An Act To Protect Sustenance Fishing
Maine Legislature, Session 129, LD 1775
Committee Amendment CA_A_H490 (House)
Amends: 38 MRSA §468

COMMITTEE AMENDMENT "A" to H.P. 1262, L.D. 1775, Bill, "An Act To 
Protect Sustenance Fishing" 
Amend the bill in section 6 in paragraph A by striking out all of subparagraph (1) 
(page 3, lines 6 to 9 in L.D.) and inserting the following: 
'(1) 
From the confluence of the East Branch and the West Branch to the 
confluence of the Mattawamkeag River, including all impoundments - Class G ft. 
This segment is subject to a sustenance fishing designated use pursuant to section 
466-A.' 
Amend the bill in section 7 in paragraph B in subparagraph (1) by striking out all of 
divisions (c) and (d) (page 3, lines 38 and 39 and page 4, lines 1 to 4 in L.D.) and 
inserting the following: 
'( c) From a point located 1,000 feet downstream from the dam at the outlet 
of Grand Lake Mattagamon to its confluence with the West Branoh 
Mattaceunk impoundment as it existed on July 14, 1990 - Class AA. This 
segment is subject to a sustenance fishing designated use pursuant to section 
466-A. 
(d) From its confluence with the Mattaceunk impoundment as it existed on 
July 14, 1990 to its confluence with the West Branch - Class B. Further, 
there may be no new direct discharges to this segment after January 1, 2019. 
This segment is subject to a sustenance fishing designated use pursuant to 
section 466-A.' 
Amend the bill in section 8 in paragraph D by striking out all of subparagraph (2) 
(page 4, lines 27 to 35 in L.D.) and inserting the following: 
'(2) Mattawamkeag River, tributaries - Class A unless otherwise specified. 
(a) East Branch Mattawamkeag River above Red Bridge - Class B. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 1262, L.D. 1775 
(b) West Branch Mattav,ramkeag River from Intersta:te 95 to its confluence 
v'lith Mattav,ramkeag Lake Class B 
(o) fish Stream Class B. 
(d) West Branch Mattawamkeag River from its source at Rockabema Lake 
to its confluence with Mattawamkeag Lake - Class A. 
This segment is 
subject to a sustenance fishing designated use pursuant to section 466-A.' 
Amend the bill by striking out all of section 14 and inserting the following: 
'Sec. 14. 38 MRSA §468, sub-§8, 11P and Qare enacted to read: 
P. Cherryfield. 
(1) Tunk Stream and its tributaries - Class A. 
Q. Perry. 
(1) Boyden Stream - Class B. This segment is subject to a sustenance fishing 
designated use pursuant to section 466-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
To ensure proper application of the sustenance fishing designated use proposed in the 
bill, this amendment amends the bill by updating the classifications for certain waters 
based on water quality data and by clarifying the description of certain water body 
segments. 
This bill as amended creates a sustenance fishing designated use as a subcategory of 
the applicable fishing designated use for certain specified water body segments within 
Maine's water classification program where there is or may be sustenance fishing or 
increased fish consumption by members of the Indian tribes in Maine or other Maine 
citizens. 
This bill as amended also requires that the Department of Environmental 
Protection adopt routine technical rnles no later than March 1, 2020 that calculate and 
establish water quality criteria protective of human health for toxic pollutants and the 
sustenance fishing designated use as established by this bill. This bill as amended limits 
the scope of the sustenance fishing designated use created by this bill by providing that, 
for all purposes, including for the purposes of the State's water classification program, 
the federal Clean Water Act and related rnles, regulations and guidance, the sustenance 
fishing designated use created by this bill as amended is deemed protected through water 
quality criteria for human health calculated and established 'for the identified water body 
segments using, in addition to the other assumptions used in developing human health 
criteria generally under the Maine Revised Statutes, Title 38, section 420, subsection 2 
and rnles adopted by the department, a fish consumption rate of 200 grams per day and a 
cancer risk level of one in 1,000,000, except for inorganic arsenic, the risk level for which 
is governed by Title 38, section 420, subsection 2, paragraph J. The designation in this 
bill as amended of specific waters subject to a sustenance fishing designated use is not 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A "to H.P. 1262, L.D. 1775 
intended to preclude a future designation of other such waters through a similar 
legislative process or as otherwise provided by law. 
All aspects of this bill as amended, including the sustenance fishing designated use 
and the identification of specific water body segments subject to that use, are intended to 
have meaning and effect within the State's water classification program only and for 
purposes of calculating and establishing water quality criteria for human health sufficient 
to protect the sustenance fishing designated use only. Nothing in this bill as amended or 
the sustenance fishing designated use it establishes is intended to apply to or affect 
discharges of mercury, which are governed exclusively by separate provisions of law, 
including Title 38, section 420, subsection 1-B and section 413, subsection 11. This bill 
as amended changes the human health ambient criterion specified in Title 38, section 420, 
subsection 1-B, paragraph A, subparagraph (2) to reflect the 200 grams per day fish 
consumption rate that the Department of Environmental Protection is directed to use 
when deriving human health criteria for toxic pollutants to protect the sustenance fishing 
designated use; however, this change is not intended to affect the mercury discharge 
limits set forth in Title 38, section 420, subsection 1-B and section 413, subsection 11. 
Nothing in this bill as amended is intended to alter or affect in any way any provision of 
any of the State's state and federal Indian settlement acts, including the state Indian 
settlement acts in Title 30, chapters 601 and 603. No part of this bill as amended is 
intended to relate to or affect in any way any claims or disputes regarding any definition 
of Indian country, territory, lands, waters, reservations or rights of any kind under any 
other provision of state or federal law. No part of this bill as amended is intended to 
create or limit any right or protection under any other state or federal law, including the 
federal Clean Water Act, except as described in this summary, or any state or federal 
Indian settlement law or act, or create in any way a right to any particular quantity or 
quality of fish. The sole intent of this bill as amended is to establish a sustenance fishing 
designated use that is deemed protected for all purposes through water quality criteria for 
human health calculated and established through routine technical rulemaldng using a 
specific minimum fish consumption rate and specified cancer risk levels for the waters 
expressly identified in the State's water classification program, which criteria are 
applicable for the purposes of the State's water classification program and the federal 
Clean Water Act. 
FISCAL NOTE REQUIRED 
(See attached) 
,., .... ~::,.i, 
COMMITTEE AMENDMENT 
Approved: 06/04/19 feac 
LD 1775 
LR2522(02) 
An Act To Protect Sustenance Fishing 
Fiscal Note for Bill as Amended by Committee Amendment ~{Jl-lj1o I 
Committee: Environment and Natural Resources 
v..:; 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Environmental Protection as a result of the adoption of rules allowing 
sustenance fishing, identification of specific water body segments that it may be practiced and water quality criteria 
to ensure health and safety are anticipated to be minor and can be absorbed within existing budgeted resources. 
LR2522(02) - Fiscal Note - Page 1 of 1