An Act To Amend the Laws Regarding Invasive Aquatic Species Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. I. 12 MRSA §13058, sub-§§I and 2, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 1. Prohibition. A person may not place or operate a motorboat or personal watercraft on the inland waters of the State unless a lake and river protection sticker issued under subsection 3 is affixed to both sides of the bow above the water line and approximately 3 inches behind the validation sticker required under section 13056. 2. Violation. A person who places or operates a motorboat or personal watercraft upon the inland waters of the State without displaying a lake and river protection sticker as required by subsection 1 commits a civil violation for which a ~e~~eiEQ~e fine of not less than $100 and not more than $250 per violation may be adjudgedT-eHee~~-~~-~~it~-~-~~-a-vielaEieB e~-~~~-sQBseeEieB-~-BeE-~-issQea-~~-a-~~-wae-~~-alse issQea-~-~it~-~~~-Eae-~~~~~-~~-a-¥~~~~~~-~&y-eEae~ Page 1-LR2359(2) COMMITTEE AMENDMENT
Maine Legislature, Session 121, LD 1723
Committee Amendment CA_A_S450 (Senate)
Amends: 12 MRSA §13058, 12 MRSA §13068, 12 MRSA §13072, 38 MRSA §419-C

COMMITTEE AMENDMENT ,A" to S.P. 656, L.D. 1723, Bill, "An 
Act To Establish a Monitoring Program of Maine Lakes Identified 
as Having Invasive Aquatic Species" 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Amend the Laws Regarding Invasive Aquatic Species' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. I. 12 MRSA §13058, sub-§§I and 2, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
1. 
Prohibition. 
A person may 
not place or operate 
a 
motorboat or personal watercraft on the inland waters of the 
State unless a lake and river protection sticker issued under 
subsection 3 is affixed to both sides of the bow above the water 
line and approximately 3 inches behind the validation sticker 
required under section 13056. 
2. 
Violation. 
A person who places or operates a motorboat 
or personal watercraft upon the inland waters of the State 
without 
displaying 
a 
lake 
and 
river 
protection sticker 
as 
required by subsection 1 commits a civil violation for which a 
~e~~eiEQ~e fine of not less than $100 and not more than $250 per 
violation may be adjudgedT-eHee~~-~~-~~it~-~-~~-a-vielaEieB 
e~-~~~-sQBseeEieB-~-BeE-~-issQea-~~-a-~~-wae-~~-alse 
issQea-~-~it~-~~~-Eae-~~~~~-~~-a-¥~~~~~~-~&y-eEae~ 
COMMITTEE AMENDMENT 
.,f!e-
~ 
COMMITTEE AMENDMENT "A" to S. P. 656, L . D . 172 3 
~rev~s~eB--e~--th~s--eha~ter--te~Q~atiB~--watereta~tT--ether--thaB 
seeti-G-:a-,l-dQ+~. 
A 
~et~eitQte fine imposed under this subsection 
may not be waives suspended by the court. 
Sec. 2. 12 MRSA §13058, sub-§2-A is enacted to read: 
2-A. 
Class E crime. 
A person who violates subsection 1 
after baving been adjudicated of having committed 3 or more civil 
violations under· this Part within the previous 5-year period 
commits a Class E crime. 
Sec. 3. 12 MRSA §13068, sub-§15, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the 
following enacted in its place: 
15. 
Violation of surface use restriction order. 
A person 
may 
not 
operate. 
launch 
or 
remove 
a 
watercraft 
at 
a 
restricted-access site or refuse inspection of a watercraft in 
violation of an order issued under Title 38, section 1864. 
A. 
A person who violates this subsection commits a civil 
violation for which a fine of not less than $500 and not 
more than $5,000 per violation may be adjudged. 
A fine 
imposed under this subsection may not be suspended by the 
court. 
B. 
A person who violates this subsection after having been 
adjudicated of having committed 3 or more civil violations 
under this Part within the previous 5-year period commits a 
Class E crime. 
Sec. 4. 12 MRSA §13072, sub-§§1 and 2, as enacted by PL 2003, 
c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read: 
1. 
Appointment; compensation. 
The municipal officers of a 
town bordering an inland waterway may appoint a harbor master for 
a term of not less than one year and may establish the harbor 
master's compensation. 
~he Except as provided in subsection 2-A, 
~ 
harbor master is subject to all the duties and liabilities of 
that office as prescribed by state law, municipal ordinances and 
rules promulgated by the municipality. 
The municipal officers 
may remove the harbor master from office for cause, declared in 
writing, after due notice to the harbor master and a hearing, if 
requested. 
The municipal officers may prohibit a harbor master from making 
an arrest or carrying a 
weapon. 
A harbor master who is not 
prohibited from making arrests may arrest and deliver to the law 
enforcement authorities on shore any person committing an assault 
COMMITTEE AMENDMENT 
•• 
~ 
COMMITTEE AMENDMENT 'f\" to S.P. 656, L.D. 1723 
upon the harbor master or another person acting under the harbor 
master's authority. 
2. 
Authority and responsibility. 
A Except as provided in 
subsection 2-A, 
a 
harbor master appointed under this section 
shall 
enforce 
the 
watercraft 
laws 
of 
the 
State 
and 
the 
municipality 
on 
any 
water 
within 
the 
jurisdiction 
of 
the 
municipality. 
Sec. 5. 12 MRS A §13072, sub-§2-A is enacted to read: 
2-A. 
Authority to enforce invasive agyatic species laws. 
A 
municipality may appoint a harbor master whose only duties are to 
enforce 
the 
prov~s~ons of section 
13058 
and 
section 
13068, 
subsections 1 and 15 on any water within the jurisdiction of the 
muni cipali ty • 
Sec. 6. 38 MRSA §419-C, sub-§I, 1I'1I'B and C, as enacted by PL 
1999, c. 722, §2, are amended to read: 
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; eF 
C. After September 1, 2000, sell or offer for sale in this 
State any invasive aquatic plantT~ 
Sec. 7. 38 MRS A §419-C, sub-§I, 1JD is enacted to read: 
D. 
Fail to remove any aquatic plant or parts of any aquatic 
plant, including roots, rhizomes, stems, leaves or seeds, 
from the outside of a vehicle, boat, personal watercraft. 
boat trailer or other equipment on a public road. 
Sec. 8. 38 MRSA § 1864, first 11', as enac ted by PL 2001, c • 434 , 
Pt. A, §7, is amended to read: 
The commissioner and the Commissioner of Inland Fisheries 
and Wildlife may jointly issue an emergency order to restrict 
access to or 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 
a!'lEi-~-~!'lspeet;eEi--and--e;bea!'leEi-~-t;he-~-t-men-t:--1:lpe!'l 
Femeva;b. 
The 
order may 
require 
inspections 
and cleaning of 
watercraft, watercraft trailers and equipment upon removal at 
COMMITTEE AMENDMENT 
., .• 
COMMITTEE AMENDMENT ~, to S.P. 656, L.D. 1723 
sites that have been identified in the order. 
Inspections must 
be conducted by designated state boat inspectors. 
For purposes 
of this section, "designated state boat inspector" means a person 
employed by the State and identified by the department or the 
Department of Inland Fisheries and Wildlife as a person who is 
qualified to properly conduct inspection activities.' 
SUMMARY 
The amendment replaces the bill and does the following. 
1. 
It changes the title of the bill. 
2. 
It provides that a person may not place a watercraft on 
inland waters without a lake and river protection sticker. 
3. 
It 
watercraft 
violation. 
adds the provision that a person 
on inland waters without a sticker 
who operates a 
commits a civil 
4. 
It removes the restriction that only warnings can be 
issued for sticker violations when there are other boating law 
violations. 
5. 
It provides that a person commits a Class E crime if 
that person places or operates a watercraft on inland waters 
without a sticker after committing 3 or more violations of inland 
fisheries and wildlife laws within the last 5 years. 
6. 
It provides that if a 
person operates, 
launches or 
removes 
a watercraft at a 
restricted access site or refuses 
inspection 
of 
a 
watercraft 
in violation of 
a 
surface 
use 
restriction order, that person commits a civil violation. 
If 
that 
person 
has 
committed 
or 
more 
violations 
of 
Inland 
Fisheries and Wildlife laws within 5 years, that person commits a 
Class E crime. 
7. 
It allows a municipality to appoint a harbor master only 
to enforce the invasive species laws. 
8. 
It requires a person to remove aquatic plants or parts 
of plants from a vehicle, watercraft or trailer. 
9. 
It allows the Commissioner of Environmental Protection 
and the Commissioner of Inland Fisheries and Wildlife to restrict 
access to an infested water body by issuing an emergency order. 
It also allows the commissioners to require inspections 
and 
cleaning of watercraft and trailers at sites identified in the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT A .. to S.P. 656, L.D. 1723 
order. 
Designated 
state 
boat 
inspectors 
must 
conduct 
the 
inspections. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/15/04 ~ae 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1723 
An Act To Establish a Monitoring Program of Maine Lakes Identified as 
Having Invasive Aquatic Species 
LR2359(02) 
Fiscal Note for Bill as Amended by Committee Amendment "A 
Committee: Natural Resources 
" 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
Establishes new civil violations 
Establishes new Class E crimes 
Fiscal Detail and Notes 
Costs associated with restricting access to an infested water body and requiring inspections and cleaning of watercraft 
and trailers can be absorbed by the Department of Environmental Protection and the Department of Inland Fisheries 
and Wildlife utilizing existing budgeted resources. 
LR2359(2) - Fiscal Note - Page 1 of 1