Zebra mussel bill becomes law

BOSTON – After years of work State Senator Benjamin B. Downing and State Representative Smitty Pignatelli have gotten their water protection bill signed into law.

Sen. Downing championed this proposal during two consecutive legislative sessions after the discovery of zebra mussels in Laurel Lake in 2009, marking the first time the invasive species was ever detected in Massachusetts’ waters.

The towns of Lee and Lenox have been battling zebra mussels for years as well, including a drawdown of the lake that is ongoing this winter.

The new law seeks to protect the commonwealth’s uncontaminated lakes and ponds by preventing the spread of zebra mussels and other aquatic nuisances, addressing an issue of great importance for boaters, sportsmen and lake groups in The Berkshires and western Massachusetts.

“Getting this new law on the books before the 2013 boating and fishing season was important to me,” said Sen. Downing. “A few summers ago, the discovery of zebra mussels in Laurel Lake caused widespread panic because a plan to deal with their detection was not readily available. This act assists the environmental agencies as they implement a zebra mussel action plan.”

The act is based on the recommendations of the state’s Zebra Mussel Task Force, started by the Executive Office of Energy and Environmental Affairs in 2009 to author a zebra mussel action plan. Invasive species, like zebra mussels, pose a significant threat to lakes, ponds, rivers and reservoirs statewide, creating significant adverse impacts on recreation, ecology, fisheries, aesthetics and property values.

The task force determined, under existing law, state environmental agencies do not possess the necessary enforcement authority to manage the immediate and long-term effects of zebra mussels or the means to manage aquatic nuisances likely to infest Massachusetts’ natural resources in the future.

Sen. Downing’s legislation authorizes the Department of Conservation and Recreation to establish an aquatic nuisance control program to study and promote improved methods of suppressing, controlling or reducing the risk of the spread of aquatic nuisances.

This program will collaborate with other state and federal agencies engaged in the study or control of aquatic nuisances.

The bill makes it clear lake and pond users cannot knowingly or willfully launch a vessel that has been in contaminated waters without first decontaminating it in accordance with state environmental regulations.

Zebra mussels were likely introduced to Laurel Lake by a boat previously launched into the contaminated waters of neighboring states.

The bill also strengthens enforcement measures by allowing the Department of Conservation and Recreation to impose civil penalties for violations of any rules, regulations, orders or quarantines issued by the commissioner.

The Massachusetts Environmental Police are authorized to proceed against the certificate of number of a vessel involved in a violation.

Further, progressive fines for violating aquatic nuisance rules, regulations, orders or quarantines are established.

Posted by Kameron Z. Spaulding on January 31, 2013. Filed under News,State News. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry