An Act To Provide for Department of Marine Resources Jurisdiction Over Certain Sections of the State's Endangered Species Program LR 2615(02)
Maine Legislature, Session 121, LD 1702
Committee Amendment CA_A_S403 (Senate)
Amends: 12 MRSA §12801, 12 MRSA §12803

COMMITTEE AMENDMENT "A' to S.P. 634, L.D. 1702, Bill, "An 
Act To Provide for Department of Marine Resources Jurisdiction 
Over Certain Sections of the State's Endangered Species Program" 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies: and 
Whereas, cert~in marine resources of the State are in need 
of protection; and 
Whereas, 
the Department of Marine Resources is uniquely 
qualified to ensure the protection of marine species: and 
Whereas, 
the Department of Marine 
Resources needs clear 
authority over 
the State's endangered 
and 
threatened marine 
species to obtain federal funding for the protection of those 
species: 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,' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
Page l-LR26l5(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A, to S.P. 634, L.D. 1702 
'Sec. 1. 12 MRSA c. 631 is enacted to read: 
CHAPTER 631 
ENDANGERED OR THREATENED MARIBE SPECIES 
§6971. 
Commissioner's authority over marine endangered and 
threatened species 
In 
accordance with section 
12801, 
the 
commissioner 
has 
authority as provided in this chapter to carry out the purpose of 
that section with regard to marine species. 
§6972. 
Commissioner's programs 
The 
commissioner 
may 
establish 
such 
programs 
as 
are 
necessary for the protection of marine species listed pursuant to 
this chapter in order to achieve compliance with the United 
States Endangered Species Act of 1973, Public Law 
93-205, 
as 
amended. 
§6973. 
Designation of marine §pecies a§ §tate endangered or 
§tate threatened 
1. 
Commissioner'S 
authority. 
The 
commissioner 
may 
recommend a marine species found in the State for designation as 
a state endangered or state threatened marine species if that 
species is listed as an endangered or threatened species by the 
United States Secretary of the Interior, pursuant to the United 
States Endangered Species Act of 1973, Public Law 93-205, 
as 
amended. 
2. 
Modification to li§t. 
The commissioner may recommend 
that a marine species designated as a state endangered or state 
threatened species be removed from the list in section 6975 or 
recommend other changes to that list. 
3. 
Public notice and hearings. 
Prior to recommending an 
addition, 
deletion 
or 
other 
change 
to 
the 
list of 
state 
endangered and state threatened marine specie§ in section 6975, 
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. 
§6974. 
Legi§lative authority 
The Legislature has sole authority to designate a marine 
species as a state endangered or state threatened species or to 
remove a species or change the designation of a species listed in 
section 6975. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~ 
to S.P. 634, L.D. 1702 
§6975. 
List of state endangered and state threatened marine 
species 
The list of state endangered or state threatened marine 
species by common name, scientific name and status is as follows: 
1. 
Right 
whale. 
Right 
whale, 
Eubalaena 
glacialis, 
endangered; 
2. 
Humpback whale. 
Humpback whale, Megaptera novaeangliae, 
endangered; 
3. 
Finback whale. 
Finback whale, Balaenoptera physalus, 
endangered; 
4. 
Sperm whale. 
Sperm whale, Physeter catodon, endangered; 
5. 
Sei whale. 
Sei whale, Balaenoptera borealis, endangered; 
6. 
Leatherback turtle. 
Leatherback 
turtle, 
Dermochelys 
coriacea, endangered; 
7. 
Atlantic 
ridley 
turtle. 
Atlantic 
ridley 
turtle, 
Lepidochelys kempii, endangered; and 
8. 
Loggerhead turtle. 
Loggerhead turtle, Caretta caretta, 
threatened. 
§6976. 
Cooperative agreements 
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 state endangered 
or state threatened marine species and may receive all federal 
funds allocated for obligations to the State pursuant to these 
agreements. 
Federal funds received for the conservation of state 
endangered or state threatened marine species listed pursuant to 
this chapter must be allocated directly to the department to 
ensure compliance with any conditions of the listing. 
Sec. 2. 12 MRS A §7751, as enacted by PL 1979, c. 420, §1, is 
amended to read: 
§775l. 
Declaration of purpose 
The 
Legislature finds 
that various 
species 
of 
fish or 
wildlife have been and are in danger of being rendered extinct 
within the 
State of 
Maine, 
and 
that 
these 
species 
are 
of 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "~ to S.P. 634, L.D. 1702 
esthetic, ecological, educational, historical, recreational and 
scientific value to the people of the State. The Legislature, 
therefore, 
declares that it is the policy of 
the State to 
conserve, 
by 
according 
such 
protection 
as 
is 
necessary 
to 
maintain and enhance their numbers, 
all species of fish or 
wildlife found in the State, as well as the ecosystems upon which 
they depend. 
This subchapter and chapter 631 are established to carry out 
the purposes of this section. 
Sec. 3. 12 MRS A §7753, sub-§3, as amended by PL 1997, c. 290, 
§l, is further amended to read: 
3. 
Legislative 
authority. 
authority, shall designate a species 
threatened species. 
The list of 
threatened species is as follows: 
The 
Legislature, 
as 
as state endangered or 
state 
endangered or 
Common Name 
Least Tern 
Golden Eagle 
Piping Plover 
Sedge Wren 
Grasshopper 
Sparrow 
Box Turtle 
Black Racer 
Roseate Tern 
Northern Bog 
Lemming 
b9EJEJe~BeaEl 
~\:l~~le 
Blanding's 
Turtle 
Black Tern 
American Pipit 
Peregrine 
Falcon 
Flat-headed 
Mayfly 
Ringed 
Boghaunter 
Clayton's 
Copper 
Edwards' 
Hairstreak 
Hessel's 
Hairstreak 
Scientific Name 
Sterna albifrons 
Aquila chrysaetos 
Charadrius me10dus 
Cistothorus p1atenis 
Ammodramus savannarum 
Terrapene carolina 
Coluber constrictor 
Sterna dougallii 
Synaptomys borealis 
Emydoidea blandingii 
Chlidonias niger 
Anthus rubescens 
Falco peregrinus 
Epeorus frisoni 
Williamsonia lintneri 
Status 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Threatened 
~B~ea~eBeEl 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Lycaena dorcas clay toni Endangered 
Satyrium edwardsii 
Endangered 
Mitoura hesseli 
Endangered 
sole 
state 
state 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~ 
to S.P. 634, L.D. 1702 
Katahdin Arctic 
Spotted Turtle 
Bald Eagle 
Razorbill 
Atlantic Puffin 
Harlequin Duck 
Arctic Tern 
Upland Sandpiper 
Swamp Darter 
Tidewater Mucket 
Yellow 
Lampmussel 
Tomah Mayfly 
Pygmy Snaketail 
Twilight Moth 
Pine Barrens 
Zanclognatha 
Oenis polixenes 
Endangered 
katahdin 
Clemmys guttata 
Threatened 
Haliaeetus 
Threatened 
leucocephalus 
Alca torda 
Threatened 
Fratercula arctica 
Threatened 
Histrionicus 
Threatened 
histrionicus 
Sterna paradisaea 
Threatened 
Bartramia longicauda 
Threatened 
Etheostoma fusiforme 
Threatened 
Leptodea ochracea 
Threatened 
Lampsilis cariosa 
Threatened 
Siphlonisca aerodromia Threatened 
Ophiogomphus howei 
Threatened 
Lycia rachelae 
Threatened 
Zanclognatha martha 
Threatened 
Sec. 4. 12 MRSA §12801, as enacted by PL 2003, c. 414, Pt. A, 
§2 and affected by Pt. D, §7, is amended to read: 
§12801. 
Declaration of purpose 
The 
Legislature 
finds 
that various 
species 
of 
fish or 
wildlife have been and are in danger of being rendered extinct 
within the State of 
Maine, 
and 
that these 
species 
are 
of 
esthetic, ecological, educational, historical, recreational and 
scientific value to the people of the State. The Legislature, 
therefore, 
declares that it is the policy of the State to 
conserve, 
by 
according 
such 
protection 
as 
is 
necessary 
to 
maintain and enhance their numbers, 
all species of fish or 
wildlife found in the State, as well as the ecosystems upon which 
they depend. 
This subchapter and chapter 631 are established to carry out 
the purposes of this section. 
Sec.S. 12 MRSA §12803, sub-§3, as 
Pt. 
A, 
§2 
and affected by Pt. 
D, 
following enacted in its place: 
enacted by PL 2003, c. 414, 
§7, 
is repealed and the 
3. 
Legislative 
authority. 
The 
Legislature, 
as 
sole 
authority, shall designate a species as a state endangered or 
state threatened species. 
The list of state endangered or state 
threatened species by common name, scientific name and status is 
as follows: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ~ 
to S.P. 634, L.D. 1702 
A. 
Least tern, Sterna albifrons. endangered; 
B. 
Golden eagle, Aquila chrysaetos. endangered; 
C. 
Piping plover. Charadrius melodus. endangered; 
D. 
Sedge wren. Cistothorus platenis. endangered; 
E. 
Grasshopper sparrow. Ammodramus savannarum, endangered; 
F. 
Box turtle. Terrapene carolina. endangered; 
G. 
Black racer. Coluber constrictor. endangered; 
H. 
Roseate tern. Sterna dougallii. endangered; 
I. 
Northern bog lemming. Synaptomys borealis. threatened: 
J. 
Blanding's turtle. Emydoidea blandingii. endangered; 
K. 
Black tern. Chlidonias niger, endangered; 
L. 
American pipit. Anthus rubescens. endangered; 
M. 
Peregrine falcon. Falco peregrinus. endangered; 
N. 
Flat-headed mayfly, Epeorus frisoni, endangered: 
O. 
Ringed boghaunter. Williamsonia lintneri, endangered; 
P. 
Clayton's copper, Lycaena dorcas clay toni. endangered; 
o. 
Edwards' hairstreak, Satyrium edwardsii, endangered: 
R. 
Hessel's hairstreak, Mitoura hesseli. endangered: 
S. 
Katahdin arctic, Oenis polixenes katahdin, endangered; 
T. 
Spotted turtle, Clemmys guttata, threatened; 
U. 
Bald eagle, Haliaeetus leucocephalus, threatened: 
v. 
Razorbill, Alca torda, threatened; 
W. 
Atlantic puffin, Fratercula arctica, threatened: 
x. 
Harlequin duck, Histrionicus histrionicus, threatened; 
Y. 
Arctic tern, Sterna paradisaea, threatened; 
COMMITTEE AMENDMENT 
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C-;; 
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COMMITTEE AMENDMENT ~ 
to S.P. 634, L.D. 1702 
Z. 
Upland sandpiper, Bartramia longicauda, threatened; 
AA. SWamP darter, Etheostoma fusiforme, threatened; 
BB. 
Tidewater mucket, Leptodea ochracea, threatened; 
CC. 
Yellow lampmussel, Lampsilis cariosa, threatened; 
DD. 
Tomah mayfly, Siphlonisca aerodromia, threatened; 
EE. 
Pygmy snaketail, Ophiogomphus howei, threatened; 
FF. 
Twilight moth, Lycia rachelae, threatened; and 
GG. 
Pine 
barrens 
zanclognatha, 
Zanclognatha 
martha, 
threatened. 
Sec. 6. Effective date. 
Those sections of this Act that amend 
the Maine Revised Statutes, Title 12, sections 12801 and 12803 
take effect 90 days after the adjournment of the Second Regular 
Session of the 121st Legislature. 
Emergency clause. 
preamble, 
this 
Act 
otherwise provided. ' 
In view of 
takes 
effect 
the emergency cited in 
when 
approved, 
except 
SUMMARY 
the 
as 
This 
amendment is the majority report and 
replaces the 
bill. 
It gives the Commissioner of Marine Resources authority 
over the State's endangered or threatened marine species. 
The 
amendment establishes the state endangered or state threatened 
marine species list, designating as endangered or threatened 8 
marine species that are already federally listed as endangered or 
threatened species. 
Additionally, it gives the Commissioner of 
Marine Resources the authority to recommend to the Legislature 
that a 
marine species be listed if that species is already 
federally listed as an endangered or threatened species. 
The 
amendment provides that the Legislature has sole authority to 
include a marine species in or remove a marine species from the 
list. This amendment also authorizes the Commissioner of Marine 
Resources to establish programs necessary for the protection of 
state-listed endangered or threatened marine species and to enter 
into 
agreements 
with 
other 
governmental 
and 
nongovernmental 
entities for 
such purposes. 
Finally, 
the 
amendment 
adds 
an 
emergency preamble and emergency clause. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/04/04 ~ae 
l2lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1702 
An Act To Provide for Department of Marine Resources Jurisdiction 
Over Certain Sections of the State's Endangered Species Program 
LR 2615(02) 
Fiscal Note for Bill as Amended by Committee Amendment '1\ 
Committee: Marine Resources 
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Fiscal Note Required: Yes 
Majority Report 
Fiscal Note 
Minor cost increase - General Fund 
LR2615(2) - Fiscal Note - Page 1 of 1