Maine 2023-2024 Regular Session

Maine House Bill LD92 Latest Draft

Bill / Chaptered Version

                            Page 1 - 131LR0550(03)
STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-THREE
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H.P. 60 - L.D. 92
An Act to Minimize the Propagation of Invasive Aquatic Plants
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the boating season begins in the State prior to the statutory adjournment 
date; and
Whereas, this Act is necessary to protect Maine's water bodies from invasive aquatic 
plants; 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.  38 MRSA §419-C, sub-§1, ¶D, as enacted by PL 2003, c. 627, §7, is 
amended to read:
D.  Fail to remove any aquatic plant or parts of any aquatic plant, including roots, 
rhizomes, stems, leaves or seeds, from the outside of a vehicle, boat, personal 
watercraft, boat trailer or other equipment on a public road.; or
Sec. 2.  38 MRSA §419-C, sub-§1, ¶E is enacted to read:
E.  Drain or release water held on or within a watercraft, allowing that water to enter 
any inland water body of the State.  This restriction applies solely to water transported 
from a different water source.  For the purposes of this paragraph, "watercraft" has the 
same meaning as in Title 12, section 13001, subsection 28.
Sec. 3.  38 MRSA §419-C, sub-§1-A is enacted to read:
1-A. Draining of watercraft and equipment. 
removing a watercraft from an inland water body and prior to transport away from the 
launch site, a person:
APPROVED
JUNE 16, 2023
BY GOVERNOR
CHAPTER
190
PUBLIC LAW Page 2 - 131LR0550(03)
A.  Shall remove or open any hull drain plugs, bailers, valves, live wells, ballast tanks 
and other devices designed for routine removal or opening and closing to encourage 
water to drain from areas containing water. Containers holding live baitfish for 
personal or commercial use are exempted from requirements in this subsection; and
B.  May not allow drains to be opened in a way that allows water to enter any inland 
water body of the State pursuant to subsection 1, paragraph E.
For the purposes of this subsection, "watercraft" has the same meaning as in Title 12, 
section 13001, subsection 28.
Nothing in this subsection allows a person to directly or indirectly discharge pollutants into 
any inland water body of the State.  This subsection does not apply to emergency response 
watercraft and their related equipment.
Emergency clause.  
takes effect when approved.