An Act To Prohibit Motorized Recreational Gold Prospecting in Certain Atlantic Salmon and Brook Trout Spawning Habitats
Maine Legislature, Session 126, LD 1671
Committee Amendment CA_A_S424 (Senate)
Amends: 38 MRSA §480-B, 38 MRSA §480-Q

COMMITTEE AMENDMENT ".A" to S.P. 646, L.D. 1671, Bill, "An Act To 
Prohibit Motorized Recreational Gold Prospecting in Certain Atlantic Salmon and Brook 
Trout Spawning Habitats" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Prohibit Motorized Recreational Gold Prospecting in Class AA Waters 
and Certain Atlantic Salmon and Brook Trout Habitats' 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, motorized recreational gold prospecting may occur without a permit, 
subject to certain conditions; and 
Whereas, in order to provide additional protection to certain sensitive stream 
segments that provide important habitats to Atlantic salmon and brook trout before the 
next motorized recreational gold prospecting season, which will begin after winter ends, 
this legislation must take effect as soon as possible; 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 enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §480-B, sub-§5-C is enacted to read: 
5-C. 
Motorized recreational gold prospecting. 
"Motorized recreational gold 
prospecting" means the operation of small-scale, motorized equipment for the removal, 
separation, refinement and redeposition of sediments and other substrates occurring 
below the normal high-water mark of a stream for the noncommercial, recreational 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 646, L.D. 1671 
discovery and collecting of gold specimens. "Motorized recreational gold prospecting" 
includes, but is not limited to, the operation of a motorized suction dredge, sluice, pump, 
rocker box or winch, individually or together. 
Sec. 2. 38 MRSA §480-Q, sub-§5-A, ~G, as enacted by PL 2013, c. 260, §I, is 
amended to read: 
G. Motorized recreational gold prospecting is prohibited within the following areas: 
(1) Waters closed to motorized recreational gold prospecting in the unorganized 
territories identified in rules adopted by the Department of Agriculture, 
Conservation and Forestry, Maine Land Use Planning Commission; afl:6 
lO 
(2) Waters closed to motorized recreational gold prospecting identified in rules 
adopted by the Department of Environmental Protection;,~ 
(3) Waters defined as Class AA waters pursuant to section 465; and 
(4) The following areas of critical or high-value brook trout or Atlantic salmon 
habitat: 
(a) Bemis Stream and tributaries in Township D and Rangeley Plantation; 
(b) Bond Brook in the City of Augusta and the Town of Manchester; 
ec) Bull Branch of Sunday River and tributaries in Grafton Township and 
Riley Township; 
(d) Carrabassett River and tributaries in the Town of Carrabassett Valley, 
Freeman Township, the Town of Kingfield, Mount Abram Township and 
Salem Township; 
(e) Cold Stream tributaries, including Tornhegan Stream, in Chase Stream 
Township, Johnson Mountain Township and West Forks Plantation; 
(f) Enchanted Stream in Upper Enchanted Township and Lower Enchanted 
Township; 
(g) Magalloway River and tributaries, including Little Magalloway River, in 
Bowmantown Township, 
Lincoln Plantation, 
Lynchtown 
Township, 
Magalloway Plantation, Oxbow Township, Parkertown Township and 
Parmachenee Township; 
(h) Rapid River in the Town of Upton and Township C; 
(i) Sheepscot River and tributaries, including the West Branch, in the Town 
of Alna, the Town of China, the Town of Freedom, the Town of Liberty, the 
Town of Montville, the Town of Palermo, the Town of Somerville, the Town 
of Whitefield and the Town of Windsor; 
(j) South Bog Stream in Rangeley Plantation; 
(k) Spencer Stream and Little Spencer Stream tributaries, including Kibby 
Stream in Kibby Township, Skinner Township, T.3, R.5 B.K.P. W.K.R" TA, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 646, L.D. 1671 
R.5 B.K.P. W.K.R., King and Bartlett Township and T.5, R.6 B.K.P. 
W.K.R.; and 
(1) Togus Stream in the Town of Chelsea and the Town of Randolph. 
Sec. 3. Department of Inland Fisheries and Wildlife; review of critical 
and high-value brook trout habitat. By December 1, 2015, the Department of 
Inland Fisheries and Wildlife shall review data, conduct site visits and collect any 
additional information necessary to determine whether the specific areas listed in the 
Maine Revised Statutes, Title 38, section 480-Q, subsection 5-A, paragraph G, 
subparagraph (4), as they relate to critical or high-value habitat for brook trout, continue 
to represent critical or high-value habitat for brook trout, and whether there are areas not 
listed that represent additional critical or high-value brook trout habitat that should be 
closed to motorized recreational gold prospecting. At a minimum and to the extent 
applicable to brook trout habitat, this review must include an examination of the 
following areas: Sandy River and tributaries above Farmington Falls; Sandy Stream and 
tributaries in Carrying Place Township, Highland Plantation and Lexington Plantation; 
Dead River and tributaries above Flagstaff Lake and between Grand Falls and The Forks 
Plantation; and Kennebec River tributaries between the Indian Pond Dam in Chase 
Stream Township and Indian Stream Township and the Williams Dam in the Town of 
Solon. By January 15, 2016, the department shall submit recommendations, if any, to 
add or remove areas of critical or high-value brook trout habitat on the list of areas closed 
to motorized recreational gold prospecting under Title 38, section 480-Q, subsection 5-A, 
paragraph G, subparagraph (4) to the joint standing committee of the Legislature having 
jurisdiction over environmental and natural resources matters, and the committee may 
report out a bill relating to these recommendations to the Second Regular Session of the 
127th Legislature. 
Sec. 4. Department of Marine Resources; review of critical and high-
value Atlantic salmon habitat. By December 1, 2015, the Department of Marine 
Resources shall review data, conduct site visits and collect any additional information 
necessary to determine whether the specific areas listed in the Maine Revised Statutes, 
Title 38, section 480-Q, subsection 5-A, paragraph G, subparagraph (4), as they relate to 
critical or high-value habitat for Atlantic salmon, continue to represent critical or high-
value habitat for Atlantic salmon, and whether there are areas not listed that represent 
additional critical or high-value Atlantic salmon habitat that should be closed to 
motorized recreational gold prospecting. At a minimum and to the extent applicable to 
Atlantic salmon habitat, this review must include an examination of the following areas: 
Sandy River and tributaries above Farmington Falls; Sandy Stream and tributaries in 
Carrying Place Township, Highland Plantation and Lexington Plantation; Dead River and 
tributaries above Flagstaff Lake and between Grand Falls and The Forks Plantation; and 
Kennebec River tributaries between the Indian Pond Dam in Chase Stream Township and 
Indian Stream Township and the Williams Dam in the Town of Solon. By January 15, 
2016, the department shall submit recommendations, if any, to add or remove areas of 
critical or high-value Atlantic salmon habitat on the list of areas closed to motorized 
recreational gold prospecting under Title 38, section 480-Q, subsection 5-A, paragraph G, 
subparagraph (4) to the joint standing committee of the Legislature having jurisdiction 
over environmental and natural resources matters, and the committee may report out a bill 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 646, L.D. 1671 
relating to these recommendations to the Second Regular Session of the I27th 
Legislature. 
Emergency clause. 
In view of the emergency cited III the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Environment and Natural Resources, changes the title and replaces the bill. 
This 
amendment prohibits motorized recreational gold prospecting in waters classified as 
Class AA waters and certain stream segments that contain important brook trout and 
Atlantic salmon habitats. This amendment establishes that by December 1, 2015, the 
Department of Inland Fisheries and Wildlife and the Department of Marine Resources are 
directed to review data, conduct site visits and collect any additional infonnation 
necessary to detennine whether these statutorily specified stream segments continue to 
represent critical or high-value brook trout or Atlantic salmon habitat, and whether there 
are areas not listed that represent additional critical or high-value brook trout or Atlantic 
salmon habitat that should be closed to motorized recreational gold prospecting. By 
January 15, 2016, each department is further directed to submit any recommendations for 
the addition or removal of areas of critical or high-value brook trout or Atlantic salmon 
habitat on the list of areas closed to motorized recreational gold prospecting under the 
Maine Revised Statutes, Title 38, section 480-Q, subsection 5-A, paragraph G, 
subparagraph (4) to the joint standing committee of the Legislature having jurisdiction 
over environmental and natural resources matters, and the committee is authorized to 
report out a bill relating to the recommendations to the Second Regular Session of the 
I27th Legislature. 
COMMITTEE AMENDMENT 
Approved: 0311 0114 
;&;;rae::.. 
LD 1671 
LR2434(02) 
An Act To Prohibit Motorized Recreational Gold Prospecting in Certain Atlantic Salmon and Brook 
Trout Spawning Habitats 
Fiscal Note for Bill as Amended by Committee Amendment '!A" (S- i-l ~ L1) 
Committee: Environment and Natural Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact State~ents 
Establishes new Class E crimes and civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection from prohibiting motorized recreational gold 
prospecting in certain areas and to the Department of Inland Fisheries and Wildlife and the Department of Marine 
Resources from submitting certain recommendations to the Legislature can be absorbed within existing budgeted 
resources. 
LR2434(02) - Fiscal Note - Page 1 of 1