Assembly Bill 1334  would ban the entire genus of Caulerpa though there is no evidence whatsoever that every Caulerpa species is in fact “invasive” or threatens the environment.  The legislation stems from problems with Caulerpa taxifolia in the San Diego and Huntington Beach areas. 

Proponents argue that all of the species should be banned because they look alike, cannot be easily distinguished and possess similar DNA structure.   AB 1334 would make it illegal for any person to “sell, possess, import, transport, release alive in the state, transfer, or give away without consideration the salt water algae of the genus Caulerpa.” Violations of the law could result in the assessment of civil penalties of at least $500 and as much as $10,000 for each offense. 

Since it is virtually impossible to distinguish between Caulerpa taxifolia Mediterranean strain and Caulerpa taxifolia indigenous to North America, PIJAC supported the imposition of a ban with respect to the species C. taxifolia.  PIJAC strongly opposed, however, setting bad precedent by banning an entire genus because one species within the genus is an invasive species.  Timothy Hovanec, Ph.D. (Marineland/Aquaria and PIJAC President) testified at the April 3 Hearing in Sacramento pointing out that there is no legitimate basis for banning an entire genus, absent sound science demonstrating all species are affected. Examples abound of a nuisance plant in a genus where the rest of the genus is fine.  The mere fact that DNA similarities exist is not a predictor that invasiveness will follow.

Points raised by Dr. Hovanec 

· Restrictions on C. taxifolia, including C. taxifolia Mediterranean because of the look-alike issue, are reasonable. The industry supports such a ban

· Restrictions on a whole genus are not warranted merely because a single species may be invasive.

· Similarities in DNA among species of a given genus do not necessarily indicate that all share invasive potential. A ban should not be imposed without sound scientific basis.

· The so-called “look-alike” rationale, while sometimes applicable to similar species, is not a valid basis for capriciously banning an entire genus. If persons in the trade can distinguish species within the genus Caulerpa, then inspectors can certainly be provided the proper training (and given appropriate identification guides and keys) to do the same. Careless legislating is not justified simply because a broad ban is more convenient for inspectors.

· The committee may wish to consider establishing a study group, to include industry representatives, legislators, and experts in aquatic science, for a closer review of the issue and recommendations for amendment of the bill.

· Good legislating demands that the law address the specific area of concern, rather than simply adopting a sweeping and overbroad ban on otherwise legitimate activities. 

Subsequent to the Hearing, Dr. Hovanec returned to Sacramento for a meeting with the bill’s sponsor and a researcher from UC Davis to discuss the issue and strive for an amendment to allow various species of Caulerpa that have not been shown to be invasive. 

WHAT YOU NEED TO DO

Contact Assemblyman Harman’s office and let him know of your concern and opposition.  Send letters and call.  Call his District Office and ask to speak with Dave Weaver, his staff aid handling the bill.  The District Office telephone number is (714) 843-4966. 

If possible, arrange for one or more of the marine aquarium societies in the area to invite Assemblyman Harman to a meeting to discuss the issue.  Get as many people to attend as possible. 

Also, generate as much mail as you can.  Have your friends, family, neighbors, etc. send letters.

If you have any data on the species in trade and the hobby, please send it to PIJAC as quickly as possible so we can attempt to estimate the volume, by species, in trade.  PIJAC can be contacted at (202) 452-1525; FAX (202) 293-4377 or mmeyers@pijac.org