(a)__The potential for boats to come into contact with an invasive plant;

(b)__The probability that plant fragments will be transported from the lake by boats;

(c)__The nature and vulnerability of neighboring lakes;

(d)__The number and nature of other access points on the lake that may determine the effectiveness of a closure;

(e)__Alternative measures that would lessen the potential for export of plant material from the ramp site; and

(f) Obligations of the Department of Inland Fisheries and Wildlife or the Department of Conservation related to construction and operation of the ramp.

D.__The department may recommend in the integrated response plan that the Department of Inland Fisheries and Wildlife or the Department of Conservation provisionally or permanently close or relocate one or more state boat ramps.

(1)__Upon receiving a recommendation from the department for a provisional or permanent closure or relocation, the Department of Inland Fisheries and Wildlife or the Department of Conservation shall notify affected municipalities and local residents of the potential for closure or relocation by publishing written notice of the restriction at least once in the state paper, 2 other papers of general circulation and the paper for the immediate vicinity of the state boat ramp to be closed, if any, and, to the extent practicable, by posting notice at the state boat ramp.__ The Department of Inland Fisheries and Wildlife or the Department of Conservation shall allow at least 30 days after publication of the written notice for public comment and shall hold a public informational meeting in the locality of the lake on which the state boat ramp is located prior to closing or relocating the state boat ramp.__These notice requirements apply in

lieu of otherwise applicable notice requirements in Title 12.

(2)__The Department of Inland Fisheries and Wildlife or the Department of Conservation may provisionally or permanently close, or may relocate, a state boat ramp upon consideration of factors such as:

(a)__The potential for boats to come into contact with an invasive plant;

(b)__The probability that plant fragments will be transported from the lake by boats;

(c)__The nature and vulnerability of neighboring lakes;

(d)__The number and nature of other access points on the lake that may determine the effectiveness of a closure;

(e)__Alternative measures that would lessen the potential for export of plant material from the ramp site;

(f)__Obligations of the Department of Inland Fisheries and Wildlife or the Department of Conservation related to construction and operation of the ramp;

(g)__The degree to which ongoing management efforts could reduce the potential for spread;

(h)__The availability of alternatives for public access both to the specific lake and to alternative lakes in the nearby region;

(i)__The degree of threat posed to regional waters by the infestation, including the potential for regional lakes to support nuisance level populations of invasive species and threats to important habitats or native species populations; and

(j)__The potential for loss of recreational and fishery opportunities with and without the closure.

E.__The department shall recommend actions in the integrated response plan that may be taken by municipalities, operators

of commercial boat launch ramps, lake associations or similar entities in support of the integrated response plan.

Sec. 3. 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 may be adjudged for the 2nd violation and a forfeiture not to exceed $500 may be adjudged for a subsequent violation. Only a warning may be issued for a violation occurring prior to July 1, 2003.__A fine not to exceed $1,500 may be adjudged for a violation occurring on or after July 1, 2003.

Sec. 4. Report. The Land and Water Resources Council shall submit as part of its annual report to the joint standing committee of the Legislature having jurisdiction over natural resources matters an evaluation of the status of aquatic invasive species prevention and control in the State. The evaluation must include any recommended policy or statutory changes. In preparing the evaluation, the Land and Water Resources Council shall establish and consult with an advisory group including staff of the Department of Environmental Protection, the Department of Inland Fisheries and Wildlife, the Department of Conservation and the Department of Agriculture, Food and Rural Resources and other interested persons as appropriate. The joint standing committee of the Legislature having jurisdiction over natural resources matters is authorized to report out a bill concerning invasive aquatic species to the First Regular Session of the 121st Legislature.

Sec. 5. Appropriation. The following funds are appropriated from the General Fund to carry out the purposes of this Act.

2001-02 2002-03

ENVIRONMENTAL PROTECTION,

DEPARTMENT OF

Maine Restoration and Protection Fund

Positions - Legislative Count (1.000) (1.000)

Personal Services $42,146 $43,410

All Other 142,854 142,854

Allocates funds for one additional Biologist I position and operating costs necessary to administer certain aspects of the invasive aquatic species laws.

DEPARTMENT OF ENVIRONMENTAL

PROTECTION ________ ________

TOTAL $185,000 $186,264

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

SUMMARY

This bill makes several changes to the laws governing invasive aquatic plants to take effect immediately.

The bill establishes authority and procedures for closure or relocation of state boat ramps and requires the development of an integrated response plan.

The bill amends the penalty provisions to remove the requirement to show intent, provides that only a warning may be issued prior to July 1, 2003 and changes the forfeiture provisions to provide that a fine not to exceed $1,500 may be adjudged for a violation occurring on or after July 1, 2003.

The bill also requires the Land and Water Resources Council to report annually to the joint standing committee of the Legislature having jurisdiction over natural resource matters on the status of aquatic invasive species prevention and control in the State.

The bill also appropriates funds to further administer the invasive aquatic plant laws.