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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.