HB 177: "An Act relating to the response to, and control of, aquatic invasive species; establishing the aquatic invasive species response fund; and relating to the provision of information about aquatic invasive species to users of the Alaska marine highway system."
00 HOUSE BILL NO. 177 01 "An Act relating to the response to, and control of, aquatic invasive species; establishing 02 the aquatic invasive species response fund; and relating to the provision of information 03 about aquatic invasive species to users of the Alaska marine highway system." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 16.05 is amended by adding a new section to read: 06 Sec. 16.05.093. Response to, and control of, aquatic invasive species. (a) 07 Consistent with applicable state and federal law, the department may use chemical, 08 biological, mechanical, or physical methods, singly or in combination, to control the 09 occurrence of or eradicate an aquatic invasive species. 10 (b) In responding under (a) of this section to the occurrence of an aquatic 11 invasive species, the department may apply for suspension of, or emergency, 12 quarantine, public health, crisis, or other exemptions to, applicable environmental laws 13 and regulations. 14 (c) Response to, and management of, an aquatic invasive species under (a) of
01 this section shall be given priority over activities regulated by the department in the 02 area where an incipient population of an aquatic invasive species is being targeted. 03 The commissioner or an authorized designee may summarily open or close a season or 04 area under AS 16.05.060 to aid in responding to the occurrence of an aquatic invasive 05 species under this section. 06 (d) Each state department, agency, or other entity shall cooperate with the 07 department response to the occurrence of an aquatic invasive species when the 08 department has jurisdiction, and the department shall cooperate with another state 09 department, agency, or entity responding to the occurrence of an aquatic invasive 10 species when the department, agency, or other entity has jurisdiction. 11 (e) The Department of Natural Resources and the department shall include in 12 all relevant leases and permits a provision that the state and the officers and employees 13 of the state shall be held harmless for an act under (a) of this section that affects 14 private property of the lessee or permittee. 15 (f) In responding under (a) of this section to the occurrence of freshwater 16 aquatic invasive species, the department shall respond in a manner determined to 17 cause the least harm to noninvasive fish populations that are used for recreational, 18 personal use, commercial, or subsistence purposes. 19 (g) In responding under (a) of this section to the occurrence of an incipient 20 population of an aquatic invasive species, the department shall provide reasonable 21 notice to affected property owners and shall consider the potential effects of its 22 response measures on private property while selecting the most effective methods to 23 eradicate or control the aquatic invasive species. 24 (h) The aquatic invasive species response fund is established in the general 25 fund. The fund consists of appropriations made to the fund. The purpose of the fund is 26 to pay for responses to aquatic invasive species carried out under (a) of this section. 27 Money appropriated to the fund may be spent for responses made to control the 28 occurrence of or to eradicate an aquatic invasive species under (a) of this section 29 without further appropriation. Money appropriated to the fund does not lapse. 30 (i) In this section, "aquatic invasive species" means northern pike, didemnum 31 tunicate, European green crab, spartina, crayfish, or another organism introduced to a
01 marine or freshwater ecosystem to which it is not native and whose introduction 02 causes, or is likely to cause, economic or environmental harm or harm to human 03 health. 04 * Sec. 2. AS 19.65 is amended by adding a new section to read: 05 Sec. 19.65.033. Provision of information relating to aquatic invasive 06 species. To the extent possible, the commissioner of transportation and public 07 facilities shall ensure that a person who purchases a ticket for vehicle deck space on a 08 ferry for the purpose of transporting a vessel into the state is provided with any 09 information relating to aquatic invasive species that has been published in pamphlet 10 form by the Department of Natural Resources or the Department of Fish and Game.