02/05/2013 10:00 AM House FISHERIES

                 HB 89-AQUATIC INVASIVE SPECIES                                                                             
                                                                                                                                
11:09:10 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON announced that the  final order of business would be                                                               
HOUSE BILL  NO. 89, "An  Act relating  to the rapid  response to,                                                               
and  control of,  aquatic invasive  species and  establishing the                                                               
aquatic invasive species response fund."                                                                                        
                                                                                                                                
11:09:38 AM                                                                                                                   
                                                                                                                                
LOUIE  FLORA, Staff,  Representative  Paul  Seaton, Alaska  State                                                               
Legislature,  introduced HB  89  stating that  the  intent is  to                                                               
address a  rapid response to  invasive species which  may already                                                               
or are likely  to appear in Alaskan waters.   In recent committee                                                               
meetings,  invasive species,  such  as the  Sitka infestation  of                                                               
D.vex, commonly called  Sea Vomit, have been  presented and shown                                                               
to be a growing problem.  It  is important to have the ability to                                                               
address  these  types  of  outbreaks.    Additionally,  he  said,                                                               
immediate attention  may be required  to address  situations such                                                               
as unknown  species arriving on  the Japanese tsunami  debris and                                                               
what the growing  commerce connected to marine  traffic may bring                                                               
to regions  in Alaska.   On the  books, a long  range plan  is in                                                               
place,  but HB  89 is  specific for  developing a  rapid response                                                               
capability within, as well as  through the coordination of, state                                                               
agencies.                                                                                                                       
                                                                                                                                
11:12:20 AM                                                                                                                   
                                                                                                                                
DOUGLAS DUNCAN  Intern, Representative Paul Seaton,  Alaska State                                                               
Legislature, paraphrased  from the sponsor statement,  which read                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     HB 89 provides  the Alaska Department of  Fish and Game                                                                    
     (ADF&G) with  the statutory authority,  and a  fund, to                                                                    
     swiftly address  outbreaks of aquatic  invasive species                                                                    
     such as D.vex.                                                                                                             
                                                                                                                                
     HB  89   requires  ADF&G,  in  coordination   with  the                                                                    
     Department    of   Environmental    Conservation,   the                                                                    
     Department of  Natural Resources, and  other applicable                                                                    
     agencies, to  establish and carry out  a rapid response                                                                    
     plan to an incipient aquatic invasive species.                                                                             
                                                                                                                                
     HB  89  gives  ADF&G  the authority  to  use  chemical,                                                                    
     biological,  mechanical, or  physical  methods to  deal                                                                    
     with the outbreak.   It allows for  expedited review of                                                                    
     plans for  dealing with  invasive species,  and directs                                                                    
     ADF&G staff  to prioritize eradication of  the invasive                                                                    
     species  over other  management issues  for a  specific                                                                    
     area.                                                                                                                      
                                                                                                                                
     HB 89  specifies that affected private  property owners                                                                    
     shall  be  considered,   but  still  allows  responding                                                                    
     agencies  to be  held  harmless for  damages caused  by                                                                    
     their invasive  species treatment.   Impacts  to native                                                                    
     species shall be minimized if possible.                                                                                    
                                                                                                                                
     Sea Vomit  and other aquatic invasive  species have the                                                                    
     potential to seriously  impact our lucrative commercial                                                                    
     fishing,   mariculture,    and   recreational   fishing                                                                    
     industries.   HB 89 gives  Alaska the tools  to rapidly                                                                    
     combat this threat.                                                                                                        
                                                                                                                                
MR. DUNCAN stressed  that the sooner response can  take place the                                                               
better  the  possibility of  success  in  protecting the  aquatic                                                               
resources  of  Alaska;  established  invasive  species  are  more                                                               
difficult to control or eradicate.                                                                                              
                                                                                                                                
11:15:13 AM                                                                                                                   
                                                                                                                                
MR.  FLORA reported  that, because  of  the previous  legislation                                                               
considered on this subject, the  topic has been discussed by, and                                                               
opinions contributed  from, various interest groups  to assist in                                                               
the crafting  of the  bill language.   For example,  inclusion of                                                               
"incipient populations  of aquatic  invasive species"  is helpful                                                               
to isolate  and trigger a  rapid response for targeted  action on                                                               
an   incipient    versus   an   endemic    invasive   population.                                                               
Paraphrasing  from  the bill,  he  said  private property  owners                                                               
would be held  harmless, as indicated by the language  on page 2,                                                               
subsection (h), which reads [original punctuation provided]:                                                                    
                                                                                                                                
     (h)  In responding  under (b)  of this  section to  the                                                                    
     occurrence  of an  incipient population  of an  aquatic                                                                    
     invasive  species, the  department  shall consider  the                                                                    
     potential effects  of its response measures  on private                                                                    
     property while selecting the  most effective methods to                                                                    
     eradicate or control the aquatic invasive species.                                                                         
                                                                                                                                
MR. FLORA  referred to existing regulatory  language that governs                                                               
agricultural pests  and can  require property  owners to  pay for                                                               
mitigation efforts, to underscore  the need to include subsection                                                               
(h).   Also, HB 89  creates a  rapid response fund,  avoiding the                                                               
need  to  call   a  special  legislative  session   in  order  to                                                               
appropriate money in  the event of an emergency  situation due to                                                               
an outbreak.                                                                                                                    
                                                                                                                                
11:18:40 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON  asked  when  the  current  memorandum  of                                                               
understanding (MOU), between  DNR, ADF&G and DEC,  was signed and                                                               
whether it is specific to D.vex.                                                                                                
                                                                                                                                
MR.  FLORA  said   he  would  provide  the   information  to  the                                                               
committee,  regarding   the  signature  date  of   the  MOU,  and                                                               
clarified that it is specific to aquatic species.                                                                               
                                                                                                                                
REPRESENTATIVE HERRON inquired why  the governors proposed budget                                                               
does not include funding for a study/plan for rapid response.                                                                   
                                                                                                                                
MR. FLORA deferred to a state agency for response.                                                                              
                                                                                                                                
11:20:30 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON  pointed out  that the intent  of the  bill requires                                                               
the creation of a plan,  including applicable agency MOUs, and to                                                               
establish a  fund to support  and make capable a  rapid response.                                                               
The purpose  of the fund  is not  for planning purposes.   Citing                                                               
the Whiting Harbor D.vex infestation,  he said it has taken three                                                               
years  for the  department to  formulate a  request for  proposal                                                               
(RFP)  in   order  to  handle  the   outbreak;  putting  economic                                                               
fisheries in  jeopardy.  He pointed  out that the purpose  of the                                                               
fund  is described  within  the bill,  at the  bottom  of page  2                                                               
[subsection (i)].   Finally,  he offered that  ADF&G is  not only                                                               
working with DEC  and DNR but is collaborating  with other state,                                                               
federal and  private entities  as well,  to develop  an effective                                                               
plan.                                                                                                                           
                                                                                                                                
11:24:14 AM                                                                                                                   
                                                                                                                                
CHARLIE  SWANTON,  Director,  Division   of  Sport  Fish,  Alaska                                                               
Department  of Fish  & Game  (ADF&G), referred  to Representative                                                               
Herron's question regarding  the MOU to state that  it was signed                                                               
in mid-January.   He  declined to offer  a definitive  reason for                                                               
the lack of a rapid response  to the Sitka D.vex infestation, and                                                               
said some confusion existed  over statutory responsibility, which                                                               
required  review  by  the  Department  of Law  (DOL).    He  then                                                               
reviewed the fiscal note, prepared by  ADF&G, for HB 89, and said                                                               
it  includes the  cost for  a  staff of  three to  attend to  the                                                               
administrative procedures required in the  bill, over the next 18                                                               
months.  The first phase would  be to update the Aquatic Nuisance                                                               
Species Management Plan, an eleven  year old document, as well as                                                               
establish a comprehensive outline  and finally, create a detailed                                                               
rapid response plan  for the five identified  species, which are:                                                               
Northern  pike, D.vex,  European green  crab, Spartina  cordgrass                                                               
and crayfish.                                                                                                                   
                                                                                                                                
11:27:18 AM                                                                                                                   
                                                                                                                                
REPRESENTATIVE  HERRON acknowledged  that the  MOU was  signed on                                                               
January  15,  [2013], and  said  it  appears  to only  cover  the                                                               
freshwater  invasive plant  Elodea.   Referring  to  the MOU,  he                                                               
noted that  the directional language  states, "Responses  must be                                                               
thorough  and shared  by all  three  agencies."   He opined  that                                                               
critics could interpret  this to mean a  slow response; something                                                               
to bear  in mind.   Further, he  conjectured whether  the sponsor                                                               
should  take  heart  that  the  18  month  fiscal  note  will  be                                                               
adequate.    Referring to  the  previously  mentioned 2002  ADF&G                                                               
statewide management  plan for aquatic  species considered  to be                                                               
the  highest  threat,   he  asked  whether  the   plan  is  being                                                               
implemented in relation to today's subject matter.                                                                              
                                                                                                                                
11:28:41 AM                                                                                                                   
                                                                                                                                
MR.  SWANTON  responded, yes,  and  cited  the ADF&G  legislative                                                               
report [presented  to this committee  on 1/29/13].   Although not                                                               
considered a rapid response to  the D.vex infestation, the report                                                               
also included  discussion of the  Northern pike issue,  which has                                                               
been an  on-going ADF&G  concern.  The  department has  met these                                                               
challenges utilizing the resources that have been available.                                                                    
                                                                                                                                
11:29:38 AM                                                                                                                   
                                                                                                                                
CHAIR SEATON agreed that the  agencies were attempting to respond                                                               
to the  D.vex appropriately,  and said  the legislature  may have                                                               
had  other  expectations;  revealing  the  need  to  revisit  the                                                               
statutory authority.   He stated his understanding  for the major                                                               
delay,  regarding  the  response  to D.vex  in  Sitka,  were  the                                                               
liability  issues  that  arose  around  the  private  mariculture                                                               
facility in  Whiting Harbor.  He  asked if HB 89  would alleviate                                                               
repetition of  a similar legal  situation, with the  inclusion of                                                               
the hold harmless language.                                                                                                     
                                                                                                                                
11:31:14 AM                                                                                                                   
                                                                                                                                
MR.  SWANTON  noted  that  the   bill  offers  comfort  regarding                                                               
liability concerns;  however, statute may apply  differently on a                                                               
situational basis.                                                                                                              
                                                                                                                                
CHAIR SEATON requested that the bill be reviewed by ADF&G legal                                                                 
counsel to ensure appropriate language and announced that the                                                                   
bill would be held for further study and response.