An Act To Protect Endangered Species Whose Life Cycles Include Maine Land or Waters
Maine Legislature, Session 130, LD 0883
Committee Amendment CA_A_S241 (Senate)
Amends: 12 MRSA §6973, 12 MRSA §6974, 12 MRSA §6975, 12 MRSA §12803

COMMITTEE AMENDMENT "~ " to S.P. 298, L.D. 883, "An Act To Protect 
Endangered Species Whose Life Cycles Include Maine Land or Waters" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Endangered and Threatened Species Whose Life Cycles Include 
Maine Land or Waters' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 12 MRSA §6973, as enacted by PL 2003, c. 573, §1, is amended to read: 
§6973. Designation of marine species as state endangered or state threatened 
1. Commissioner's authority. The commissioner may recommend to the Legislature 
a marine species found in the State for designation as a state endangered or state threatened 
marine species if that species is listed as an endangered or threatened species by the United 
States Secretary of the Interior, pursuant to the United States Endangered Species Act of 
1973, Public Lmv 93 205, as amended under section 6975. 
2. Modification to list. The commissioner may recommend to the Legislature that a 
marine species designated as a state endangered or state threatened species be removed 
from the list in section 6975 or recommend other changes to that list. 
3. Public notice and hearings. Prior to recommending to the Legislature an addition, 
deletion or other change to the list of state endangered and state threatened marine species 
in section 6975, the commissioner shall provide for public notice and public hearings on 
that proposed recommendation in accordance with the provisions of Title 5, chapter 375, 
subchapter 2- 2-A. 
4. Rulemaking. The commissioner by mle shall designate a marine species as a state 
endangered or state threatened marine species if that species: 
Page I - 130LR0846(02) 
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COMMITTEE AMENDMENT" !J-." to S.P. 298, L.D. 883 B -2, 4) j 
A. Is listed as an endangered or threatened species by the United States Secretary of 
the Interior or Secretary of Commerce, pursuant to the United States Endangered 
Species Act of 1973, as amended; 
B. Uses waters of the State for any part of its life cycle; and 
C. Is not listed in section 6975, section 12803 or rules adopted under section 12803, 
subsection 6. 
Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 2. 12 MRSA §6974, as enacted by PL 2003, c. 573, §1, is repealed. 
Sec. 3. 12 MRSA §6975, first 1, as enacted by PL 2003, c. 573, §1, is amended to 
read: 
The list of In addition to species designated by rule pursuant to section 6973, subsection 
4, the state endang~red or state threatened marine species by common name, scientific 
name and status is are as follows: 
Sec. 4. 12 MRSA §12803, as amended by PL 2017, c. 164, §23, is finther amended 
to read: 
§12803. Designation of state endangered and state threatened species 
1. Standards. The commissioner shall recommend to the Legislature a species to be 
listed as state endangered or state threatened under subsection 3 whenever the 
commissioner finds one of the following to exist: 
A. The present or threatened destruction, modification or curtailment of its habitat or 
range; 
B. Overutilization for commercial, sporting, scientific, educational or other purposes; 
C. Disease or predation; 
D. Inadequacy of existing regulatory mechanisms; or 
E. Other natural or manmade factors affecting its continued existence within the State. 
2. Commissioner's duties. In recommending to the Legislature a species to be listed 
as state endangered or state threatened under subsection 3, the commissioner shall: 
A. Make use of the best scientific, commercial and other data available; 
B. Consult, as appropriate, with federal agencies, other interested state agencies, other 
states having a common interest in the species and interested persons and 
organizations; and 
C. 
Maintain a list of all species that the Legislature has designated to be state 
endangered or state threatened, naming each species by both its scientific and common 
name, if any, and specifying over what portion of its range each species so designated 
is state endangered or state threatened. 
3. Legislative authority List. The Legislature, as sole authority, shall designate a 
species as a state endangered or state threatened species. The list of In addition to the 
species designated by rule under subsection 6, the state endangered or state threatened 
species by common name, scientific name and status 4s are as follows: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "{t "to S.P. 298, L.D. 883 l S -2 4 \) 
A. Least tern, Sterna antillarum, endangered; 
B. Golden eagle, Aquila chrysaetos, endangered; 
C. Piping plover, Charadrius melodus, endangered; 
D. Sedge wren, Cistothorus platensis, endangered; 
E. Grasshopper sparrow, Ammodramus savannarum, endangered; 
F. Box tmtle, Terrapene carolina, endangered; 
G. Black racer, Coluber constrictor, endangered; 
H. Roseate tern, Sterna dougallii, endangered; 
I. Northern bog lemming, Synaptomys borealis, threatened; 
J. Blanding's turtle, Emydoidea blandingii, endangered; 
K. Black tern, Chlidonias niger, endangered; 
L. American pipit, Anthus rubescens (breeding population only), endangered; 
M. Peregrine falcon, Falco peregrinus (breeding population only), endangered; 
N. Roaring Brook mayfly, Epeorus frisoni, threatened; 
0. Ringed boghaunter, Williamsonia lintneri, threatened; 
P. Clayton's copper, Lycaena dorcas claytoni, threatened; 
Q. Edwards' hairstreak, Satyrium edwardsii, endangered; 
R. Bessel's hairstreak, Callophrys hesseli, endangered; 
S. Katahdin arctic, Oenis polixenes katahdin, endangered; 
T. Spotted tmtle, Clemmys guttata, threatened; 
V. Razorbill, Alea torda, threatened; 
W. Atlantic puffin, Fratercula arctica, threatened; 
X. Harlequin duck, Histrionicus histrionicus, threatened; 
Y. Arctic tern, Sterna paradisaea, threatened; 
Z. Upland sandpiper, Bartramia longicauda, threatened; 
AA. Swamp darter, Etheostoma fusiforme, threatened; 
BB. Tidewater mucket, Leptodea ochracea, threatened; 
CC. Yellow lampmussel, Lampsilis cariosa, threatened; 
DD. Tomah mayfly, Siphlonisca aerodromia, threatened; 
FF. Twilight moth, Lycia rachelae, threatened; 
GG. Pine barrens zanclognatha, Zanclognatha martha, threatened; 
HH. Redfin pickerel, Esox americanus americanus, endangered; 
II. Juniper hairstreak, Callophrys gryneus, endangered; 
JJ. Rapids clubtail, Gomphus quadricolor, endangered; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to S.P. 298, L.D. 883 L':, -2--4) 
KK. New England cottontail, Sylvilagus transitionalis, endangered; 
LL. Black-crowned night heron, Nycticorax nycticorax, endangered; 
MM. Common gallinule, Gallinula galeata, threatened; 
NN. Great cormorant, Phalacrocorax carbo (breeding population only), threatened; 
00. Short-eared owl, Asia flammeus (breeding population only), threatened; 
PP. Purple lesser fritillary, Boloria charic!ea grandis, threatened; 
QQ. Sleepy duskywing, Erynnis brizo, threatened; 
RR. Boreal snaketail, 0phiogomphus colubrinus, threatened; 
SS. Brook floater, Alasmidonta varicosa, threatened; 
TT. Barrow's goldeneye, Bucephala islandica, threatened; 
UU. Least bittern, Ixobrychus exilis, endangered; 
VV. Cobblestone tiger beetle, Cicindela marginipennis, endangered; 
WW. Frigga fritillary, Boloria frigga, endangered; 
XX. Little brown bat, Myotis lucifugus, endangered; 
YY. Northern long-eared bat, Myotis septentrionalis, endangered; 
ZZ. Eastern small-footed bat, Myotis leibii, threatened; and 
AAA. Six-whorl vertigo, Vertigo morsei, endangered. 
4. Process for recommendation; notice and hearings. Prior to recommending to the 
Legislature an addition, deletion or other change to the state endangered and state 
threatened species listed in subsection 3, the commissioner shall provide for public notice 
and public hearings on that proposed recommendation in accordance with the provisions 
of Title 5, chapter 375, subchapter J 2-A. 
5. Designation by Legislature. The Legislature may not amend the list of endangered 
or threatened species in subsection 3 except upon the recommendation of the 
comm1ss10ner. 
6. Rulemaking. The commissioner by rule shall designate a species as a state 
endangered or state threatened species if that species: 
A. Is listed as an endangered or threatened species by the United States Secretruy of 
the Interior or Secretary of Commerce, pursuant to the United States Endangered 
Species Act of 1973, as amended; 
B. Uses the land or waters of the State for any part of its life cycle; and 
C. Is not listed in subsection 3, section 6975 or rules adopted under section 6973, 
subsection 4. 
Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2-A.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" ,4" to S.P. 298, L.D. 883 L 5- 2__,4 0 
SUMMARY 
This amendment replaces the bill and does the following: 
1. Requires the Commissioner of Marine Resources to designate a marine species as a 
state endangered or state threatened species if the species is listed as an endangered or 
threatened species under the United States Endangered Species Act of 1973, the species 
uses the waters of the State for any part of its life cycle and the species is not already so 
designated in state law or rule; 
2. Requires the Commissioner oflnland Fisheries and Wildlife to designate a species 
as a state endangered or state threatened species if the species is listed as an endangered or 
threatened species under the United States Endangered Species Act of 1973, the species 
uses the land or waters of the State for any part of its life cycle and the species is not already 
so designated in state law or rule; 
3. Removes provisions oflaw that provide that the Legislature is the sole authority to 
designate species as state endangered or state threatened; and 
4. Authorizes the Commissioner of Marine Resources and the Commissioner ofinland 
Fisheries and Wildlife to recommend additional species to the Legislature for listing as 
endangered or threatened species, as in current law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/14/21 ~ac 
LD883 
LR846(02) 
An Act To Protect Endangered Species Whose Life Cycles Include Maine Land or Waters 
Fiscal Note for Bill as Amended by Committee Amendment '';:}' Ls -2,4,\ 
Committee: Inland Fisheries and Wildlife 
'J 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any additional costs to the Department of Marine Resources or Deparhnent of Inland Fisheries and Wildlife as a 
result of changes to the process to designate a species as a state endangered or state threatened species are anticipatf'rl 
to be minor and can be absorbed within existing budgeted resources. 
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