An Act To Provide for Department of Marine Resources Jurisdiction Over Certain Sections of the State's Endangered Species Program
Maine Legislature, Session 121, LD 1702
Committee: Marine Resources
Sponsors: DAMON
Amends: 12 MRSA §6022, 12 MRSA §12805

Legislative Document 
No. 1702 
S.P.634 
In Senate, December 17, 2003 
An Act To Provide for Department of Marine Resources 
Jurisdiction Over Certain Sections of the State's Endangered 
Species Program 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Received by the Secretary of the Senate on December 16, 2003. Referred to the Committee 
on Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 
401. 
. 
Presented by Senator DAMON of Hancock. 
Printed on recycled paper 
JOY J. O'BRIEN 
Secretary of the Senate 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6022. sub-§16 is enacted to read: 
16. 
Designation 
of 
endangered 
marine 
species. 
The 
following provisions govern the designation of endangered marine 
species. 
A. 
The commissioner shall recommend a marine species be 
listed as endangered or threatened whenever the commissioner 
finds one of the following exists: 
(1) 
The 
present 
or 
threatened 
destruction, 
modification or curtailment of the species' habitat or 
range; 
(2) 
Overutilization of the species 
for 
commercial, 
sporting, scientific, educational or other purposes; 
(3) 
Disease or predation; 
(4) 
Inadequacy of existing regulatory mechanisms; or 
(5) 
Other natural or artificial factors that affect 
the species' continued existence within the State. 
B. 
In 
recommending 
a 
marine 
species 
to 
be 
listed as 
endangered 
or 
threatened 
pursuant 
to 
paragraph 
A, 
the 
commissioner shall: 
(1) 
Make use of the best scientific, commercial and 
other data available; and 
(2) 
Consult, 
as appropriate, with federal agencies, 
other interested state agencies, other states having a 
common interest in the species and interested persons 
and organizations. 
C. 
The Legislature, as sole authority, shall designate a 
marine species as 
a state endangered or state threatened 
species. 
Any marine species designated by the Legislature 
must be included in the list of state endangered or state 
threatened species under section 12803, subsection 3. 
D. 
Prior to recommending an addition, deletion or other 
change to the list of names of endangered and threatened 
marine species included in section 12803, subsection 3, the 
commissioner shall provide for public notice 
and public 
hearings on that proposed recommendation in accordance with 
the provisions of Title 5, chapter 375, subchapter 2. 
.. 
" 
E. 
The Legislature may not amend the list of endangered or 
threatened 
marine 
species 
created 
pursuant 
to 
this 
subsection 
except 
upon 
the 
recommendation 
of 
the 
commissioner. 
Sec. 2. 12 MRSA §12805, as enacted by PL 2003, c. 414, Pt. A, 
§2 and affected by Pt. D, §7, is amended to read: 
§12805. Cooperative aqreements 
The 
commissioner 
may 
enter into agreements 
with federal 
agencies, other states, state agencies, political subdivisions of 
this 
State 
or 
private 
persons 
for 
the 
establishment 
and 
maintenance of programs for the conservation of endangered or 
threatened species and may receive all federal funds allocated 
for obligations to the State pursuant to these agreements. 
Federal funds received for the conservation of endangered 
marine species listed pursuant to section 6022, 
subsection 16 
must be allocated directly to the Department of Marine Resources 
to ensure compliance with any conditions of the listing. 
Sec. 3. 
Temporary authority. 
Notwithstanding 
the 
Maine 
Revised Statutes, 
Title 12, 
section 6022, 
subsection 
and 
section 12803, until 180 days after the adjournment of the Second 
Regular Session of the 121st Legislature the Commissioner of 
Marine Resources may designate a marine species found in the 
State as a state endangered or state threatened species if that 
species is listed as an endangered or threatened species by the 
Uni ted States Secretary of the Interior, pursuant to the United 
States Endangered Species Act of 1973, 
Public Law 
93-205, 
as 
amended. 
SUMMARY 
This bill gives the Commissioner of Marine Resources the 
authority to recommend endangered or threatened marine species to 
the Legislature for designation on the state endangered or state 
threatened species list. 
The bill also gives the commissioner 
designate 
a 
marine 
species 
found 
in 
endangered or state threatened species if 
as 
an endangered or threatened species 
Secretary of the Interior. 
temporary authority to 
the 
State 
as 
a 
state 
that species is listed 
by the United States