An Act To Reestablish the Great Ponds Act
Maine Legislature, Session 121, LD 1675
House Amendment HA_A_H876 (House)

SECO ND SPECIAL SESSION 
HOUSE AMENDMENT "fj" to H.P. 1251, L.D. 1675, Bill, "An Act 
To Reestablish the Great Ponds Act" 
Amend the bill by striking out all of the emergency preamble 
(page 1, lines 1 to 15 in L.D.) 
Further amend the bill by striking out all of sections 1 and 
and inserting in their place the following: 
'Sec. 1. 12 MRS A §13071-A is enacted to read: 
§1307l-A. 
Recommendations for regulating use, QPeration and type 
of watercraft for great ponds within organized areas of 
~ 
1. 
Reccmmendations. 
A municipality, with the approval of 
its 
legislative 
body, 
or 
the 
Maine 
Land 
Use 
Regulation 
Commission, referred to in this section as "the commission," may 
submit recommendations to the commissioner for regulating the 
use, operation. type and permissible motor size of watercraft on 
great ponds within the jurisdiction of that municipality or the 
commission. 
Recommendations for regulation submitted under this 
subsection may include limits on horsepower, vessel draft and 
type of watercraft and may apply to limited sections of the 
affected water body. 
For great ponds that border more than one 
municipality, 
recommendations 
may 
be 
submitted 
only 
after 
approval by the legislative bodies of all municipalities in which 
those waters are located. 
For great ponds that border lands 
within the jurisdiction of the commission, the approval of the 
Page l-LR2402(2) 
HOUSE AMENDMENT 
HOUSE AMENDMENT .. A 
.. to H.P. 1251, L.D. 1675 
commission is also reguired. 
In preparing recommendations for 
such waters, the municipality or the commission shall take into 
consideration: 
A. 
The current and traditional uses of the water body; 
B. 
The depth of the water and the amount of water-borne 
traffic: 
C. 
Wildlife 
habitat 
and 
other 
environmental 
values. 
including any demonstration of threat to wildlife habitat 
not addressed by current law, including. but not limited to: 
(1) 
A history of complaints to law enforcement of 
harassment of wildlife or chronic disregard for boating 
law; and 
(2) 
Assessment 
by 
state 
wildlife 
or 
fisheries 
biologists. or both, that resources are at risk from 
intrusive human activities: 
D. 
Noise levels and the safety of persons and property; and 
E. 
Concerns unigue to the affected communities, including. 
but not limited to. access. land use and economic impact. 
These 
recommendations 
may 
be 
submitted 
only after 
a 
public 
hearing and must include 
a 
description of the resources the 
municipality 
or 
municipalities 
will 
use 
to 
enforce 
those 
regulations 
if 
enacted. 
The 
commission 
may 
submit 
recommendations only after haying held a public hearing near the 
affected area or in the municipality nearest to the affected 
area. 
Notice of recommendations must be provided to nonresident 
taxpayers who would be affected by such recommendations, and such 
nonresident taxpayers must be afforded an opportunity to comment 
on those recommendations at a public forum. 
2. 
SubmittiDg 
recol!!IIeDdatioDS 
to 
cOll!l!lissioDer. 
When 
submitting recommendations to the commissioner, the municipality 
or 
the 
commission 
shall. 
at 
a 
minimum. 
submit 
detailed 
information about the following: 
A. 
Consideration of the items enumerated in subsection 1; 
B. 
Plans for local enforcement efforts; 
C. 
Public notice efforts taken by the municipality or the 
commission; 
D. 
The 
process 
used 
to 
make 
recommendations 
and 
the 
decisions by the local governing body; and 
HOUSE AMENDMENT 
HOUSE AMENDMENT ,~" to H.P. 1251, L.D. 1675 
E. 
A discussion of alternatives considered. whether or not 
those 
alternatives 
were 
incorporated 
into 
the 
final 
recommendations. 
A municipality or the comm3ssion must submit its recommendations 
and supporting documentation to the commissioner no later than 
October 31st of each year in order for the recommendations to be 
considered 
by 
the 
Legislature 
during 
the 
following 
regular 
legislative session. 
3. 
Coumissioner evaluation. 
By January 15th of each year. 
the cOmmissioner shall submit to the joint standing committee of 
the Legislature having jurisdiction oyer inland fisheries and 
wildlife matters 
recommendations 
and 
supporting documentation 
submitted under this section during the prior calendar year. 
Before 
submitting 
recommendations 
to 
the 
committee, 
the 
cOmmissioner shall assign each recommendation to one of the 
following categories: 
A. 
"Complete." which means that the recommendation meets 
all the requirements of this section and provides specific 
and 
detailed 
information 
about 
key 
elements 
of 
those 
requirements; 
B. 
"Generally 
complete." 
which 
means 
that 
the 
recommendation meets all the r:equirements of this section 
but 
is 
vague 
or 
silent 
on 
key 
elements 
of 
those 
requirements; or 
C. 
"Not complete," which means that the recommendation does 
not meet all the requirements of this section. 
Sec. 2. Development of informational packet. 
The Department of 
Inland Fisheries and Wildlife and the Office of Policy and Legal 
Analysis shall develop an informational packet for municipalities 
to aid them in implementing the Maine Revised Statutes, Title 12, 
section 13071-A. 
Informational packets developed pursuant to 
this section must be made available to municipalities through the 
Office of the Executive Director of the Legislative Council.' 
Further amend the bill in section 3 in the 3rd and 4th lines 
(page 4, lines 46 and 47 in L.D.) by striking out the following: 
"90 days after adjournment of the Second Regular Session of the 
121st Legislature" and inserting in its place the following: 
'April 1, 2005' 
HOUSE AMENDMENT 
HOUSE AMENDMENT .. &. to H.P. 1251, L.D. 1675 
Further amend the bill by striking out all of the emergency 
clause (page 5, lines 1 to 3 in L.D.) 
SUMMARY 
This amendment makes the following changes to the bill. 
1. 
It requires that nonresident taxpayers have notice of 
recommendations 
for 
regulation 
and 
that 
such 
nonresident 
taxpayers 
be 
afforded 
an 
opportunity 
to 
comment 
on 
those 
recommendations at a public forum. 
2. 
It clarifies that recommendations for regulation include 
limits on horsepower, vessel draft and type of watercraft and may 
apply to limited sections of the affected water body. 
3. 
It authorizes the Maine Land Use Regulation Commission 
to take into consideration, when assessing wildlife habitat and 
environmental values, 
any demonstration of threat to wildlife 
habitat not addressed by current law. 
4. 
It strikes that section of the bill that enacts a 
section of law that will be repealed as a result of Public Law 
2003, chapter 414. 
5. 
It establishes an effective date of April 1, 2005 for 
that section of this legislation that establishes the process for 
review of recommendations regarding the restriction of watercraft 
on great ponds. 
6. 
It directs 
the Department of Inland Fisheries 
and 
Wildlife and the Office of Policy and Legal Analysis to develop 
an 
informational 
packet 
for 
municipalities 
to 
aid 
them 
in 
implementing the process established for regulating watercraft on 
great ponds. 
FISCAL NOTE REQUIRED 
(See attached) 
SPONSORED BY, h~~ 
___ ----. 
(Representati~p) 
TOWN: 
Old Town 
HOUSE AMENDMENT 
Approved: 04/07/04 ,;t;pac::.. 
Office of Fiscal and Program Review 
LD 1675 
An Act To Reestablish the Great Ponds Act 
LR 2402(02) 
Fiscal Note for House Amendment" " 
Sponsor: Rep. Dunlap 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR2402(1) - Fiscal Note - Page 1 of 1