An Act To Protect Native Diadromous Fish during Their Migration
Maine Legislature, Session 123, LD 1528
Committee Amendment CA_A_S252 (Senate)

Majority 
COMMITTEE AMENDMENT ''.4 " to S.P. 551, L.D. 1528, Bill, "An Act To 
Protect Native Diadromous Fish during Their Migration" 
Amend the bill by striking out the title and substituting the following: 
'Resolve, To Require State Agencies with Jurisdiction over Dams To Review 
and Update Plans for the Passage of Native Diadromous Fish' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Sec. 1. Diadromous fish passage over dams on the Kennebec River and 
Sebasticook River. Resolved: That the Department of Inland Fisheries and Wildlife, 
the Department of Marine Resources and the Department of Environmental Protection, 
referred to in this resolve as "the departments," shall conduct a detailed review of their 
efforts to provide eel and other native diadromous fish species both upstream and 
downstream passage over dams on the Kennebec River and the Sebasticook River. The 
review must include but not be limited to current, past and planned activities, an 
evaluation of the effectiveness of those activities with regard to all diadromous fish, 
measures needed to ensure diadromous fish passage on those rivers and the feasibility of 
options to provide that passage; and be it further 
Sec. 2. Reports on impediments to carrying out current plans to provide 
diadromous fish passage on all rivers. Resolved: That the departments shall 
review current plans to provide eel and other diadromous fish passage on all rivers of the 
State, identifY impediments to carrying out those plans and develop options to remove 
those impediments; and be it further 
Sec. 3. Fish kills. Resolved: That the departments shall develop a proposed 
amendment to the water quality classifications and standards in the Maine Revised 
Statutes, Title 38 that includes fish kills within those standards and classifications and 
provides a definition for "fish kill" that identifies the levels or percentages of fish kill that 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT '/4 "to S.P. 551, L.D. 1528 
are acceptable based on the size and kind of dam and the biological requirements of a 
particular species of diadromous fish involved. The departments shall consult with the 
appropriate experts on the proposed amendment and review current state and federal law 
to ensure the amendment, to the maximum extent possible, enhances the State's ability to 
require fish passage at licensed and unlicensed dams; and be it further 
Sec. 4. Board of Environmental Protection timelines. Resolved: That the 
Department of Environmental Protection shall determine the need and feasibility of 
establishing or modifying timelines within which the Board of Environmental Protection 
must respond to a citizen petition brought under the Maine Revised Statutes, Title 38 
related to water quality issues and, if the Board of Environmental Protection accepts a 
petition, a time line within which it must issue a decision on the merits of that petition; 
and be it further 
Sec. 5. Report. Resolved: That the departments shall report their findings and 
recommendations along with implementing legislation jointly to the Joint Standing 
Committee on Marine Resources and the Joint Standing Committee on Natural Resources 
no later than January 30, 2008. The Joint Standing Committee on Marine Resources and 
the Joint Standing Committee on Natural Resources may jointly submit legislation to the 
SUMMARY 
This amendment replaces the bill with a resolve and directs the Department of Inland 
Fisheries and Wildlife, the Department of Marine Resources and the Department of 
Environmental Protection to do the following: 
1. 
Conduct a detailed review of current efforts to provide eel and other native 
diadromous fish species both upstream and downstream passage over dams on the 
Kennebec River and the Sebasticook River; 
2. 
Review current plans and identify impediments to providing eel and other 
diadromous fish upstream and downstream passage on all rivers of the State; 
3. Develop an amendment to the water quality classifications and standards in the 
Maine Revised Statutes, Title 38 that includes fish kills within those standards and 
classifications and provides a definition for "fish kill" and consult with the appropriate 
experts on the proposed amendment and definition to determine if it will allow the State 
to require fish passage at licensed and unlicensed dams; 
4. Determine the need and feasibility of establishing or modifying timelines within 
which the Board of Environmental Protection must respond to a citizen petition and, if 
the Board of Environmental Protection accepts a petition, a time line within which it must 
issue a decision on the merits of that petition; and 
COMMITTEE AMENDMENT 
4\~ 
COMMITTEE AMENDMENT "A " to S.P. 551, L.D. 1528 
5. Report their findings and recommendations along with implementing legislation 
jointly to the Joint Standing Committee on Marine Resources and the Joint Standing 
Committee on Natural Resources no later than January 30, 2008. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 06/04/07 fo?ac 
LD 1528 
LR 1911(02) 
An Act To Protect Native Diadromous Fish during Their Migration 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
The additional costs to the Department ofInland Fisheries and Wildlife, the Department of Marine Resources and the 
Department of Environmental Protection can be absorbed utilizing existing budgeted resources. 
LR19ll(02) - Fiscal Note - Page 1 of 1 
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