THE ORIGINATION OF THE LAKE HAVASU “STICKER A MUSSEL” INVASIVE SPECIES PROGRAM
The Lake Havasu Marine Association (LHMA) has been aware of the mussel situation for over four years (2012) but we were frankly caught off guard when reports of $500 tickets for “moving a mussel” and what was happening at bordering states started to emerge. After discussions from a very knowledgeable and valuable resource at Lake Mead, Level 2 Invasive Species Trainer Dee Davis, it became apparent there was an growing threat to the freedom to trailer boats across State lines, as well as from your home base to Lake Havasu and back home. Armed with that concern and the need to find out more, Jim Salscheider booked a seat at Dee’s Level 2 training class at Lake Mead. After two days of mussel school, it became abundantly clear the potential problem Lake Havasu faced: first and foremost, to our California boaters who make up over 90% of the boaters who travel to Lake Havasu would be faced with this dilemma.
In our class were several inspectors from other States and literature from those States as well. We looked and listened and a solution to our problem started to emerge.
We learned that:
– A high percentage of mussels found are on the anchor, chain and attached rope.
– Clean, wash and dry should be effective to remove invasive species if properly executed.
– We needed a clear understanding and an ongoing reminder for the boater in order to facilitate proper cleaning protocol.
– If a sticker was the answer, the color and aesthetics were very important
So was the location of that sticker.
We felt it was extremely important that the Inspector see the sticker first as they typically check the hitch area first. After considerable input from both CA and AZ G&F, BLM, US Fish & Wildlife, and CA Border Inspectors, the final version of the sticker has emerged: it’s pretty simple for the weekend boater –follow the instructions on the sticker and you shouldn’t have a problem passing through border inspection stations.
On one hand, the LHMA must lead the effort to minimize the potential negative economic impact to our boating economy and to our businesses. We must also mount an effective campaign to deter the spread of destructive mussels to other bodies of water – “it’s the right thing to do.”
We hope this sticker becomes a symbol that we collectively recognize the problem, that we care, that we will do our part in stopping the spread of the Quagga mussel. We ask other agencies to do their part and together we can make a difference!
The LHMA is committed to educate and sticker every trailer that comes into our area from Pirate Cove Resort and Topock 66 in the North, down to the South as far as Yuma, and on both sides of the river and lake. That includes:
-Every launch ramp
-Every boat retailer
-Every boat service shop
-Every rental boat operator
-Every detailer service
That is our Association’s commitment to recreational boating.
Let’s everyone do their part: so far for the past 43 months we are averaging 520 boater education contacts per month. A special thanks goes out to U.S. Fish & Wildlife for generously awarding us a federal grant to help us fund this valuable outreach effort.
IT’S THE RIGHT THING TO DO!
Jim Salscheider, President/CEO,
Lake Havasu Marine Association
“STICKER A MUSSEL” STICKERS ARE AVAILABLE AT THE FOLLOWING LAKE HAVASU CITY SUPPORTING BUSINESSES:
ARIZONA REFLECTIONS, BARRETT MARINE, BASS TACKLE MASTERS, BEACHCOMBER RV, CAT TAIL COVE, CHEETAH BOATS, COAST GUARD AUXILIARY, CONQUEST BOATS, CRAZYHORSE CAMPGROUNDS, DOMN8ER POWERBOATS, E-TICKET BOATS, GOT WATER RENTALS, HAVASU POWERSPORTS, HAVASU SPRINGS RESORT, HORIZON MOTORSPORTS, ISLANDER RV, INSTITCHES, JC MARINE, JR MOTOR SALES, LAKE HAVASU STATE PARK, LAKELAND MARINE, LONDON BRIDGE RESORT, MAGIC POWERBOATS, NAUTICAL BEACHFRONT RESORT, NORDIC BOATS, PIRATE COVE RESORT, PRESTIGE MARINE, RON’S CUSTOM DETAIL, RON’S IN-YOUR-EAR-AUDIO, SUN COUNTRY MARINE, THE BOAT BROKER, TOPOCK 66, USA RV & MARINE.
(you must have your boat and trailer present at the time you receive your “sticker”)
HAS YOUR BOAT BEEN IN-WATER AT LAKE HAVASU FOR FIVE OR MORE CONSECUTIVE DAYS? IF SO, IT MUST BE PROFESSIONALLY DECONTAMINATED TO AVOID SPREADING INVASIVE SPECIES TO OTHER BODIES OF WATER. THERE IS A DECON CENTER AT LAKE HAVASU STATE PARK — PLEASE CONTACT KATE STEIGHLER AT ARIZONA GAME & FISH DEPARTMENT, 480-353-0534 FOR AN APPOINTMENT, OR CALL 623-236-7608, OR CALL 602-920-4891.
BODIES OF WATER KNOWN TO CONTAIN INVASIVE SPECIES (Quagga Mussels)
ARIZONA: THE LOWER COLORADO RIVER, LAKE HAVASU, PARKER, BLYTHE, LAKE MOHAVE, LAKE PLEASANT, TOPOCK MARSH, MARTINEZ LAKE, MITTRY LAKE, CANYON LAKE.
CALIFORNIA: LAKE DIXON, SAN VICENTE RESERVOIR, COPPER BASIN RESERVOIR, LAKE MATTHEWS, LAKE SKINNER, LOWER OTAY RESERVOIR, MURRAY RESERVOIR, LAKE MIRAMAR, SWEETWATER RESERVOIR, SAN JUSTO LAKE, IMPERIAL RESERVOIR, EL CAPITAN RESERVOIR, LAKE JENNINGS, OLIVENHAIN RESERVOIR, IRVINE LAKE, RATTLESNAKE RESERVOIR, LAKE RAMONA, WALNUT CREEK RESERVOIR, ANAHEIM LAKE, LAKE POWAY, PYRAMID LAKE, LAKE PIRU.
NEVADA: LAKE MEAD, LAKE MOHAVE
WANT INFORMATION ABOUT WESTERN STATES BOAT INSPECTIONS? CLICK ON THE FOLLOWING LINKS FOR SPECIFIC STATE UPDATES.
ARIZONA — http://www.azgfd.gov/ais
CALIFORNIA — http://www.dfg.ca.gov/quaggamussel/
KANSAS — http://www.protectKSwaters.org
LAKE TAHOE — http://www.TahoeBoatInspections.com
NEVADA — http://www.ndow.org
NEBRASKA — http://www.snr.unl.edu/invasives/boater.htm
NORTH DAKOTA — http://www.gf.nd.gov/fishing/ans.html
OREGON — http://www.boatoregon.com
SOUTH DAKOTA — http://www.gfp.sd.gov/wildlife/nuisance/aquatic
WASHINGTON — http://www.wdfw.wa.gov/ais
ARIZONA AQUATIC INVASIVE SPECIES RULE UPDATES: September 19, 2017 — ARIZONA GAME & FISH COMMISSION
The proposed rulemaking enacts recommendations developed during the five-year review. The proposed amendments clarify decontamination procedures when leaving any waterbody affected by aquatic invasive species. The rules are being amended to: Renumber the Article and rules; and Clarify that a person must remove all plugs and devices, except those that are sealed and exist for maintenance purposes only, and any other barriers that prevent water drainage while the watercraft, vehicle, conveyance, or equipment is in transport after leaving any affected waterbody.
The Commission approved the Article 11 Five-year Review Report (5YRR) at the December 2, 2016 Commission Meeting and the Governor’s Regulatory Review Council approved the report at the March 7, 2017 Council Meeting.
NOTICE OF EXPEDITED RULEMAKING DOCKET OPENING TITLE 12. NATURAL RESOURCES CHAPTER 4. GAME AND FISH COMMISSION
1. Title and its heading: 12, Natural Resources Chapter and its heading: 4, Game and Fish Commission Article and its heading: 11, Aquatic Invasive Species Section numbers: Article 9, R12-4-901, R12-4-902, Article 11, R12-4-1101, R12-41102 2. The subject matter of the proposed rule: The objective of the rules is to establish the requirements necessary to eradicate, abate, or prevent the transport and spread of aquatic invasive species in and through Arizona. The rules are being amended to renumber the Article and rules and clarify that a person must remove all plugs and devices, except those that are sealed and exist for maintenance purposes only, and any other barriers that prevent water drainage while the watercraft, vehicle, conveyance, or equipment is in transport after leaving any affected waterbody. 3. A citation to all published notices relating to the proceeding: Notice of Proposed Rulemaking: (volume #) A.A.R. (to be filled in by the Register Editor), (date) 4. The name and address of agency personnel with whom persons may communicate regarding the rule: Name: Chris Cantrell, Aquatics Branch Chief Address: Arizona Game and Fish Department 5000 W. Carefree Highway Phoenix, AZ 85086 Telephone: (623) 236-7259 Fax: (623) 236-7265 E-mail: CCantrell@azgfd.gov Please visit the AZGFD website to track the progress of this rule; view the regulatory agenda and all previous Five-year Review Reports; and learn about any other agency rulemaking matters at https://www.azgfd.com/agency/rulemaking/. 5. The time during which the agency will accept written comments and the time and place where oral comments may be made: The Commission will accept comments Monday through Friday from 8:00 a.m. until 5:00 p.m. at the address listed under item #4 for thirty days from the date the Notice of Proposed Rulemaking is published in the Arizona Administrative Register. Information regarding an oral proceeding will be included in the Notice of Proposed Rulemaking. 6. A timetable for agency decisions or other action on the proceeding, if known: To be determined.
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NOTICE OF PROPOSED EXPEDITED RULEMAKING TITLE 12. NATURAL RESOURCES CHAPTER 4. GAME AND FISH COMMISSION
1. Article, Part, or Section Affected (as applicable) Rulemaking Action Article 11 Renumber Article 9 Renumber R12-4-1101 Renumber R12-4-901 Renumber R12-4-1102 Renumber R12-4-902 Renumber R12-4-902 Amend 2. Citations to the agency’s statutory authority to include the authorizing statute (general) and the implementing statute (specific): Authorizing statute: A.R.S. § 17-231(A)(1) Implementing statute: A.R.S. §§ 5-311(A)(5), 17-255.01, 17-255.02, and 17-255.03 3. Citations to all related notices published in the Register as specified in R1-1-409(A) that pertain to the record of the proposed rule: Notice of Rulemaking Docket Opening: ## A.A.R. (to be filled in by the Register Editor), 4. The agency’s contact person who can answer questions about the rulemaking: Name: Chris Cantrell, Aquatics Branch Chief Address: Arizona Game and Fish Department 5000 W. Carefree Highway Phoenix, AZ 85086 Telephone: (623) 236-7259 Fax: (623) 236-7265 E-mail: CCantrell@azgfd.gov Please visit the AZGFD website to track the progress of this rule; view the regulatory agenda and all previous Five-year Review Reports; and learn about any other agency rulemaking matters at https://www.azgfd.com/agency/rulemaking/. 5. An agency’s justification and reason why the rule should be made, amended, repealed, or renumbered, to include an explanation about the rulemaking: An exemption from Executive Order 2015-01 was provided for this rulemaking by Hunter Moore, Natural Resource Policy Advisor, Governor’s Office, in an email dated May 1, 2017. R12-4-1101. Definitions
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The objective of the rule is to establish definitions that assist the regulated community and members of the public in understanding the unique terms that are used throughout Article 11. The Commission proposes to renumber the rule to R12-4-901. R12-4-1102. Aquatic Invasive Species; Prohibitions; Inspection, Decontamination Protocols The objective of the rules is to establish the requirements necessary to eradicate, abate, or prevent the transport and spread of aquatic invasive species in and through Arizona. Aquatic invasive species are a threat to Arizona’s water and electrical infrastructure and the public’s angling and boating recreation. It is critical for anyone who owns or uses watercraft, vehicle, conveyance or equipment on Arizona’s waterbodies, to understand the essential nature of the aquatic invasive species containment effort by the Department, other state and federal agencies and political subdivisions. The spread of aquatic invasive species will result in far-reaching impacts that can touch virtually every resident of Arizona. For example, quagga mussels have a negative ecological and environmental impact to Arizona waterways and water delivery systems. These mussels accumulate on underwater surfaces and impair water delivery structures and systems. They clog water intake and delivery pipes and infest hydropower infrastructure, dams, and water control structures. They adhere to watercraft bottoms, engines, docks, and pilings and can ultimately destroy beaches and alter the functioning of native aquatic ecosystems. The principle pathway for quagga mussel transfer between watersheds is the overland movement of boats and equipment with attached adult mussels and the movement of water itself containing juvenile mussels in undrained bilge areas, live wells, internal storage spaces, or conveyances designed to carry water. The initial movement of these mussels to the Colorado River was in all likelihood as a hitchhiker on a boat or equipment item that was moved more than 1,000 miles overland. Aquatic invasive species are currently established in a number of Arizona waterbodies: Lake Pleasant, Lake Havasu, Lake Mead, Lake Mohave, Martinez Lake, Mittry Lake, Topock Marsh, and Lake Powell; water delivery systems: parts of the Central Arizona Project aqueduct and Salt River Project Canal System; and other states and countries: Alabama, Arkansas, California, Colorado, Connecticut, Iowa, Illinois, Indiana, Kentucky, Louisiana, Massachusetts, Maryland, Michigan, Minnesota, Missouri, Mississippi, Nebraska, Nevada, New York, Ohio, Oklahoma, Pennsylvania, Texas, Utah, Virginia, Vermont, Wisconsin, West Virginia; and the Provinces of Ontario and Quebec. Since 2011, in addition to media campaigns (newsletters, billboards, radio and televisions advertisements), the Department’s Aquatic Invasive Species Program has performed numerous outreach campaigns and conducted surveys on the boat ramps at various quagga infested waterbodies (e.g., Havasu, Pleasant, and Powell). State-wide surveys indicate a gap between knowledge of required actions and the physical action of pulling a drainage plug when exiting infested waterbodies in Arizona. In 2015, 85% of boaters surveyed verbally by Department personnel said they pull their boat’s plug upon exit; however only 67% were physically observed pulling the boat’s drain plug upon exiting. The Commission has determined there are issues with compliance due to the current boating culture, (similar to requiring the use of seat belts in automobiles) which will require a paradigm shift in common boating practices. Some persons do not believe they need to remove plugs and devices that prevent water from draining;
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other persons remove the plug or barrier, but then replace it before leaving the waterbody, which makes it difficult for law enforcement to determine whether a person is in compliance with the rule when they are driving away from a waterbody where aquatic invasive species are established or suspected with the plug and/or device in place. To more clearly communicate compliance requirements and enable an officer to immediately determine whether a person has complied with the rule, the Department proposes to amend the rule to specify a person is required to remove all plugs and devices, except those that are sealed and exist for maintenance purposes only, and any other barriers that prevent water drainage while a watercraft, vehicle, conveyance, or equipment is in transport after leaving any affected waterbody. In addition, the Commission proposes to renumber the rule to R12-4-902. 6. A reference to any study relevant to the rule that the agency reviewed and proposes to either rely on or not rely on in its evaluation of or justification for the rule, where the public may obtain or review each study, all data underlying each study, and any analysis of each study and other supporting material: The agency did not rely on any study in its evaluation of or justification for the rule. 7. A showing of good cause why the rulemaking is necessary to promote a statewide interest if the rulemaking will diminish a previous grant of authority of a political subdivision of this state: Not applicable 8. The preliminary summary of the economic, small business, and consumer impact: Under A.R.S. § 41-1027, the rulemaking is exempt from this requirement; however, the Commission offers the following: The Commission anticipates the proposed amendments will have an insignificant impact on persons regulated by the rule. However, establishing conditions for the overland movement of watercraft, vehicles, conveyances, and equipment is crucial in helping to prevent the accidental spread of aquatic invasive species and the far-reaching financial and ecological impacts that can affect virtually every Arizona resident and water storage, treatment, and delivery provider. The rulemaking will benefit private consumers and public and private entities by addressing a current threat to the state’s economy, ecology, and public health and safety. The rulemaking will have little or no financial effect on most watercraft owners and operators. The Commission anticipates increased costs associated with implementing the amended rules due to increased training of enforcement officers. The Commission has determined that the benefits of the rulemaking outweigh any costs. 9. The agency’s contact person who can answer questions about the economic, small business, and consumer impact statement: See item #4. 10. The time, place, and nature of the proceedings to make, amend, repeal, or renumber the rule, or if no proceeding is scheduled, where, when, and how persons may request an oral proceeding on the proposed rule: Date: December 1, 2017 Time: 8:00 a.m. to 5:00 p.m. Location: 5000 W Carefree Highway Phoenix, Arizona 85086
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Close of record: December 1, 2017 11. All agencies shall list other matters prescribed by statute applicable to the specific agency or to any specific rule or class of rules. Additionally, an agency subject to Council review under A.R.S. §§ 41-1052 and 41-1055 shall respond to the following questions: a. Whether the rule requires a permit, whether a general permit is used, and if not, the reason why a general permit is not used: The rule does not require the issuance of a regulatory permit, license, or agency authorization. b. Whether a federal law is applicable to the subject of the rule, whether the rule is more stringent than federal law, and if so, citation to the statutory authority to exceed the requirements of federal law: Federal law is not directly applicable to the subject of the rule. The rule is based on state law. c. Whether a person submitted an analysis to the agency that compares the rule’s impact of the competitiveness of business in this state to the impact on business in other states: The Department did not receive any analyses. 12. A list of any incorporated by reference material as specified in A.R.S. § 41-1028 and its location in the rules: Not applicable 13. The full text of the rules follows:
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TITLE 12. NATURAL RESOURCES CHAPTER 4. GAME AND FISH COMMISSION ARTICLE 119. AQUATIC INVASIVE SPECIES
Section R12-4-1101. R12-4-901. Definitions R12-4-1102. R12-4-902. Aquatic Invasive Species; Prohibitions; Inspection, Decontamination Protocols
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ARTICLE 119. AQUATIC INVASIVE SPECIES
R12-4-1101. R12-4-901. Definitions In addition to the definitions provided under A.R.S. §§ 5-301 and 17-255, the following definitions apply to this Article, unless otherwise specified: “Aquatic invasive species” means those species listed in Director’s Order 1. “Certified agent” means a person who meets Department standards to conduct inspections authorized under A.R.S. § 17-255.01(C)(1). “Conveyance” means a device designed to carry or transport water. Conveyance includes, but is not limited to, dip buckets, water hauling tanks, and water bladders. “Equipment” means an item used either in or on water; or to carry water. Equipment includes, but is not limited to, trailers used to launch or retrieve watercraft, rafts, inner tubes, kick boards, anchors and anchor lines, docks, dock cables and floats, buoys, beacons, wading boots, fishing tackle, bait buckets, skin diving and scuba diving equipment, submersibles, pumps, sea planes, and heavy construction equipment used in aquatic environments. “Operator” means a person who operates or is in actual physical control of a watercraft, vehicle, conveyance or equipment. “Owner” means a person who claims lawful possession of a watercraft, vehicle, conveyance, or equipment. “Person” has the same meaning as defined under A.R.S. § 1-215. “Release” means to place, plant, or cause to be placed or planted in waters. “Transporter” means a person responsible for the overland movement of a watercraft, vehicle, conveyance, or equipment. “Waters” means surface water of all sources, whether perennial or intermittent, in streams, canyons, ravines, drainage systems, canals, springs, lakes, marshes, reservoirs, ponds, and other bodies or accumulations of natural, artificial, public or private waters situated wholly or partly in or bordering this state.
R12-4-1102. Aquatic Invasive Species; Prohibitions; Inspection, Decontamination Protocols A. A person shall not, unless authorized under Article 4: 1. Possess, import, ship, or transport into or within this state an aquatic invasive species, unless authorized by the Director. 2. Sell, purchase, barter, or exchange in this state an aquatic invasive species. 3. Release an aquatic invasive species into waters or into any water treatment facility, water supply or water transportation facility, device or mechanism in this state. B. Upon removing a watercraft, vehicle, conveyance, or equipment from any waters listed in Director’s Order 2 and before leaving that location prior to transport, a person shall: 1. Remove all clinging materials such as plants, animals, and mud. 2. Remove any plug or all plugs and other barrier valves or devices that prevents prevent water drainage or, where none exists, take reasonable measures to drain or dry from all compartments or spaces that hold may
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retain water. Reasonable measures include, but are not limited to, emptying, such as ballast tanks, ballast bags, bilges, application of absorbents, or ventilation and ensure plugs or devices remain removed or open during transport. 3. If no plugs or barriers exist, take reasonable measures to drain or dry all compartments or spaces that may retain water. Reasonable measures include, but are not limited to, emptying bilges, application of absorbents, or ventilation. C. Before transporting a watercraft, vehicle, conveyance, or equipment to any waters located within or bordering this state from waters or locations where aquatic invasive species are suspected or known to be present, as listed in Director’s Order 2, a person shall comply with the mandatory conditions and protocols identified in Director’s Order 3 for decontamination of watercraft, vehicles, conveyances, and equipment. D. Department employees, certified agents, and Arizona peace officers authorized under A.R.S. § 17-104 may inspect a watercraft, vehicle, conveyance, or equipment for the purposes of determining compliance with A.R.S. Title 17, Chapter 2, Article 3.1 and this Section. E. If the presence of an aquatic invasive species is documented or suspected on or in a watercraft, vehicle, conveyance, or equipment, a Department employee or any Arizona peace officer may order a person to decontaminate or cause to be decontaminated such watercraft, vehicle, conveyance, or equipment using the mandatory protocols described in Director’s order Order 3, which includes the submission of a completed Aquatic Invasive Species Boat Inspection Report to the Department. F. The following Director’s Orders are available at any Department office and online at azgfd.gov: 1. Director’s Order 1 – Listing of Aquatic Invasive Species for Arizona, 2. Director’s Order 2 – Designation of Waters or Locations Where Listed Aquatic Invasive Species are Present, and 3. Director’s Order 3 – Mandatory Conditions on the Movement of Watercraft, Vehicles, Conveyances, or Other