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State of Maine - CHAPTER
722
H.P. 1843 - L.D. 2581
An Act to Prevent the
Spread of Invasive Aquatic Plants
Emergency preamble. Whereas, Acts
of the Legislature do not become effective until 90 days after
adjournment unless enacted as emergencies; and
Whereas, invasive aquatic plants
present an imminent threat to state waters; and
Whereas, it is important to
prevent the transport of invasive aquatic plants into the State on
boats and trailers because eradication is nearly impossible once
an infestation occurs; and
Whereas, the summer boating
season will begin prior to 90 days after adjournment; and
Whereas, in the judgment of the
Legislature, these facts create an emergency within the meaning of
the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace,
health and safety; now, therefore,
Be it enacted by the People of
the State of Maine as follows:
Sec. 1. 38 MRSA §410-N is enacted
to read:
§410-N. Aquatic nuisance species
control
1. Definitions. As used in this
section and section 419-C, unless the context otherwise indicates,
the following terms have the following meanings.
A. "Aquatic plant" means a
vascular plant species that requires a permanently flooded
freshwater habitat.
B. "Invasive aquatic plant" means
a species identified by the department through rulemaking as an
invasive aquatic plant or one of the following species:
(1) Eurasian water milfoil,
Myriophyllum spicatum;
(2) Variable-leaf water milfoil,
Myriophyllum heterophyllum;
(3) Parrot feather, Myriophyllum
aquaticum;
(4) Water chestnut, Trapa natans;
(5) Hydrilla, Hydrilla
verticillata;
(6) Fanwort, Cabomba caroliniana;
(7) Curly pondweed, Potamogeton
crispus;
(8) European naiad, Najas minor;
(9) Brazilian elodea, Egeria
densa;
(10) Frogbit, Hydrocharis
morsus-ranae; and
(11) Yellow floating heart,
Nymphoides peltata.
Rules adopted pursuant to this
paragraph are routine technical rules as defined in Title 5,
chapter 375, subchapter II-A.
2. Education. The department
shall prepare educational materials that inform the public about
problems associated with invasive aquatic plants, how to identify
invasive aquatic plants, why it is important to prevent the
transportation of aquatic plants and the prohibitions relating to
aquatic plants contained in section 419-C. The department shall
make the materials available to municipalities, lake associations,
water quality monitors, law enforcement agents, businesses that
sell aquatic plants in the State and other interested individuals.
A. The department shall provide
signs for installation at all state boat launch facilities on
fresh waters informing the public about the prohibition of aquatic
plant transportation on boats and trailers and may provide these
signs, as available funds allow, for installation at other boat
launch sites including municipal boat launch facilities,
campground boat launch facilities and other commonly used launch
sites.
B. The department shall work with
the Department of Transportation and the Maine Turnpike Authority
to provide signs and educational materials on all major roads at
the State's borders advising incoming boat owners that state law
requires all boats and trailers to be free of aquatic plant
material.
3. Control. The department shall
investigate and document the occurrence of invasive aquatic plants
in state waters and may undertake activities to control invasive
aquatic plant populations as follows.
A. The department or a person
designated by the department may attempt eradication of an
invasive aquatic plant from a water body if determined feasible by
the department. If the commissioner determines that eradication
activities must be undertaken immediately, a license is not
required under section 413 or section 480-C for the use of a
physical, chemical or biological control material by the
department or a person designated by the department if the use of
the control material is specifically related to the immediate
eradication of invasive aquatic plant populations in the water
body. Prior to undertaking an eradication activity and to the
extent practical, the department shall notify landowners whose
property is adjacent to the area where the activity will be
undertaken.
B. The department may conduct
research to test new control methods for the eradication of
invasive aquatic plants pursuant to section 362-A.
Sec. 2. 38 MRSA §419-C is enacted
to read:
§419-C. Prevention of the spread
of invasive aquatic plants
1. Prohibition. A person may not:
A. Transport any aquatic plant or
parts of any aquatic plant, including roots, rhizomes, stems,
leaves or seeds, on the outside of a vehicle, boat, personal
watercraft, boat trailer or other equipment on a public road;
B. Possess, import, cultivate,
transport or distribute any invasive aquatic plant or parts of any
invasive aquatic plant, including roots, rhizomes, stems, leaves
or seeds, in a manner that could cause the plant to get into any
state waters; or
C. After September 1, 2000, sell
or offer for sale in this State any invasive aquatic plant.
2. Penalty. A person who
intentionally violates this section commits a civil violation for
which a warning may be issued for the first violation, a
forfeiture not to exceed $50 may be adjudged for the 2nd violation
and a forfeiture not to exceed $500 may be adjudged for a
subsequent violation.
Sec. 3. Report; invasive aquatic
species control. The Department of Environmental Protection and
the Department of Inland Fisheries and Wildlife shall jointly
submit a report on invasive aquatic species control, including
recommendations and implementing legislation, to the joint
standing committees of the Legislature having jurisdiction over
natural resources matters and inland fisheries matters by January
15, 2001. The report must address at least the following:
1. Identification of other
biological threats to the State's waters including invasive animal
species that may become a nuisance;
2. Further education, awareness
and prevention efforts needed to stop the introduction and spread
of invasive species;
3. Methods to control the spread
of invasive species should any become established in the State,
including quarantine authority;
4. Enforcement of the
prohibitions in the Maine Revised Statutes, Title 38, section
419-C;
5. The status of cooperation from
other state agencies in educating the public about invasive
aquatic species; and
6. Recommendations for necessary
funding to support the prevention and control of invasive aquatic
species.
In preparing the report, the
departments shall consult with interested parties, including
representatives of the following: the Maine Volunteer Lake
Monitoring Program, lake associations, 1akeshore owners, boat
owners, sporting interests, business interests, marina owners,
campground owners, environmental organizations, other state or
federal agencies and interested agencies in neighboring states and
provinces. The joint standing committee of the Legislature having
jurisdiction over natural resources matters is authorized to
report out a bill concerning invasive aquatic species control to
the First Regular Session of the 120th Legislature.
Emergency clause. In view of the
emergency cited in the preamble, this Act takes effect when
approved.
Effective April 14, 2000. |
