00                      CS FOR HOUSE BILL NO. 38(RES)                                                                     
01 "An Act relating to the 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. Response to, and control of, aquatic invasive species. (a)                                 
06       Consistent with applicable state and federal law, the department may use chemical,                                
07       biological, mechanical, or physical methods, singly or in combination, to control the                             
08       occurrence of or eradicate an aquatic invasive species.                                                           
09            (b)  In responding under (a) of this section to the occurrence of an aquatic                                 
10       invasive species, the department may apply for suspension of, or emergency,                                       
11       quarantine, public health, crisis, or other exemptions to, applicable environmental laws                          
12       and regulations.                                                                                                  
13            (c)  Response to, and management of, an aquatic invasive species under (a) of                                
14       this section shall be given priority over activities regulated by the department in the                           

01       area where an incipient population of an aquatic invasive species is being targeted.                              
02       The commissioner or an authorized designee may summarily open or close a season or                                
03       area under AS 16.05.060 to aid in responding to the occurrence of an aquatic invasive                             
04       species under this section.                                                                                       
05            (d)  Each state department, agency, or other entity shall cooperate with the                                 
06       department response to the occurrence of an aquatic invasive species when the                                     
07       department has jurisdiction, and the department shall cooperate with another state                                
08       department, agency, or entity responding to the occurrence of an aquatic invasive                                 
09       species when the department, agency, or other entity has jurisdiction.                                            
10            (e)  The Department of Natural Resources and the department shall include in                                 
11       all relevant leases and permits a provision that the state and the officers and employees                         
12       of the state shall be held harmless for an act under (a) of this section that affects                             
13       private property of the lessee or permittee.                                                                      
14            (f)  In responding under (a) of this section to the occurrence of freshwater                                 
15       aquatic invasive species, the department shall respond in a manner determined to                                  
16       cause the least harm to noninvasive fish populations that are used for recreational,                              
17       personal use, commercial, or subsistence purposes.                                                                
18            (g)  In responding under (a) of this section to the occurrence of an incipient                               
19       population of an aquatic invasive species, the department shall provide reasonable                                
20       notice to affected property owners and shall consider the potential effects of its                                
21       response measures on private property while selecting the most effective methods to                               
22       eradicate or control the aquatic invasive species.                                                                
23            (h)  The aquatic invasive species response fund is established in the general                                
24       fund. The fund consists of appropriations made to the fund. The purpose of the fund is                            
25       to pay for responses to aquatic invasive species carried out under (a) of this section.                           
26       Money appropriated to the fund may be spent for responses made to control the                                     
27       occurrence of or to eradicate an aquatic invasive species under (a) of this section                               
28       without further appropriation. Money appropriated to the fund does not lapse.                                     
29            (i)  In this section, "aquatic invasive species" means northern pike, didemnum                               
30       tunicate, European green crab, spartina, crayfish, or another organism introduced to a                            
31       marine or freshwater ecosystem to which it is not native and whose introduction                                   

01       causes, or is likely to cause, economic or environmental harm or harm to human                                    
02       health.