributes and patterns of invasions. Finally, the National Invasive Species Act of 1996 authorizes U.S. spending $1.25 million to “fund research on aquatic nuisance species prevention and control in San Francisco Bay and the Pacific Coast.” The expanded scope of the National Invasive Species Act of 1996 demonstrates that federal efforts to control the transport and accidental release of exotic species are becoming more stringent. Concern over the disastrous spread of the zebra mussel has heightened public awareness of the issue and, as a consequence, government regulations are likely to become more developed in coming years. International Instruments Addressing Non-indigenous Species Additional International Agreements Addressing Non-indigenous species include: The General Agreement on Tariffs and Trade (GATT) in which Article XX (b) Acknowledges the need for parties to protect themselves from harmful exotic species. This article legitimizes trade restraints, such as quarantine regulations, that are necessary to protect the life or health of humans, animals, or plants; The International Plant protection convention (1972), covering agricultural pests; The International Convention on Biological Diversity (signed 1993, but not yet ratified by the U.S. Senate) which contains a provision to control, eradicate, or prevent the introduction of those alien species that threaten ecosystems, habitats, or species; Furthermore, there are a number of bilateral of multilateral treaties that indirectly affect exotic species, including: 49 The Convention Concerning the Protection of World Cultural and Natural Heritage (1973); The Convention on International Trade in Endangered Species (1975); The Convention on Wetlands of International Importance (1985)(especially involved with waterfowl habitat); The Convention on Nature protection and Wildlife Preservation in the Western Hemisphere (1942). Appendix E: House Bill 2157, Ch 77, Director's Order 1, 2, & 3: Quagga/Zebra Mussels ----------------------------Senate Engrossed House Bill ----------------------------State of Arizona House of Representatives Forty-ninth Legislature First Regular Session 2009 ----------------------------CHAPTER 77 ----------------------------- HOUSE BILL 2157 ----------------------------AN ACT AMENDING SECTION 5-323, ARIZONA REVISED STATUTES; AMENDING TITLE 17, CHAPTER 2, ARIZONA REVISED STATUTES, BY ADDING ARTICLE 3.1; RELATING TO GAME AND FISH. (TEXT OF BILL BEGINS ON NEXT PAGE) Be it enacted by the Legislature of the State of Arizona: 50 Section 1. Section 5-323, Arizona Revised Statutes, is amended to read: 5-323. Disposition of fees Each month monies received from the registration fees received under this chapter for the numbering of watercraft shall be deposited, pursuant to sections 35-146 and 35-147, in a fund designated as the watercraft registration fee clearing account. Each month, on notification by the department, the state treasurer shall distribute the monies in the clearing account as follows: 1. All revenues collected from the registration fees collected pursuant to section 5-321, subsection A, paragraphs 1 and 2 shall be allocated as follows: (a) Sixty-five per cent shall be deposited in a special fund to be known as the watercraft licensing fund. The watercraft licensing fund is to be used by the department for administering and enforcing this chapter, and providing an information and education program relating to boating and boating safety AND ADMINISTERING ANY AQUATIC INVASIVE SPECIES PROGRAM ESTABLISHED UNDER THIS TITLE OR TITLE 17. These monies are subject to legislative appropriation. (b) Thirty-five per cent of such revenues shall be further allocated as follows: (i) Fifteen per cent to the state lake improvement fund to be used as prescribed by section 5-382. (ii) Eighty-five per cent to the law enforcement and boating safety fund to be used as prescribed by section 5-383. 2. All revenues collected from any additional registration fees collected pursuant to section 5-321, subsection C shall be paid to an account designated by a multi-county water conservation district established under title 48, chapter 22 to be used solely for the lower Colorado river multispecies conservation program and for no other purpose. Sec. 2. Title 17, chapter 2, Arizona Revised Statutes, is amended by adding article 3.1, to read: ARTICLE 3.1. AQUATIC INVASIVE SPECIES 17-255. Definition of aquatic invasive species IN THIS ARTICLE, UNLESS THE CONTEXT OTHERWISE REQUIRES, "AQUATIC INVASIVE SPECIES": 1. MEANS ANY AQUATIC SPECIES THAT IS NOT NATIVE TO THE ECOSYSTEM UNDER CONSIDERATION AND WHOSE INTRODUCTION OR PRESENCE IN THIS STATE MAY CAUSE ECONOMIC OR ENVIRONMENTAL HARM OR HARM TO HUMAN HEALTH. 2. DOES NOT INCLUDE: (a) ANY NONINDIGENOUS SPECIES LAWFULLY OR HISTORICALLY INTRODUCED INTO THIS STATE FOR SPORT FISHING RECREATION. (b) ANY SPECIES INTRODUCED INTO THIS STATE BY THE DEPARTMENT, BY OTHER GOVERNMENTAL ENTITIES OR BY ANY PERSON PURSUANT TO THIS TITLE. 17-255.01. Aquatic invasive species program; powers A. THE DIRECTOR MAY ESTABLISH AND MAINTAIN AN AQUATIC INVASIVE SPECIES PROGRAM. B. THE DIRECTOR MAY ISSUE ORDERS: 1. ESTABLISHING A LIST OF AQUATIC INVASIVE SPECIES FOR THIS STATE. 2. ESTABLISHING A LIST OF WATERS OR LOCATIONS WHERE AQUATIC INVASIVE SPECIES ARE PRESENT AND TAKE STEPS THAT ARE NECESSARY TO ERADICATE, ABATE OR PREVENT THE SPREAD OF AQUATIC INVASIVE SPECIES WITHIN OR FROM THOSE BODIES OF WATER. 3. ESTABLISHING MANDATORY CONDITIONS AS PROVIDED IN SUBSECTION C OF THIS SECTION ON THE MOVEMENT OF WATERCRAFT, VEHICLES, CONVEYANCES OR OTHER EQUIPMENT FROM WATERS OR LOCATIONS WHERE AQUATIC INVASIVE SPECIES ARE PRESENT TO OTHER WATERS. C. IF THE PRESENCE OF AN AQUATIC INVASIVE SPECIES IS SUSPECTED OR DOCUMENTED IN THIS STATE, THE DIRECTOR OR AN AUTHORIZED EMPLOYEE OR AGENT OF THE DEPARTMENT MAY TAKE ONE OR MORE OF THE FOLLOWING ACTIONS TO ABATE OR ELIMINATE THE SPECIES: 1. AUTHORIZE AND ESTABLISH LAWFUL INSPECTIONS OF WATERCRAFT, VEHICLES, CONVEYANCES AND OTHER EQUIPMENT TO LOCATE THE AQUATIC INVASIVE SPECIES. 2. ORDER ANY PERSON WITH AN AQUATIC INVASIVE SPECIES IN OR ON THE PERSON'S WATERCRAFT, VEHICLE, 51 CONVEYANCE OR OTHER EQUIPMENT TO DECONTAMINATE THE WATERCRAFT, VEHICLE, CONVEYANCE OR EQUIPMENT IN A MANNER PRESCRIBED BY RULE. NOTWITHSTANDING PARAGRAPH 3 OF THIS SUBSECTION, MANDATORY ON-SITE DECONTAMINATION SHALL NOT BE REQUIRED AT A LOCATION WHERE AN ON-SITE CLEANING STATION CHARGES A FEE. 3. REQUIRE ANY PERSON WITH A WATERCRAFT, VEHICLE, CONVEYANCE OR OTHER EQUIPMENT IN WATERS OR LOCATIONS WHERE AN AQUATIC INVASIVE SPECIES IS PRESENT TO DECONTAMINATE THE PROPERTY BEFORE MOVING IT TO ANY OTHER WATERS IN THIS STATE OR ANY OTHER LOCATION IN THIS STATE WHERE AQUATIC INVASIVE SPECIES COULD THRIVE. D. AN ORDER ISSUED UNDER SUBSECTION B OR C OF THIS SECTION IS EXEMPT FROM TITLE 41, CHAPTER 6, ARTICLE 3, EXCEPT THAT THE DIRECTOR SHALL PROMPTLY FILE A COPY OF THE ORDER WITH THE SECRETARY OF STATE FOR PUBLICATION IN THE ARIZONA ADMINISTRATIVE REGISTER PURSUANT TO SECTION 41-1013. 17-255.02. Prohibitions EXCEPT AS AUTHORIZED BY THE COMMISSION, A PERSON SHALL NOT: 1. POSSESS, IMPORT, SHIP OR TRANSPORT INTO OR WITHIN THIS STATE, OR CAUSE TO BE IMPORTED, SHIPPED OR TRANSPORTED INTO OR WITHIN THIS STATE, AN AQUATIC INVASIVE SPECIES. 2. NOTWITHSTANDING SECTION 17-255.04, SUBSECTION A, PARAGRAPH 4, RELEASE, PLACE OR PLANT, OR CAUSE TO BE RELEASED, PLACED OR PLANTED, AN AQUATIC INVASIVE SPECIES INTO WATERS IN THIS STATE OR INTO ANY WATER TREATMENT FACILITY, WATER SUPPLY OR WATER TRANSPORTATION FACILITY, DEVICE OR MECHANISM IN THIS STATE. 3. NOTWITHSTANDING SECTION 17-255.04, SUBSECTION A, PARAGRAPH 4, PLACE IN ANY WATERS OF THIS STATE ANY EQUIPMENT, WATERCRAFT, VESSEL, VEHICLE OR CONVEYANCE THAT HAS BEEN IN ANY WATER OR LOCATION WHERE AQUATIC INVASIVE SPECIES ARE PRESENT WITHIN THE PRECEDING THIRTY DAYS WITHOUT FIRST DECONTAMINATING THE EQUIPMENT, WATERCRAFT, VESSEL, VEHICLE OR CONVEYANCE. 4. SELL, PURCHASE, BARTER OR EXCHANGE IN THIS STATE AN AQUATIC INVASIVE SPECIES. 17-255.03. Violations; civil penalties; classification; cost recovery A. EXCEPT AS OTHERWISE PROVIDED BY THIS SECTION, A PERSON WHO VIOLATES THIS ARTICLE IS SUBJECT TO A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS. B. A PERSON WHO KNOWINGLY VIOLATES SECTION 17-255.02, PARAGRAPH 2 OR 4 IS GUILTY OF A CLASS 2 MISDEMEANOR. IN ADDITION, THE COMMISSION, OR ANY OFFICER CHARGED WITH ENFORCING THIS ARTICLE IF DIRECTED BY THE COMMISSION, MAY BRING A CIVIL ACTION IN THE NAME OF THIS STATE TO RECOVER DAMAGES AND COSTS AGAINST A PERSON WHO VIOLATES SECTION 17-255.02, PARAGRAPH 2 OR 4. DAMAGES AND COSTS RECOVERED PURSUANT TO THIS SUBSECTION SHALL BE DEPOSITED IN THE GAME AND FISH FUND. C. THE COURT SHALL ORDER A PERSON FOUND IN VIOLATION OF SECTION 17-255.01, SUBSECTION C, PARAGRAPH 2 TO PAY TO THIS STATE ALL COSTS NOT EXCEEDING FIFTY DOLLARS INCURRED BY THIS STATE TO DECONTAMINATE ANY WATERCRAFT, VEHICLE, CONVEYANCE OR OTHER EQUIPMENT ON WHICH AQUATIC INVASIVE SPECIES WERE PRESENT. MONIES PAID PURSUANT TO THIS SUBSECTION SHALL BE DEPOSITED IN THE GAME AND FISH FUND. D. THIS SECTION APPLIES REGARDLESS OF WHETHER THE DIRECTOR ESTABLISHES AN AQUATIC INVASIVE SPECIES PROGRAM PURSUANT TO SECTION 17-255.01. 17-255.04. Applicability; no private right of action A. THIS ARTICLE DOES NOT APPLY TO THE OWNER OR OPERATOR OF: 1. ANY SYSTEM OF CANALS, LATERALS OR PIPES, ANY RELATED OR ANCILLARY FACILITIES, FIXED EQUIPMENT AND STRUCTURES RELATED TO THE DELIVERY OF WATER AND ANY DISCHARGES FROM THE SYSTEM. 2. ANY WATER TREATMENT OR DISTRIBUTION FACILITY SYSTEM, ANY RELATED OR ANCILLARY FACILITIES, FIXED EQUIPMENT AND STRUCTURES AND ANY DISCHARGES FROM THE SYSTEM. 3. ANY DRAINAGE, WASTEWATER COLLECTION, TREATMENT OR DISPOSAL FACILITY SYSTEM, ANY RELATED OR ANCILLARY FACILITIES, FIXED EQUIPMENT AND STRUCTURES AND ANY DISCHARGES FROM THE SYSTEM. 4. A PUBLIC OR PRIVATE AQUARIUM AND EDUCATION OR RESEARCH INSTITUTION HOLDING A PERMIT PURSUANT TO 52 SECTION 17-238 OR 17-306. 5. ANY STOCK PONDS OR LIVESTOCK WATER FACILITIES OR DISTRIBUTION FACILITIES, INCLUDING FIXED EQUIPMENT AND STRUCTURES RELATED TO THE DELIVERY OF WATER AND ANY DISCHARGES FROM THE SYSTEM. B. THE DIRECTOR MAY CONSULT WITH THE ENTITIES LISTED IN SUBSECTION A OF THIS SECTION TO ASSIST IN THE IMPLEMENTATION OF THIS ARTICLE. C. THIS ARTICLE DOES NOT CREATE ANY EXPRESS OR IMPLIED PRIVATE RIGHT OF ACTION AND MAY BE ONLY ENFORCED BY THIS STATE. APPROVED BY THE GOVERNOR JULY 10, 2009. FILED IN THE OFFICE OF THE SECRETARY OF STATE JULY 10, 2009. 53 54 55 56 57