2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 2: POLLUTION CONTROL › 38 §419-C. Prevention of the spread of invasive aquatic plants

§419-C. Prevention of the spread of invasive aquatic plants
1.  Prohibition.
A person may not:
A. Transport any aquatic plant or parts of any aquatic plant, including roots, rhizomes, stems, leaves or seeds, on the outside of a vehicle, boat, personal watercraft, boat trailer or other equipment on a public road;   [PL 1999, c. 722, §2 (NEW).]
B. Possess, import, cultivate, transport or distribute any invasive aquatic plant or parts of any invasive aquatic plant, including roots, rhizomes, stems, leaves or seeds, in a manner that could cause the plant to get into any state waters;   [PL 2003, c. 627, §6 (AMD).]
C. After September 1, 2000, sell or offer for sale in this State any invasive aquatic plant or any plant of the species and varieties in the genus Myriophyllum that is indigenous to the State; or   [PL 2023, c. 5, §2 (AMD).]
D. Fail to remove any aquatic plant or parts of any aquatic plant, including roots, rhizomes, stems, leaves or seeds, from the outside of a vehicle, boat, personal watercraft, boat trailer or other equipment on a public road; or   [PL 2023, c. 190, §1 (AMD).]
E. Drain or release water held on or within a watercraft, allowing that water to enter any inland water body of the State. This restriction applies solely to water transported from a different water source. For the purposes of this paragraph, "watercraft" has the same meaning as in Title 12, section 13001, subsection 28.   [PL 2023, c. 190, §2 (NEW).]
[PL 2023, c. 5, §2 (AMD); PL 2023, c. 190, §§1, 2 (AMD).]
1-A.  Draining of watercraft and equipment.
Just prior to launching and when removing a watercraft from an inland water body and prior to transport away from the launch site, a person:
A. Shall remove or open any hull drain plugs, bailers, valves, live wells, ballast tanks and other devices designed for routine removal or opening and closing to encourage water to drain from areas containing water. Containers holding live baitfish for personal or commercial use are exempted from requirements in this subsection; and   [PL 2023, c. 190, §3 (NEW).]
B. May not allow drains to be opened in a way that allows water to enter any inland water body of the State pursuant to subsection 1, paragraph E.   [PL 2023, c. 190, §3 (NEW).]
For the purposes of this subsection, "watercraft" has the same meaning as in Title 12, section 13001, subsection 28.
Nothing in this subsection allows a person to directly or indirectly discharge pollutants into any inland water body of the State. This subsection does not apply to emergency response watercraft and their related equipment.
[PL 2023, c. 190, §3 (NEW).]
2.  Penalty.
A person who violates this section commits a civil violation for which a forfeiture not to exceed $500 may be adjudged for the first violation and a forfeiture not to exceed $2,500 may be adjudged for a subsequent violation.
[PL 2001, c. 434, Pt. A, §6 (AMD).]
SECTION HISTORY
PL 1999, c. 722, §2 (NEW). PL 2001, c. 434, §A6 (AMD). PL 2003, c. 627, §§6,7 (AMD). PL 2023, c. 5, §2 (AMD). PL 2023, c. 190, §§1-3 (AMD).