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

01       control the occurrence of or eradicate an aquatic invasive species.                                               
02            (c)  In responding under (b) of this section to the occurrence of an aquatic                                 
03       invasive species, the department may apply for suspension of, or emergency,                                       
04       quarantine, public health, crisis, or other exemptions to, applicable environmental laws                          
05       and regulations.                                                                                                  
06            (d)  Rapid response to, and management of, an aquatic invasive species under                                 
07       (b) of this section shall be given priority over activities regulated by the department in                        
08       that limited or isolated geographic area. The commissioner or an authorized designee                              
09       may summarily open or close a season or area under AS 16.05.060 to aid in                                         
10       responding to the occurrence of an aquatic invasive species under this section.                                   
11            (e)  Each state department, agency, and institution shall cooperate with the                                 
12       department in responding under (b) of this section to the occurrence of an aquatic                                
13       invasive species.                                                                                                 
14            (f)  The Department of Natural Resources and the department shall include in                                 
15       mariculture leases and permits a provision that the department shall be held harmless                             
16       for an act under (b) of this section that affects private property of the lessee or                               
17       permittee.                                                                                                        
18            (g)  In responding under (b) of this section to the occurrence of freshwater                                 
19       aquatic invasive species, the department shall respond in a manner determined to                                  
20       cause the least harm to noninvasive fish populations that are used for recreational,                              
21       personal use, commercial, or subsistence purposes.                                                                
22            (h)  In this section, "aquatic invasive species" means an organism introduced to                             
23       a marine or freshwater ecosystem to which it is not native and whose introduction                                 
24       causes, or is likely to cause, economic or environmental harm or harm to human                                    
25       health.