An Act To Amend the Laws Governing Aquatic Nuisance Species
Maine Legislature, Session 125, LD 0252
Committee: Environment and Natural Resources
Sponsors: EBERLE, KATZ, BERRY, CLARKE, GRAHAM, KESCHL, LONGSTAFF, NUTTING, PETERSON, WEAVER
Amends: 12 MRSA §13001, 38 MRSA §410-N, 38 MRSA §1871

Legislative Document 
No. 252 
H.P. 205 
House of Representatives, February 1, 2011 
An Act To Amend the Laws Governing Aquatic Nuisance Species 
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative EBERLE of South Portland. 
Cosponsored by Senator KATZ of Kennebec and 
Representatives: BERRY of Bowdoinham, CLARKE of Bath, GRAHAM of North Yarmouth, 
KESCHL of Belgrade, LONGSTAFF of Waterville, Speaker NUTTING of Oakland, 
PETERSON of Rumford, WEAVER of York. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §13001, sub-§6, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
6.  Aquatic plant.  "Aquatic plant" means a vascular plant species that requires a 
permanently flooded freshwater habitat. 
Sec. 2.  38 MRSA §410-N, sub-§1, ¶A, as enacted by PL 1999, c. 722, §1, is 
amended to read: 
A.  "Aquatic plant" means a vascular plant species that requires a permanently 
flooded freshwater habitat. 
Sec. 3.  38 MRSA §1871, sub-§2, as enacted by PL 2001, c. 434, Pt. B, §2, is 
amended to read: 
2.  Terms.  Members appointed by the Governor serve 4-year terms, except that, as 
determined by the Governor, of the initial appointments, 4 must be for 3 years, including 
the public member, and 4 must be for 2 years.  Members serve until their successors are 
appointed.  A vacancy must be filled for the remainder of the unexpired term.  If after 6 
months of a vacancy on the task force in a position listed in subsection 1, paragraph B the 
Governor cannot fill that vacancy, the Governor may appoint a member who does not 
meet the qualifications of subsection 1, paragraph B. 
Sec. 4.  Report.  The Department of Inland Fisheries and Wildlife in consultation 
with the Department of Environmental Protection shall examine issues related to the 
control of invasive aquatic species, including but not limited to the use of felt-soled 
waders and the spread of invasive aquatic species, and report to the Joint Standing 
Committee on Inland Fisheries and Wildlife by January 15, 2012.  The report may 
include any recommendations concerning legislation.  The Joint Standing Committee on 
Inland Fisheries and Wildlife may report out legislation related to the subject of this 
report to the Second Regular Session of the 125th Legislature. 
SUMMARY 
This bill broadens the definition of "aquatic plant" in the laws governing the control 
of aquatic nuisance species.  It also provides that a vacancy of a public position on the 
Interagency Task Force on Invasive Aquatic Plants and Nuisance Species may be filled 
by a person who does not represent a particular constituency if after 6 months of a 
vacancy on the task force the Governor cannot fill that vacancy.  It requires the 
Department of Inland Fisheries and Wildlife, in consultation with the Department of 
Environmental Protection, to report to the Joint Standing Committee on Inland Fisheries 
and Wildlife by January 15, 2012 concerning issues related to the control of invasive 
aquatic species, including but not limited to the use of felt-soled waders and the spread of 
invasive aquatic species.