Iowa Code § 456A.37
Aquatic invasive species — prevention and control
Redline — January 1, 2012 → current.View current text →
Current — January 1, 2022
As of January 1, 2012
1. Definitions. As used in this section:
1. Definitions. As used in this section:
a. “Eurasian water milfoil” means myriophyllum spicatum, a submerged aquatic weed that invades lakes, ponds, reservoirs, and other bodies of water.
b. “Infestation of an aquatic invasive species” means an infestation of Eurasian water milfoil that occupies more than twenty percent of the littoral area of a body of water or an infestation of any other species defined as an aquatic invasive species in this section.
c. “Aquatic invasive species” means a species that is not native to an ecosystem and whose introduction causes or is likely to cause economic or environmental harm or harm to human health including but not limited to habitat alteration and degradation, and loss of biodiversity. For the purposes of this section, “aquatic invasive species” are limited to Eurasian water milfoil, purple loosestrife, zebra mussels, and those species identified as “aquatic invasive species” by the commission by rule.
d. “Purple loosestrife” means lythrum salicaria, a wetland plant that invades marshes, lakeshores, and other wetlands.
e. “Watercraft” means any vessel which through the buoyance of water floats upon the water and is capable of carrying one or more persons.
f. “Zebra mussel” means dreissena polymorpha, a small mussel that invades lakes, rivers, and other bodies of water.
2. Aquatic invasive species management plan. Before January 1, 2005, the commission shall prepare a long-term statewide aquatic invasive species water management plan. The plan shall address all of the following:
a. The detection and prevention of accidental introductions into the state of aquatic invasive species.
b. A public awareness campaign regarding aquatic invasive species.
c. The control and eradication of aquatic invasive species in public waters.
d. The development of a plan of containment strategies that at a minimum includes all of the following:
(1) The participation by lake associations, local citizen groups, and local units of government in the development of lake management plans where aquatic invasive species exist.
(2) Notice to travelers of the penalties for violation of laws relating to aquatic invasive species.
3. Grants. The director of the department of natural resources shall accept gifts, donations, and grants to aid in accomplishing the control and eradication of aquatic invasive species.
a. “Aquatic invasive species” means a nonnative wildlife or plant species that has been determined by the department to pose a significant threat to the aquatic resources or water infrastructure of the state.
b. “Aquatic plant” means a submergent, emergent, floating, or floating-leaved plant, including algae, and includes any part of such a plant.
c. “Bait” means the same as defined in section 481A.1.
d. “Water-related equipment” means a motor vehicle, boat, watercraft, dock, boat lift, raft, vessel, trailer, tool, implement, device, or any other associated equipment or container, including but not limited to portable bait containers, live wells, ballast tanks, bilge areas, and water-hauling equipment that is capable of containing or transporting aquatic invasive species, aquatic plants, or water.
2. Rulemaking. The commission shall adopt rules pursuant to chapter 17A for the implementation and administration of this section. The rules shall do all of the following:
a. Restrict the introduction, propagation, use, possession, and spread of aquatic invasive species.
a. Restrict the introduction, propagation, use, possession, and spread of aquatic invasive species.
b. Identify bodies of water with infestations of aquatic invasive species. The department shall require that such bodies of water be posted as infested. The department may prohibit boating, fishing, swimming, and trapping in infested bodies of water.
b. Identify waters of the state with infestations of aquatic invasive species. The commission shall require that such waters be posted as infested.
c. If the commission determines that an additional species should be defined as an “aquatic invasive species”, the species shall be defined by the commission by rule as an “aquatic invasive species”.
c. If the commission determines that an additional species should be defined as an “aquatic invasive species”, the species shall be defined by the commission by rule as an “aquatic invasive species”.
3. Prohibitions.
a. A person shall not do any of the following:
(1) Transport an aquatic invasive species on a public road.
(2) Place a trailer or launch a watercraft that contains or to which an aquatic invasive species is attached in public waters.
(3) Operate a watercraft in a marked aquatic invasive species infestation area.
a. A person shall not transport on a public road, or place or attempt to place into waters of the state, any water-related equipment that has an aquatic invasive species or aquatic plant attached to or within the water-related equipment except as follows:
(1) When authorized by a written permit issued by the director upon a finding that the person is unable to comply with the requirements of this lettered paragraph “a”, is substantially impacted by the prohibitions of this lettered paragraph “a”, and is affording adequate protection of the aquatic resources or water infrastructure of the state by an alternative means.
(2) When the department, or other governmental entity approved by the director, is undertaking management activities that would constitute prohibited activities under this lettered paragraph “a” but are necessary to manage the aquatic resources or water infrastructure of the state, including but not limited to aquatic invasive species control, and sufficient mitigation efforts are undertaken to avoid or minimize, to the greatest extent possible, exposure of the waters of the state to an aquatic invasive species.
(3) When disposing of or engaging in a control activity of an aquatic invasive species and exposure to other waters of the state is minimized.
(4) When transporting commercial or municipal aquatic plant harvesting equipment to a suitable location away from any waters of the state, for purposes of cleaning the equipment of any remaining aquatic plants or wildlife.
(5) When water-related equipment is legally purchased or traded by or from a commercial source.
(6) For purposes of constructing or transporting a shooting or observation blind, provided that there are no aquatic invasive species present on or in the blind, and the aquatic plants used on or in the blind are emergent, cut above the waterline, and contain no propagules such as seed heads, roots, or rhizomes.
(7) For purposes of submitting a sample to the department or to another entity as directed by the department, provided that the sample is in a sealed container. Any test results of such samples shall be reported to the department.
(8) When engaged in emergency response activities, provided that the person engaged in such activities is affiliated with a law enforcement agency or an agency with emergency response authority.
(9) When otherwise permitted under a disaster declaration issued consistent with chapter 29C.
b. A person shall drain all water from water-related equipment when leaving the waters of the state and before transporting the water-related equipment off a water access area or riparian property. Drain plugs, bailers, valves, or other devices used to control the drainage of water from ballast tanks, bilges, and live wells shall be removed or opened while transporting water-related equipment except as follows:
(1) When authorized by a written permit issued by the director upon a finding that the person is unable to comply with the requirements of this lettered paragraph “b”, is substantially impacted by the prohibitions of this lettered paragraph “b”, and is affording adequate protection of the aquatic resources or water infrastructure of the state by an alternative means.
(2) When the department, or other governmental entity approved by the director, is undertaking management activities that would constitute prohibited activities under this lettered paragraph “b” but are necessary to manage the aquatic resources or water infrastructure of the state, including but not limited to aquatic invasive species control, and sufficient mitigation efforts are undertaken to avoid or minimize, to the greatest extent possible, exposure of the waters of the state to an aquatic invasive species.
(3) When water-related equipment constitutes a marine sanitary system, a closed engine cooling system, or is a tank or container of potable drinking water or other beverage intended for human consumption.
(4) When engaged in emergency response activities, provided that the person engaged in such activities is affiliated with a law enforcement agency or an agency with emergency response authority.
(5) When otherwise permitted under a disaster declaration issued consistent with chapter 29C.
c. A person who violates this subsection is subject to a scheduled fine pursuant to section 805.8B, subsection 5.
4. Inspections. Persons operating and transporting water-related equipment shall inspect the equipment for aquatic invasive species when the equipment is removed from, or before entering, waters of the state. If an aquatic invasive species is present on or within the water-related equipment, the aquatic invasive species shall be removed immediately. Any water-related equipment is subject to inspection by a representative of the department. A representative of the department may prohibit a person from placing or operating water-related equipment in waters of the state if the person refuses to allow an inspection of the water-related equipment or refuses to remove and dispose of aquatic invasive species, aquatic plants, or water on or within the water-related equipment.
96 Acts, ch 1042, §1; 2001 Acts, ch 137, §5; 2004 Acts, ch 1137, §1; 2005 Acts, ch 137, §2, 3; 2005 Acts, ch 179, §70, 71
96 Acts, ch 1042, §1; 2001 Acts, ch 137, §5; 2004 Acts, ch 1137, §1; 2005 Acts, ch 137, §2, 3; 2005 Acts, ch 179, §70, 71; 2013 Acts, ch 67, §1; 2014 Acts, ch 1026, §104
Referred to in
Official source: Iowa Legislature. Reproduced from public-domain Iowa statutes; confirm against the official source for the current text. Not legal advice.