CSHB 38(RES): "An Act relating to the response to, and control of, aquatic invasive species and establishing the aquatic invasive species response fund."
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.