Nevada County Municipal Code Ch. 14 Aquatic Invasive Species Prevention

The purpose of this Section is to protect all native and desired aquatic species, aquatic habitat, commerce and recreation in waters of the County of Nevada east of the Sierra crest by preventing the introduction and spread of Aquatic Invasive Species.

Nothing herein shall be deemed to or construed as creating an affirmative duty on the County to enforce the provisions of this Section, and no General Fund monies shall be used for administering or enforcing this program.

A. Water bodies within the County of Nevada may be adversely affected by the introduction of certain non-native species which have the potential to rapidly proliferate, harm and/or consume native species and food resources, and drastically alter the ecosystem of those water bodies. This can adversely impact the ecology, recreation, water supply, water quality, and economy of the region.

B. In particular, species of Dreissenid mussels such as Quagga and Zebra mussels pose a significant and imminent threat to water bodies within the County of Nevada. Dreissenid mussels have already created serious and irreparable harm to bodies of water located in other locations in the United States and California.

C. Presently, it does not appear that any water body in the County of Nevada has been infested with Dreissenid mussels. However, water vessels entering the County of Nevada from other areas may have recently been launched in infested waters, making those vessels at high risk to carry mussels, both adults and larvae, into County of Nevada waters.

D. A screening and inspection program is integral to the preservation of the water bodies and water distribution systems within the County of Nevada and to the drainages from the County of Nevada

(Ord. 2530. (10/24/2023))

A. Aquatic Invasive Species shall mean any invertebrates, plants, or fish species not already native to the waters of the County of Nevada whose introduction to those waters is likely to cause economic or environmental harm or harm to human health.

B. County shall mean the County of Nevada, State of California.

C. Water body or Waters of the County of Nevada shall mean the following public water bodies or waterways within the County of Nevada east of the Sierra crest, which are managed for public use and recreation: Boca Reservoir, Donner Lake, Independence Lake, Martis Creek Reservoir, and Prosser Reservoir.

D. Watercraft shall mean any vessel capable of carrying one (1) or more people over water, and shall include, without limitation, all boats, canoes, kayaks, skiffs and rafts.

(Ord. 2530. (10/24/2023))

A. No persons shall knowingly transport or introduce any Aquatic Invasive Species into the Waters of the County of Nevada.

B. No person shall knowingly launch any watercraft contaminated with any Aquatic Invasive Species into the Waters of the County of Nevada

C. No person shall launch any watercraft into the waters of the County of Nevada without first submitting to an inspection pursuant to Section 10.14.050, when such an inspection is required by a duly authorized agent of the County or by County personnel.

D. No person shall launch any watercraft into the Waters of the County of Nevada without having their watercraft decontaminated when directed to do so by a duly authorized agent of the County or by County personnel.

E. No person shall knowingly provide false information to any person authorized to inspect, decontaminate or quarantine watercraft pursuant to Section 10.14.050 below.

(Ord. 2530. (10/24/2023))

A. The County of Nevada may appoint such agents and/or assign such County personnel as the Board of Supervisors may from time to time authorize to inspect watercraft prior to launching into Waters of the County of Nevada to detect the presence and prevent the introduction of Aquatic Invasive Species. When inspection is required by any such duly authorized agent or County personnel, no person may launch a watercraft without first submitting to an inspection under this Section.

B. Any watercraft inspected pursuant to Section 10.14.050(a) that is found to have indicia of contamination by Aquatic Invasive Species may be required to undergo decontamination procedures or be quarantined prior to launch, pursuant to decontamination or quarantine procedures and requirements as shall be prescribed by the Agricultural Commissioner. Prior to launching into Waters in the County of Nevada, any watercraft having undergone decontamination or quarantine procedures pursuant to this Section shall be subject to such inspection and certification requirements as may from time to time be duly established by the Board of Supervisors.

C. Prior to launching any watercraft into Waters of the County of Nevada and/or at the time of the inspection, the owner and/or operator of the watercraft may be required to execute an affidavit indicating whether the watercraft has been operated in any waters known to contain Aquatic Invasive Species and, if so, providing the date(s) of said operation, the length of time that the watercraft has been continuously stored in a drained and dry condition subsequent to being on a water body containing Aquatic Invasive Species, and what decontamination or quarantine procedures, if any, the watercraft has undergone. The affidavit shall be on a form approved by the County and shall contain a list of waters known to contain Aquatic Invasive Species. The affidavit shall be signed under penalty of perjury.

D. No person shall be required to submit a watercraft to inspection under this Section. If the watercraft owner or operator refuses to consent to inspection or screening, that watercraft shall not be allowed to launch in any Waters of the County of Nevada and shall be in violation of this Chapter if they should nonetheless attempt to or actually launch in any Waters of the County of Nevada.

E. The owner of Waters of the County of Nevada shall be responsible for developing and implementing an Aquatic Invasive Species Prevention Program consistent with this Chapter and for identifying those persons who shall be authorized by the County to administer inspections and/or decontamination and quarantine procedures under this Chapter. All such Programs shall be outlined in writing and submitted for review by the County of Nevada Agricultural Commissioner or their designee.

(Ord. 2530. (10/24/2023))

All watercrafts inspected pursuant to this Section shall be subject to payment of fees to pay for the inspection and/or decontamination. Inspection and/or decontamination fees shall be in such amounts as may be established from time to time by resolution of the Board of Supervisors.

(Ord. 2530. (10/24/2023))

Any violation of this Section is hereby declared to be unlawful and a public health nuisance and may be abated by such agents or County personnel as the Board of Supervisors may from time to time designate, irrespective of any other remedy provided in this Section.

(Ord. 2530. (10/24/2023))

Every violation shall be an infraction and shall be punishable as such by a fine in the maximum amount(s) allowed under Cal. Gov't Code § 25132(b).

(Ord. 2530. (10/24/2023))