An Act To Reestablish the Great Ponds Act
Maine Legislature, Session 121, LD 1675
Committee: Inland Fisheries and Wildlife
Sponsors: DUNLAP, DAMON, JACKSON, MILLETT, MOODY, RICHARDSON, USHER, WATSON, WOTTON
Amends: 12 MRSA §7800-B

Legislative Document 
No. 1675 
H.P.1251 
House of Representatives, December 16,2003 
An Act To Reestablish the Great Ponds Act 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 16,2003. Referred to the Committee on 
Inland Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative DUNLAP of Old Town. 
Cosponsored by Senator DAMON of Hancock and 
1J1~/J7.11!~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: JACKSON of Fort Kent, McKEE of Wayne, MILLETT of Waterford, 
MOODY of Manchester, RICHARDSON of Greenville, USHER of Westbrook, WATSON of 
Bath, WOTTON of Littleton. 
Printed on recycled paper 
Emergency preamble. Whereas. Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, this legislation establishes a process to review 
requests for regulating the use of watercraft on great ponds; and 
Whereas, it is essential to begin this process prior to the 
summer season; 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. 12 MRSA §7800-B is enacted to read: 
§7800-B. 
Recommendations for regulating use, operation and type 
of watercraft for great ponds within organized areas 
of State 
1. 
Reconunendations. 
A municipality, with the approval of 
its 
legislative 
body, 
or 
the 
Maine 
Land 
Use 
Regulation 
Commission, referred to in this section as "the commission," mill' 
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. 
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 
commission is also required. 
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; 
D. 
Noise levels and the safety of persons and property; and 
E. 
Concerns unique to the affected communities, including, 
but not limited to, access, land use and economic impact. 
Page l-LR2402(1) 
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 having held a public hearing near the 
affected area or in the municipality nearest to the affected area. 
2. 
Submitting 
recoDUllendations 
to 
cODUllissioner. 
When 
submi tting 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 
E. 
A discussion of alternatives considered, whether or not 
those 
alternatives 
were 
incorporated 
into 
the 
final 
recommendations. 
A municipality or the commission 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. 
CODUllissioner evaluation. 
By January 15th of each year, 
the commissioner shall submit to the joint standing committee of 
the Legislature having jurisdiction over 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 l 
" 
which 
means 
that 
the 
recommendation meets all the requirements of this section 
but 
is 
vague 
or 
silent 
on 
key 
elements 
of 
those 
reguirements; or 
C. 
"Not complete," which means that the recommendation does 
not meet all the reguirements of this section. 
Sec. 2. 12 MRS A §13071-A is enacted to read: 
§13071-A. 
Recommendations for regulating use, operation and type 
of watercraft for great ponds within organized areas 
of State 
1. 
Recommendations. 
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. 
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 
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; 
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 having held a public hearing near the 
affected area or in the municipality nearest to the affected area. 
2. 
Submitting 
recommendations 
to 
commissioner. 
When 
submi tting 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 
E. 
A discussion of alternatives considered, whether or not 
those 
alternatives 
were 
incorporated 
into 
the 
final 
recommendations. 
A municipality or the commission 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. 
Commissioner evaluation. 
By January 15th of each year, 
the commissioner shall submit to the joint standing committee of 
the Legislature having jurisdiction over 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, " 
recommendation meets all the 
but 
is 
vague 
or 
silent 
requirements; or 
which 
means 
that 
the 
requirements of this section 
on 
key 
elements 
of 
those 
C. 
"Not complete," which means that the recommendation does 
not meet all the requirements of this section. 
Sec. 3. Effective date. 
That section of this Act that enacts 
the 
Maine 
Revised Statutes, 
Title 12, 
section l307l-A takes 
effect 90 days after adjournment of the Second Regular Session of 
the l21st Legislature. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved except as otherwise 
indicated. 
SUMMARY 
This 
bill 
establishes 
a 
process 
for 
the 
review 
of 
recommendations submitted to the Commissioner of Inland Fisheries 
and Wildlife by a municipality or the Maine Land Use Regulation 
Commission to restrict the use of watercraft on great ponds 
within the jurisdiction of that municipality or the commission.