An Act To Create the Science and Policy Advisory Council on the Impact of Climate Change on Maine's Marine Species
Maine Legislature, Session 129, LD 1284
Committee: Environment and Natural Resources
Sponsors: BLUME, MOORE, HEPLER, JORGENSEN, KESCHL, RECKITT, TUELL, VITELLI
Amends: 5 MRSA §12004-I, 38 MRSA §3301

Legislative Document
No. 1284
H.P. 926
House of Representatives, March 14, 2019
An Act To Create the Science and Policy Advisory Council on the 
Impact of Climate Change on Maine's Marine Species
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative BLUME of York.
Cosponsored by Senator MOORE of Washington and
Representatives: HEPLER of Woolwich, JORGENSEN of Portland, KESCHL of Belgrade, 
McCREIGHT of Harpswell, McDONALD of Stonington, RECKITT of South Portland, 
TUELL of East Machias, Senator: VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§57-I is enacted to read:
57-I.  
Sec. 2.  38 MRSA c. 35 is enacted to read:
CHAPTER 35
SCIENCE AND POLICY ADVISORY COUNCIL ON THE IMPACT OF 
CLIMATE CHANGE ON MAINE'S MARINE SPECIES
§3301.  Science and Policy Advisory Council on the Impact of Climate Change on 
Maine's Marine Species
1.  Establishment and purpose.  The Science and Policy Advisory Council on the 
Impact of Climate Change on Maine's Marine Species, referred to in this section as "the 
council," established by Title 5, section 12004-I, subsection 57-I, is created to identify, 
study and recommend actions to remediate and mitigate the direct and indirect effects of 
climate change on the State's marine ecosystems and the marine species that are 
commercially harvested and grown in the State's coastal and ocean environments.  The 
direct and indirect effects of climate change reviewed must include, but are not limited to, 
ocean and coastal acidification, warming ocean temperatures, increased precipitation and 
changes in salinity and dissolved oxygen concentrations.
2.  Membership.  The council consists of the following 17 members:
A.  Two members of the Senate appointed by the President of the Senate, including 
one member from each of the 2 parties holding the largest number of seats in the 
Legislature;
B.  Three members of the House of Representatives appointed by the Speaker of the 
House, including at least one member from each of the 2 parties holding the largest 
number of seats in the Legislature;
C.  Nine members appointed by the Commissioner of Marine Resources, including:
(1)  Three representatives of an environmental or community group or one from 
each type of organization;
(2)  Three persons who fish commercially, including at least one aquaculturist; 
and
Marine Resources
Science and Policy 
Advisory Council on 
the Impact of 
Climate Change on 
Maine's Marine 
Species
Legislative Per 
Diem and Expenses
MRSA §3301
(3)  Three scientists who have studied the changes caused by climate change on 
the State's marine ecosystems or the effects of climate change on the State's 
marine species; and
D.  Three members as follows:
(1)  The Commissioner of Marine Resources or the commissioner's designee;
(2)  The Commissioner of Environmental Protection or the commissioner's 
designee; and
(3)  The Commissioner of Agriculture, Conservation and Forestry or the 
commissioner's designee.
3.  Chairs.  The first-named Senate member is the Senate chair and the first-named 
House of Representatives member is the House chair of the council.
4.  Staff assistance.  Within the limits of its budget, the council is authorized to 
contract with and employ staff members to assist the council in carrying out its duties.  In 
the event funding does not permit adequate staff support, the Department of Marine 
Resources and the Department of Environmental Protection shall provide staff support 
within the departments' existing resources.
5.  Quorum.  For purposes of holding a meeting, a quorum is 7 members. A quorum 
must be present to start a meeting or to vote but not to continue or adjourn a meeting.
6.  Terms; vacancies.  Members of the council serve for 3 years.  A member may 
continue to serve until a successor is duly appointed and qualified.  A member may not 
serve more than 2 consecutive 3-year terms.  A member may designate an alternate to 
serve on a temporary basis.
7.  Consultation.  Whenever the council considers it appropriate, the council may 
seek the advice of experts in fields related to its duties.  The council may create 
subcommittees to provide data and recommendations to the council in response to 
specific subtopics related to the council's duties.  The council shall coordinate and 
communicate with other fisheries advisory councils.
8.  Powers and duties.  The council: 
A.  Shall meet at least twice annually;
B.  Shall review, study and analyze existing scientific literature and data on the direct 
and indirect effects of climate change and how those effects have directly or 
indirectly affected or may directly or indirectly affect commercially harvested and 
grown species along the coast of the State;
C.  Shall identify critical scientific data and knowledge gaps pertaining to the direct 
and indirect effects of climate change on the State's marine ecosystems and on 
species that are commercially harvested and grown along the coast of the State;
D.  Shall include in its review of the relevant scientific literature and data the results 
of studies presented at conferences or workshops related to the direct and indirect 
effects of climate change on the State's marine ecosystems and commercial marine 
species;
E.  Shall identify and monitor the factors contributing to the effects of climate 
change, including, but not limited to, the effects caused by coastal and ocean 
acidification, rising ocean temperatures and changes in salinity and dissolved oxygen 
concentrations;
F.  Shall work to strengthen existing scientific monitoring, research and analysis 
regarding the direct and indirect effects of climate change on the State's marine 
ecosystems and commercial marine species;
G.  Shall identify methods and protocols to mitigate direct and indirect effects of 
climate change on the State's marine species;
H.  Shall work to increase public awareness of the direct and indirect effects of 
climate change on the State's marine species;
I.  Shall work to update and implement the recommendations contained in the 
January 2015 report of the Commission To Study the Effects of Coastal and Ocean 
Acidification and Its Existing and Potential Effects on Species That Are 
Commercially Harvested and Grown along the Maine Coast authorized by Resolve 
2013, chapter 110;
J.  When appropriate, may consult and advise state agencies, the Legislature, Maine's 
congressional delegation, the Governor and federal entities on matters regarding the 
direct and indirect effects of climate change on the State's marine ecosystems and 
commercial marine species;
K.  May assist the Legislature and the Governor on pending legislation related to the 
direct and indirect effects of climate change on the State's marine ecosystems and 
commercial marine species, including, but not limited to, by providing testimony at a 
public hearing on legislation before a joint standing committee of the Legislature;
L.  May examine existing laws pertaining to the direct and indirect effects of climate 
change on the State's marine ecosystems and commercial marine species;
M.  Shall identify and promote economic development opportunities afforded by the 
direct and indirect effects of climate change on the State's marine ecosystems and 
commercial marine species through development and commercialization of new 
technologies and businesses;
N.  May recommend or submit to the Legislature legislation relating to the direct and 
indirect effects of climate change on the State's marine ecosystems and commercial 
marine species; and
O.  May hold public hearings to receive testimony and recommendations from 
members of the public and qualified experts on matters related to the direct and 
indirect effects of climate change on the State's marine ecosystems and commercial 
marine species.
9.  Report.  The council shall submit an annual report of its activities to the 
Governor, the joint standing committee of the Legislature having jurisdiction over marine 
resources matters and the joint standing committee of the Legislature having jurisdiction 
over environmental protection matters.  The council shall post the report on a publicly 
accessible website maintained by the State.
10.  Reimbursement of expenses.  The members of the council are compensated 
according to the provisions of Title 5, section 12004-I, subsection 57-I.
11.  Accounting; outside funding.  All funds appropriated, allocated or otherwise 
provided to the council must be deposited in an account separate from all other funds of 
the Legislature and are nonlapsing.  Funds in the account may be used only for the 
purposes of the council.  The council may seek and accept outside funding and is 
authorized on behalf of the State to accept federal funds to fulfill council duties.  Prompt 
notice of solicitation and acceptance of funds must be sent to the Legislative Council. All 
funds accepted must be forwarded to the Executive Director of the Legislative Council, 
along with an accounting that includes the amount received, the date that amount was 
received, from whom that amount was received, the purpose of the donation and any 
limitation on use of the funds.  The executive director shall administer all funds received 
in accordance with this subsection.  At the beginning of each fiscal year, and at any other 
time at the request of the cochairs of the council, the executive director shall provide to 
the council an accounting of all funds available to the council, including funds available 
for staff support.
Sec. 3.  Staggered terms.  Notwithstanding the Maine Revised Statutes, Title 38, 
section 3301, subsection 6, paragraph C, of the initial members appointed by the 
Commissioner of Marine Resources to the Science and Policy Advisory Council on the 
Impact of Climate Change on Maine's Marine Species, 5 serve terms of 2 years and 4 
serve terms of 3 years, and the members appointed under that paragraph shall draw lots 
for 2-year or 3-year terms.
Sec. 4.  Meetings.  Notwithstanding the Maine Revised Statutes, Title 38, section 
3301, subsection 8, paragraph A, during its initial year of existence, the Science and 
Policy Advisory Council on the Impact of Climate Change on Maine's Marine Species 
shall meet 4 times.
SUMMARY
This bill establishes the Science and Policy Advisory Council on the Impact of 
Climate Change on Maine's Marine Species to examine the effects of climate change on 
Maine's marine ecosystems as habitat for the State's valuable commercial marine species 
and the direct and indirect effects of climate change on those commercial marine species.  
The council will identify, study and make recommendations to remediate and mitigate the 
direct and indirect effects of climate change on marine species that are commercially 
harvested and grown in the State's coastal and ocean environments.