CSHB 89(FSH): "An Act relating to the rapid response to, and control of, aquatic invasive species and establishing the aquatic invasive species response fund."
00 CS FOR HOUSE BILL NO. 89(FSH) 01 "An Act relating to the rapid response to, and control of, aquatic invasive species and 02 establishing the aquatic invasive species response fund." 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, aquatic invasive species. 06 (a) The department shall, in cooperation with the Department of Environmental 07 Conservation, the Department of Natural Resources, and other state, federal, public, 08 and private entities, establish a rapid response and management plan for addressing 09 incipient populations of aquatic invasive species. The plan must 10 (1) identify and assess potential responses to the occurrence of an 11 aquatic invasive species that can be carried out quickly; and 12 (2) provide procedures, consistent with applicable state and federal 13 law, for the expedited eradication or control of an aquatic invasive species. 14 (b) Consistent with applicable state and federal law, under the rapid response
01 and management plan established under (a) of this section, the department may use 02 chemical, biological, mechanical, or physical methods, singly or in combination, to 03 control the occurrence of or eradicate an aquatic invasive species. 04 (c) In responding under (b) of this section to the occurrence of an aquatic 05 invasive species, the department may apply for suspension of, or emergency, 06 quarantine, public health, crisis, or other exemptions to, applicable environmental laws 07 and regulations. 08 (d) Rapid response to, and management of, an aquatic invasive species under 09 (b) of this section shall be given priority over activities regulated by the department in 10 the area where an incipient population of an invasive species is being targeted. The 11 commissioner or an authorized designee may summarily open or close a season or area 12 under AS 16.05.060 to aid in responding to the occurrence of an aquatic invasive 13 species under this section. 14 (e) Each state department, agency, and institution shall cooperate with the 15 department in responding under (b) of this section to the occurrence of an aquatic 16 invasive species. 17 (f) The Department of Natural Resources and the department shall include in 18 all relevant leases and permits a provision that the state and the officers, employees, 19 and agents of the state shall be held harmless for an act under (b) of this section that 20 affects private property of the lessee or permittee. 21 (g) In responding under (b) of this section to the occurrence of freshwater 22 aquatic invasive species, the department shall respond in a manner determined to 23 cause the least harm to noninvasive fish populations that are used for recreational, 24 personal use, commercial, or subsistence purposes. 25 (h) In responding under (b) of this section to the occurrence of an incipient 26 population of an aquatic invasive species, the department shall consider the potential 27 effects of its response measures on private property while selecting the most effective 28 methods to eradicate or control the aquatic invasive species. 29 (i) The aquatic invasive species response fund is established in the general 30 fund. The fund consists of appropriations made to the fund. The purpose of the fund is 31 to pay for responses to aquatic invasive species carried out under (b) of this section.
01 Money appropriated to the fund may be spent for responses made to control the 02 occurrence of or to eradicate an aquatic invasive species under (b) of this section 03 without further appropriation. Money appropriated to the fund does not lapse. 04 (j) In this section, "aquatic invasive species" means an organism introduced to 05 a marine or freshwater ecosystem to which it is not native and whose introduction 06 causes, or is likely to cause, economic or environmental harm or harm to human 07 health.