Sec. A-1. 12 MRSA §7791, sub-§1-B is enacted to read:
1-B. Aquatic plant. "Aquatic plant" means a vascular plant species that requires a permanently flooded freshwater habitat.
Sec. A-2. 12 MRSA §7791, sub-§3-A is enacted to read:
3-A. Invasive aquatic plant. "Invasive aquatic plant" means a species of aquatic plant described in Title 38, section 410-N.
Sec. A-3. 12 MRSA §§7794-B and 7794-C are enacted to read:
§7794-B. Lake and river protection sticker
Beginning on January 1, 2002, and by January 1st of each subsequent year, the commissioner shall provide each agent authorized to register watercraft or issue licenses with a sufficient quantity of lake and river protection stickers for that boating season. The sticker must be in 2 parts so that one part of the sticker can be affixed to each side of the bow of a motorboat or personal watercraft. The fee for a sticker is $20 for a motorboat or personal watercraft not registered in the State and $10 for a motorboat or personal watercraft registered in the State.
1. Disposition of sticker revenues. All fees collected by the commissioner from the sale of stickers under this section are paid daily to the Treasurer of State. Notwithstanding section 7800, the treasurer shall credit funds received under this subsection as follows:
A. Sixty percent of the revenues are credited to the Invasive Aquatic Plant and Nuisance Species Fund established in the Department of Environmental Protection under Title 38, section 1863; and
B. Forty percent of the revenues are credited to the Lake and River Protection Fund established in the department under section 7806.
2. Administrative cost. The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this section.
§7794-C. Lake and river protection sticker required
Beginning January 1, 2002, a person may not operate a motorboat or personal watercraft on the inland waters of the State unless a lake and river protection sticker issued under section 7794-B is affixed to both sides of the bow above the water line and approximately 3 inches behind the validation sticker required under section 7794.
Sec. A-4. 12 MRSA §7801, sub-§§37 to 39 are enacted to read:
37. Failure to display lake and river protection sticker. Beginning January 1, 2002, a person who places a motorboat or personal watercraft upon the inland waters of the State without displaying a lake and river protection sticker as required by section 7794-C commits a civil violation for which a forfeiture of not less than $100 and not more than $250 per violation may be adjudged, except that a citation for a violation of this subsection may not be issued to a person who is also issued a citation at the same time for another violation of any provision of this section. A forfeiture imposed under this subsection may not be waived by the court.
38. Launching a contaminated watercraft. A person who places a watercraft that is contaminated with an invasive aquatic plant upon the inland waters of the State commits a civil violation for which a forfeiture of not less than $500 and not more than $5,000 per violation may be adjudged. A forfeiture imposed under this subsection may not be waived by the court.
39. Operating a watercraft in a quarantined area. A person who operates a watercraft in violation of an order issued under Title 38, section 1864 commits a civil violation for which a forfeiture of not less than $500 and not more than $5,000 per violation may be adjudged. A forfeiture imposed under this subsection may not be waived by the court.
Sec. A-5. 12 MRSA §7806 is enacted to read:
§7806. Lake and River Protection Fund
The Lake and River Protection Fund, referred to in this section as the "fund," is created within the department as a nonlapsing fund. The fund must be administered by the commissioner. The fund is funded from fees collected for lake and river protection stickers issued under section 7794-B and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature. Money in the fund may be used for enforcing laws pertaining to invasive aquatic plants, inspecting watercraft for invasive aquatic plant materials, educational and informational efforts targeted at invasive aquatic plant prevention, eradication and management activities and the production and distribution of lake and river protection stickers required under section 7794-B.
Sec. A-6. 38 MRSA §419-C, sub-§2, as enacted by PL 1999, c. 722, §2, is amended to read:
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 $500 may be adjudged for the 2nd first violation and a forfeiture not to exceed $500 $2,500 may be adjudged for a subsequent violation.
Sec. A-7. 38 MRSA c. 20-A is enacted to read:
CHAPTER 20-A
PROGRAM TO PREVENT INFESTATION OF AND TO CONTROL INVASIVE AQUATIC PLANTS
As used in this chapter and chapter 20-B, unless the context otherwise indicates, the following terms have the following meanings.
1. Invasive aquatic plant. "Invasive aquatic plant" means a species of aquatic plant described in section 410-N.
2. Nuisance species. "Nuisance species" means an aquatic or terrestrial nonindigenous species that threatens the diversity or abundance of native species, the ecological stability of infested waters or commercial, agricultural, aquacultural or recreational activity dependent on such waters as identified by the department through rulemaking.
3. Watercraft. "Watercraft" has the same meaning as in Title 12, section 7791, subsection 14.
§1862. Program to prevent infestation of and to control invasive aquatic plants
1. Program. The commissioner and the Commissioner of Inland Fisheries and Wildlife jointly shall implement a program to inspect watercraft, watercraft trailers and outboard motors at or near the border of the State and at boat launching sites for the presence of invasive aquatic plants and to provide educational materials to the public and to watercraft owners regarding invasive aquatic plants.
2. Other inspection stations allowed. The program established under this section also may include inspections at boat launching sites on inland waters that are already infested and at boat launching sites on the inland waters that have been identified as most at risk of introduction of invasive aquatic plants.
3. Informational material to be provided. The program established under this section must provide for the distribution of informational material on invasive aquatic plants, including a guide to identifying those plants, information on how to prevent the spread of those plants and information on the potential environmental impact and other impacts of infestation.
4. Program implementation. During the 2001 boating season, the department and the Department of Inland Fisheries and Wildlife shall spend at least 5,000 person hours inspecting watercraft, watercraft trailers and outboard motors at selected boat launching sites and at no fewer than 10 roadside locations at or near the state border. In 2001, the program established under this section also must include an extensive educational effort involving a variety of media with the goal of informing the public of the risks posed by invasive aquatic plants, how to inspect watercraft, watercraft trailers and outboard motors for the presence of invasive aquatic plant material and how to properly dispose of that material. The program also must include other invasive aquatic plant-related inspection or educational efforts considered appropriate by the commissioner and the Commissioner of Inland Fisheries and Wildlife.
The program in 2002 and subsequent years must be at a level of effort determined by the commissioner and the Commissioner of Inland Fisheries and Wildlife in consultation with the Interagency Task Force on Invasive Aquatic Plant and Nuisance Species, as established in section 1871.
§1863. Invasive Aquatic Plant and Nuisance Species Fund
The Invasive Aquatic Plant and Nuisance Species Fund, referred to in this section as the "fund," is created within the department as a nonlapsing fund. The fund is administered by the commissioner. The fund is funded from fees collected for lake and river protection stickers issued under Title 12, section 7794-B and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature. Money in the fund may be used only for costs related to conducting inspections under section 1862, conducting invasive aquatic plant prevention, containment, eradication and management activities and reimbursing agencies as necessary for costs associated with conducting or enforcing the provisions of this chapter and chapter 20-B. The commissioner may also use funds to contract with municipalities or other entities to conduct inspection, prevention or eradication programs to protect the inland waters of the State from invasive aquatic plant and nuisance species.
§1864. Emergency authority to regulate surface use
The commissioner and the Commissioner of Inland Fisheries and Wildlife may jointly issue an emergency order to restrict or prohibit the use of any watercraft on all or a portion of a water body that has a confirmed infestation of an invasive aquatic plant. The order must be for a specific period of time and may be issued only when the use of watercraft on that water body threatens to worsen or spread the infestation. The order may require that watercraft on waters affected by the order be taken out of the water only at locations identified in the order and be inspected and cleaned by the department upon removal.
If the infested water body is a public drinking water supply, public notification by the commissioner and the Commissioner of Inland Fisheries and Wildlife is required prior to any response action that proposes the use of a chemical control agent. Public notification must include, at a minimum, notification of adjoining municipalities, property owners, drinking water suppliers who use that water supply and other affected persons, and must provide adequate time for public review and comment on the proposed emergency action. Chemical control agents may not be used on a water body that is a public water supply without the prior written consent of each public water supplier using that water body.
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