From Theory to Practice: A Comparison of State Watercraft Inspection and Decontamination Programs to Model Legislative Provisions.

摘要

In March 2014, the National Sea Grant Law Center (NSGLC) and the Association of Fish and Wildlife Agencies released “Preventing the Spread of Aquatic Invasive Species by Recreational Boats: Model Legislative Provisions & Guidance to Promote Reciprocity among State Watercraft Inspection and Decontamination Programs” (Model). The guide was a product of “Building Consensus in the West,” an initiative of the Western Regional Panel on Aquatic Nuisance Species (WRP). The goal of the WRP initiative is to develop a multi-state vision for watercraft inspection and decontamination (WID) programs. These model legislative provisions were developed for two purposes. First, the provisions offer guidance to states with existing WID programs to help build a foundation for multi-state reciprocity. Second, for states without WID programs, the provisions outline a legal framework for the authorization of new WID programs. To assist state natural resource managers and policy-makers in identifying commonalties, differences, and gaps among states, the NSGLC undertook a review of each state’s WID laws and regulations to see how each state’s program compared to the authorities set forth in the Model. It is important to note that although every state has some statutory and regulatory provisions addressing aquatic invasive species (AIS), especially aquatic plants, this comparison focused solely on analyzing state legal authorities specifically enacted to address transport of AIS by recreational watercraft. Through this review, the NSGLC found that nineteen states (Alabama, Alaska, Arkansas, Delaware, Georgia, Hawaii, Kentucky, Louisiana, Mississippi, Missouri, New Jersey, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Virginia, and West Virginia) had no relevant statutory or regulatory provisions. Interestingly, Alabama specifically exempts the recreational watercraft vector from its aquatic plant prohibitions. Alabama prohibits the introduction and placement of any nonindigenous aquatic plant into waters of the state. However, “the unintentional adherence to a boat or boat trailer of a nonindigenous aquatic plant, and its subsequent unintentional transportation or dispersal in the course of common and ordinary boating activities and practices, does not constitute a violation.” (ALA. CODE ANN. § 9- 20-3). Sixteen states have WID programs. Lake Tahoe, NV and Lake George, NY also have in place a WID program. However, these programs were not included in the comparisons because they are either at the local or regional level, and their implementing authorities are quite different. In addition, another fifteen states have elements in place that provide the foundation for a WID program, such as transport or launching restrictions or state-supported voluntary inspection programs. These thirty-one state programs are summarized below.