Act No. 46

(H.15)

Conservation; water resources management; aquatic nuisance species

This act recodifies the existing aquatic nuisance control program of the agency of natural resources (ANR) under one statutory chapter. The act also authorizes ANR to respond rapidly to outbreaks of new aquatic species through the use of a general permit that only the department of fish and wildlife or the department environmental conservation could seek coverage under. The act expands the prohibition on the transport of aquatic nuisance species to include aquatic plants or other aquatic nuisance species identified by the ANR in rule. The act also clarifies ANR's authority to enter land to prevent the introduction and spread of new aquatic nuisance species by requiring the agency to request landowner permission or seek a warrant. Information provided by the department of motor vehicles regarding aquatic nuisance species is required to include information on current aquatic nuisance threats and spread prevention methods. Similarly, the act requires the boating safety course offered by the department of public safety to include an educational component regarding the environmental harm caused by aquatic nuisance species and the spread of such species may be controlled. Educational materials prepared by ANR or the department of tourism and marketing regarding the use of state waters shall include information addressing the environmental harm caused by aquatic nuisance species and how the spread of such species may be controlled. ANR is also required to report to the general assembly in January 2010 with recommended funding mechanisms for aquatic nuisance control in the state. ANR is also required to report to the general assembly in January 2010 regarding the impact and regulation of all invasive species in the state. In addition, the act extends until 2015 the sunset of the mercury advisory commission.

Date Signed by the Governor: May 28, 2009

Effective Date: ANR's reporting requirements, the requirement that ANR and department of tourism and marketing educational materials address aquatic nuisance species, and the extension of the mercury advisory commission sunset take effect July 1, 2009.

The recodifiction of the aquatic nuisance control program, the establishment of the aquatic nuisance rapid response permit, and all other provisions of the act take effect July 1, 2010.