An Act To Protect Endangered Species Whose Life Cycles Include Maine Land or Waters
Maine Legislature, Session 130, LD 0883
Committee: Inland Fisheries and Wildlife
Sponsors: MIRAMANT, BERRY, MAXMIN, VITELLI, CLOUTIER, CRAVEN, DOUDERA, HEPLER, LANDRY, TEPLER
Amends: 12 MRSA §6973, 12 MRSA §6974, 12 MRSA §12803

Legislative Document
No. 883
S.P. 298
In Senate, March 8, 2021
An Act To Protect Endangered Species Whose Life Cycles Include 
Maine Land or Waters
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MIRAMANT of Knox.
Cosponsored by Representative BERRY of Bowdoinham and
Senators: MAXMIN of Lincoln, VITELLI of Sagadahoc, Representatives: CLOUTIER of 
Lewiston, CRAVEN of Lewiston, DOUDERA of Camden, HEPLER of Woolwich, LANDRY 
of Farmington, TEPLER of Topsham.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6973, sub-§1, as enacted by PL 2003, c. 573, §1, is amended to 
read:
1.  Commissioner's authority.  The commissioner may shall recommend 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 Law 93-205, as amended, and if that species uses waters in this State for any part of 
its life cycle.
The commissioner may recommend marine species found in the State for designation as a 
state endangered or state threatened marine species. 
Sec. 2.  12 MRSA §6974, as enacted by PL 2003, c. 573, §1, is amended by enacting 
a 2nd indented paragraph to read:
The commissioner shall also recommend to be listed as endangered or threatened any 
species that is federally listed as endangered or threatened pursuant to the United States 
Endangered Species Act of 1973, Public Law 93-205, as amended, if that species uses land 
or waters in this State for any part of its life cycle.
Sec. 3.  12 MRSA §12803, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
1.  Standards.  The commissioner shall recommend a species to be listed as 
endangered or threatened 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.
The commissioner shall also recommend to be listed as endangered or threatened any 
species that is federally listed as endangered or threatened pursuant to the United States 
Endangered Species Act of 1973, Public Law 93-205, as amended, if that species uses land 
or waters in this State for any part of its life cycle. 
Sec. 4.  12 MRSA §12803, sub-§3, as amended by PL 2017, c. 164, §23, is further 
amended by enacting at the end a new blocked paragraph to read:
The commissioner shall also recommend to be listed as endangered or threatened any 
species that is federally listed as endangered or threatened pursuant to the United States 
Endangered Species Act of 1973, Public Law 93-205, as amended, if that species uses land 
or waters in this State for any part of its life cycle.
SUMMARY
This bill requires the Commissioner of Marine Resources and the Commissioner of 
Inland Fisheries and Wildlife to recommend to be listed as endangered or threatened any 
species that is federally listed as endangered or threatened pursuant to the United States 
Endangered Species Act of 1973, Public Law 93-205, as amended, if that species uses land 
or waters in this State for any part of its life cycle.