An Act To Decrease the Risk of the Spread of Invasive Aquatic Plants
Maine Legislature, Session 129, LD 0879
Committee: Inland Fisheries and Wildlife
Sponsors: TUCKER, GRATWICK, BABBIDGE, DODGE, DOORE, DOUDERA, HEPLER, MATLACK, NADEAU, O'NEIL
Amends: 12 MRSA §12505-A, 12 MRSA §12708

Legislative Document
No. 879
H.P. 653
House of Representatives, February 19, 2019
An Act To Decrease the Risk of the Spread of Invasive Aquatic 
Plants
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative TUCKER of Brunswick.
Cosponsored by Senator GRATWICK of Penobscot and
Representatives: BABBIDGE of Kennebunk, DODGE of Belfast, DOORE of Augusta, 
DOUDERA of Camden, HEPLER of Woolwich, MATLACK of St. George, NADEAU of 
Winslow, O'NEIL of Saco.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §12505-A is enacted to read:
§12505-A.  Invasive aquatic plant risk assessment
1.  Development of risk assessment tool.  The commissioner, in consultation with 
the Department of Environmental Protection, shall develop a risk assessment tool to 
evaluate the economic and environmental risks associated with the spread of invasive 
aquatic plants when making decisions regarding public access to public waters, including 
the issuance of permits for fishing derbies and bass tournaments.  For purposes of this 
section, "invasive aquatic plant" has the same meaning as in section 13001, subsection 
14.
2.  Evaluating risks before issuing permits.  Before issuing a permit pursuant to 
section 12504, 12504-A or 12505, the commissioner shall conduct a risk assessment 
using the tool developed in accordance with subsection 1 if the fishing derby or bass 
tournament is proposed on public waters with documented invasive aquatic plants.
Sec. 2.  12 MRSA §12708, sub-§2, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
2.  The Public Boat Launch Access Program.  The Public Boat Launch Access 
Program, referred to in this subsection as the "program," is established in the department.  
The purpose of the program is to provide anglers, boaters and other persons fair and 
equitable public access to public waters that offer recreational fishing opportunities by 
acquiring lands adjacent to those waters and providing appropriate opportunities to access 
those waters.  The commissioner may establish program priorities based on fishery 
management or other resource management objectives and may use for these purposes 
any funds received through federal programs intended to aid in the restoration of sport 
fishing and other revenues available for providing access to public waters.  The 
commissioner shall apply the risk assessment tool, developed in accordance with section 
12505-A, subsection 1, to evaluate the economic and environmental risks associated with 
the spread of invasive aquatic plants when determining whether to permit public access to  
public waters with documented invasive aquatic plants.  For purposes of this subsection, 
"invasive aquatic plant" has the same meaning as in section 13001, subsection 14.
SUMMARY
This bill requires the Commissioner of Inland Fisheries and Wildlife, in consultation 
with the Department of Environmental Protection, to develop a risk assessment tool to 
evaluate the economic and environmental risks associated with public access, including 
the issuance of permits for fishing derbies and tournaments, on public waters with 
documented invasive aquatic plants. It requires the commissioner to utilize the risk 
assessment tool before the issuance of permits for fishing derbies and tournaments and 
when making decisions regarding public access on public waters with documented 
invasive aquatic plants.