CHAPTER 227
HB 1589-FN - FINAL VERSION
9Mar2016... 0488h
04/28/2016 1505s
19May2016... 2006EBA
2016 SESSION
\t16-2452
\t08/05
HOUSE BILL\t1589-FN
AN ACT\tprohibiting the transport of aquatic plants and aquatic weeds.
SPONSORS:\tRep. Gottling, Sull. 2; Rep. Suzanne Smith, Graf. 8; Rep. Spang, Straf. 6; Rep. Mullen, Straf. 1; Rep. Ebel, Merr. 5; Sen. Bradley, Dist 3; Sen. Fuller Clark, Dist 21
COMMITTEE:\tResources, Recreation and Development
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AMENDED ANALYSIS
\tThis bill prohibits the transport of aquatic plants and exotic aquatic weeds.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
9Mar2016... 0488h
04/28/2016 1505s
19May2016... 2006EBA
\t16-2452\t08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tprohibiting the transport of aquatic plants and aquatic weeds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t227:1 Purpose; Clean Lakes Program. Amend RSA 487:15 to read as follows:
\t487:15 Purpose. The general court recognizes that rapidly escalating pressures of shorefront development and recreational uses of public waters have placed increasing strains upon the state's lake resources, thereby accelerating the eutrophication process in many of our public lakes through nuisance growths of aquatic macrophytes (aquatic plants) [macrophyton] and phytoplankton (algae) and thus posing a threat to water quality. The general court further recognizes that transporting boats from one water body to another increases the risk of inadvertent transport of aquatic nuisance species, some of which are invisible to the unaided eye. This risk can be reduced by inspecting and draining all boats and water-related equipment upon leaving state waters. The general court further recognizes the need to restore, preserve and maintain the state's lakes and ponds in order that these significant environmental, aesthetic and recreational assets will continue to benefit the social and economic well-being of the state's citizens.
\t227:2 New Paragraph; New Definition; Aquatic Plants. Amend RSA 487:16 by inserting after paragraph IV the following new paragraph:
\t\tV. "Aquatic plants" means plants that are adapted to live in freshwater aquatic environments, also referred to as aquatic macrophytes.
\t227:3 Exotic Aquatic Weed Penalties. Amend RSA 487:16-b to read as follows:
\t487:16-b Exotic Aquatic Weed Penalties. It shall be unlawful to [knowingly, recklessly, or purposely] offer for sale, distribute, sell, import, purchase, propagate, negligently transport, or introduce exotic aquatic weeds into New Hampshire waterbodies. Notwithstanding RSA 487:7, any person engaging in such an activity shall be guilty of a violation.
\t227:4 New Sections; Aquatic Plants or Exotic Aquatic Weeds; Requirements for Draining Water Conveyances. Amend RSA 487 by inserting after section 16-b the following new sections:
\t487:16-c Transport of Aquatic Plants or Exotic Aquatic Weeds On Outside of Boats, Vehicles, and Equipment. No person shall negligently transport any aquatic plants or plant parts or exotic aquatic weed or weed parts to or from any New Hampshire waters on the outside of a vehicle, boat, ski craft as defined in RSA 270:73, trailer, or other equipment.
\t487:16-d Draining of Water Conveyances.
\t\tI. When leaving waters of the state, a person shall drain his or her boat and other water-related equipment that holds water, including live wells and bilges.
\t\tII. Drain plugs, bailers, valves, or other devices used to control the draining of water from ballast tanks, bilges, and live wells shall be removed or opened while transporting boats and other water-related equipment, if the vessel is so equipped.
\t\tIII. Commercial enterprises transporting boats for off-site storage, maintenance, or repairs, and emergency response vehicles and their related equipment are exempted from paragraphs I and II, however all such exempt commercial enterprises shall drain all water-related equipment holding water and live wells and bilges prior to transporting the equipment to another water body.
\t487:16-e Penalties. Notwithstanding RSA 487:7, any person who violates RSA 487:16-c through 487:16-d shall be guilty of a violation punishable by a fine of $50 for a first offense, $100 for a second offense, and $250 for any subsequent offense. The authority to enforce these sections shall extend to all peace officers in the state of New Hampshire.
\t227:5 Enforcement Powers Conferred. Amend RSA 270:12-a, I(e)-(f) to read as follows:
\t\t\t(e) Any crime or offense, excluding a violation of title XVIII or a violation of title XXI not involving a boat or watercraft, that occurs on an island or on the mainland contiguous to inland or coastal bodies of water in the absence of any law enforcement agency with jurisdiction immediately available when immediate action is required; [and]
\t\t\t(f) Any crime or offense when requested to render assistance to another peace officer having jurisdiction in the area[.]; and
\t\t\t(g) The provisions of RSA 487:16-c and RSA 487:16-d, relative to the transport of aquatic plants or plant parts or exotic aquatic weeds or weed parts on the outside of boats, vehicles, and equipment, and the draining of water conveyances.
\t227:6 Effective Date. This act shall take effect January 1, 2017.
Approved: June 9, 2016
Effective Date: January 1, 2017