Legislature(2017 - 2018)BARNES 124
04/13/2017 05:00 PM House RESOURCES
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| Audio | Topic |
|---|---|
| Start | |
| HJR9 | |
| HB211 | |
| HB177 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 197 | TELECONFERENCED | |
| *+ | HB 211 | TELECONFERENCED | |
| *+ | HB 217 | TELECONFERENCED | |
| *+ | HB 218 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| + | HJR 9 | TELECONFERENCED | |
| += | HB 177 | TELECONFERENCED | |
HB 177-AQUATIC INVASIVE SPECIES
6:37:29 PM
CO-CHAIR TARR announced that the next order of business would be
HOUSE BILL NO. 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."
CO-CHAIR TARR said public testimony was opened [during the
hearing of HB 177 on 4/7/17] and remained open.
6:38:02 PM
TIM STALLARD, Chairperson, Alaska Committee for Noxious and
Invasive Pest Management (CMPM), which is the professional
association for the study and management of invasive species in
Alaska, expressed CMPM's support of HB 177. Mr. Stallard
informed the committee invasive species are defined as those
that cause harm to natural resources, health, and economic
value; in fact, across the U.S. invasive species cause the loss
of hundreds of billions of dollars each year in crop losses,
damage, and ecological harm. Alaska's low population and
extreme climate have slowed the arrival and establishment of
invasive species, but the state needs to be prepared to take
rapid action when necessary, in a manner similar to the
prevention of, and quick response to, wildfires. The intent of
the bill is to allow the Alaska Department of Fish & Game
(ADFG), the Department of Natural Resources (DNR), and other
state agencies to respond quickly to the presence of invasive
species. Mr. Stallard pointed out additional invasive species
vectors should be addressed in statute and regulation, such as
watercraft arriving via land borders, marine ports, aircraft,
and imported material and equipment with access to Alaska
waterbodies. Additional issues are the release of pets,
aquarium dumping, illegal stocking, and the instate movement of
boats and equipment. Further, CMPM seeks to ensure state
agencies hold authority to write effective regulations related
to aquatic invasive species. He expressed concern that the
Division of Agriculture, DNR, is over five years behind updating
its regulations regarding "the noxious weeds list." Mr.
Stallard closed, noting that Alaskans rely on the state's
natural resources for food, work, and fun, and invasive species
threaten the Alaska way of life. He urged for passage of HB 177
this session.
6:42:05 PM
ARTHUR KEYES, director, Division of Agriculture, Department of
Natural Resources, said the noxious weed regulations "are just
one of many of the regulations that we have on our plate to
update." He said the division is looking to have progress on
updating regulations this year.
REPRESENTATIVE PARISH asked for an approximate number of
trailers and vessels coming into the state annually.
6:44:24 PM
MICHAEL NEUSSL, deputy commissioner, Office of the Commissioner,
Alaska Marine Highway System (AMHS), Department of
Transportation & Public Facilities (DOTPF) directed attention to
a written response [in the committee packet dated 4/10/17] that
included information on traffic volumes entering the state from
Bellingham, Washington and Prince Rupert, British Columbia. He
said the traffic volumes include vehicles other than boats. The
definition of boat or watercraft is nebulous and may include
kayaks, canoes, and personal watercraft carried on vehicles that
are not tracked individually.
CO-CHAIR TARR reported from the aforementioned written response:
From Prince Rupert, 77 port calls and 2,753 vehicles embarked;
from Bellingham, 68 port calls and 5,689 vehicles embarked.
MR. NEUSSL added AMHS does track nonmotorized vehicles embarking
with walk-on passengers such as bicycles, kayaks, and canoes;
the total number systemwide was 1,755 for nonmotorized forms of
transportation.
REPRESENTATIVE PARISH reasoned from the provided response that
.3 percent of 8,000 vehicles embarked would be about 240
trailers entering the state from Prince Rupert and Bellingham
during fiscal year 2015.
MR. NEUSSL clarified the definition of trailers includes
trailers not carrying boats. In further to Representative
Parish, he expressed his belief that DOTPF does not have
information on the number of boats entering the state on roads.
6:48:00 PM
CO-CHAIR TARR closed public testimony. Before the committee was
HB 177.
6:48:07 PM
CO-CHAIR TARR moved to adopt Amendment 1 which read:
Page 1, line 3:
Delete "users of the Alaska marine highway
system"
Insert: "certain persons registering or
transporting boats"
Page 1, following line 4
Insert a new bill section to read:
"*Section 1. AS 05.25.055 is amended by adding a
new subsection to read:
(j) To the extent possible, the Department
of Administration shall ensure that a person who
registers a boat under this section is provided with
any information relating to aquatic invasive species
that has been published in pamphlet form by the
Department of Natural Resources or the Department of
Fish and Game."
Page 1, line 5:
Delete "Section 1
Insert "Sec. 2
6:48:17 PM
CO-CHAIR JOSEPHSON objected for discussion purposes.
CO-CHAIR TARR restated the bill is creating infrastructure for a
rapid response fund to prevent delays in the state's response to
the presence of invasive species. Because prevention is less
expensive than treatment, Amendment 1 expands the dissemination
of prevention information to include not only persons
transporting boats via AMHS, but through the Department of
Administration, and thereby the Division of Motor Vehicles, to
those registering a boat in the state. As an aside, she said
floatplanes are regulated by the Federal Aviation
Administration, U. S. Department of Transportation.
CO-CHAIR JOSEPHSON asked whether AMHS is still required to
educate and inform.
CO-CHAIR TARR said yes; individuals traveling on AMHS would
receive information, and individuals registering a boat would
receive information from the Division of Motor Vehicles.
6:52:03 PM
CO-CHAIR JOSEPHSON withdrew his objection.
6:52:11 PM
REPRESENTATIVE DRUMMOND objected. She asked where the bill
directs AMHS to provide information to passengers with boats.
CO-CHAIR TARR directed attention to the bill on page 3, lines 4-
10, which read:
*Sec. 2. AS 19.65 is amended by adding a new section
to read:
Sec. 19.65.033. Provision of information
relating to aquatic invasive species. To the extent
possible, the commissioner of transportation and
public facilities shall ensure that a person who
purchases a ticket for vehicle deck space on a ferry
for the purpose of transporting a vessel into the
state is provided with any information relating to
aquatic invasive species that has been published in
pamphlet form by the Department of Natural Resources
or the Alaska Department of Fish & Game.
6:52:43 PM
REPRESENTATIVE DRUMMOND removed her objection. There being no
further objection, Amendment 1 was adopted.
REPRESENTATIVE PARISH directed attention to [the bill on page 1,
line 14, and page 2, lines 1 and 2] which read [in part]:
response to, and management of, an aquatic invasive
species under (a) of this section shall be given
priority over activities regulated by the department
in the area where an incipient population of an
aquatic invasive species is being targeted.
REPRESENTATIVE PARISH questioned whether "given priority over
activities regulated by the department," for an invasive
population that could not be eradicated in a reasonable period,
would override other vital activities of the department.
6:54:12 PM
TAMMY DAVIS, Invasive Species Coordinator, Alaska Department of
Fish & Game, in response to Representative Parish after he
restated his question, said, "When I read that statement, I
would believe that responding to that introduced population
would be the number one priority."
CO-CHAIR TARR pointed out the purpose of the bill is to enable
rapid response and thus is supposed to create the infrastructure
necessary [for ADFG] to immediately respond. Otherwise, an
"expensive regulatory process" must be followed.
REPRESENTATIVE PARISH gave the example of Sitka, which has a
severe [Didemnum vexillum (Dvex)] problem, and stated his
concern that the bill would direct ADFG to move resources away
from other critical activities. He asked Ms. Davis whether the
bill would change the way ADFG has been managing the incipient
aquatic invasive population of Dvex in Sitka.
MS. DAVIS said she is a biologist, "more so than a policy
person." She explained the "Dvex efforts" in Sitka thus far
have not taken from other management priorities of ADFG;
however, the department requested that boaters avoid Whiting
Harbor because of the invasive species, although it does not
have enforcement authority. She said Representative Parish has
asked a policy question, and she was not comfortable responding
to how the proposed statute would be interpreted.
7:00:50 PM
REPRESENTATIVE PARISH proposed [a conceptual amendment] deleting
the language "over activities regulated by the department in the
area," and thereby the intent would remain that priority is
given where an incipient population of an aquatic invasive
species is being targeted.
CO-CHAIR TARR restated the intent of the bill is to enable ADFG
to legally prioritize management of an aquatic invasive species
outbreak, because the department has other statutorily-mandated
obligations. She expressed her understanding ADFG seeks the
ability to separate its responsibilities in order to prioritize
managing an outbreak and take immediate action. Co-Chair Tarr
opined ADFG would not want said language deleted.
REPRESENTATIVE PARISH suggested changing "shall" [on page 2,
line 1] to "may."
CO-CHAIR TARR said she would not support the change because it
would change the intent of the bill.
REPRESENTATIVE PARISH related he has received reassurance from
ADFG that the abovementioned language in the bill "is more of an
intent statement, and not one that would prevent them from
accomplishing other high priority activities," and said his
fears are assuaged on that point. He then directed attention to
page 2, lines 16-18 which read [in part]:
... the department shall respond in a manner
determined to cause the least harm to noninvasive fish
populations that are used for recreational, personal
use, commercial, or subsistence purposes.
REPRESENTATIVE PARISH observed often the manner that causes the
least harm is the most expensive.
CO-CHAIR TARR noted that the fund created by the bill is not
funded at this time, but should there be an aquatic invasive
species outbreak, there would be "a place for the money to go."
She expressed her preference for the use of mechanical - over
chemical - means of managing an invasive species. In
transportation corridors pesticides are less expensive than
mechanical control methods, and the language in the bill gives
the department flexibility.
7:05:29 PM
REPRESENTATIVE PARISH gave an example of an elodea outbreak in
which an herbicide is deemed the most effective means for
eradication, but would be more harmful than a mechanical
approach. He opined the bill would mandate the use of a
mechanical method and thus provide only an "incomplete
solution."
CO-CHAIR TARR said the alternative selected would not provide an
incomplete solution because the goal is eradication of an
aquatic invasive species; however, there are concerns about
using chemicals in freshwater lakes and streams to control
northern pike, and she wants the bill to minimize the potential
for harm.
REPRESENTATIVE PARISH is also opposed to poison in lakes and
suggested the bill should direct "minimal total ecological
impact."
7:07:26 PM
The committee took a brief at-ease.
7:08:03 PM
HB 177 was held over.