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L&W Home > Monitoring & Assessment > Lakes > Invasives > Materials > Invasive Plants - Laws

Invasive Plants -- Laws

The "Invasive Aquatic Plants" provisions are codified in a number of places in Maine Revised Statutes Annotated

5 MRSA 12004-D(6) -- Interagency task force expenses
12 MRSA 13001
-- (6) "aquatic plant" and (14) "invasive aquatic plant"
12 MRSA 13058 -- Lake and river protection sticker required
12 MRSA 13068(1) -- Launching contaminated watercraft
12 MRSA 13068(15) -- Violation of a surface use restriction order
12 MRSA 10257-- Lake and river protection fund
38 MRSA 410-N -- Aquatic nuisance species control
38 MRSA 419-C -- Prevention of the spread of invasive aquatic plants
38 MRSA Chapter 20-A -- Program to prevent infestation of and to control invasive aquatic plants
38 MRSA 20-B -- Invasive aquatic plants and nuisance species control
38 MRSA 1864 -- Emergency authority to regulate surface use

Amendments from the 2005-2006 legislative session
  • Chapter 561. An Act To Amend Certain Laws Administered by the Department of Environmental Protection (see Section 1) (effective August 23, 2006).
Amendments and Resolves from 2004-2005 legislative session
  • Resolve, Chapter 43. Resolve, Regarding Nonnative Invasive Marine Species. Effective September 17, 2005.
  • Chapter 182. An Act Concerning Invasive Species and Water Quality Standards. Effective September 17, 2005.
Amendments from the 2003-2004 legislative session
  • Chapter 627. An Act to Amend the Laws Regarding Invasive Aquatic Species (effective July 30, 2004)
  • Chapter 655. An Act to Revise the Fish and Wildlife Laws to Complement the Recodification of those laws (IN PART) (effective April 22, 2004)
Reference
  • Chapter 136. An Act Regarding the Development and Implementation of an Eradication Plan for Invasive Aquatic Plants (effective September 13, 2003).
  • Chapter 434.  An Act to Prevent Infestation of Invasive Aquatic Plants (effective June 20, 2001)
  • Chapter 722, An Act to Prevent the Spread of Invasive Aquatic Plants (effective April 14, 2000).

The "Chapters" are in the form that a bill is enacted and signed. They contain temporary provisions, such as report and budget provisions, which are not codified into MRSA.

The following summary describes Chapter 434.

This legislation created a program to address threats posed to the inland waters of the State by invasive aquatic plants and nuisance species. The program is implemented through the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife.

The bill required those departments to conduct in 2001 a program that includes a substantial public education component combined with at least 5,000 person hours spent inspecting boats, motors and trailers for invasive aquatic plants at selected boat launching facilities and at no fewer than 10 roadside locations at or near the state border. In 2002 and subsequent years, the actual level of inspections will be determined by those departments in consultation with the Interagency Task Force on Invasive Aquatic Plants and Nuisance Species, established in the bill.

In addition to the education and inspection components of the program, the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife are authorized to jointly issue emergency orders 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. Such orders 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. If the infested water body is a public drinking water supply, public notification and opportunity for comment is required prior to taking any response action that proposes the use of a chemical control agent.

The bill also prohibits the operation of a motorboat or personal watercraft on inland fresh waters after January 1, 2002 unless that motorboat or personal watercraft displays a lake and river protection sticker on both sides of the bow. The fee for the sticker is $10 for Maine registered boats and $20 for out-of-state motorboats. The sticker will be available statewide through all agents authorized by the Department of Inland Fisheries and Wildlife to register boats or sell hunting and fishing licenses. The agents retain $1 from the sale of each sticker. The remaining revenues from the stickers are divided between new funds in the Department of Inland Fisheries and Wildlife and the Department of Environmental Protection to be used for education, inspection and enforcement efforts related to the control of invasive aquatic plants and nuisance species, either directly or through grants to public or private entities. Forty percent of the revenues from the stickers are allocated to the Department of Inland Fisheries and Wildlife and 60% of the revenues are allocated to the Department of Environmental Protection.

The bill also created the 17-member Interagency Task Force on Invasive Aquatic Plants and Nuisance Species with the responsibility of advising the Land and Water Resources Council on various actions to control invasive aquatic plants and nuisance species and to recommend a state plan to address those threats.

The bill also directed the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife to report to the Joint Standing Committee on Natural Resources and the Joint Standing Committee on Inland Fisheries and Wildlife no later than January 15, 2002, on the invasive aquatic plant education and inspection program conducted during the 2001 boating season and on plans for that program for 2002 and subsequent years (Report). The bill authorizes the Joint Standing Committee on Natural Resources to report out legislation on invasive aquatic plants and nuisance species to the Second Regular Session of the 120th Legislature.