HB 365-AQUATIC INVASIVE SPECIES  1:09:51 PM CO-CHAIR FEIGE announced that the next order of business would be HOUSE BILL NO. 365, "An Act relating to the rapid response to, and control of, aquatic invasive species." In response to Representative Gardner, Co-Chair Feige requested Mr. Swanton of the Alaska Department of Fish & Game (ADF&G) to address the status of the department's 2002 Alaska Aquatic Nuisance Species Management Plan. 1:11:19 PM CHARLES SWANTON, Director, Division of Sport Fish, Alaska Department of Fish & Game (ADF&G), explained that ADF&G's 2002 Alaska Aquatic Nuisance Species Management Plan was primarily put together because such a plan was required under the National Invasive Species Act [of 1996] to receive federal funding for [invasive] species. The plan resulted in the state receiving approximately $1.7 million in federal funds. Noting that the noxious weeds identified in the plan are under the purview of the Department of Natural Resources (DNR), he specified that ADF&G's primary focus has been on northern pike because that is the most pervasive issue ADF&G has had to deal with. He said the department has been reasonably successful at addressing northern pike - the most recent eradication efforts being in and around Yakutat, along with a fair amount of work on northern pike in and around the Anchorage area and the Kenai Peninsula. He added that the 2002 plan is fairly comprehensive and in some respects the authorities are well beyond what ADF&G has to implement; however, as a guiding document it allows ADF&G to focus its attentions, which the department has done. 1:13:37 PM CO-CHAIR SEATON asked how the 2002 plan was implemented to address the Didemnum vexillum (D. vex) situation in Sitka's Whiting Harbor. MR. SWANTON replied he is unsure about D. Vex in relation to the plan. He said the D. Vex issue was discovered in 2010 through a "bioblitz" conducted by a wide number of agencies. While the 2002 plan references a wide array of invasives, it does not identify D. vex or tunicates. The plan has offered ADF&G some guidance for addressing D. vex, but by and large that issue was relatively unique and has required time to focus on what needs to be done to move forward. 1:14:59 PM REPRESENTATIVE P. WILSON noted it has been two years since the D. Vex was identified and voiced her hope that a plan has been put in place to ensure it does not spread. She said she would be very upset to find ADF&G has let it go and has no plans for the future. MR. SWANTON responded ADF&G has systematically addressed the issue as best it can with the limited funding available. He said ADF&G has requested a capital project within the governor's budget specifically to Whiting Harbor and D. vex. That budget will allow ADF&G the necessary funds to eradicate the species and do some follow-up monitoring for several years after the eradication to ensure that all of it was eradicated. 1:16:27 PM REPRESENTATIVE P. WILSON expressed her concern that D. Vex eradication was not been included in the operating budget and stated that it will take more than one-time funds since this invasive has not been eradicated and has dispersed over quite an area. Regarding the capital budget, she asked whether someone has informed the other body that this is an emergency and is not a one-time funding thing. MR. SWANTON answered ADF&G has identified this as a priority on the capital side and the department has had discussions throughout the course of legislative hearings in terms of the department's budget. He presumed folks are aware of what ADF&G is trying to do with this capital project and the intent. REPRESENTATIVE P. WILSON expressed her deep disappointment. 1:17:58 PM CO-CHAIR SEATON stated that this discussion shows the importance of HB 365. He said D. vex is an invasive species that could be extremely damaging to the economy of mariculture and to all Southeast Alaska fisheries, yet the apparent authority was not there to do an emergency response. The right emphasis is not being put on the extreme importance of failing to give priority to an invasion in a limited geographic area and HB 365 will provide this priority. He shared in Representative P. Wilson's deep disappointment about the response to the D. vex issue. 1:20:08 PM CO-CHAIR FEIGE asked why this emergency was not included in the supplemental budget request. He said ADF&G is not jumping up to take care of what could be a pretty serious problem. The committee did not know there was a capital request, which tells that the issue has not received much emphasis; HB 365 will therefore send the department a message. CO-CHAIR SEATON added that while the committee heard a presentation last year, that presentation was at the committee's request after it learned about the issue from Representative P. Wilson; the department did not come to the committee saying it had an emergency that needed to be addressed right away. He said the purpose of HB 365 is to tell ADF&G it needs to act. REPRESENTATIVE P. WILSON pointed out that this D. vex issue was enough of an emergency that it went to a nationwide alert with involvement from the National Oceanic and Atmospheric Administration (NOAA), the Smithsonian Institute, and the University of Alaska. Many people knew how critical it was, yet ADF&G said it did not have the money and could not do anything. The state cannot let this happen because it could lead to the devastating result of quarantined harbors. The state must have something in place to provide direction so that a department cannot say it has no money and will therefore not do anything. 1:23:29 PM REPRESENTATIVE KAWASAKI noted HB 360 was amended to cut out [freshwater aquatic species] so it now deals only with marine aquatic species. He inquired whether ADF&G would want this rapid response authority to address all aquatic species, if the department believes it does not already have this ability. MR. SWANTON replied he thinks ADF&G's ability to respond rapidly has all to do with the circumstances surrounding the particular species, the area, and the threat to other resources and the economy. He said the revised fiscal note addresses the three marine species that ADF&G should be paying attention to and developing a plan for. 1:25:16 PM REPRESENTATIVE KAWASAKI, noting that northern pike is one of the six [freshwater] species that would be excluded from the bill as amended, asked whether that means northern pike would not be identified as a priority invasive species. MR. SWANTON responded that northern pike has been a priority in the freshwater aquatic environment through the department's planning exercise that took place in 2002 and the subsequent document. The department has had several successful eradication efforts around the state and will continue to use the resources it has sequestered for that particular instance. 1:26:12 PM REPRESENTATIVE KAWASAKI pointed out that the bill deals with rapid response because the department felt it did not have the ability to rapidly respond to an invasive species. For example, flooding of the Salcha River near Fairbanks occurs regularly, sometimes spilling water into the Harding Lake tributary system. Given that ADF&G stocks Harding Lake with silver salmon and rainbow trout, he inquired whether the department would have the ability under HB 365, as amended, to respond rapidly if pike got into the Harding Lake area from one flooded season. MR. SWANTON answered he believes ADF&G has the ability, especially along the road system, to address those issues fairly rapidly, as opposed to other areas of the state even in marine waters. Regarding the aforementioned Harding Lake scenario, he said he feels comfortable that ADF&G would have the ability to take care of those issues. 1:27:49 PM REPRESENTATIVE MUNOZ asked what the current situation is in Whiting Harbor and whether there is evidence that D. Vex is still there or has been eradicated. MR. SWANTON replied ADF&G has not undertaken eradication efforts, but has removed from the water the nets for oyster spatter that were the most contaminated and that were not on the sea floor. Some of the superstructure has been cleaned up, he continued, and most of the tunicate currently exists on the sea floor fairly prominently in the head of that bay. Mapping has been done and the invasive species coordinator has made in-roads as to what permits are going to be necessary in preparation of hopefully receiving this capital project to conduct the eradication efforts, which will start in earnest as soon as the funding is available. 1:29:37 PM CO-CHAIR FEIGE, regarding the fiscal note mentioned by Mr. Swanton, inquired what has changed in the current fiscal note as opposed to the original one. MR. SWANTON responded ADF&G has removed three of the six species it was going to develop rapid response plans for. In essence, the original note has been carved in half because those rapid response plans would not be referenced. Should HB 365 pass and funding become available, ADF&G would develop rapid response plans for the invasive tunicate, European green crab, and Spartina cordgrass. In further response, Mr. Swanton said the revised amount would be $430,000 for fiscal year 2013 and $215,000 for fiscal year 2014 for finalization of those plans. REPRESENTATIVE MUNOZ understood the fiscal note is to help ADF&G develop the plan and identify information around each of the species. She asked what the capital amount is for the eradication efforts. MR. SWANTON answered that this fiscal note does not reflect any cost with implementing any plans if ADF&G does find any of these species for eradication. This fiscal note is solely to develop plans that would allow for the various agencies and interested parties to understand their roles in removing that threat. 1:31:43 PM MR. SWANTON, in response to Co-Chair Feige, said the current capital request for eradicating D. vex in Whiting Harbor is $500,000. In response to Co-Chair Seaton, Mr. Swanton said the mechanism for this eradication has yet to be determined. There has been some success within the literature, he continued, that suggests some sort of matting structure to cover the substrate and choke off the invasive. The department is planning to put it out for bid as soon as possible to a qualified contractor to conduct the eradication. In response to Representative Gardner, Mr. Swanton said ADF&G believes the matting will likely be the best approach and will take care of most of the eradication; the department is suggesting the contractor use other methods to clean up the other spots. The remainder of the money will be used for monitoring to ensure the invasive does not resurface. 1:34:17 PM REPRESENTATIVE KAWASAKI, noting that D. vex is not included in ADF&G's 2002 Alaska Aquatic Nuisance Species Management Plan, asked whether the plan will be updated. MR. SWANTON replied the 2002 plan is not a rapid response plan; rather, it is a broader perspective plan put together for purposes of securing federal funding for invasive species work. He said ADF&G has received about $1.4-$1.7 million in federal funding to implement elements of the plan, primarily focused on northern pike. He reiterated that he cannot speak to the noxious weeds elements in the plan [because that falls under the purview of the Department of Natural Resources]. REPRESENTATIVE KAWASAKI commented that page v of the 2002 plan's executive summary states that protocols shall be developed for early detection, rapid response to, control and management of new invasive species. Therefore, he said, some of this might be redundant and the fiscal note should reflect this. 1:37:06 PM CO-CHAIR SEATON moved to report HB 365, as amended, out of committee with individual recommendations and the accompanying pending fiscal notes. There being no objection, CSHB 365(RES) was reported from committee. CO-CHAIR FEIGE added that HB 365 is being reported from committee with the understanding to ADF&G that it has some work to do on the plan as well as the general approach to those things that threaten Alaska's economy and environment.