An Act To Leverage Expert, State-based Resources for Emergent Intervention and Long-term Comprehensive Resource Protection of Lakes
Maine Legislature, Session 126, LD 1626
Committee: Inland Fisheries and Wildlife
Sponsors: McCLELLAN, GILLWAY, HUBBELL, KINNEY, POULIOT, WILSON
Amends: 12 MRSA §10206, 12 MRSA §13056, 12 MRSA §13058, 38 MRSA §1866

Legislative Document 
No. 1626 
H.P. 1198 
House of Representatives, December 30, 2013 
An Act To Leverage Expert, State-based Resources for Emergent 
Intervention and Long-term Comprehensive Resource Protection of 
Lakes 
(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 23, 2013.  Referred to the Committee on 
Inland Fisheries and Wildlife pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McCLELLAN of Raymond. 
Cosponsored by Representatives: GILLWAY of Searsport, HUBBELL of Bar Harbor, 
KINNEY of Limington, POULIOT of Augusta, WILSON of Augusta. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, invasive aquatic plants such as milfoil are infesting many of Maine's lakes 
and a comprehensive, coordinated and long-term plan is necessary to remove and control 
these infestations; and  
Whereas, to control infestations of invasive aquatic plants, 3 cleanups per year for 3 
years are recommended; and 
Whereas, the milfoil infestation problem is worsening and needs to be addressed 
immediately; and 
Whereas, raising watercraft fees for the next boating season will provide revenue 
needed to address the issue; 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 §10206, sub-§3, ¶C, as amended by PL 2013, c. 368, Pt. 
AAA, §1, is further amended to read: 
C.  All revenues collected under the provisions of this Part relating to watercraft, 
including chapter 935, including fines, fees and other available money deposited with 
the Treasurer of State, must be distributed as undedicated revenue to the General 
Fund and the Department of Marine Resources according to a formula that is jointly 
agreed upon by the Commissioner of Inland Fisheries and Wildlife and the 
Commissioner of Marine Resources biannually that pays to the department the 
administrative costs of the Division of Licensing and Registration.  The Legislature 
shall appropriate to the department in each fiscal year an amount equal to the 
administrative costs incurred by the department in collecting revenue under this 
subsection.  Those costs must be verified by the Department of Marine Resources and 
the Department of Administrative and Financial Services.  The remainder of revenues 
after reduction for administrative costs and after allowing for any necessary year-end 
reconciliation and accounting distribution must be allocated 75% to the department 
and 25% to the Department of Marine Resources and approved by the Department of 
Administrative and Financial Services, Bureau of the Budget. 
The fees outlined in section 13056, subsection 8, paragraphs A and B for watercraft 
operating on inland waters of the State each include a $10 $17 fee from residents and 
a $35 fee from nonresidents for invasive species prevention and control.  This fee is 
disposed of as follows: 
(1)  Sixty percent of the fee must be credited to the Invasive Aquatic Plant and 
Nuisance Species Fund established within the Department of Environmental 
Protection under Title 38, section 1863; and 
(2)  Forty percent of the fee must be credited to the Lake and River Protection 
Fund established within the department under section 10257. 
Sec. 2.  12 MRSA §13056, sub-§8, ¶A, as amended by PL 2009, c. 213, Pt. OO, 
§14, is further amended to read: 
A.  For a watercraft requiring or whose owner requests a certificate of number and 
that is equipped with a motor having a manufacturer's horsepower rating of: 
(1)  Ten horsepower or less, the fee is $25 $32 for residents and $50 for 
nonresidents for operating on inland waters of the State and $15 for operating 
only on tidal waters of the State; 
(2)  Greater than 10, but not more than 50 horsepower, the fee is $30 $37 for 
residents and $55 for nonresidents for operating on inland waters of the State and 
$20 for operating only on tidal waters of the State; and 
(3)  Greater than 50 horsepower but not more than 115 horsepower, the fee is $36 
$43 for residents and $67 for nonresidents for operating on inland waters of the 
State and $26 for operating only on tidal waters of the State. 
Sec. 3.  12 MRSA §13056, sub-§8, ¶B, as amended by PL 2009, c. 213, Pt. OO, 
§15, is further amended to read: 
B.  For a personal watercraft requiring or whose owner requests a certificate of 
number and watercraft equipped with a motor having a manufacturer's horsepower 
rating of 115 horsepower or greater, the fee is $44 $51 for residents and $76 for 
nonresidents for operating on inland waters of the State and $34 for operating only on 
tidal waters of the State. 
Sec. 4.  12 MRSA §13058, sub-§3, as amended by PL 2009, c. 213, Pt. OO, §17, 
is further amended to read: 
3.  Nonresident motorboat and personal watercraft lake and river protection 
sticker and resident and nonresident seaplane lake and river protection sticker; fee.  
No later than January 1st of each year, the commissioner shall provide each agent 
authorized to register watercraft or issue licenses with a sufficient quantity of lake and 
river protection stickers for motorboats and personal watercraft not registered in the State 
and for all seaplanes, whether or not registered in the State, for that boating season.  The 
sticker must be in 2 parts so that one part of the sticker can be affixed to each side of the 
bow of a motorboat or personal watercraft or to each outside edge of a seaplane's 
pontoons.  The fee for a sticker issued under this subsection is $20 $35.  Each agent shall 
retain $1 for each sticker sold by that agent for which a fee is required.  A motorboat, 
personal watercraft or seaplane owned by the Federal Government, a state government or 
a municipality is exempt from the fee established in this subsection. 
Sec. 5.  38 MRSA §1866 is enacted to read: 
§1866.  Program established for invasive aquatic plants for lakes of more than 
10,000 acres 
1.  Eradication and prevention of invasive aquatic plants.  The department shall 
establish programs to eradicate and prevent the migration of invasive aquatic plants in the 
State by: 
A.  Creating and maintaining a program that uses state-based resources and the 
Invasive Aquatic Plant and Nuisance Species Fund under section 1863 to remove 
invasive aquatic plant infestations in lakes of more than 10,000 acres in size.  In 
developing the program, the department shall include provisions for matching grants 
for community-based lake associations to remove invasive aquatic plant infestations 
based on size, location and density of infestation.  For infested lakes over 10,000 
acres, the department shall organize and provide for seasonal summer employment of 
temporary help services or department staff for direct invasive aquatic plant removal; 
B.  Creating and maintaining a program for long-term management of future invasive 
aquatic plant infestations for lakes of more than 10,000 acres in size.  The program 
must use state-based resources and funding to establish necessary interventions and to 
plan for long-term comprehensive resource protection.  In setting priorities for the 
program, the department shall consider with respect to each lake: 
(1)  The quantity and extent of invasive aquatic plant infestations; 
(2)  The number of points of entry to the lake and an estimated volume of boat 
travel, with a focus on lakes that have the potential of easy access to another lake; 
(3)  Whether the lake is easily accessible so that it may serve as an educational 
resource for students in the State; 
(4)  The importance of the lake as a local natural resource to the community; 
(5)  The proximity of the lake to state parks, municipalities and places that attract 
local residents and tourists; 
(6)  Whether the lake provides a public water supply or is in close proximity to a 
public water supply; and 
(7)  The potential for wildlife observation, sports activities and educational 
opportunities; and 
C.  Coordinating forums to facilitate the creation of community-based lake 
associations for all lakes of more than 10,000 acres in size.  The forums must include 
representatives from municipalities, county governments, water districts and local 
businesses and local community invasive aquatic plant infestation mitigation experts 
and local residents to advise development and management of the long-term invasive 
aquatic plant management program under paragraph B. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill increases the fees collected for watercraft operating on inland waters of the 
State by $7 for residents and establishes a $35 fee for nonresidents.  It also directs the 
Department of Environmental Protection to establish a program within the department 
that uses the revenue from the increased fees to work on removing invasive aquatic plants 
that exist in lakes of 10,000 acres or more in area.  The department is also directed to 
establish a long-term management program to prevent future infestation of invasive 
aquatic plants.