An Act to Enhance Protections Regarding Invasive Aquatic Plant and Animal Infestations in Inland Waters of the State

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 104 - L.D. 171
An Act to Enhance Protections Regarding Invasive Aquatic Plant and
Animal Infestations in Inland Waters of the State
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1862, sub-§1, as enacted by PL 2001, c. 434, Pt. A, §7, is
amended to read:
1. Program. The commissioner and the Commissioner of Inland Fisheries and
Wildlife jointly shall implement a program to inspect watercraft, watercraft trailers and
outboard motors at or near the border of the State and at boat launching sites for the
presence of invasive aquatic plants; to monitor inland waters of the State known to be
infested with invasive aquatic plants; and to provide educational materials to the public and
to watercraft owners regarding invasive aquatic plants and surface use restrictions on inland
waters of the State pursuant to section 1864.
Sec. 2. 38 MRSA §1862, sub-§4, as enacted by PL 2001, c. 434, Pt. A, §7, is
amended by amending the first blocked paragraph to read:
The program in 2002 and subsequent years must be at a level of effort determined by the
commissioner and the Commissioner of Inland Fisheries and Wildlife in consultation with
the Interagency Task Force on Invasive Aquatic Plant Plants and Nuisance Species, as
established in section 1871. The program must include a review of watercraft inspection
protocols and surface use restrictions on inland waters of the State known to be infested
with invasive aquatic plants pursuant to section 1864.
Sec. 3. 38 MRSA §1862, sub-§5 is enacted to read:
5. Report. The commissioner and the Commissioner of Inland Fisheries and Wildlife
shall submit a report detailing program activities to the joint standing committee of the
Legislature having jurisdiction over inland fisheries and wildlife matters by January 15th
annually. The committee may report out a bill based on the report to any regular or special
session of the Legislature.
Sec. 4. 38 MRSA §1864, as amended by PL 2003, c. 551, §20 and c. 627, §8, is
further amended to read:
LAW WITHOUT
GOVERNOR'S
SIGNATURE

MAY 25, 2025
CHAPTER
116
PUBLIC LAW
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§1864. Emergency authority to regulate surface use
The commissioner and the Commissioner of Inland Fisheries and Wildlife may jointly
issue an emergency order to restrict access to or restrict or prohibit the use of any watercraft
on all or a portion of a water body that has a confirmed infestation of an invasive aquatic
plant or animal. The order must be for a specific period of time and may be issued only
when the use of watercraft on that water body threatens to worsen or spread the infestation.
The order may require that watercraft on using waters affected by the order be taken out of
or launched on the water only at locations identified in the order. The order may require
inspections and cleaning of watercraft, watercraft trailers and equipment upon removal at
sites that have been identified in the order. Inspections must be conducted by designated
state state-trained boat inspectors. For purposes of this section, "designated state boat
inspector" means a person employed trained by the State and identified by the department
or the Department of Inland Fisheries and Wildlife as a person who is qualified to properly
conduct inspection activities.
Sec. 5. Study of watercraft inspection protocols and surface use restrictions
on inland waters of the State known to be infested with invasive aquatic plants;
review of protocols and restrictions. The Commissioner of Environmental Protection
and the Commissioner of Inland Fisheries and Wildlife jointly shall review watercraft
inspection protocols and surface use restrictions on inland waters of the State known to be
infested with invasive aquatic plants pursuant to the Maine Revised Statutes, Title 38,
section 1862, subsection 1 and make recommendations related to how these protocols and
restrictions could be strengthened. The commissioners jointly shall also evaluate how
information about restrictions is communicated to members of the public. By January 1,
2026, the commissioners shall submit a report, including any suggested legislation, to the
Joint Standing Committee on Inland Fisheries and Wildlife on their findings and
recommendations with respect to watercraft inspection protocols and surface use
restrictions on inland waters of the State known to be infested with invasive aquatic plants
and how information on restrictions is communicated to members of the public. The
committee may report out legislation based on the report to the Second Regular Session of
the 132nd Legislature.