Legislature(2005 - 2006)CAPITOL 124

02/15/2006 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 300 OIL & GAS CONSERVATION COMMISSION MEMBER TELECONFERENCED
Moved CSHB 300(O&G) Out of Committee
*+ HB 324 BAN ORANGE HAWKWEED/PURPLE LOOSESTRIFE TELECONFERENCED
Moved CSHB 324(RES) Out of Committee
+ HJR 14 URGE CONGRESS TO GRANT LAND TO UNIVERSITY TELECONFERENCED
Moved CSHJR 14(RES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
= HCR 29 PEBBLE COPPER DEPOSIT MANAGEMENT PLAN
Heard & Held
HB 324-BAN ORANGE HAWKWEED/PURPLE LOOSESTRIFE                                                                                 
                                                                                                                                
2:10:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR RAMRAS announced  that the next order  of business would                                                               
be  HOUSE  BILL  NO.  324,   "An  Act  banning  the  importation,                                                               
transfer,  and   cultivation  of   orange  hawkweed   and  purple                                                               
loosestrife."                                                                                                                   
                                                                                                                                
SUZANNE  HANCOCK,  Staff   to  Representative  Gabrielle  LeDoux,                                                               
presented  HB 324  on behalf  of Representative  LeDoux, sponsor.                                                               
She said  the bill  bans the exportation  of orange  hawkweed and                                                               
purple  loosestrife in  response to  concerns from  constituents.                                                               
These  invasive plants  are devastating  because  they crowd  out                                                               
native plants  in the wild  and cultivated plants  in residential                                                               
gardens.   She  noted  that  purple loosestrife  is  a threat  to                                                               
wetlands and waterfowl, and volunteer  groups in Kodiak have been                                                               
pulling  out and  disposing of  orange  hawkweed.   She said  the                                                               
Department of  Natural Resources  (DNR) would  have jurisdiction,                                                               
and  the  bill  has  the  commissioner  adopting  regulations  to                                                               
prevent further  propagation.  She  said statute  currently lists                                                               
many weeds, but  it has not kept  up with new species.   The bill                                                               
only applies  to those  who knowingly plant  these weeds,  and it                                                               
will be  a class  A misdemeanor,  but the intent  is not  to have                                                               
weed  police, but  to provide  education.   Representative LeDoux                                                               
sponsored the bill because it is good public policy.                                                                            
                                                                                                                                
2:13:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CRAWFORD  noted that the  two species in  the bill                                                               
have been  listed as  the worst  offenders.  He  said there  is a                                                               
large list of other noxious weeds, so why stop at these two.                                                                    
                                                                                                                                
MS. HANCOCK  said eventually DNR  will update the list,  but this                                                               
is  a  rapid response  to  two  weeds  that are  causing  serious                                                               
problems.   She said these  weeds are especially  pernicious, and                                                               
she compared  them to kudzu.   She added that  purple loosestrife                                                               
is now  choking Chester Creek  in Anchorage, and  orange hawkweed                                                               
is a problem in Kodiak and  Yellowstone Park.  She noted that DNR                                                               
has not  been able to keep  up, "and these two  are...sort of the                                                               
poster children of bad weeds."                                                                                                  
                                                                                                                                
REPRESENTATIVE  GATTO   said  dandelions   and  vetch   can't  be                                                               
controlled at this point, so "can we control these two species?"                                                                
                                                                                                                                
MS. HANCOCK  said prevention is  part of the goal,  and education                                                               
of the problem  is key.  She said communities  are destroying the                                                               
weeds as a community effort.                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO again asked if the weeds can be stopped.                                                                   
                                                                                                                                
MS. HANCOCK  said it is difficult,  but the plan is  to get ahead                                                               
of  it.   She noted  that many  states are  spending millions  of                                                               
dollars  to eradicate  the weeds  as  well as  spending money  to                                                               
replant areas with native species.                                                                                              
                                                                                                                                
2:17:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS asked about the penalty on page 2, line 4.                                                                     
                                                                                                                                
MS. HANCOCK said it is a class A misdemeanor.                                                                                   
                                                                                                                                
CO-CHAIR SAMUELS asked about adding  the word "knowingly" on page                                                               
1,  line 7,  regarding the  importation language.   He  suggested                                                               
that seeds may be accidentally brought in.                                                                                      
                                                                                                                                
MS. HANCOCK said that could happen.                                                                                             
                                                                                                                                
REPRESENTATIVE LEDOUX said  she doesn't have a  problem with that                                                               
change.  She said the intent is  not to be the weed Gestapo.  But                                                               
in any criminal law she assumes it has to be knowingly.                                                                         
                                                                                                                                
CO-CHAIR  SAMUELS asked  about  page 1,  line  10, regarding  the                                                               
language "to another person."                                                                                                   
                                                                                                                                
2:19:37 PM                                                                                                                    
                                                                                                                                
KATE  TROLL, Executive  Director,  Alaska Conservation  Alliance,                                                               
said HB 324  is a good start  for Alaska.  She  noted that orange                                                               
hawkweed  can  harm  wildlife  and  riparian  areas,  and  purple                                                               
loosestrife  aggressively  out-competes  native  wetland  plants.                                                               
She noted that  there are other invasive species,  and that being                                                               
proactive can  save millions and  billions of dollars.   She said                                                               
in  solving one  problem it  is important  not to  create another                                                               
problem, which  would be the use  of pesticide, so she  asked the                                                               
committee  to offer  an amendment.   She  suggesting adding:  "In                                                               
developing these regulations, emphasis  should be placed on using                                                               
the most strategic  and least toxic method of  eradication."  She                                                               
said that wouldn't eliminate the  use of pesticides, "but it just                                                               
talks about it in the proper context."                                                                                          
                                                                                                                                
2:23:21 PM                                                                                                                    
                                                                                                                                
ERIN WHIPPLE,  Kodiak, said  she works  for a  Native corporation                                                               
and strongly supports the bill because  it is a huge step forward                                                               
in preventing  the importation of  noxious and  invasive species.                                                               
She has  seen what orange hawkweed  can do; it is  only 10 inches                                                               
high but  it can out-compete  six-foot [indecipherable]  until it                                                               
becomes  the only  species in  a field.   It  serves no  purpose,                                                               
whatsoever, for  native animals, and it  out-competes plants that                                                               
wildlife depend on.  She  said Montana has identified 8.2 million                                                               
acres infested with  noxious weeds, and it will  take $47 million                                                               
to implement  a weed management  program "that slows  weed spread                                                               
and reduces current  infestations by 5 percent."   She noted that                                                               
it  will  cost  billions  of dollars  considering  Alaska's  vast                                                               
acreage, "if we don't take these first steps now."                                                                              
                                                                                                                                
2:26:15 PM                                                                                                                    
                                                                                                                                
BLITHE  BROWN, Noxious  and Invasive  Plants Coordinator,  Kodiak                                                               
Soil  and  Water  Conservation  District,  said  she  is  also  a                                                               
volunteer for  the Kodiak  National Wildlife  Refuge.   She noted                                                               
that  the Karluk  Lake area  is Kodiak  Island's most  productive                                                               
salmon  and  bear habitat,  and  orange  hawkweed is  showing  up                                                               
there.  Kodiak has made  some headway with volunteer efforts, and                                                               
has  taught  people  to  stop   sharing  certain  plants  between                                                               
gardeners  and to  quit  planting troublemakers.    She said  the                                                               
problem  is larger  than  Kodiak, and  a  small community  effort                                                               
might not be enough.  She added  that a major method of spread of                                                               
the plants  is people.   Japanese  knotweed and  spotted knapweed                                                               
need to  dealt with too.   She said the  state needs to  tie this                                                               
bill to a species  list that can be changed without  a new law or                                                               
regulation.   She pointed  out that current  weed laws  in Alaska                                                               
are  agricultural  seed  laws.   The  agricultural  community  is                                                               
taking care of their weeds, "but  now the rest of Alaska needs to                                                               
realize that they too are part of  the problem and can be part of                                                               
the solution.   Orange hawkweed and purple  loosestrife do invade                                                               
undisturbed habitat; they are not just common garden weeds."                                                                    
                                                                                                                                
2:28:29 PM                                                                                                                    
                                                                                                                                
VARSHA   MATHRANI,  Environmental   Health  Coordinator,   Alaska                                                               
Community Action on Toxics, said her group approves of the bill.                                                                
                                                                                                                                
CO-CHAIR RAMRAS  said the  committee has the  letter that  she is                                                               
reading from and asked her is she would like to add anything.                                                                   
                                                                                                                                
MS.  MATHRANI   emphasized  the  importance  of   prevention  and                                                               
education  about invasive  plants and  finding integrative,  non-                                                               
toxic biological and mechanical strategies to eradicate them.                                                                   
                                                                                                                                
2:30:20 PM                                                                                                                    
                                                                                                                                
JANICE CHUMLEY, Master  Gardener, said she has  seen the problems                                                               
of  plants running  amok, including  a Homer  cemetery that  went                                                               
from  one small  orange  hawkweed plant  to  the entire  cemetery                                                               
being  nothing  but hawkweed  in  15  years.    She said  she  is                                                               
concerned about  preserving Alaska's wildlands, and  she wants HB
324 to  be part of an  invasive species list that  can been grown                                                               
without additional legislation.   She noted that  one small plant                                                               
can change fishery and wildlife habitat in the entire state.                                                                    
                                                                                                                                
DOUG WARNER, Manager,  Inspection/Marketing Services, Division of                                                               
Agriculture,  Department of  Natural Resources,  said HB  324 may                                                               
not be  necessary because  "it would seem  that we  have existing                                                               
statutory  authority   to  implement  some  of   the  regulations                                                               
necessary to  control it.  As  this bill moves forward,  we begin                                                               
the  process of  updating regulations  to include  provisions for                                                               
the control of weeds" and  maybe with a broader perspective where                                                               
weeds could  be added and  taken off a list.   He said  DNR would                                                               
support a more  comprehensive package that allows  the process of                                                               
adding weeds.  He said DNR  introduced a zero fiscal note because                                                               
staffing would remain  the same, but he said he  doesn't know how                                                               
effective DNR can be with a zero fiscal note.                                                                                   
                                                                                                                                
JAMIE  SNYDER,  Invasive  Plants Program  Assistant,  Cooperative                                                               
Extension Service, said prevention  is extremely cost efficient--                                                               
much  cheaper  than  treatment  and  restoration  after-the-fact.                                                               
"This  is a  great first  step to  address these  two species  of                                                               
concern while we  cross our fingers and hope  that state agencies                                                               
can develop a functional state noxious weed list."                                                                              
                                                                                                                                
2:35:18 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SAMUELS said  in order to make the  bill consistent "and                                                               
so we do  not become the weed police," he  offered Amendment 1 as                                                               
follows:                                                                                                                        
                                                                                                                                
     Page 1, line 7, before "import"                                                                                            
     Insert "knowingly"                                                                                                         
                                                                                                                                
Hearing no objection, Amendment 1 was adopted.                                                                                  
                                                                                                                                
2:36:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX moved to report  HB 324, as amended, out of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal notes.  Hearing no  objections, CSHB 324(RES) moved out of                                                               
the House Resources Standing Committee.                                                                                         
                                                                                                                                
The committee took an at-ease from 2:37:02 PM to 2:38:55 PM.                                                                
                                                                                                                              

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