Legislature(2013 - 2014)BARNES 124

03/13/2013 01:00 PM House RESOURCES


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 89 AQUATIC INVASIVE SPECIES TELECONFERENCED
Moved CSHB 89(RES) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 158 DNR HUNTING CONCESSIONS TELECONFERENCED
Heard & Held
-- Public Testimony --
                 HB 89-AQUATIC INVASIVE SPECIES                                                                             
                                                                                                                                
1:06:17 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER  announced that  the  first  order of  business                                                               
would  be HOUSE  BILL  NO.  89, "An  Act  relating  to the  rapid                                                               
response  to,  and  control  of,  aquatic  invasive  species  and                                                               
establishing  the   aquatic  invasive  species   response  fund."                                                               
[Before the committee was CSHB 89(FSH).]                                                                                        
                                                                                                                                
1:06:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON, as the sponsor,  introduced HB 89, stating                                                               
it  is  a  rapid  response  bill  for  aquatic  invasive  species                                                               
throughout the  state.   He noted  one aquatic  invasive species,                                                               
such as Elodea canadensis (Elodea),  can be found in Southcentral                                                               
Alaska as  well as  in Fairbanks.   This species  overruns salmon                                                               
habitat.  Other  species, such as Northern  Pike have established                                                               
in  the  Susitna  River  drainage and  on  the  Kenai  Peninsula.                                                               
Didemnum  vexillum   or  "D   vex"  captured   the  legislature's                                                               
attention  last year  when an  infestation  developed in  Whiting                                                               
Harbor near Sitka, and the rapid  spread of D. vex posed a threat                                                               
to the  Sitka Sound Herring  fishery.  He expressed  concern that                                                               
commercial vessels such as seiners  and tenders would not be able                                                               
to operate if the species continues  to grow.  He pointed out the                                                               
European Green crab and some  mussel species across the U.S. have                                                               
also clogged filters and waterways.                                                                                             
                                                                                                                                
1:09:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  reported  the   U.S.  Fish  and  Wildlife                                                               
Service (USFWS) estimates approximately  $120 billion per year in                                                               
loss in the U.S.  The  University of Alaska's Institute of Social                                                               
and Economic Research (ISER)  estimates approximately $29 million                                                               
is  spent on  invasive  species management  in  Alaska per  year,                                                               
divided between government and non-government  groups.  One thing                                                               
that  has hampered  efforts to  control invasive  species is  not                                                               
having   the  ability   to  rapidly   respond  to   an  incipient                                                               
population.   He  described an  incipient population  as a  newly                                                               
discovered population that has not  yet become endemic throughout                                                               
a  watershed.   Once an  invasive species  is established,  it is                                                               
very expensive  to control.   Currently, the state does  not have                                                               
the resources dedicated  to respond.  This bill  would give state                                                               
agencies the  authority to act  and prioritize actions  that will                                                               
be  effective.   It  would  set  up  a  rapid response  fund  and                                                               
dedicate  funds  for that  purpose.    This bill  also  considers                                                               
private  property  in  the  development  of  plans  and  protects                                                               
subsistence,  recreational, and  commercial opportunities  before                                                               
it is too late to act.                                                                                                          
                                                                                                                                
1:11:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  related the  bill  would  give ADF&G  and                                                               
other  state agencies  the authority  and tools  to deal  with an                                                               
outbreak  of an  invasive species  in fresh  or salt  water.   It                                                               
would require ADF&G  to coordinate with other  state agencies and                                                               
private organizations  and private  parties to develop  plans for                                                               
eradicating colonial  tunicate, crab, or other  invasive species.                                                               
In response to a question,  he clarified that a colonial tunicate                                                               
is  similar to  a coral  but it  is soft,  grows, and  suffocates                                                               
other  marine life.   He  pointed out  one reason  felt soles  on                                                               
waders has  been outlawed was  to prevent people from  picking up                                                               
invasive species in  their soles and transferring it  to the next                                                               
stream.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON   said  he  hopes  this   bill  will  help                                                               
prevention  efforts,  which  is cheap  and  incipient  population                                                               
control, which is a less  expensive method to address the problem                                                               
than for an established invasive species.                                                                                       
                                                                                                                                
1:12:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON explained  that HB 89 would  give ADF&G the                                                               
authority  to  use  the appropriate  means  to  address  invasive                                                               
species, whether chemical  or physical.  It  would also establish                                                               
an expedited review of plans,  and prioritization for eradication                                                               
of the  species over  other management issues.   He  recalled one                                                               
concern that  arose during  invasive species  control for  D. vex                                                               
was that some  sea urchins were also destroyed in  the process of                                                               
addressing the invasive  species, which is why  the bill includes                                                               
management provisions.                                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON  said  the  bill  will  require  that  the                                                               
development of a plan consider  the impact on native fish species                                                               
and also consideration of private property.                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON said  HB 89 would also  hold harmless state                                                               
agencies.    One  of  the  conditions  of  receiving  mariculture                                                               
permits  is that  the leaseholder  must recognize  the state  may                                                               
need  to intervene  to  address invasive  species  and the  state                                                               
would be held  harmless; however, he stressed  that this immunity                                                               
would not extend to gross negligence or intentional misconduct.                                                                 
                                                                                                                                
1:15:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SEATON  reiterated  the bill  would  establish  a                                                               
rapid response  fund, although  it contains  restrictions against                                                               
using the funds  for planning.  Instead, the  rapid response fund                                                               
will be used  for rapid response.  He expressed  concern that the                                                               
"D vex" problem in Sitka hasn't  yet been addressed and the state                                                               
is now  coming up on  four years  since it was  first discovered.                                                               
The purpose  of this bill is  to provide an effort  to "get ahead                                                               
of the game" instead of being "behind the game."                                                                                
                                                                                                                                
1:16:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER recalled  that  last year  a similar  bill                                                               
made  it  to  the  Senate  Rules Committee  and  some  minor  but                                                               
important changes were  made to the bill during the  process.  He                                                               
wished the sponsor well this year.                                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON  noted  that  last year's  bill  had  been                                                               
introduced as  a House  Resources Committee bill.   This  year he                                                               
introduced HB  89 as a personal  bill, but it is  essentially the                                                               
same bill.                                                                                                                      
                                                                                                                                
1:17:07 PM                                                                                                                    
                                                                                                                                
CO-CHAIR FEIGE  offered his understanding the  legislative intent                                                               
is to deal  with incipient populations, which are  ones that have                                                               
not gained a foothold within the state.                                                                                         
                                                                                                                                
REPRESENTATIVE SEATON  confirmed that  is correct.   He explained                                                               
incipient  does not  need to  be defined  since it  relates to  a                                                               
first  outbreak or  a new  outbreak of  a species  even if  it is                                                               
found in Alaska.                                                                                                                
                                                                                                                                
CO-CHAIR  FEIGE concluded  that based  on that  answer he  agrees                                                               
incipient does not need a definition.                                                                                           
                                                                                                                                
1:18:24 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER  asked whether  HB 89  will address  the impacts                                                               
from agency contractors if DNR  sublets its authority and whether                                                               
the  bill  extends  to  private  contractors  action  on  private                                                               
property.                                                                                                                       
                                                                                                                                
REPRESENTATIVE SEATON answered yes.   He referred to page 2, line                                                               
17-19, which reads, "(f) The  Department of Natural Resources and                                                               
the department shall  include in all relevant  leases and permits                                                               
a  provision that  the  state and  the  officers, employees,  and                                                               
agents of the  state shall be held harmless for  an act under (b)                                                               
of this  section that affects  private property of the  lessee or                                                               
permittee."  This  language originated from ADF&G  and "agents of                                                               
the state" would extend to contractors, he said.                                                                                
                                                                                                                                
1:19:20 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER  asked whether  the bill extends  to terrestrial                                                               
or land-based invasive plant species, as well.                                                                                  
                                                                                                                                
REPRESENTATIVE SEATON  pointed out that  this bill is  limited to                                                               
addressing aquatic -  freshwater and marine - species.   The U.S.                                                               
Department of  Agriculture has authority on  terrestrial invasive                                                               
plant species.   He stated that the Alaska  Committee for Noxious                                                               
and  Invasive Plant  Management handles  land-based plants.   The                                                               
aforementioned committee supports the bill.                                                                                     
                                                                                                                                
1:20:31 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER  inquired how the  rapid response fund  would be                                                               
funded.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  SEATON was  unsure of  the appropriation  amount,                                                               
but he  anticipated $1-2 million  would be necessary.   This bill                                                               
does  not appropriate  money to  the  rapid response  fund.   The                                                               
legislature would  need to take a  separate action to do  so.  In                                                               
response to  a question, he agreed  the bill has a  House Finance                                                               
Standing Committee referral.                                                                                                    
                                                                                                                                
1:21:33 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER referred to page 2,  lines 8-10 of HB 89, to the                                                               
language, " (d) Rapid response  to, and management of, an aquatic                                                               
invasive  species  under  (b)  of this  section  shall  be  given                                                               
priority over activities regulated by  the department in the area                                                               
where an  incipient population  of an  invasive species  is being                                                               
targeted."  He asked for clarification on the size of the area.                                                                 
                                                                                                                                
REPRESENTATIVE SEATON said  that discretion has been  left to the                                                               
department.   He clarified if the  area is too large  it would be                                                               
considered an endemic  population.  He clarified  that the intent                                                               
of this language  is not to stop all management  in an area, just                                                               
within the localized  area in which a "controlled  plan" is being                                                               
activated.   This language would  give the control  plan priority                                                               
over the normal  management of fish species  within the localized                                                               
area.                                                                                                                           
                                                                                                                                
1:23:00 PM                                                                                                                    
                                                                                                                                
CO-CHAIR SADDLER posed  a scenario of a ship  sinking that spills                                                               
oil.  He asked how  the  response to an invasive species would be                                                               
prioritized.                                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  responded he  does not think  the scenario                                                               
would  correspond  at  all.     This  bill  pertains  to  ADF&G's                                                               
authority over its activities.   He related a number of different                                                               
species, openings, and  closings occur under ADF&G,  but the bill                                                               
does   not   pertain   to   the   Department   of   Environmental                                                               
Conservation's activities or fuel contamination.                                                                                
                                                                                                                                
[CO-CHAIR SADDLER opened public testimony on HB 89.]                                                                            
                                                                                                                                
1:24:33 PM                                                                                                                    
                                                                                                                                
GERALD  McCUNE,  Lobbyist,  Cordova  District  Fishermen  United,                                                               
stated that last  year in Prince William  Sound fishermen noticed                                                               
considerable  debris washing  in  from  Japan.   At  the time  he                                                               
contacted  the  National  Oceanic  &  Atmospheric  Administration                                                               
(NOAA).    He  said  he  would  like  to  see  the  bill  include                                                               
coordination  with   NOAA  because  he   anticipates  significant                                                               
Japanese debris  to continue  to appear over  the next  couple of                                                               
years.   He  pointed  out  some incidents,  such  as  a van  that                                                               
floated  around,  but  disappeared,  and a  variety  of  bottles,                                                               
buoys,  and baskets  that have  been discovered.   He  offered to                                                               
establish a  hot line with  NOAA, DNR,  or ADF&G with  respect to                                                               
the debris.  He assumed a  long-term plan would include the state                                                               
inspecting the debris  for invasive species.   He offered support                                                               
for the bill.                                                                                                                   
                                                                                                                                
1:26:58 PM                                                                                                                    
                                                                                                                                
CHRIS RAINWATER, Chair, Board of  Directors, Homer Soil and Water                                                               
Conservation District (HSWCD), stated  that the HSWCD supports HB
89.   The  HSWCD  has been  working on  invasive  species in  the                                                               
uplands  and agricultural  community  for about  six  years.   He                                                               
cautioned that  it takes  time to  put procedures  together which                                                               
work well, but  he hoped he will  be able to assist.   He pointed                                                               
out that  it is thought  Elodea may be in  a couple of  the lakes                                                               
around Homer as a result of  float planes.  Thus the conservation                                                               
districts  will investigate  the float  plane lakes  within their                                                               
boundaries this summer.  In  conclusion, he stated he appreciated                                                               
the committee's efforts.                                                                                                        
                                                                                                                                
1:28:05 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER  noted  Mr.  McCune   indicated  the  need  for                                                               
coordination  with federal  officials.   He wondered  whether the                                                               
bill addresses that or if it could be accommodated.                                                                             
                                                                                                                                
REPRESENTATIVE SEATON referred to page  1, line 6-7, to Section 1                                                               
of   the  bill,   which  read,"(a)   The  department   shall,  in                                                               
cooperation  with the  Department of  Environmental Conservation,                                                               
the Department  of Natural Resources,  and other  state, federal,                                                               
public,  and private  entities,  establish a  rapid response  and                                                               
management plan  for addressing incipient populations  of aquatic                                                               
invasive species."  Thus, he believes  it is covered in the bill.                                                               
He clarified  the coordination is  limited to the  development of                                                               
the plan, which is important.                                                                                                   
                                                                                                                                
REPRESENTATIVE SEATON  asked to have  Mr. Fogels testify  to have                                                               
on the record the  intent of the bill.  He  characterized it as a                                                               
"war"  and a  "battle".   He  stated that  a  tactical battle  is                                                               
necessary to eradicate an incipient  population.  Once it reaches                                                               
an endemic  population, a  war is necessary  to rid  the invasive                                                               
species.                                                                                                                        
                                                                                                                                
1:30:29 PM                                                                                                                    
                                                                                                                                
EDMUND FOGELS,  Deputy Commissioner, Office of  the Commissioner,                                                               
Department   of  Natural   Resources  (DNR),   stated  that   the                                                               
department  has  been  reviewing  the bill.    As  Representative                                                               
Seaton said  the war on invasive  species is a battle;  it's big.                                                               
The Department of  Natural Resources (DNR) has  developed its own                                                               
strategic  plan, primarily  focused on  terrestrials, weeds,  and                                                               
agricultural pests,  although Elodea is rapidly  becoming part of                                                               
the  plan.   The  department  has put  together  a memorandum  of                                                               
understanding  (MOU)  that was  signed  in  January 2013  by  the                                                               
Alaska  Department of  Fish  & Game  (ADF&G),  the Department  of                                                               
Environmental Conservation  (DEC), and the  DNR, with DNR  as the                                                               
lead agency  for coordinating the  Elodea and  freshwater aquatic                                                               
invasive  species battle.    This bill  would  establish a  rapid                                                               
response fund  which is only one  part of the battle.   The DNR's                                                               
strategic  plan  covers  quick   response  since  the  costs  are                                                               
substantially  lower to  eradicate  invasive  species during  the                                                               
quick response phase  as compared to when the  species has caught                                                               
hold.                                                                                                                           
                                                                                                                                
1:31:42 PM                                                                                                                    
                                                                                                                                
CO-CHAIR   SADDLER  recalled   the  invasive   species  [Pueraria                                                               
montana] kudzu  taking over the  ecosystem in Georgia.   He asked                                                               
whether  any  instance  has occurred  to  eradicate  an  invasive                                                               
species once it has become endemic.                                                                                             
                                                                                                                                
MR. FOGELS  responded that  he did  not know  the answer  to that                                                               
question.  He offered to research it.                                                                                           
                                                                                                                                
REPRESENTATIVE  SEATON said  it depends  on the  location.   It's                                                               
better not to  introduce a species, but battles  have been fought                                                               
around the  world.   For example,  in Australia,  they've battled                                                               
against rabbits.                                                                                                                
                                                                                                                                
MR. FOGELS recalled  some success stories in  eradicating rats on                                                               
some islands in the Aleutian chain.                                                                                             
                                                                                                                                
CO-CHAIR  SADDLER acknowledged  it's easier  to fight  the battle                                                               
[early on].                                                                                                                     
                                                                                                                                
CO-CHAIR SADDLER, after  first determining no one  else wished to                                                               
testify, closed public testimony on HB 89.                                                                                      
                                                                                                                                
1:33:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE JOHNSON referred to page  2, lines 18-19 of HB 89.                                                               
He expressed concern about the  term "employees and agents" since                                                               
he was unsure how  broad that term is in the  bill.  He indicated                                                               
he discussed  this with the DNR  and the department did  not have                                                               
any issue in removing "agents".  He   would be willing to offer a                                                               
conceptual amendment to remove "and agents".                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER  stated he  would  entertain  it as  Conceptual                                                               
Amendment 1.  He deferred to the sponsor of HB 89.                                                                              
                                                                                                                                
REPRESENTATIVE  SEATON asked  for  clarification that  Conceptual                                                               
Amendment 1 would  be to remove "and agents" on  page 2, line 19.                                                               
He said he did not have any issue in doing so.                                                                                  
                                                                                                                                
1:35:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHNSON moved  to adopt  Conceptual Amendment  1,                                                               
[on page 2, line 19, to remove the language "and agents".                                                                       
                                                                                                                                
CO-CHAIR SADDLER  restated the  motion and  said the  language on                                                               
page 2, lines 18-19 would now  read, "... all relevant leases and                                                               
permits a provision  that the state and  the officers, employees,                                                               
of the state ... ".                                                                                                             
                                                                                                                                
REPRESENTATIVE JOHNSON added  he would like to  the bill drafters                                                               
to have the latitude to make any grammatical corrections.                                                                       
                                                                                                                                
There being no objection, Conceptual Amendment 1 was adopted.                                                                   
                                                                                                                                
1:36:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER observed  that  the  fiscal note  includes                                                               
three temporary employees  in the Division of  Sport Fish [ADF&G]                                                               
and one temporary employee in  the DNR's Division of Agriculture,                                                               
which  he  characterized as  having  a  relatively benign  fiscal                                                               
impact.    However, these  fiscal  notes  still create  a  fiscal                                                               
impact for  the bill.   He said  his personal preference  is that                                                               
the  two  fiscal notes  be  zeroed  out  by the  House  Resources                                                               
Standing  Committee  and  have the  departments  provide  a  more                                                               
thorough explanation in the House  Finance Standing Committee and                                                               
a justification for the fiscal note.                                                                                            
                                                                                                                                
1:37:54 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:37 p.m. to 1:38 p.m.                                                                       
                                                                                                                                
1:38:32 PM                                                                                                                    
                                                                                                                                
CO-CHAIR  SADDLER   asked  whether  the  bill   sponsor  has  any                                                               
objection to that procedure.                                                                                                    
                                                                                                                                
REPRESENTATIVE SEATON  answered he would  like to make  sure that                                                               
zeroing out the  fiscal note is not interpreted  as attempting to                                                               
avoid a  finance committee referral.   He did not think  that was                                                               
the committee's intent.                                                                                                         
                                                                                                                                
CO-CHAIR SADDLER understood  that the intent of  the committee is                                                               
for  HB 89  to  have a  referral to  the  House Finance  Standing                                                               
Committee.   The argument in  defense of the fiscal  note figures                                                               
would be part of the discussion.                                                                                                
                                                                                                                                
REPRESENTATIVE JOHNSON noted it would  take a floor action by the                                                               
speaker to remove the committee referral.                                                                                       
                                                                                                                                
1:39:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  HAWKER moved  to  adopt  Conceptual Amendment  2,                                                               
that fiscal  notes 4 and  5 be zeroed  out, resulting in  all the                                                               
fiscal notes attached  to HB 89 will be zero  fiscal notes.  This                                                               
motion carries a  clear intent that the bill will  continue on to                                                               
the finance committee.                                                                                                          
                                                                                                                                
REPRESENTATIVE  SEATON objected  for the  purpose of  discussion.                                                               
He  clarified that  the  funding  is being  zeroed  out, but  the                                                               
language on  page two  of the  fiscal notes  is not  being zeroed                                                               
out.                                                                                                                            
                                                                                                                                
REPRESENTATIVE  HAWKER said  he was  willing  to take  that as  a                                                               
friendly amendment.                                                                                                             
                                                                                                                                
REPRESENTATIVE HAWKER  restated the  motion.   He moved  to adopt                                                               
Conceptual Amendment 2, to zero out  fiscal notes 4 and 5, but to                                                               
leave the  fiscal note analysis  attached.  This would  result in                                                               
all the  fiscal notes  attached to  HB 89  as zero  fiscal notes.                                                               
This motion  carries a clear  intent that the bill  will continue                                                               
on the finance committee.  Further,  if the ADF&G or the DNR wish                                                               
to obtain funding  the departments must argue  for funding before                                                               
the House Finance Standing Committee.                                                                                           
                                                                                                                                
There  being no  further  objection, Conceptual  Amendment 2  was                                                               
adopted.                                                                                                                        
                                                                                                                                
1:41:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P. WILSON  moved to report HB 89,  as amended, out                                                               
of   committee   with    individual   recommendations   and   the                                                               
accompanying zeroed fiscal notes.   There being no objection, the                                                               
CSHB  89(RES)  was reported  from  the  House Resources  Standing                                                               
Committee.                                                                                                                      

Document Name Date/Time Subjects
HB89 Sponsor Statement.pdf HRES 3/13/2013 1:00:00 PM
HB 89
HB89 CDFU Letter.pdf HRES 3/13/2013 1:00:00 PM
HB 89
HB89 Backup Information.pdf HRES 3/13/2013 1:00:00 PM
HB 89
HB89 CNIPM Letter.pdf HRES 3/13/2013 1:00:00 PM
HB 89
HB89 ASGA Letter.pdf HRES 3/13/2013 1:00:00 PM
HB 89
HRES HB158 Letter Packet 5.pdf HRES 3/13/2013 1:00:00 PM
HB 158
HRES HB158 Letter Packet 6.pdf HRES 3/13/2013 1:00:00 PM
HB 158