HP0626
LD 907		 Session - 127th Maine Legislature
 
 LR 1631
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Reduce Milfoil Infestations

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  invasive plants threaten the State's lakes, ponds and waterways; and

Whereas,  for every year that an invasive plant is allowed to grow unchecked, the invasive plant becomes more pervasive and more difficult to eradicate; and

Whereas,  this legislation needs to take effect before the end of the 90-day period to ensure that the measures this legislation proposes to deal with invasive plants can be implemented this summer; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §13061, sub-§4, ¶C  is enacted to read:

C.  An event authorized under subsection 1 must comply with Title 38 and, if there is an invasive plant within the area of the event, the invasive plant may not be disturbed and must be properly removed or the event must be relocated to a location approved by the commissioner.

Sec. 2. 12 MRSA §13061-A  is enacted to read:

§ 13061-A.  Permit for water-ski jump or slalom course

1.  Permit required.   A person may not install, maintain or operate a water-ski jump or slalom course without a permit from the commissioner issued under subsection 2. For purposes of this section, "slalom course" means a series of flags or markers installed on a body of water in a wavy or zigzag pattern through which a water-skier skis while being pulled behind a motorized watercraft.
A.  A person who violates this subsection commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B.  A person who violates this subsection after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
2.  Issuance.   The commissioner may issue a permit to a person permitting the person to install, maintain and operate a water-ski jump or slalom course on any of the internal waters of this State.
3.  Application.   The person in charge of a water-ski jump or slalom course shall request the permit required under subsection 1 from the commissioner at least 15 days prior to the installation of the water-ski jump or slalom course. The request must be in writing and include:
A.  The name, address and telephone number and cellular telephone number, if applicable, of the applicant;
B.  The name of the body of water on which the water-ski jump or slalom course is located;
C.  The municipality in which the body of water is located;
D.  The brief description of the water-ski jump or slalom course including a map depicting the area with the direction north as a reference and a sketch of the course that includes its dimensions, jumps, flags or markers, depth of the water, underwater obstacles, swim areas, floats and beaches in the area; and
E.  The dates on which the water-ski jump or slalom course will be installed and on which the water-ski jump or slalom course will be removed.
4.  Criteria.   The commissioner shall apply the following criteria when considering an application for a permit under this section:
A.  Any speed or horsepower restrictions on the body of water;
B.  The existence of any endangered or threatened species;
C.  Environmental considerations under Title 38, including the presence of invasive plants and species;
D.  Public safety, including the size of the body of water, boating traffic volume and other uses and users in the area of the water-ski jump or slalom course; and
E.  Compliance under this chapter.
5.  Jump or course requirements.   The following requirements apply to a permit issued under this section.
A.  The person obtaining the permit under subsection 2 shall provide reasonable protection, as prescribed by the commissioner, from water traffic interference and hazards and shall take reasonable precautions to safeguard persons, property and public safety.
B.  The water-ski jump or slalom course must comply with Title 38 and, if there is an invasive plant within the area of the water-ski jump or slalom course, the invasive plant may not be disturbed and must be properly removed or the water-ski jump or slalom course must be relocated to a location approved by the commissioner.
6.  Penalty.   The following penalties apply to violations of subsection 5.
A.  A person who violates subsection 5 commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.
B.  A person who violates subsection 5 after having been adjudicated as having committed 3 or more civil violations under this Part within the previous 5-year period commits a Class E crime.
7.  Rules.   The department may adopt rules to implement this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

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

SUMMARY

This bill provides that a permit from the Commissioner of Inland Fisheries and Wildlife is required to install, maintain or operate a water-ski jump or slalom course on the internal waters of the State and requires that if there is an invasive plant within the area of a regatta, race, boat exhibition, water-ski exhibition or water-ski jump or slalom course, the invasive plant may not be disturbed and must be properly removed or the event, jump or course must be relocated.

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