00                      CS FOR HOUSE BILL NO. 365(RES)                                                                    
01 "An Act relating to the rapid response to, and control of, marine aquatic invasive                                      
02 species."                                                                                                               
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1. AS 16.05 is amended by adding a new section to read:                                                
05            Sec. 16.05.093. Rapid response to, and control of, marine aquatic invasive                                 
06       species. (a) The department shall, in cooperation with the Department of                                        
07       Environmental Conservation, the Department of Natural Resources, and other state,                                 
08       federal, public, and private entities, establish a rapid response and management plan                             
09       for addressing occurrences of marine aquatic invasive species in limited or isolated                              
10       geographic areas. The plan must                                                                                   
11                 (1)  identify and assess potential responses to the occurrence of a                                     
12       marine aquatic invasive species that can be carried out quickly; and                                              
13                 (2)  provide procedures, consistent with applicable state and federal                                   
14       law, for the expedited eradication or control of a marine aquatic invasive species in a                           

01       limited or isolated area.                                                                                         
02            (b)  Consistent with applicable state and federal law, under the rapid response                              
03       and management plan established under (a) of this section, the department may use                                 
04       chemical, biological, mechanical, or physical methods, singly or in combination, to                               
05       control the occurrence of or eradicate a marine aquatic invasive species in a limited or                          
06       isolated geographic area.                                                                                         
07            (c)  In responding under (b) of this section to the occurrence of a marine                                   
08       aquatic invasive species, the department may apply for suspension of, or emergency,                               
09       quarantine, public health, crisis, or other exemptions to, applicable environmental laws                          
10       and regulations.                                                                                                  
11            (d)  Rapid response to, and management of, a marine aquatic invasive species                                 
12       in a limited or isolated geographic area under (b) of this section shall be given priority                        
13       over activities regulated by the department in that limited or isolated geographic area.                          
14       The commissioner or an authorized designee may summarily open or close a season or                                
15       area under AS 16.05.060 to aid in responding to the occurrence of a marine aquatic                                
16       invasive species under this section.                                                                              
17            (e)  Each state department, agency, and institution shall cooperate with the                                 
18       department in responding under (b) of this section to the occurrence of a marine                                  
19       aquatic invasive species in a limited or isolated geographic area.                                                
20            (f)  In this section, "marine aquatic invasive species" means an organism                                    
21       introduced to a marine ecosystem to which it is not native and whose introduction                                 
22       causes, or is likely to cause, economic or environmental harm or harm to human                                    
23       health.