An Act To Advance the Restoration of the Penobscot River
Maine Legislature, Session 129, LD 0817
Committee: Environment and Natural Resources
Sponsors: DILL, DUNPHY, GRATWICK, ROSEN, DRINKWATER
Amends: 38 MRSA §418-A

Legislative Document
No. 817
S.P. 253
In Senate, February 14, 2019
An Act To Advance the Restoration of the Penobscot River
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator DILL of Penobscot.
Cosponsored by Representative DUNPHY of Old Town and
Senators: GRATWICK of Penobscot, ROSEN of Hancock, Representative: DRINKWATER of 
Milford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §418-A, as enacted by PL 1981, c. 674, is amended to read:
§418-A.  Protection of the lower Penobscot River
1.  Findings.  The Legislature finds that the lower Penobscot River is a unique and 
valuable natural resource.  The lower Penobscot River serves as an example to the Nation 
that good public policy carefully implemented can restore and preserve our natural 
resources.  The river has supported, and is again beginning to support, the greatest run of 
Atlantic salmon and 11 other species of anadromous fish in North America, providing a 
unique fishing opportunity for Maine  residents and members of the Penobscot Indian 
Nation.  The Legislature declares that the preservation and restoration of the lower 
Penobscot River is of the highest priority.
2.  Prohibition.  To protect water quality and aquatic resources, fisheries and fishing 
opportunities, and as an exercise of the public trust of the State, no person, firm, 
corporation, municipality or other legal entity may erect, operate, maintain or use any 
dam on that portion of the Penobscot River downstream from the Bangor Hydroelectric 
Company Dam located at Veazie Milford Dam located between Milford and Old Town, 
except that portion of the river known as the Stillwater Branch, to the southernmost point 
of Verona Island for any purpose not previously authorized by act, resolve or operation of 
law, unless specifically authorized by the Legislature.
3.  Study authorized.  Any person, firm, corporation, municipality or other legal 
entity may study the feasibility of erecting, operating, maintaining or using a dam for 
hydroelectric generation on the portion of the Penobscot River described in subsection 2.
Sec. 2.  Study.  The Department of Marine Resources, the Department of Inland 
Fisheries and Wildlife and the Department of Environmental Protection, referred to in 
this section as "the departments," in consultation with the Penobscot Indian Nation and 
interested federal agencies, shall conduct a comprehensive assessment of fish passage 
barriers, water quality and habitat conditions affecting the full restoration of fisheries 
within the Penobscot River watershed and the feasibility and costs of mitigating 
problems.  The departments shall report to the Joint Standing Committee on Marine 
Resources, the Joint Standing Committee on Inland Fisheries and Wildlife and the Joint 
Standing Committee on Environment and Natural Resources on the subject matter of their 
assessment by January 15, 2020.  The joint standing committees may report out 
legislation relating to the departments' reports to the Second Regular Session of the 129th 
Legislature.
SUMMARY
This bill extends north to Milford Dam between Milford and Old Town on the 
Penobscot River, with the exception of the Stillwater Branch, the protections under the 
Maine Revised Statutes, Title 38, section 418-A currently provided to the lower 
Penobscot River.  It requires the Department of Marine Resources, the Department of 
Inland Fisheries and Wildlife and the Department of Environmental Protection, in 
consultation with the Penobscot Indian Nation and interested federal agencies, to conduct 
a comprehensive assessment of fish passage barriers, water quality and habitat conditions 
affecting the full restoration of fisheries within the Penobscot River watershed and the 
feasibility and costs of mitigating problems and report to the Joint Standing Committee 
on Marine Resources, the Joint Standing Committee on Inland Fisheries and Wildlife and 
the Joint Standing Committee on Environment and Natural Resources.  It authorizes the 
joint standing committees to report out legislation to the Second Regular Session of the 
129th Legislature.