1.__Disposition of sticker revenues.__All fees collected by the commissioner from the sale of stickers under this section are paid daily to the Treasurer of State.__Notwithstanding section 7800, the treasurer shall credit funds received under this subsection as follows:

A.__Sixty percent of the revenues are credited to the Invasive Aquatic Plant and Nuisance Species Fund established in the Department of Environmental Protection under Title 38, section 1863; and

B.__Forty percent of the revenues are credited to the Lake and River Protection Fund established in the department under section 7806.

2.__Administrative cost.__The Legislature shall appropriate to the department in each fiscal year an amount equal to the administrative costs incurred by the department in collecting revenue under this section.

§7794-C.__Lake and river protection sticker required

Beginning January 1, 2002, a person may not operate a motorboat or personal watercraft on the inland waters of the State unless a lake and river protection sticker issued under section 7794-B is affixed to both sides of the bow above the water line and approximately 3 inches behind the validation sticker required under section 7794.

Sec. A-4. 12 MRSA §7801, sub-§§37 to 39 are enacted to read:

37.__Failure to display a lake and river protection sticker. Beginning January 1, 2002, a person who places a motorboat or personal watercraft upon the inland waters of the State without displaying a lake and river protection sticker as required by section 7794-C commits a civil violation for which a forfeiture of not less than $100 and not more than $5,000 per violation may be adjudged. A forfeiture imposed under this subsection may not be waived by the court.

38.__Launching a contaminated watercraft.__A person who places a watercraft that is contaminated with an invasive aquatic plant upon the inland waters of the State commits a civil violation for which a forfeiture of not less than $500 and not more than $5,000 per violation may be adjudged. A forfeiture imposed under this subsection may not be waived by the court.

39.__Operating a watercraft in a quarantined area.__A person who operates a watercraft in violation of an order issued under Title 38, section 1864 commits a civil violation for which a forfeiture of not less than $500 and not more than $5,000 per violation may be adjudged. A forfeiture imposed under this subsection may not be waived by the court.

Sec. A-5. 12 MRSA §7806 is enacted to read:

§7806.__Lake and River Protection Fund

The Lake and River Protection Fund, referred to in this section as the "fund," is created within the department as a nonlapsing fund.__The fund must be administered by the commissioner.__The fund is funded from fees collected for lake and river protection stickers issued under section 7794-B and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature.__Money in the fund may be used for enforcing laws pertaining to invasive aquatic plants, inspecting watercraft for invasive aquatic plant materials, educational and informational efforts targeted at invasive aquatic plant prevention, eradication and management activities and the production and distribution of lake and river protection stickers required under section 7794-B.

Sec. A-6. 38 MRSA §419-C, sub-§2, as enacted by PL 1999, c. 722, §2, is amended to read:

2. Penalty. A person who intentionally violates this section commits a civil violation for which a warning may be issued for the first violation, a forfeiture not to exceed $50 $500 may be adjudged for the 2nd first violation and a forfeiture not to exceed $500 $2,500 may be adjudged for a subsequent violation.

Sec. A-7. 38 MRSA c. 20-A is enacted to read:

CHAPTER 20-A

PROGRAM TO PREVENT INFESTATION OF

AND TO CONTROL INVASIVE AQUATIC PLANTS

§1861.__Definitions

As used in this chapter and chapter 20-B, unless the context otherwise indicates, the following terms have the following meanings.

1.__Invasive aquatic plant.__"Invasive aquatic plant" means a species of aquatic plant described in section 410-N.

2.__Nuisance species.__"Nuisance species" means an aquatic or terrestrial nonindigenous species that threatens the diversity or abundance of native species, the ecological stability of infested waters or commercial, agricultural, aquacultural or recreational activity dependent on such waters as identified by the department through rulemaking.

3.__Watercraft.__"Watercraft" has the same meaning as in Title 12, section 7791, subsection 14.

§1862.__Program to prevent infestation of and to control

invasive aquatic plants

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 and to provide educational materials to the public and to watercraft owners regarding invasive aquatic plants.

2.__Other inspection stations allowed.__The program established under this section also may include inspections at boat launching sites on inland waters that are already infested and at boat launching sites on the inland waters that have been identified as most at risk of introduction of invasive aquatic plants.

3.__Informational material to be provided.__The program established under this section must provide for the distribution of informational material on invasive aquatic plants, including a guide to identifying those plants, information on how to prevent the spread of those plants and information on the potential environmental impact and other impacts of infestation.

4.__Program implementation.__During the 2001 boating season, the department and the Department of Inland Fisheries and Wildlife shall spend at least 5,000 person hours inspecting watercraft, watercraft trailers and outboard motors at selected boat launching sites and at no fewer than 10 roadside locations at or near the state border.__In 2001, the program established under this section also must include an extensive educational effort involving a variety of media with the goal of informing the public of the risks posed by invasive aquatic plants, how to inspect watercraft, watercraft trailers and outboard motors for the presence of invasive aquatic plant material and how to properly dispose of that material.__The program also must include other invasive aquatic plant-related inspection or educational

efforts considered appropriate by the commissioner and the Commissioner of Inland Fisheries and Wildlife.

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 and Nuisance Species, as established in section 1871.

§1863.__Invasive Aquatic Plant and Nuisance Species Fund

The Invasive Aquatic Plant and Nuisance Species Fund, referred to in this section as the "fund," is created within the department as a nonlapsing fund.__The fund is administered by the commissioner.__The fund is funded from fees collected for lake and river protection stickers issued under Title 12, section 7794-B and from other funds accepted for those purposes by the commissioner or allocated or appropriated by the Legislature.__ Money in the fund may be used only for costs related to conducting inspections under section 1862, conducting invasive aquatic plant prevention, containment, eradication and management activities and reimbursing agencies as necessary for costs associated with conducting or enforcing the provisions of this chapter and chapter 20-B. The commissioner may also use funds to contract with municipalities or other entities to conduct inspection, prevention or eradication programs to protect the inland waters of the State from invasive aquatic plant and nuisance species.

§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 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.__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 waters affected by the order be taken out of the water only at locations identified in the order and be inspected and cleaned by the department upon removal.

If the infested water body is a public drinking water supply, public notification by the commissioner and the Commissioner of Inland Fisheries and Wildlife is required prior to any response action that proposes the use of a chemical control agent.__Public notification must include, at a minimum, notification of adjoining municipalities, property owners, drinking water suppliers who use that water supply and other affected persons, and must provide adequate time for public

review and comment on the proposed emergency action.__Chemical control agents may not be used on a water body that is a public water supply without the prior written consent of each public water supplier using that water body.

PART B

Sec. B-1. 5 MRSA §12004-D, sub-§6 is enacted to read:

6. Interagency Task Expenses 38 MRSA__1871

Force on Invasive Aquatic Only

Plants and Nuisance

Species

Sec. B-2. 38 MRSA c. 20-B is enacted to read:

CHAPTER 20-B

INVASIVE AQUATIC PLANTS AND NUISANCE

SPECIES CONTROL

§1871.__Interagency Task Force on Invasive Aquatic Plants and

Nuisance Species

The Interagency Task Force on Invasive Aquatic Plants and Nuisance Species, as established by Title 5, section 12004-D, subsection 6 and referred to in this chapter as the "task force," is established to advise the Land and Water Resources Council, established in Title 5, section 3331, on matters pertaining to research, control and eradication of invasive aquatic plants and nuisance species.

1.__Membership.__The task force consists of 17 members as follows:

A.__The following 5 ex officio voting members:

(1)__The commissioner or the commissioner's designee, who serves as the chair of the task force;

(2)__The Commissioner of Inland Fisheries and Wildlife or the commissioner's designee;

(3) The Commissioner of Human Services or the commissioner's designee;

(4)__The Commissioner of Agriculture, Food and Rural Resources or the commissioner's designee; and

(5) The Commissioner of Conservation or the commissioner's designee; and

B.__Twelve members representing the public appointed by the Governor:

(1)__One representative of the State's lake associations;

(2)__One representative of a statewide recreational watercraft owners association;

(3)__One representative of a statewide organization of marina owners;

(4)__One representative of a lakes education program;

(5)__One representative of public drinking water utilities;

(6)__One representative of commercial tree and garden nurseries;

(7)__One representative of home gardeners;

(8)__One representative of municipal government;

(9)__One representative of a statewide sporting association;

(10)__One representative of a statewide outdoor recreational group;

(11)__One person with demonstrated expertise in lake ecology; and

(12)__One public member who has demonstrated experience or interest in the area of threats to fish and wildlife posed by invasive aquatic plants and nuisance species.

2.__Terms.__Members appointed by the Governor serve 4-year terms, except that, as determined by the Governor, of the initial appointments, 4 must be for 3 years, including the public member and 4 must be for 2 years.__Members serve until their successors are appointed.__A vacancy must be filled for the remainder of the unexpired term.

3.__Advisory group of federal agency representatives.__The task force may form an advisory group of federal agency representatives that may include, but is not limited to,

representatives of the United States Department of the Interior, United States Fish and Wildlife Service and National Park Service assigned to Acadia National Park; the United States Department of Agriculture; the United States Forest Service within the United States Department of Agriculture; and the United States Environmental Protection Agency.

4.__Duties.__The task force may make recommendations to the Land and Water Resources Council on:

A.__The importation and transportation of invasive aquatic plants and nuisance species;

B.__Monitoring and educational programs aimed at the control of invasive aquatic plants and nuisance species;

C.__A comprehensive state invasive aquatic plants and nuisance species management plan that meets the requirements of the National Invasive Species Act of 1996, 16 United States Code, Section 4722;

D.__A statewide inventory of invasive aquatic plants and nuisance species;

E.__Methods to improve cooperation of state, provincial, federal and nongovernmental agencies in the area of invasive aquatic plants and nuisance species prevention and control;

F.__Recommendations on the feasibility of implementing lake protection assessment districts that allow residents and owners of land within 250 feet of inland waters to assess themselves to raise funds to assist in the prevention and control of invasive aquatic plants; and

G.__Other recommendations as necessary to control the introduction of invasive aquatic plants and nuisance species in the State.

5.__Staff.__The department shall provide staff support to the task force.

§1872.__Action plan to protect State's inland waters

The task force shall also recommend to the Land and Water Resources Council an action plan to protect the State's inland waters from invasive aquatic plants and nuisance species.__That plan may include, but is not limited to:

1.__Identification of inland waters known to be infested.__ Identification of inland waters of the State that are known to be infested with invasive aquatic plants and nuisance species;

2.__Vulnerability assessment.__Recommendations on conducting a preliminary vulnerability assessment of the State's largest inland waters to identify the largest inland waters in the State most at risk of infestation by invasive aquatic plants and nuisance species.__That assessment may include such factors as the proximity of the inland water body to other infested waters, proximity of major transportation routes, presence of a public watercraft launch, use of the inland water body by transient boaters, the number of lakefront property owners and other factors as the commissioner may determine to be appropriate.__The assessment also must identify the most probable vectors or pathways of introduction of invasive aquatic plants and nuisance species and identify those inspection locations most likely to result in identification and prevention of new introductions;

3.__Lake monitoring program.__Recommendations on a program to monitor inland waters in the State for new introductions of invasive aquatic plants and nuisance species, including recommendations on implementing that program and methods to provide for the periodic inspection of inland waters for new introductions of invasive aquatic plants and nuisance species, particularly in areas close to public watercraft launch facilities;

4.__Response program.__Recommendations on a response program to deal with new introductions of invasive aquatic plants and nuisance species in inland waters in the State; and

5.__Training and public information materials.__ Recommendations on the development and distribution of training materials and public information materials for use by the public, lake monitors and persons authorized to inspect boats for invasive aquatic plants and nuisance species.

PART C

Sec. C-1. Report to committee. The Commissioner of Environmental Protection and the Commissioner of Inland Fisheries and Wildlife jointly shall report to the Joint Standing Committee on Natural Resources and the Joint Standing Committee on Inland Fisheries and Wildlife no later than January 15, 2002 on the invasive aquatic plant education and inspection program, established in the Maine Revised Statutes, Title 38, section 1862, conducted during the 2001 boating season and on plans for that program for the boating seasons of 2002 and subsequent years. The

report must quantify the hours spent by each agency on inspections, the number and type of informational materials produced and distributed and the number, type and location of any enforcement actions taken under the program. The report must also document the actual costs of operating that program in 2001 and the projected cost of operating the program in 2002 and subsequent years.

Sec. C-2. Authority to report out legislation. The Joint Standing Committee on Natural Resources is authorized to report out legislation on invasive aquatic plants and nuisance species to the Second Regular Session of the 120th Legislature.

Sec. C-3. Transfers from the Maine Rainy Day Fund. On July 1, 2001, the State Controller shall transfer the following funds from the Maine Rainy Day Fund established under the Maine Revised Statutes, Title 5, section 1513:

1. Invasive Aquatic Plant and Nuisance Species Fund. Two hundred thirty thousand dollars is transferred from the Maine Rainy Day Fund to the Invasive Aquatic Plant and Nuisance Species Fund established in the Department of Environmental Protection pursuant to Title 38, section 1863; and

2. Lake and River Protection Fund. Three hundred thirty thousand dollars is transferred from the Rainy Day Fund to the Lake and River Protection Fund established in the Department of Inland Fisheries and Wildlife pursuant to Title 12, section 7806.

The Department of Environmental Protection and the Department of Inland Fisheries and Wildlife shall reimburse the Maine Rainy Day Fund in full no later than June 30, 2002 for all funds transferred under this section.

PART D

Sec. D-1. Allocation. The following funds are allocated from Other Special Revenue funds to carry out the purposes of this Act.

2001-02 2002-03

ENVIRONMENTAL PROTECTION,

DEPARTMENT OF

Land and Water Quality

Positions (3.000) (3.000)

Personal Services $91,572 $178,342

All Other 155,000 900,000

Capital Expenditures 17,000

Allocates funds for one additional Biologist I position to start on September 1, 2001, one additional Environmental Specialist III position to start on January 1, 2002, one additional Environmental Specialist III position to start on March 1, 2002 and operating costs necessary to implement an invasive aquatic plants prevention program.

DEPARTMENT OF ENVIRONMENTAL

PROTECTION ________ ________

TOTAL $246,572 $1,095,342

INLAND FISHERIES AND WILDLIFE,

DEPARTMENT OF

Enforcement Operations -

Inland Fisheries and Wildlife

Positions - Legislative Count (6.000)

Personal Services $40,000 $309,828

All Other 15,000 80,000

Capital Expenditures 90,000

________ ________

TOTAL $55,000 $479,828

Allocates funds to cover overtime enforcement costs for Game Wardens in fiscal year 2001-02, for 6 additional Game Warden positions beginning in fiscal year 2002-03 and for operating costs necessary to implement an invasive aquatic plants prevention program.

Licensing Services -

Inland Fisheries and Wildlife

All Other $140,000 $140,000

Allocates funds for the printing and distribution of lake and river protection stickers.

Public Information and Education -

Division of

Positions - Nonlegislative Count (1.534) (1.534)

Personal Services $45,891 $48,186

All Other 30,000 30,000

________ ________

TOTAL $75,891 $78,186

Allocates funds to increase 11 Recreational Safety Coordinator positions from 750 hours per year to 1040 hours per year and for increased operational costs for these positions.

Fisheries and Hatcheries

Operations

Positions - Nonlegislative Count (1.000) (1.000)

Personal Services $48,206 $50,616

All Other 10,000 10,000

________ ________

TOTAL $58,206 $60,616

Allocates funds to increase 2 part-time Biologist I positions to one full-time equivalent Biologist I position and for increased operating costs for these positions.

DEPARTMENT OF INLAND FISHERIES

AND WILDLIFE ________ ________

TOTAL $329,097 $758,630

________ __________

TOTAL ALLOCATIONS $575,669 $1,853,972

Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.

FISCAL NOTE

2001-02 2002-03

APPROPRIATIONS/ALLOCATIONS

Other Funds $575,669 $1,853,972

REVENUES

Other Funds $1,190,000 $2,380,000

The bill authorizes transfers of $580,000 on July 1, 2001 from the Maine Rainy Day Fund to 2 new dedicated funds within the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife to provide initial capitalization. The funds advanced must be returned to the Maine Rainy Day Fund before the close of fiscal year 2001-02. The amount of interest earnings that will be lost to the Maine Rainy Day Fund as a result of the transfer can not be estimated but is not expected to exceed $35,000. The Governor's proposed "current services" budget as amended by Committee Amendment "A" includes changes to the Maine Rainy Day Fund that may affect this bill's impact. This estimate of the fiscal impact may need to be adjusted based on final legislative actions on the "current services" budget.

The establishment of lake and river protection stickers will increase fee collections. The estimated collection of dedicated revenue for the newly established Lake and River Protection Fund within the Department of Inland Fisheries and Wildlife is $476,000 and $952,000 in fiscal years 2001-02 and 2002-03, respectively. In addition, the establishment of lake and river protection stickers will increase dedicated revenue collected by the Department of Environmental Protection. The estimated collection of dedicated revenue for the newly established Invasive Aquatic Plant and Nuisance Species Fund within the department is $714,00 and $1,428,000 in fiscal years 2001-02 and 2002-03, respectively. Approximately 35% of these revenue estimates for both departments are based on the purchase of lake and river protection stickers by the owners of an estimated 60,000 out-of-state boats that are brought into the State each year for use on inland waters. If a significant number of out- of-state boat owners do not comply with the lake and river sticker requirements, then the actual revenues collected by each department may be less than the estimated amounts shown above.

This bill includes Other Special Revenue funds allocations of $329,097 and $758,000 in fiscal years 2001-02 and 2002-03, respectively, for the Department of Inland Fisheries and Wildlife to provide funding to increase 2 part-time positions to the equivalent of one full-time Biologist I position, to increase 11 part-time Recreational Coordinator positions from 750 hours per year to 1040 hours per year, to establish 6 additional Game Warden positions beginning in fiscal year 2002-03 and for operating costs necessary to implement an invasive aquatic plants prevention program.

This bill also includes Other Special Revenue funds allocations of $246,572 and $1,095,342 in fiscal years 2001-02 and 2002-03, respectively, for the Department of Environmental Protection to provide funding for one additional Biologist I position beginning on September 1, 2001, one additional Environmental Specialist III position beginning on January 1, 2002, one additional Environmental Specialist III position beginning on March 1, 2002 and for operating costs necessary to implement an invasive aquatic plants prevention program.

The Department of Agriculture, Food and Rural Resources, the Department of Conservation, the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife will incur some minor additional costs to participate as ex officio members of the Interagency Task Force on Invasive Aquatic Plants and Nuisance Species. These costs can be absorbed within the departments' existing budgeted resources.

The Department of Inland Fisheries and Wildlife and the Department of Environmental Protection will incur some minor additional costs to submit a required report to the Legislature. These costs can be absorbed within the departments' existing budgeted resources.

The additional workload and administrative costs associated with the minimal number of new cases filed in the court system can be absorbed within the budgeted resources of the Judicial Department. The collection of additional fines may increase General Fund revenue by minor amounts.

SUMMARY

This bill is reported by the Joint Standing Committee on Natural Resources pursuant to Joint Order 2001, S.P. 599.

This bill creates a program to address threats posed to the inland waters of the State by invasive aquatic plants and nuisance species. The program is implemented through the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife.

The bill requires those departments to conduct in 2001 a program that includes a substantial public education component combined with at least 5,000 person hours spent inspecting boats, motors and trailers for invasive aquatic plants at selected boat launching facilities and at no fewer than 10 roadside locations at or near the state border. In 2002 and subsequent years, the actual level of inspections will be determined by those departments in consultation with the Interagency Task Force on Invasive Aquatic Plants and Nuisance Species, established in the bill. The allocations in the bill for fiscal year 2002-03, however, anticipate at least 15,000 hours of inspections at boat launching facilities and at no fewer than 20 roadside locations.

In addition to the education and inspection components of the program, the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife are authorized to jointly issue emergency orders to 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. Such orders 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. If the infested water body is a public drinking water supply, public notification and opportunity for comment is required prior to taking any response action that proposes the use of a chemical control agent.

The bill also prohibits the operation of a motorboat or personal watercraft on inland waters after January 1, 2002 unless that motorboat or personal watercraft displays a lake and river protection sticker on both sides of the bow. The fee for the sticker is $15. The sticker will be available statewide through all agents authorized by the Department of Inland Fisheries and Wildlife to register boats or sell hunting and fishing licenses. The agents retain $1 from the sale of each sticker. The remaining revenues from the stickers are divided between new funds in the Department of Inland Fisheries and Wildlife and the Department of Environmental Protection to be used for education, inspection and enforcement efforts related to the control of invasive aquatic plants and nuisance species, either directly or through grants to public or private entities. Forty percent of the revenues from the stickers are allocated to the Department of Inland Fisheries and Wildlife and 60% of the revenues are allocated to the Department of Environmental Protection.

The bill also creates the 17-member Interagency Task Force on Invasive Aquatic Plants and Nuisance Species with the responsibility of advising the Land and Water Resources Council on various actions to control invasive aquatic plants and

nuisance species and to recommend a state plan to address those threats.

The bill transfers from the Maine Rainy Day Fund to the Department of Environmental Protection and Department of Inland Fisheries and Wildlife a sufficient amount of money to fund program costs for the 2001 boating season, but requires that those departments reimburse the Maine Rainy Day Fund in full prior to the end of the 2001-02 fiscal year. Program costs for 2002 subsequent years and are funded entirely from revenues collected from the annual sale of lake and river protection stickers.

The bill also directs the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife to report to the Joint Standing Committee on Natural Resources and the Joint Standing Committee on Inland Fisheries and Wildlife no later than January 15, 2002, on the invasive aquatic plant education and inspection program conducted during the 2001 boating season and on plans for that program for 2002 and subsequent years. The bill authorizes the Joint Standing Committee on Natural Resources to report out legislation on invasive aquatic plants and nuisance species to the Second Regular Session of the 120th Legislature.