Resolve, To Reestablish the Commission To Study the Needs and Opportunities Associated with the Production of Salmonid Sport Fish in Maine (AFfER DEADLINE)
Maine Legislature, Session 121, LD 1358
Committee: Inland Fisheries and Wildlife
Sponsors: BRYANT, CLARK, HATCH, STANLEY, GERZOFSKY, PATRICK, PINGREE

Legislative Document 
No. 1358 
S.P.446 
In Senate, March 13,2003 
Resolve, To Reestablish the Commission To Study the Needs and 
Opportunities Associated with the Production of Salmonid Sport 
Fish in Maine 
(AFfER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
Presented by Senator BRYANT of Oxford. 
Cosponsored by Representative CLARK of Millinocket and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: HATCH of Somerset, STANLEY of Penobscot, Representatives: GERZOFSKY of 
Brunswick, PATRICK of Rumford, PINGREE of North Haven. 
Printed on recycled paper 
Emergency preamble. 
Whereas, Acts 
Legislature 
do 
not 
become 
effective 
adjournment unless enacted as emergencies; 
and 
until 
and 
resolves 
of 
the 
days 
after 
Whereas, the 119th 
Legislature 
originally established the 
Commission to Study the Needs and Opportunities Associated with 
the Production of Salmonid Sport Fish in Maine in Resolve 1999, 
chapter 82 and the 120th Legislature reestablished it in Public 
Law 2001, chapter 462; and 
Whereas, authorization of this commission for an additional 
2-year 
period is essential 
to 
complete 
the 
original 
duties 
assigned to the commission and to provide ongoing legislative 
policy guidance on the expenditures of those funds appropriated 
for engineering design for the Embden Hatchery and a statewide 
assessment of all other hatchery facilities; and 
Whereas, 
the 
study must 
be 
initiated before 
the 
90-day 
period expires in order that the study may be completed and a 
report submitted in time for submission to the next legislative 
session; and 
Whereas, in the judgment of the Legislature, 
these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety; now, therefore, be it 
Sec. 1. Commission established. Resolved: 
That the Commission 
to 
Study 
the 
Needs 
and 
Opportunities 
Associated 
with 
the 
Production of Salmonid Sport Fish in Maine, referred to in this 
resolve as "the commission," is established; and be it further 
Sec. 2. Commission membership; appointed ad hoc and ex officio 
members. Resolved: 
That the commission consists of appointed 
members as follows: 
1. 
All 
members 
appointed pursuant 
to 
Public 
Law 
2001, 
chapter 
462, 
including 
legislative 
members, 
whether 
or 
not 
members of the 121st Legislature, are members of this commission; 
2. 
The President of the Senate shall appoint 2 members of 
the 
Senate 
to 
the 
commission. 
The 
first 
Senator 
appointed 
pursuant 
to 
this 
subsection 
is 
the 
Senate 
chair 
of 
the 
commission. 
When making these appointments, the President of the 
Senate shall give 
prefe~ence to a 
Senate member of the Joint 
Standing Committee on Inland Fisheries and Wildlife and a Senate 
member of the Joint Standing Committee on Natural Resources; and 
Page I-LR1826(1) 
3. 
The Speaker of the House shall appoint a member of the 
House to the commission who is the House chair. 
When making this 
appointment, the Speaker of the House shall give preference to a 
House member of the Joint Standing Committee on Inland Fisheries 
and Wildlife; and be it further 
Sec. 3. Appointments; convening of commission. Resolved: 
That 
all appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments have been completed. 
The chairs shall call and 
convene the first meeting of the commission no later than August 
15, 2003; and be it further 
Sec. 4. Duties. Resolved: 
That the commission shall complete 
all duties prescribed in Resolve 
1999, 
chapter 
and shall 
provide oversight and policy guidance to the Department of Inland 
Fisheries and Wildlife with respect to the expenditure of funds 
appropriated by the l19th Legislature in Public Law 1999, chapter 
731, Part A, section 1 and Part HHHH, section 1, for engineering 
design for the Embden Hatchery and a statewide assessment of all 
other hatchery facilities. 
In addition, the commission shall: 
1. 
Continue to work with the Department of Inland Fisheries 
and Wildlife and the department's consultant to continue the work 
of evaluating the effluent characteristics of fish hatcheries, 
including private fish hatcheries, with the purpose of ensuring 
that the state fish hatcheries will be 
able to 
comply with 
licensed effluent discharge standards and to obtain information 
relevant 
to 
discussions 
of 
discharge 
license 
standards 
for 
unlicensed private fish hatcheries; 
2. 
Set statewide production goals for the number, 
species mix of recreational sport fish over a 15-
to 
planning horizon; 
size and 
20-year 
3. 
Determine how to meet those production goals in the most 
cost-effective 
manner 
by 
evaluating 
all 
production 
options, 
including options for investing in cost-effective upgrades to 
existing state-owned facilities to produce more fish, 
closing 
noneconomic state-owned facilities and building new capacity in 
other locations in the State and purchasing fish from privately 
owned hatcheries; and 
4. 
Within 
studies or other 
tasks outlined in 
existing 
budgeted 
activities as are 
this section; and be 
resources, 
necessary 
it further 
undertake 
to complete 
any 
the 
Sec. 5. Staff assistance. Resolved: 
That, upon 
Legislative Council, 
the Office of Policy and 
shall provide necessary staffing services to the 
be it further 
approval of the 
Legal Analysis 
commission; and 
Sec. 6. 
Compensation. 
Resolved: 
That 
members 
who 
are 
Legislators are entitled to the legislative per diem, as defined 
in 
the 
Maine 
Revised 
Statutes, 
Title 
3, 
section 
2, 
and 
reimbursement 
for 
necessary 
expenses 
incurred 
for 
their 
attendance at authorized meetings of the commission that occur on 
days the Legislature is not in session. 
Other members of the 
commission who are not otherwise compensated by their employers 
or other entities that they represent are entitled to receive 
reimbursement of necessary expenses and, upon a demonstration of 
financial hardship, a per diem equal to the legislative per diem 
for their attendance at authorized meetings. 
The Commissioner of 
Inland Fisheries 
and Wildlife 
shall 
use 
funds 
in 
the 
fish 
hatchery 
maintenance 
fund 
established 
in 
the 
Maine 
Revised 
Statutes, Title 12, section 7671-A to reimburse the Legislature 
for all costs incurred to pay the per diem and expenses of 
members of the commission who are Legislators and members who are 
not otherwise compensated by their employers or other entities 
that they represent and the costs to print the commission report; 
and be it further 
Sec. 7. Report. Resolved: 
That the commission shall submit an 
interim 
report 
to 
the 
Joint 
Standing 
Committee 
on 
Inland 
Fisheries and Wildlife no later than December 1, 2003 and a final 
report to that same committee no later than October 31, 2004; and 
be it further 
Sec. 8. Extension. Resolved: 
That, if the commission requires 
a limited extension of time to complete its study and make its 
final report, it may apply to the Legislative Council, which may 
grant an extension; and be it further 
Sec. 9. Commission budget. Resolved: 
That the chairs of the 
commission, 
with assistance 
from 
the 
commission staff, 
shall 
administer the commission's budget. 
Within 10 days after its 
first meeting, 
the commission shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
commission may 
not incur expenses 
that would result in the 
commission's exceeding its approved budget. 
Upon request from 
the commission, the Executive Director of the Legislative Council 
shall promptly provide the commission chairs and staff with a 
status report on the commission budget, expenditures incurred and 
paid and available funds. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this resolve takes effect when approved. 
SUMMARY 
This resolve reestablishes the Commission to Study the Needs 
and Opportunities Associated with the Production of 
Salmonid 
Sport Fish in Maine.