An Act To Reduce Milfoil Infestations
Maine Legislature, Session 127, LD 0907
Committee: Inland Fisheries and Wildlife
Sponsors: POWERS
Amends: 12 MRSA §13061, 12 MRSA §13061-A

Legislative Document 
No. 907 
H.P. 626 
House of Representatives, March 12, 2015 
An Act To Reduce Milfoil Infestations 
(EMERGENCY) 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative POWERS of Naples.  (BY REQUEST) 
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 plants threaten the State's lakes, ponds and waterways; and 
Whereas, for every year that an invasive plant is allowed to grow unchecked, the 
invasive plant becomes more pervasive and more difficult to eradicate; and 
Whereas, this legislation needs to take effect before the end of the 90-day period to 
ensure that the measures this legislation proposes to deal with invasive plants can be 
implemented this summer; 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 §13061, sub-§4, ¶C is enacted to read: 
C.  An event authorized under subsection 1 must comply with Title 38 and, if there is 
an invasive plant within the area of the event, the invasive plant may not be disturbed 
and must be properly removed or the event must be relocated to a location approved 
by the commissioner. 
Sec. 2.  12 MRSA §13061-A is enacted to read: 
§13061-A.  Permit for water-ski jump or slalom course 
1.  Permit required.  A person may not install, maintain or operate a water-ski jump 
or slalom course without a permit from the commissioner issued under subsection 2.  For 
purposes of this section, "slalom course" means a series of flags or markers installed on a 
body of water in a wavy or zigzag pattern through which a water-skier skis while being 
pulled behind a motorized watercraft. 
A.  A person who violates this subsection commits a civil violation for which a fine 
of not less than $100 nor more than $500 may be adjudged. 
B.  A person who violates this subsection after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year period 
commits a Class E crime. 
2.  Issuance.  The commissioner may issue a permit to a person permitting the person 
to install, maintain and operate a water-ski jump or slalom course on any of the internal 
waters of this State. 
3.  Application.  The person in charge of a water-ski jump or slalom course shall 
request the permit required under subsection 1 from the commissioner at least 15 days 
prior to the installation of the water-ski jump or slalom course. The request must be in 
writing and include: 
A.  The name, address and telephone number and cellular telephone number, if 
applicable, of the applicant; 
B.  The name of the body of water on which the water-ski jump or slalom course is 
located; 
C.  The municipality in which the body of water is located; 
D.  The brief description of the water-ski jump or slalom course including a map 
depicting the area with the direction north as a reference and a sketch of the course 
that includes its dimensions, jumps, flags or markers, depth of the water, underwater 
obstacles, swim areas, floats and beaches in the area; and 
E.  The dates on which the water-ski jump or slalom course will be installed and on 
which the water-ski jump or slalom course will be removed. 
4.  Criteria.  The commissioner shall apply the following criteria when considering 
an application for a permit under this section: 
A.  Any speed or horsepower restrictions on the body of water; 
B.  The existence of any endangered or threatened species; 
C.  Environmental considerations under Title 38, including the presence of invasive 
plants and species; 
D.  Public safety, including the size of the body of water, boating traffic volume and 
other uses and users in the area of the water-ski jump or slalom course; and 
E.  Compliance under this chapter. 
5.  Jump or course requirements.  The following requirements apply to a permit 
issued under this section. 
A.  The person obtaining the permit under subsection 2 shall provide reasonable 
protection, as prescribed by the commissioner, from water traffic interference and 
hazards and shall take reasonable precautions to safeguard persons, property and 
public safety. 
B.  The water-ski jump or slalom course must comply with Title 38 and, if there is an 
invasive plant within the area of the water-ski jump or slalom course, the invasive 
plant may not be disturbed and must be properly removed or the water-ski jump or 
slalom course must be relocated to a location approved by the commissioner. 
6.  Penalty.  The following penalties apply to violations of subsection 5. 
A.  A person who violates subsection 5 commits a civil violation for which a fine of 
not less than $100 nor more than $500 may be adjudged. 
B.  A person who violates subsection 5 after having been adjudicated as having 
committed 3 or more civil violations under this Part within the previous 5-year period 
commits a Class E crime. 
7.  Rules.  The department may adopt rules to implement this section.  Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill provides that a permit from the Commissioner of Inland Fisheries and 
Wildlife is required to install, maintain or operate a water-ski jump or slalom course on 
the internal waters of the State and requires that if there is an invasive plant within the 
area of a regatta, race, boat exhibition, water-ski exhibition or water-ski jump or slalom 
course, the invasive plant may not be disturbed and must be properly removed or the 
event, jump or course must be relocated.