An Act To Provide for Department of Marine Resources Jurisdiction Over Certain Sections of the State's Endangered Species Program LR2615(03)
Maine Legislature, Session 121, LD 1702
Committee Amendment CA_B_S404 (Senate)
Amends: 12 MRSA §7751, 12 MRSA §7753, 12 MRSA §12801, 12 MRSA §12803

COMMITTEE AMENDMENT '33" 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, certain 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: 
COMMITTEE AMENDMENT 
~ 
~ 
~ 
COMMITTEE AMENDMENT ,~, to S.P. 634, L.D. 1702 
'Sec. 1. 12 MRSA c. 631 is enacted to read: 
CHAPTER 631 
ElIDAl'IGERED OR THREATENED MARINE 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 to bring a state endangered or state threatened marine 
species 
to 
the point 
where it is 
no 
longer 
endangered or 
threatened. 
§6973. 
Designation of marine species as state endangered or 
state threatened 
1. 
Commissioner's 
authority. 
The 
commissioner 
may 
designate 
a 
marine 
species 
found 
in the 
State 
as 
a 
state 
endangered or state threatened marine species if the commissioner 
finds one of the following to exist in relation to that species: 
A. 
The present or threatened destruction, modification or 
curtailment of its habitat or range: 
B. 
Overutilization for commercial, 
sporting, 
scientific, 
educational or other purposes: 
C. 
Disease or predation: 
D. 
Inadeguacy of existing regulatory mechanisms; or 
E. 
Other natural or manmade factors affecting its continued 
existence within the State. 
2. 
Commissioner's duties. In designating a marine species 
as state endangered or state threatened, the commissioner shall: 
A. 
Make use of the best scientific, commercial and other 
data available: 
B. 
Consult, 
as appropriate, with federal agencies, other 
interested state agencies, 
other states having 
a 
common 
interest in the marine species and interested persons and 
organizations; and 
COMMITTEE AMENDMENT 
~ 
~ 
COMMITTEE AMENDMENT "13" to S.P. 634, L.D. 1702 
C. 
Maintain a list of all marine species that have been 
designated as state endangered or state threatened, naming 
each species by both its scientific and COmmon name, if any, 
and specifying over what portion of its range each species 
so designated is endangered or threatened. 
3. Modification to list. 
The commissioner may remove from 
or change the status of a marine species on the list in section 
6974. 
4. 
Public notice and hearings. 
Prior to any addition, 
deletion or other change to the list of state endangered and 
state threatened marine species in section 6974, the commissioner 
shall provide for public notice and public hearings 
on that 
proposed change in accordance with the provisions of Title 5, 
chapter 375, subchapter 2. 
§6974. 
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. 
§6975. 
Cooperative agreements 
The 
commissioner 
may 
enter into 
agreements with federal 
agencies, other states, state agencies, political subdivisions of 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "6" to S.P. 634, L.D. 1702 
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 MRSA §7751, as enacted by PL 1979, c. 420, §l, 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 
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 MRSA §7753, sub-§3, as amended by PL 1997, c. 290, 
§1, is further amended to read: 
3. 
Legislative 
authority. 
authority, shall designate a species 
threatened species. 
The list of 
threatened species is as follows: 
Common Name 
Scientific Name 
Least Tern 
Sterna albifrons 
Golden Eagle 
Aquila chrysaetos 
Piping Plover 
Charadrius melodus 
The 
Legislature, 
as 
as state endangered or 
state endangered or 
Status 
Endangered 
Endangered 
Endangered 
Sedge Wren 
Cistothorus platenis 
Endangered 
Grasshopper 
Sparrow 
Ammodramus savannarum 
Endangered 
Box Turtle 
Terrapene carolina 
Endangered 
Black Racer 
Coluber constrictor 
Endangered 
Roseate Tern 
Sterna dougallii 
Endangered 
Northern Bog 
Lemming 
Synaptomys borealis 
Threatened 
b9';J';JeFReaa 
sole 
state 
state 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '6" to S.P. 634, L.D. 1702 
'±YFl;;j,e 
Blanding's 
Turtle 
Black Tern 
American Pipit 
Peregrine 
Falcon 
Flat-headed 
Mayfly 
Ringed 
Boghaunter 
Clayton's 
Copper 
Edwards' 
Hairstreak 
Hessel's 
Hairstreak 
Katahdin Arctic 
Spotted Turtle 
Bald Eagle 
Razorbill 
Atlantic Puffin 
Harlequin Duck 
Arctic Tern 
Upland Sandpiper 
Swamp Darter 
Tidewater Mucket 
Yellow 
Lampmussel 
Tomah Mayfly 
Pygmy Snake tail 
Twilight Moth 
Pine Barrens 
Zanclognatha 
baFel;l;a-eaFel;l;a 
Emydoidea blandingii 
Chlidonias niger 
Anthus rubescens 
Falco peregrinus 
Epeorus frisoni 
Williamsonia lintneri 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Endangered 
Lycaena dorcas clay toni Endangered 
Satyrium edwardsii 
Mitoura hesseli 
Oenis polixenes 
katahdin 
Clemmys guttata 
Haliaeetus 
leucocephalus 
Alca torda 
Fratercula arctica 
Histrionicus 
histrionicus 
Sterna paradisaea 
Bartramia longicauda 
Etheostoma fusiforme 
Leptodea ochracea 
Lampsilis cariosa 
Siphlonisca aerodromia 
Ophiogomphus howei 
Lycia rachelae 
Zanclognatha martha 
Endangered 
Endangered 
Endangered 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
Threatened 
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. 
Dec1aration 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 
COMM/rrEE AMENDMENT 
;: 
Q:! 
COMMITTEE AMENDMENT .. ~ 
.. to S.P. 634, L.D. 1702 
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. 5. 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: 
A. 
Least tern. Sterna albifrons. endangered; 
B. 
Golden eagle. Aguila chrysaetos. endangered; 
C. 
Piping plover. Charadrius melodus, endangered; 
D. 
Sedge wren. Cistothorus platenis. endangered: 
E. 
Grasshopper sparrow. Aromodramus 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. Ch1idonias 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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT j3" to S.P. 634, L.D. 1702 
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. 
Harleguin duck, Histrionicus histrionicus, threatened; 
Y. 
Arctic tern, Sterna paradisaea, threatened; 
Z. 
Upland sandpiper, Bartramia longicauda, threatened; 
AA. Swamp darter, Etheostoma fusiforme, threatened; 
BB. 
Tidewater mucket, Leptodea ochracea, threatened; 
CC. 
Yellow lampmussel, Lampsilis cariosa, threatened; 
DO. 
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 minority 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 
COMMITTEE AMENDMENT 
~~ 
~ 
COMMITTEE AMENDMENT liB· to S.P. 634, L.D. 1702 
marine species list and adds 8 marine species that are already 
federally listed as endangered or threatened species to that 
list. 
Additionally, 
it 
gives 
the 
Commissioner 
of 
Marine 
Resources the authority to designate a marine species as state 
endangered or state threatened if the Commissioner of Marine 
Resources determines, based on a criteria set out in statute, 
that the marine species needs protection. 
This amendment also 
authorizes 
the Commissioner of Marine Resources 
to establish 
programs necessary for the protection of listed state endangered 
or state 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 REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/04/04 ~ac:.. 
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 
LR2615(03) 
Fiscal Note for Bill as Amended by Committee Amendment ttl 
Committee: Marine Resources 
Jl:} 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Minor cost increase - General Fund 
LR2615(3) - Fiscal Note - Page 1 of 1