HB 280: "An Act establishing the Alaska Invasive Species Council in the Department of Fish and Game; relating to management of invasive species; and providing for an effective date."

00 HOUSE BILL NO. 280 01 "An Act establishing the Alaska Invasive Species Council in the Department of Fish and 02 Game; relating to management of invasive species; and providing for an effective date." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. AS 16.20 is amended by adding new sections to read: 05 Article 6. Control of Invasive Species. 06 Sec. 16.20.810. Alaska Invasive Species Council. (a) The Alaska Invasive 07 Species Council is an advisory council established in the department to facilitate 08 efforts by the department, the Department of Natural Resources, the Department of 09 Environmental Conservation, the Department of Transportation and Public Facilities, 10 and other natural resource-related governmental entities operating in the state to 11 prevent, manage, and eradicate invasive species in the state by 12 (1) facilitating cooperation between state, federal, tribal, and local 13 agencies and nongovernmental organizations; 14 (2) assisting in coordination of prevention, management, and

01 eradication activities, including those undertaken by local governments and 02 nongovernmental organizations; 03 (3) developing coordinated interagency strategies and policies; 04 (4) upon a state agency's request, providing guidance as to how to 05 prioritize the state agency's responses to occurrences of invasive species and how 06 funds made available under AS 16.20.870 may be best used; 07 (5) recommending expenditures from the invasive species response 08 fund; 09 (6) providing technical information and assistance to persons engaged 10 in regional and national invasive species control efforts. 11 (b) Except as provided in (c) of this section, the council consists of 12 (1) the following members appointed by the governor to three-year 13 terms: 14 (A) a representative of a soil and water conservation district 15 established under AS 41.10.130; 16 (B) a person engaged in commercial agriculture, horticulture, 17 or landscaping; 18 (C) a person engaged in commercial aquaculture or 19 mariculture; 20 (D) a representative of a commercial fishing organization; 21 (E) a representative of a sport fishing organization; 22 (F) a representative of an Alaska tribal entity; 23 (G) a representative of an Alaska Native corporation; 24 (H) a person engaged in the tourism industry; 25 (I) a person who owns a seaplane, is employed as a seaplane 26 pilot, or is otherwise knowledgeable about seaplanes; 27 (J) a representative of an organization formed to combat the 28 spread of invasive species in the state; 29 (K) a person involved in the forest products industry; 30 (L) a person engaged in commercial excavation work or 31 construction;

01 (M) a person who has worked for or participated in a state 02 program to prevent the spread of invasive plants; 03 (N) a member or representative of the Alaska Municipal 04 League; 05 (O) a person engaged in management, research, or education 06 activities relating to invasive species; 07 (P) a person engaged in the shipping industry; 08 (Q) a representative of a utility knowledgeable about utility 09 corridors; 10 (2) a representative from each of the following federal agencies, 11 serving ex officio, if the agency elects to participate: 12 (A) the Department of the Interior; 13 (B) the Department of Commerce; 14 (C) the Department of Agriculture; 15 (D) the Department of Homeland Security; 16 (E) the Department of Defense; 17 (3) the commissioner from each of the following departments or the 18 commissioner's designee, serving ex officio: 19 (A) the Department of Fish and Game; 20 (B) the Department of Natural Resources; 21 (C) the Department of Environmental Conservation; 22 (D) the Department of Transportation and Public Facilities; and 23 (4) the chairperson of the board of directors of the Alaska Railroad 24 Corporation or the chairperson's designee. 25 (c) The council may, as the council finds necessary, invite additional persons 26 to be nonvoting advisory members of the council. The council may prescribe 27 procedures for the participation of persons added to the council under this subsection. 28 (d) The council shall adopt bylaws to govern its operation. The bylaws must 29 provide procedures for 30 (1) decision making; 31 (2) periodically electing one member as chair;

01 (3) calling meetings; and 02 (4) establishing subcommittees and advisory committees. 03 (e) The council shall meet at least once each year. Meetings and council votes 04 may be held telephonically. 05 (f) Members of the council serve without compensation and are not entitled to 06 per diem and travel expenses. However, a member appointed under (b)(3) of this 07 section is entitled to per diem and travel expenses as a state employee. 08 (g) By January 15 of each odd-numbered year, the council shall prepare and 09 present to the legislature an updated five-year strategic plan that addresses the 10 economic effects of invasive species and includes the council's suggested priorities for 11 addressing invasive species and recommendations on legislation and funding required 12 to implement the council's priorities. The council shall transmit the plan to the 13 president of the senate and the speaker of the house of representatives. 14 (h) Council members serve staggered three-year terms and until a successor is 15 appointed. If a vacancy occurs, the governor shall immediately appoint a member for 16 the unexpired portion of the term. 17 Sec. 16.20.820. Control of invasive species. (a) In responding to the presence 18 of an invasive species, the department may 19 (1) consistent with applicable state and federal law, use chemical, 20 biological, mechanical, or physical methods, singly or in combination, to control or 21 eradicate the species; 22 (2) survey, map, or investigate land or water in the state in which the 23 species is known or reasonably suspected to be present; 24 (3) summarily open or close a season or area under AS 16.05.060; 25 (4) issue orders, regulations, quarantines, and embargoes relating to 26 (A) prevention, control, and eradication of the species; 27 (B) examination and inspection of premises containing 28 products, articles, and commodities containing the species; and 29 (C) inspection and decontamination of seaplanes, boats, and 30 other personal property having the potential to transport an invasive species 31 from one aquatic environment to another and establishment and operation of

01 inspection stations; and 02 (5) perform tests and analyses and hold hearings to determine whether 03 the department should take action under AS 16.20.810 - 16.20.900. 04 (b) In responding under (a)(1) of this section to the occurrence of an incipient 05 population of an invasive species, the department shall provide reasonable notice to 06 affected property owners and shall consider the potential effects of its response 07 measures on private property while selecting the most effective methods to eradicate 08 or control the species. In this subsection, "incipient population" means a small 09 localized population of an invasive species that is beginning to reproduce or become 10 established in an area or ecosystem. 11 Sec. 16.20.830. Classification and listing of non-native species. (a) The 12 department shall classify non-native species as prohibited, regulated, or approved. In 13 classifying a non-native species under this section, the department shall consider the 14 following criteria: 15 (1) the likelihood of introduction of the non-native species if the 16 species is allowed to enter or exist in the state; 17 (2) the likelihood that the non-native species will naturalize in the state 18 if the species is introduced; 19 (3) the magnitude of potential adverse effects of the non-native species 20 on the health of the state's people, economy, and native fish, flora, and fauna; 21 (4) the ability of the department to eradicate or control the spread of 22 the non-native species if introduced in the state; and 23 (5) other criteria established in regulation. 24 (b) If the department finds under this section that a non-native species poses a 25 high risk of harm to the economy, environment, or human health, the department shall 26 prohibit the importation, possession, and use of the species. 27 (c) If the department finds under this section that a non-native species must be 28 regulated to prevent the species from causing harm to the economy, environment, or 29 human health, the department shall regulate the importation, possession, and use of the 30 species. 31 (d) Unless a non-native species is listed under (f) of this section, the

01 department may classify the non-native species as approved only if the department 02 finds under this section that the species does not pose a risk of harm to the economy, 03 environment, or human health. 04 (e) The department shall maintain lists of non-native species that are 05 prohibited, regulated, or approved under this section. The department shall review the 06 lists at least once every three years. The department may reclassify a listed non-native 07 species based on additional information. A person may petition the department to 08 classify and list a non-native species that has not yet been classified by the department 09 as prohibited, regulated, or approved. 10 (f) The following non-native species are approved non-native species under 11 this section: 12 (1) species approved by the department in regulation for possession in 13 the state; 14 (2) mammals and birds identified by statute or regulation as livestock; 15 (3) fish stocked in state water under AS 16.05.050. 16 Sec. 16.20.840. Treatment of invasive species. (a) The commissioner shall 17 adopt regulations relating to the lawful use of an invasive species in the state. 18 (b) The department may issue permits for the importation and possession of an 19 invasive species for purposes approved by the commissioner. A person may not import 20 or possess an invasive species without a permit issued under this subsection. 21 (c) A person applying for a permit under (b) of this section shall file with the 22 department a bond or deposit, in a form and in an amount determined by the 23 department, to pay for costs and damages associated with a potential release of the 24 species. A bond required by this subsection remains in effect until cancelled by the 25 department. 26 (d) The department may seize and destroy a specimen of an invasive species 27 that is not covered by a permit issued under (b) of this section. 28 Sec. 16.20.850. Infested waters: designation; restrictions. (a) The 29 department shall, in consultation with the Department of Natural Resources and the 30 Department of Environmental Conservation, designate a water of the state as an 31 infested water if the department determines that the water contains a population of an

01 invasive species that may spread to other waters if use of the water is not regulated. 02 (b) In infested waters, 03 (1) the department may prohibit or restrict the 04 (A) transportation of surface water; 05 (B) harvesting of aquatic bait; 06 (C) transportation of fish and aquatic bait in water, except that 07 the department may not prohibit the transportation or storage of fish in or on 08 ice; 09 (D) use of seaplanes, boats, and other personal property having 10 the potential to transport an invasive species from one aquatic environment to 11 another; and 12 (2) a dock, float, or similar infrastructure may not be removed and 13 placed in another water of the state unless authorized by the department. 14 Sec. 16.20.860. Invasive species management requirements relating to 15 seaplanes, boats, or other personal property. (a) Upon removing from water in the 16 state a seaplane, boat, or other personal property having the potential to transport an 17 invasive species from one aquatic environment to another, a person shall, to the extent 18 practicable and in accordance with applicable laws and protocols, 19 (1) clean the personal property and remove visible organic material, 20 including plants and animals, and soil or water body bottom substrates; 21 (2) pump or otherwise expel water from the personal property; and 22 (3) dry compartments, spaces, and associated equipment that may hold 23 water. 24 (b) Drain plugs must be removed before the out-of-water transport of a 25 seaplane, boat, or other personal property. 26 (c) A person may not transport from one water body to another personal 27 property with vegetation attached. 28 Sec. 16.20.870. Invasive species response fund. The invasive species 29 response fund is established in the general fund. The fund consists of appropriations 30 made to the fund. Money appropriated to the fund does not lapse. The department may 31 use money appropriated to the fund for responses made to prevent or control the

01 occurrence of or to eradicate an invasive species, without further appropriation. 02 Sec. 16.20.900. Definitions. In AS 16.20.810 - 16.20.900, 03 (1) "introduce" or "introduction" means the intentional or inadvertent 04 release, escapement, dissemination, establishment, or placement of a species into an 05 ecosystem outside the natural range of the species as a result of human activity or 06 failure to act; 07 (2) "invasive species" means a species classified as prohibited or 08 regulated under AS 16.20.830; 09 (3) "non-native species" includes any biological material capable of 10 propagating a species that is not native to the state or an ecosystem in the state. 11 * Sec. 2. The uncodified law of the State of Alaska is amended by adding a new section to 12 read: 13 APPOINTMENT OF MEMBERS AND CHAIR AND TIMING AND NUMBER OF 14 MEETINGS REQUIRED IN INITIAL YEAR. (a) Notwithstanding AS 16.20.810(h), added 15 by sec. 1 of this Act, the governor shall appoint the initial members of the Alaska Invasive 16 Species Council required under AS 16.20.810(b)(1) within 60 days after the effective date of 17 this Act. Notwithstanding AS 16.20.810(d)(2), the governor shall designate one member to 18 serve as the initial chair of the council. The governor shall appoint the members to staggered 19 terms as follows: 20 (1) six members shall be appointed to serve three years; 21 (2) six members shall be appointed to serve two years; and 22 (3) five members shall be appointed to serve one year. 23 (b) Notwithstanding AS 16.20.810(d) and (e), added by sec. 1 of this Act, the Alaska 24 Invasive Species Council shall 25 (1) hold its first meeting within 90 days after the appointment of members 26 under (a) of this section; and 27 (2) meet at least four times in the 12 months following the appointment of 28 members under (a) of this section. 29 * Sec. 3. This Act takes effect immediately under AS 01.10.070(c).