Resolve, Establishing a Commission To Study the Existing and Potential Effects of Freshwater and Marine Debris on Maine's Freshwater and Coastal Habitats and Species
Maine Legislature, Session 129, LD 0936
Committee: Marine Resources
Sponsors: DEVIN

Legislative Document
No. 936
H.P. 691
House of Representatives, February 21, 2019
Resolve, Establishing a Commission To Study the Existing and 
Potential Effects of Freshwater and Marine Debris on Maine's 
Freshwater and Coastal Habitats and Species
(EMERGENCY)
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DEVIN of Newcastle.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the Commission To Study the Effects of Freshwater and Marine Debris is 
needed to identify sources of marine debris and the existing and potential effects of 
freshwater and marine debris on the freshwater and marine environment and freshwater 
and marine species, to aggregate existing scientific data and identify gaps in 
understanding that currently hinder the State's ability to craft adequate freshwater and 
marine debris mitigation policy and to provide recommendations for advancing strategic 
options to fill gaps in the State's knowledge of the sources of freshwater and marine 
debris and the effects of freshwater and marine debris on habitats and commercially 
valuable freshwater and marine species; and
Whereas, the study must be initiated before the 90-day period expires in order that 
the study may be completed and a report submitted in time for submission to the next 
legislative session; 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
Sec. 1.  Commission established. Resolved:  That the Commission To Study the 
Effects of Freshwater and Marine Debris, referred to in this resolve as "the commission," 
is established.
Sec. 2.  Commission membership. Resolved:  That, notwithstanding Joint Rule 
353, the commission consists of 13 members as follows:
1.  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;
2.  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;
3.  Two members appointed by the President of the Senate as follows:
A.  One representative of an environmental ocean or coastal community group based 
in the State; and
B.  One person who is licensed to fish commercially in the State; 
4.  Three members appointed by the Speaker of the House as follows:
A.  One representative of an environmental ocean or coastal community group based 
in the State;
B.  One person who is an aquaculturist licensed in the State; and
C.  One scientist who has studied marine debris in the State;
5.  The Commissioner of Marine Resources or the commissioner's designee;
6.  The Commissioner of Environmental Protection or the commissioner's designee; 
and
7.  The Commissioner of Agriculture, Conservation and Forestry or the 
commissioner's designee.
Sec. 3.  Chairs.  Resolved:  That the first-named Senate member is the Senate 
chair and the first-named House of Representatives member is the House chair of the 
commission.
Sec. 4.  Appointments; convening of commission.  Resolved:  That all 
appointments must be made no later than 30 days following the effective date of this 
resolve.  The appointing authorities shall notify the Executive Director of the Legislative 
Council once all appointments have been completed.  After appointment of all members, 
the chairs shall call and convene the first meeting of the commission.  If 30 days or more 
after the effective date of this resolve a majority of but not all appointments have been 
made, the chairs may request authority and the Legislative Council may grant authority 
for the commission to meet and conduct its business.
Sec. 5.  Duties.  Resolved:  That the commission shall study freshwater and 
marine debris and how it has affected or potentially will affect the State's freshwater and 
ocean and coastal ecosystems, habitats and species and shall:
1.  Study the factors contributing to freshwater and marine debris in the State;
2.  Consider scientific literature and data and identify knowledge gaps pertaining to 
freshwater and marine debris generated by freshwater and marine and other industries and 
identify the effects of freshwater and marine debris on the State's freshwater and coastal 
habitats and species.  The commission shall include in its consideration of the scientific 
literature and data the results of studies presented at conferences or workshops that relate 
to freshwater and marine debris, and the commission shall coordinate with any experts 
necessary to ensure accurate findings and sound recommendations and to prevent any 
undesired duplication of effort;
3.  Provide recommended steps to strengthen existing scientific monitoring, research 
and analysis regarding the causes of and trends in freshwater and marine debris as a 
means of better understanding the issue of freshwater and marine debris and its effects, as 
well as methods for monitoring and evaluating any approaches presented in the report 
under section 7 and subsequently adopted by the Legislature to track benefits to and 
effects on the freshwater and marine environment and species and freshwater, marine and 
other industries;
4.  Outline existing problems and threats of freshwater and marine debris on habitat, 
commercially important fisheries, the State's shellfish aquaculture industry and coastal 
tourism and recreation and identify recommendations for policies and tools to respond to 
those problems and threats; and
5.  Provide recommendations to the Legislature to increase public awareness of 
freshwater and marine debris.
Sec. 6.  Staff assistance.  Resolved:  That, notwithstanding Joint Rule 353, the 
Legislative Council shall provide necessary staffing services to the commission, except 
that Legislative Council staff support is not authorized when the Legislature is in regular 
or special session.
Sec. 7.  Report.  Resolved:  That, no later than December 4, 2019, the commission 
shall submit a report that includes its findings and recommendations, including suggested 
legislation, to the joint standing committee of the Legislature having jurisdiction over 
marine resources matters.  The joint standing committee may report out legislation to the 
129th Legislature based upon the report of the commission.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill establishes the Commission To Study the Effects of Freshwater and Marine 
Debris, which is a 13-member commission tasked with studying freshwater and marine 
debris and how it has affected or potentially will affect Maine's freshwater and ocean and 
coastal ecosystems, habitats and species.  The commission must submit a report, 
including suggested legislation, to the joint standing committee of the Legislature having 
jurisdiction over marine resources matters no later than December 4, 2019.