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.