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NO. 42. AN ACT RELATING TO PROVIDING THAT SURFACE WATER RULES ADOPTED BY THE WATER RESOURCES BOARD ARE ENFORCEABLE BY THE TICKET SYSTEM THAT APPLIES TO OTHER VIOLATIONS BY THE OPERATORS OF VESSELS.

(S.16)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1. 10 V.S.A. § 1266 is amended to read:

§ 1266. ZEBRA MUSSEL; EURASIAN *[MILFOIL]* WATERMILFOIL;

WATER CHESTNUT; QUAGGA MUSSEL

(a) No person shall transport zebra mussels *[or]* (Dreissena polymorpha), Eurasian *[milfoil]* watermilfoil (Myriophyllum spicatum), quagga mussels (Dreissena bugensis), or water chestnuts (Trapa natans) to or from any Vermont surface water. This section shall not restrict proper harvesting or other control activities undertaken for the purpose of eliminating or controlling the growth or propagation of zebra mussels *[or]*, Eurasian *[milfoil]* watermilfoil, quagga mussels, or water chestnuts.

(b) The secretary may grant exceptions to persons to allow the transport of zebra mussels, Eurasian watermilfoil, quagga mussels, or water chestnuts for scientific or educational purposes. When granting exceptions, the secretary shall take into consideration both the value of the scientific or educational purpose and the risk to Vermont surface waters posed by the transport and ultimate use of the specimens. A letter from the secretary authorizing the transport must accompany the specimens during transport.

Sec. 2. 10 V.S.A. § 1426 is amended to read:

§ 1426. PENALTY

Any person who violates *[a provision of this chapter or]* a rule promulgated *[thereunder, except for a rule promulgated pursuant to section 1424 (pertaining to the operation of vessels) which]* under this chapter, shall be subject to the civil penalty provision of 23 V.S.A. § 3317(b)*[, shall be fined not more than $100.00 or be imprisoned not more than thirty days, or both]*.

Sec. 3. 23 V.S.A. § 3317(b) is amended to read:

(b) A person who violates section 1266 of Title 10, a rule promulgated under section 1424 of Title 10 or any of the following sections of this title shall be subject to a *[fine]* penalty of not more than $300.00 for each violation:

*[a rule promulgated use, time and vessel size]* *[under section 1424 and motor restrictions]* *[of Title 10 by the]* *[state water resource board]*

§ 3306(e) marine toilet

§ 3312a operation of personal watercraft

Sec. 4. 23 V.S.A. § 3318(c) is amended to read:

(c) The provisions of this subchapter and the rules adopted pursuant to this subchapter shall be enforced by law enforcement officers as defined in section 3302 of this title in accordance with the provisions of 12 V.S.A. chapter 193, and they may also enforce the provisions of 10 V.S.A. § 1266 and the rules adopted pursuant to 10 V.S.A. § 1424. With respect to the provisions of 10 V.S.A. § 1266 and the rules adopted pursuant to 10 V.S.A. § 1424, whenever a penalty for a violation of such a rule is not otherwise established, three district court judges appointed by the court administrator shall establish a schedule, within the limits prescribed by law, of the penalty to be imposed. Any law enforcement officer who issues a complaint shall advise the defendant of the schedule of penalties and show the defendant a copy of the schedule.

Sec. 5. 10 V.S.A. § 903 is amended to read:

§ 903. VERMONT WATER RESOURCES BOARD; CREATION

There is created the Vermont water resources board consisting of five members who shall be appointed *[biennially]* in the month of February by the governor, with the advice and consent of the senate. The members shall be appointed for a term of six years or for the unexpired portion thereof, in such manner that not more than *[two terms]* one term shall expire in the same *[biennium]* calendar year. No person who receives or has during the previous two years received a significant portion of his or her income directly or indirectly from permit holders or applicants for a permit under chapter 47 of this title may be a member of the board.

Sec. 6. TRANSITIONAL PROVISIONS

The terms of persons appointed after the effective date of this act shall be adjusted as necessary to assure that not more than one term shall expire in each calendar year. Board members whose terms have not expired shall not be subject to advice and consent requirements during the remainder of their current terms.

Sec. 7. EFFECTIVE DATE

This act shall take effect upon passage.

Approved: May 25, 1999