Legislature(2021 - 2022)ADAMS 519
05/18/2021 01:30 PM House FINANCE
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| HB57 | |
| HB54 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 57 | TELECONFERENCED | |
| + | HB 54 | TELECONFERENCED | |
| + | TELECONFERENCED |
HOUSE BILL NO. 54
"An Act establishing the Alaska Invasive Species
Council in the Department of Fish and Game; relating
to management of invasive species; relating to
invasive species management decals; and providing for
an effective date."
2:19:47 PM
REPRESENTATIVE GERAN TARR, CHAIR, HOUSE FISHERIES
COMMITTEE, SPONSOR, shared the history of the legislation.
She indicated that former Representative Paul Seaton had
requested she take over working on a bill addressing an
emergency response to the invasive species Elodea. She
explained that the spread was so aggressive it advanced to
a much costlier problem by the time permits necessary to
address the problem were issued. She worked in
collaboration with the Alaska Invasive Species Partnership
and discovered a more comprehensive model of addressing the
problem. She explained that the model would employ bringing
together all the stakeholders involved in the issue. She
exemplified the Zebra Mussel problem in Michigan where the
mussels multiplied so rapidly, they clogged a main water
pipe and shutdown municipalities water systems. She spoke
to the advantages of collaboration between government and
private entities to address the invasive species issues.
She noted the different industries that could act as
vectors of introduction of invasive species i.e., the oil
and gas industry, construction, and shipping industry. She
exemplified that the Department of Transportation and
Public Facilities (DOT) in acknowledgement of the invasive
species problem, revegetated any fill projects with native
vegetation. She noted the broad interest in bringing the
comprehensive model to Alaska. Currently, the state spent a
few million dollars in invasive species management while
other states spent up to hundreds of millions of dollars to
address the issue.
2:23:20 PM
Rep. Tarr continued that invasive species problems became
large and costly. The advantage to get ahead on the
prevention side was the likelihood of mitigation costing
much less, which the collaborative model could accomplish.
She related that the bill was vetted at a meeting of the
Alaska Invasive Species Partnership that provided input
from all over the state. She offered that HB 54 created the
Alaska Invasive Species Council and defined the issues they
could address. The idea was to get the multi-stakeholder
group together, which was the most effective use of
resources. She noted that the collaborative and prevention
work would effectively address larger threats looming in
the future. She delineated that the bill established a
response fund and for the sale of invasive species
management decals. She had explored many ideas for funding
but currently the sale of decals was chosen to avoid
starting out with a mandate. She shared that former Senator
Gary Wilken had come up with the idea of a decal and noted
the general enthusiasm people had towards the issue with
the hope of generating decal sales. She relayed that the
bill was a House Fisheries Committee bill and the members
wanted to find alternative funding for the $28 thousand
fiscal note related to the council other than suing
undesignated general funds (UGF).
2:27:26 PM
Representative Tarr communicated the intent language in the
bill on Section 1, page 1, lines 7 through 10 as follows:
LEGISLATIVE INTENT. It is the intent of the
legislature that the Department of Fish and Game
support the activities of the Alaska Invasive Species
Council, established by this Act, through
contributions, grants, and other forms of funding that
do not involve the use of money from the state's
general fund.
2:28:12 PM
THATCHER BROUWER, STAFF, REPRESENTATIVE GERAN TARR,
reviewed the sectional analysis (copy on file):
Section 1: Adds a new section to uncodified law that
states it is the intent of the legislature that the
Department of Fish and Game does not use money from
the state's general fund to support the Alaska
Invasive Species Council, and instead finds other
sources of funding to support the council.
Section Two: AS 16.20.800 establishes the invasive
species management decals. The decals will be produced
by the Department of Fish and Game annually and made
available for sale to the public for a $20 fee. The
department will work in conjunction with the Alaska
Invasive Species Council described in Sec. 16.20.810
to design and produce the decals. The legislature may
then appropriate the proceeds from the sale of the
decals to further produce the decals or to the
invasive species response fund described in Sec.
16.20.820, to carry out the work of invasive species
response.
Section 16.20.810 establishes the Alaska Invasive
Species Council in the Department of Fish and Game.
The council will be comprised of representatives from
the Departments of Fish and Game, Natural Resources,
Environmental Conservation and Transportation and
Public Facilities.
Furthermore, the council will have members from
stakeholder organizations and industries appointed by
the governor to three-year terms, as well as
representatives from federal agencies that deal with
invasive species.
Additionally, Section 16.20.810 outlines the
responsibilities of the council. This section requires
that the council be responsible for facilitating
cooperation between state, federal, tribal, local
agencies, and nongovernmental organizations in the
management invasive species. The council will be
tasked with recommending coordinated interagency
strategies and policies related to the management of
invasive species. The council will also provide
guidance on how to prioritize the response to invasive
species and how to best use funds from the invasive
species response fund.
Lastly, the council will be responsible for selecting
designers of the invasive species control decals and
approving and promoting the designs.
Furthermore, Section 16.20.810 provides guidance on
council meetings and deliverables. The council will
meet at least once a year, and by January 15th of each
odd-numbered year, the council shall produce a plan
that addresses the economic impact of invasive species
and recommends legislation and funding to implement
the council's priorities.
Section 16.20.820 establishes an invasive species
response fund in the general fund and allows the
department to use the funds to prevent, control, or
eradicate invasive species.
Section 16.20.850 defines commissioner, council,
department, invasive species, management of invasive
species and non-native species.
Section Three: Section 37.05.146 adds the invasive
species decal fee to the list of separately accounted
program receipts.
Section 4: Gives direction to the governor regarding
the appointment of the members, chair, as well as
timing and number of meetings in the initial year.
Section 5: Establishes an immediate effective date.
2:31:48 PM
Representative Josephson asked Representative Tarr for more
detail about the large meeting she had mentioned.
Representative Tarr responded that the Alaska Invasive
Species Partnership was a nonprofit organization that met
annually, and she had attended the annual meeting. She
elucidated that the members of the partnership wanted the
creation of the council to use the work of the experts in
the partnership to help develop state policy.
Representative LeBon stated that the House had passed the
enhanced sport fishing license [HB 79 Saltwater
Sportfishing Operators/Guides] to help fund invasive
species eradication. He asked how to connect the funding
source to the legislation before the committee.
Representative Tarr answered that Representative Sarah
Vance had introduced an amendment that part of the fee
increase could be used for invasive species management and
was hoping for complete passage of the bill. In addition,
the Commissioner of the Department of Fish and Game Doug
Vincent-Lang, revealed that some grant funding would be
available.
2:34:29 PM
Representative Wool thought that the decal program sounded
interesting and at $20 a decal it could raise substantial
funding. He asked for details regarding the decal and how
much funding was anticipated from the sales.
Representative Tarr relayed that the commissioner thought
the fiscal note could be corrected downward. She cited the
fiscal note analysis that stated to develop an invasive
species management decal with the council and offer them
for sale to the public for $20 each. The department
estimates to collect $3.9 annually She referenced the
Fish and Game website that had numerous items available for
purchase online. She listed other potential efforts to
promote the decal and remarked that the fiscal note
estimate was low. She mentioned the possibility of the
council creating a decal design contest. Representative
Wool suggested selling the decals at fishery supply stores.
2:37:11 PM
Vice-Chair Ortiz cited facts from the sponsor statement,
Invasive species are costing Alaska money (Almost $6
million a year to manage according to a 2012 ISER study)
and It was estimated in 2005 that invasive species cost
the United States $120 billion in damages every year
according to a US Fish and Wildlife Fact Sheet on the Cost
of Invasive Species. He asked how the problem had evolved
since 2012 and whether the issue created more of a water
problem rather than land problem. Representative Tarr
replied that some of the studies were not more recent than
2012. She referenced the document titled Managing Invasive
Species: How Much Do We Spend? included in the members
packets. She delineated that the paper was written by
University of Alaska researchers who discovered that the
impacts to salmon could be hundreds of millions of dollars.
She referenced the huge cost of zebra mussel mitigation.
The cost of impacts to hydroelectric facilities and
municipal water supplies were astronomical. She mentioned
some examples of how invasive species were introduced and
spread particularly with Elodea. She expounded that it
depended on the species as to the type of impact. She
reported that Tammy Davis [Invasive Species Coordinator,
Department of Fish and Game] had testified about the work
DFG was doing to mitigate invasive species.
Co-Chair Merrick asked if there was any liability in the
case mentioned about an individual dumping an aquarium
causing an outbreak. Representative Tarr answered in the
negative. She referenced a case noted in information
provided by Ms. Davis in the form of a PowerPoint titled
Department of Fish and Game Invasive Species Program
Report: 2021 on slide 13 and read In 2019, 144 rainbow
trout were illegally imported from a hatchery in Oregon and
then illegally released into a closed lake on the Kenai
Peninsula. She indicated that the responsible individual
was identified and fined, but that was an exceptional
situation.
2:41:59 PM
Representative Thompson shared that he was aware of
invasive species mitigation work for years. He spoke to how
invasive species spread in the interior. The Harding Lake
Association was trying to raise its own funds to eradicate
Elodea. He asked how the funds from the sale of the decals
would be distributed. Representative Tarr answered that the
council would develop a strategic plan and help the state
prioritize the funding. She expected that some of the funds
would come back to Harding Lake since Elodea spread was
rapid.
Co-Chair Merrick moved to invited testimony.
2:44:30 PM
AARON MARTIN, UNITED STATES FISH AND WILDLIFE SERVICE,
ANCHORAGE (via teleconference), relayed that he worked in
the regional office in Anchorage and was asked to speak to
the technical aspects of invasive species projects the
service was involved in. He elaborated that the United
States Fish and Wildlife Service (USFWS) worked on all
types of invasive species on land and water. The agencys
main task was to prevent the introduction of invasive
species in the U.S. The service was working with state and
federal partners to identify what species may arrive in
Alaska, were already here, and work on prevention. The
agency worked with ADFG, Alaska Invasive Species
Partnership, and the Department of Natural Resources (DNR).
Mr. Martin emphasized that prevention was the key to
success in invasive species management. He reported that
Alaska had relatively few invasive species compared to
other states. He listed some species: Elodea, Northern
Pike, and a suite of terrestrial invasive plants that
varied in impacts. He voiced that the more collaborative
and community based the effort was the more likely invasive
species could be managed and kept in small outbreaks. He
noted that one project was focused on preventing Zebra
Mussels from arriving in the state on the ALCAN Highway. He
shared that USFWS had conducted a pilot project to
understand the level of risk from watercraft being towed to
Alaska. He reported that 70 percent of the vessels arriving
via highway was not being inspected by a large network of
watercraft inspections stations across the west, and 38
percent of the boats had come from states with infected
waters. He noted the discovery of a sailboat encrusted with
zebra mussels that arrived in Alaska in 2019 that luckily
had not become a threat. The service worked with Canadian
watercraft inspection agencies, state Fish and Game
agencies, and Customs and Border protection to set up an
inspection project on the Alcan that discovered a jet ski
that had been test driven on Lake Powell infested with
zebra mussels. He remarked that the detection
infrastructure was available but needed to expand. He
emphasized that much more collaboration and inspection
infrastructure was warranted. He related a recent incident
in Alaska where moth balls were quarantined because they
carried zebra mussels on them.
2:49:34 PM
Mr. Martin continued that the incident underlined the
threat and need for collaboration. He pointed to Dutch
Harbor being an international shipping platform for Alaska
in addition to its rank as the top US commercial fishing
port by volume and a major hub for barges from
international waters. He noted that some of the barges came
from the most infested bays and waterways in the world like
Southeastern Asia, Central and South America, Port of
Vancouver, Port of Tacoma, and San Francisco Bay. The
infrastructure and coordination were currently lacking to
offer a rigorous detection and rapid response program. He
emphasized that the key to success was coordination and
partnerships.
2:51:27 PM
Co-Chair Merrick OPENED public testimony.
DANIELLE VERNA, ENVIRONMENTAL MONITORING PROGRAM MANAGER,
PRINCE WILLIAM SOUND REGIONAL CITIZENS ADVISORY COUNCIL,
VALDEZ (via teleconference), testified in support of the
legislation. She reported that the Prince William Sound
Regional Citizens Advisory Council (PWSRAC) was an
independent nonprofit corporation that promoted the
environmentally-safe operation of the Valdez Marine
Terminal and associated tankers. The 18 member
organizations were comprised of the communities affected
by the Exxon Valdez oil spill, as well as fishing,
aquaculture, Alaska Native, tourism, and environmental
groups. She delineated that the council recognized the
significant threat invasive species pose to the
environmental and economic health of the state. Creation of
the Alaska Invasive Species Council was an important step
towards collaboratively addressing invasive species
prevention and management and recognized that the
continually evolving threat of invasive species required
resources for a rapid response. The council supported the
development of a 5-year plan and establishment of a funding
mechanism. She applauded the bill for including the need
for both prevention and response for marine and freshwater
environments. She detailed that commercial shipping was a
potential vector for invasive species from ballast water.
The tankers arriving in Prince William Sound deliver
roughly 90 percent(11 million metric tons) of all the
balast water in the state sourced from highly invaded port
systems on the U. S. West Coast. The council had long
advocated for effective policies, sampling, and monitoring
to prevent introductions.
2:55:03 PM
Co-Chair Merrick CLOSED public testimony.
Co-Chair Merrick asked for a review of the fiscal notes.
She noted the published fiscal note from DFG [FN 2 (DFG)}.
DOUG VINCENT-LANG, COMMISSIONER, DEPARTMENT OF FISH AND
GAME (via teleconference), shared that invasive species was
a continual challenge for the department due to
increasingly more vectors and threats of invasive species.
He initially worked with the sponsor on the bill because of
its focus on granting more regulatory authority for the
department rather than forming a strategy on how to deal
with the issue. Currently, the department was supportive of
the bill and the creation of a council to help determine
what regulatory aspects were necessary to address the
issues. The department did not believe UGF was necessary to
fund the work of the council. He noted the availability of
grants through the USFWS and other entities to support the
council.
Co-Chair Merrick stated that the other published fiscal
note was for the Department of Environmental Conservation
(DEC) [FN 1 (DEC)].
2:57:38 PM
LAURA ACHEE, LEGISLATIVE LIAISON, DEPARTMENT OF
ENVIRONMENTAL CONSERVATION (via teleconference), relayed
that the department's fiscal note was zero. She added that
the council included a seat for the Commissioner of the
Department of Environmental Conservation (DEC), but she did
not expect the participation to have a material impact.
Vice-Chair Ortiz asked if the DEC currently played an
active role in the eradication of invasive species. Ms.
Achee answered in the affirmative. She elaborated that the
department's involvement included approving permits for
pesticides to help eradicate Elodea and a certain species
of fish. The department had developed a general permit that
would speed up the process and allowed for rapid response
when the situation fell within defined parameters where the
risk and other considerations would be well-known.
2:59:31 PM
AT EASE
3:00:18 PM
RECONVENED
Representative Carpenter asked about response and
prevention of invasive species. He asked if the department
could manage invasive species in the current budget.
Commissioner Vincent-Lang answered that the department was
looking to convene the council to develop a common strategy
to determine what may be needed to address the issue and in
terms of regulatory oversight. Currently, DFG was dealing
with invasive species on a case by case basis. He wanted
the development of a comprehensive strategy that included
state and federal agencies to help tackle the problem.
Representative Carpenter inquired if the legislature
directed the department to develop its own strategy for
dealing with invasive species whether the department had
the ability to create a strategy without a council.
Commissioner Vincent-Lang replied that it would mean the
need to convene a group like the council to create a
collaborative approach due to the necessary involvement of
various departments and federal agencies.
3:02:44 PM
Representative Carpenter asked if the council would be
necessary in perpetuity or whether the need was temporary.
Commissioner Vincent-Lang answered that he saw the council
working for a couple of years to develop the
recommendations and he viewed that it would not need to be
permanent. He added that the council would publish a report
that included recommendations.
Representative Tarr provided closing remarks. She addressed
the questions by Representative Carpenter. She noted that
the previous committee had discussed the need for a sunset
date. She anticipated that the point to reevaluate the
council's ongoing role would be after the strategic plan
was published. She favored the status of the bill as it
felt premature to put an end date on the council at
present. She was supportive of a sunset but did not want to
act hastily.
3:05:09 PM
Representative Carpenter believed that something was needed
to be done to address invasive species; however, he was
cautious about creating another bureaucracy. He was
hesitant to support the bill without a sunset or backstop
to creating more government. He wanted to offer an
amendment of some sort.
Co-Chair Merrick set a noon deadline for amendments the
following day.
HB 54 was HEARD and HELD in committee for further
consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 57 PCE legal opinion 4.8.21.pdf |
HFIN 5/18/2021 1:30:00 PM |
HB 57 |
| HB 57 presentation 3.9.21.pdf |
HFIN 5/18/2021 1:30:00 PM |
HB 57 |
| HB 57 Public Testimony by 051821.pdf |
HFIN 5/18/2021 1:30:00 PM |
HB 57 |