2023 Maine Revised Statutes › TITLE 38: WATERS AND NAVIGATION › Chapter 3: PROTECTION AND IMPROVEMENT OF WATERS › Subchapter 1: ENVIRONMENTAL PROTECTION BOARD › Article 1-G: LAKES ASSESSMENT AND PROTECTION PROGRAM › 38 §410-N. Aquatic nuisance species control

§410-N. Aquatic nuisance species control
1.  Definitions.
As used in this section and section 419‑C, unless the context otherwise indicates, the following terms have the following meanings.
A. "Aquatic plant" means a plant species that requires a permanently flooded freshwater habitat.   [PL 2011, c. 47, §2 (AMD).]
B. "Invasive aquatic plant" means a species identified by the department as an invasive aquatic plant or one of the following species:
(1) All Myriophyllum species nonindigenous to the State, including but not limited to variable-leaf water-milfoil, Myriophyllum heterophyllum; Eurasian water-milfoil, Myriophyllum spicatum; and parrot feather, Myriophyllum aquaticum;
(4) All Trapa species, including but not limited to water chestnut, Trapa natans;
(5) Hydrilla, Hydrilla verticillata;
(6) All Cabomba species, including but not limited to fanwort, Cabomba caroliniana;
(7) Curly pondweed, Potamogeton crispus;
(8) European naiad, Najas minor;
(9) Brazilian elodea, Egeria densa;
(10) Frogbit, Hydrocharis morsus-ranae;
(11) Yellow floating heart, Nymphoides peltata;
(12) Water soldier, Stratiotes aloides;
(13) Giant salvinia, Salvinia molesta;
(14) Swollen bladderwort, Utricularia inflata; and
(15) Starry stonewort, Nitellopsis obtusa.   [PL 2023, c. 5, §1 (AMD).]
[PL 2023, c. 5, §1 (AMD).]
2.  Education.
The department shall prepare educational materials that inform the public about problems associated with invasive aquatic plants, how to identify invasive aquatic plants, why it is important to prevent the transportation of aquatic plants and the prohibitions relating to aquatic plants contained in section 419‑C. The department shall make the materials available to municipalities, lake associations, water quality monitors, law enforcement agents, businesses that sell aquatic plants in the State and other interested individuals.
A. The department shall provide signs for installation at all state boat launch facilities on fresh waters informing the public about the prohibition of aquatic plant transportation on boats and trailers and may provide these signs, as available funds allow, for installation at other boat launch sites including municipal boat launch facilities, campground boat launch facilities and other commonly used launch sites.   [PL 1999, c. 722, §1 (NEW).]
B. The department shall work with the Department of Transportation and the Maine Turnpike Authority to provide signs and educational materials on all major roads at the State's borders advising incoming boat owners that state law requires all boats and trailers to be free of aquatic plant material.   [PL 1999, c. 722, §1 (NEW).]
[PL 1999, c. 722, §1 (NEW).]
3.  Control.
The department shall investigate and document the occurrence of invasive aquatic plants in state waters and may undertake activities to control invasive aquatic plant populations as follows.
A. The department or a person designated by the department may attempt eradication of an invasive aquatic plant from a water body if determined feasible by the department. If the commissioner determines that eradication activities must be undertaken immediately, a license is not required under section 480‑C for the use of a physical, chemical or biological control material by the department or a person designated by the department if the use of the control material is specifically related to the immediate eradication of invasive aquatic plant populations in the water body. Prior to undertaking an eradication activity and to the extent practical, the department shall notify landowners whose property is adjacent to the area where the activity will be undertaken.   [PL 2001, c. 232, §8 (AMD).]
B. The department may conduct research to test new control methods for the eradication of invasive aquatic plants pursuant to section 362‑A.   [PL 1999, c. 722, §1 (NEW).]
C. The department may study and develop a plan that includes the use of water level drawdown for the eradication of invasive aquatic plants. If determined feasible by the department, the department may implement a plan developed pursuant to this paragraph. The department may seek funding from private sources to support the activities described in this paragraph.   [PL 2003, c. 136, §1 (NEW).]
[PL 2003, c. 136, §1 (AMD).]
SECTION HISTORY
PL 1999, c. 722, §1 (NEW). PL 2001, c. 232, §8 (AMD). PL 2003, c. 136, §1 (AMD). PL 2005, c. 561, §1 (AMD). PL 2011, c. 47, §2 (AMD). PL 2023, c. 5, §1 (AMD).