Revision: Dec. 14, 2015, midnight
\t \t\tHB 1589-FN - AS INTRODUCED
2016 SESSION
\t16-2452
\t08/05
HOUSE BILL\t1589-FN
AN ACT\tprohibiting the transportation of exotic 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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ANALYSIS
\tThis bill prohibits the transport of 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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2452
\t08/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tprohibiting the transportation of exotic aquatic weeds.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 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 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.
\t2 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, 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.
\t3 New Sections; 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 Exotic Aquatic Weeds On Outside of Boats, Vehicles, and Equipment. No person shall transport any exotic aquatic weed or weed parts to or from any New Hampshire waters on the outside of a vehicle, boat, personal watercraft, trailer, or other equipment.
\t487:16-d Draining of Water Conveyances.
\t\tI. When leaving waters of the state, a person shall drain water-related equipment holding water and live wells and bilges by removing the drain plug, if the vessel is so equipped, before transporting the water-related equipment off the water access site or riparian property.
\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 water-related equipment.
\t\tIII. Commercial enterprises transporting boats for off-site storage, maintenance and 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 waterbody.
\t 487:16-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 and $250 for any subsequent offense. The authority to enforce these sections shall extend to all peace officers in the state of New Hampshire.
\t4 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 exotic aquatic weeds on the outside of boats, vehicles, and equipment, and the draining of water conveyances.
\t5 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2452
\t\t\t\t\t\t\t\t\t\t\t12/3/15
HB 1589-FN- FISCAL NOTE
AN ACT\tprohibiting the transportation of exotic aquatic weeds.
FISCAL IMPACT:
The Fish and Game Department and Judicial Branch state this bill, as introduced, may increase state revenues and expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county and local revenues or expenditures.
METHODOLOGY:
The Fish and Game Department states this bill makes it illegal to transport exotic weeds on the outside of any boat or related equipment, makes it illegal to not drain one’s boat and related equipment when leaving a water body, with certain exceptions, and establishes a fine for each violation. The Department states this may result in an indeterminable increase in enforcement costs and fine revenue.
The Judicial Branch states this bill establishes two violation level offenses that may be brought to the district division of the circuit court. While the Branch cannot estimate how many cases may occur, it has estimated the average cost for such a case to be $48 in FY 2017 and $51 in FY 2018. In addition, the Branch states the cost figures for these types of violations are based on studies of judicial and clerical weighted caseload times that are now ten years old and changes have occurred during that time with respect to processing these types of cases.