SENATE DOCKET, NO. 2526 FILED ON: 4/13/2010
SENATE . . . . . . . . . . . . . . No. 2374
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The Commonwealth of Massachusetts
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In the Year Two Thousand Ten
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An Act protecting lakes and ponds.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 37B of Chapter 21 of the General Laws, as appearing in the 2008 official edition, is hereby amended by striking the second paragraph and inserting in place thereof the following:--
For the purposes of this aquatic nuisance control program, the term “aquatic nuisance” shall mean undesirable or excessive substances or populations that interfere with the recreational and ecological potential of a body of water or associated natural resources, and shall include, but not be limited to, rooted aquatic vegetation and algae populations, dreissena mussels, spiny water flea or other invasive species declared to be an aquatic nuisance by the commissioner of the department of conservation and recreation, all of which are hereby declared to be aquatic nuisances for the purposes of this chapter.
Except as otherwise authorized by the department, no person shall place or cause to be placed in or upon inland waters of the commonwealth a vessel, as defined in chapter 90B, section 1, or a boat trailer that that contains an aquatic nuisance, unless properly decontaminated in accordance with the department’s requirements.
The department may make rules and regulations, in consultation with the department of fish and game, governing the establishment of the aquatic nuisance control program and for the purpose of suppressing, eradicating, controlling or otherwise mitigating or reducing the risk of the spread of aquatic nuisances. Nothing in this paragraph shall be construed to or have the effect of limiting the authority of the division of fisheries and wildlife to manage and regulate inland fisheries resources and other wildlife pursuant to chapter 131 or chapter 131A.
The department may make contracts on behalf of the commonwealth; shall study and promote improved methods of suppressing, controlling or otherwise mitigating or reducing the risk of the spread of such aquatic nuisances; may act in co-operation with any state agency, any person, any subdivision of the commonwealth, any other state, the United States, or any foreign government, and without limiting the generality of the foregoing, shall act in co-operation with federal and state agencies engaged in the study or control of said aquatic nuisances; may conduct investigations and gather and distribute information concerning such public nuisances; may issue orders or establish quarantines to suppress and/or eradicate such aquatic nuisances; and may advise, make use of and require the use of all lawful means of suppressing, controlling or otherwise mitigating or reducing the risk of the spread of such aquatic nuisances.
Whoever resists or obstructs the department, or employee or agent duly authorized by the commissioner or his designee, while any of those persons are engaged in suppressing or eradicating any aquatic nuisance as defined in the second paragraph of this section, or whoever knowingly violates any rule, regulation, order or quarantine issued by the commissioner, in writing, relative to the suppression or eradication of aquatic nuisances shall be subject to either (a) a civil penalty of not more than $10,000 for each violation; or (b) the fines and sanctions set forth in section 5D of chapter 90B. Each day that such violation occurs or continues shall be deemed a separate violation. The penalty may be assessed by the department, and may be recovered in an action brought on behalf of the commonwealth in the superior court. The commonwealth also may bring an action for injunctive relief in the superior court for any such violation, and the superior court shall have jurisdiction to enjoin such violation and to grant such further relief as it may deem appropriate.
No owner or occupant of an estate infested or infected by any of the aforesaid aquatic nuisances shall by reason thereof be civilly or criminally liable except to the extent and in the manner and form set forth in this section.
SECTION 2. Chapter 90B of the General Laws, as so appearing, is hereby amended by inserting the following section:--
Section 5D. Notwithstanding section 14, whoever violates section 37B of chapter 21 shall be punished by a fine of not less than one hundred dollars nor more than three hundred dollars, or by imprisonment in a jail or house of correction for not more than thirty days or both. Whoever violates this section on or after a conviction or plea for a first offense shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars, or by imprisonment in a jail or house of correction for not more than sixty days or both. For each and every offense on and after a conviction or plea for a second offense, whoever violates this section shall be punished by a fine of not less than five thousand dollars and imprisonment in a jail or house of correction for not less than thirty nor more than ninety days. On or after a conviction or plea for a first offense, the director of the office of law enforcement may also proceed against the certificate of number of any vessel involved in a subsequent violation of this section in accordance with section 11(m).
SECTION 3. Section 10H of chapter 21A, as so appearing, is hereby amended by inserting after the third paragraph the following paragraph:--
A person notified to appear before the clerk of the district court as provided in section 10G for a violation of the first sentence of section 5D of chapter 90B may so appear within the time specified and pay a fine of $100. A person notified to appear before the clerk of the district court as provided in section 10G for a violation of the second sentence of section 5D of chapter 90B may so appear within the time specified and pay a fine of $500.