Sec. 3. 38 MRSA §465, sub-§4, ¶B, as affected by PL 1989, c. 890, Pt. A, §40 and amended by Pt. B, §63, is further amended to read:

B. The dissolved oxygen content of Class C water may be not less than an instantaneous level of 5 parts per million or 60% of saturation, whichever is higher, and not less than 6.5 parts per million as a 30-day average; except that, for the period from October 1st to May 14th, in order to ensure spawning and egg incubation of indigenous salmonid species, the 7-day mean dissolved oxygen concentration may not be less than 9.5 parts per million and the 1-day minimum dissolved oxygen concentration may not be less than 8.0 parts per million in identified salmonid spawning areas where water quality is sufficient to ensure spawning, egg incubation and survival of early life stages, that water quality sufficient for these purposes must be maintained and for the period March 1st to August 1st in order to ensure spawning and egg incubation of indigenous nonsalmonid species, the 7-day mean dissolved oxygen concentration may not be less than 6.0 parts per million. Between May 15th and September 30th, the number of Escherichia coli bacteria of human or domestic livestock origin in these waters may not exceed a geometric mean of 142 126 per 100 milliliters or an instantaneous level of 949 235 per 100 milliliters. The board shall promulgate rules governing the procedure for designation of spawning areas. Those rules must include provision for periodic review of designated spawning areas and consultation with affected persons prior to designation of a stretch of water as a spawning area.

Sec. 4. Legislation. The Department of Environmental Protection shall recommend any needed changes related to the dissolved oxygen standard for estuarine and marine waters to the Joint Standing Committee on Natural Resources by January 1, 2004. The Joint Standing Committee on Natural Resources may report out legislation on this or related issues to the Second Regular Session of the 121st Legislature.