Resolves

Chapter 109

S.P. 551 - L.D. 1528

Resolve, To Require State Agencies with Jurisdiction over Dams To Review and Update Plans for the Passage of Native Diadromous Fish

Sec. 1. Diadromous fish passage over dams on the Kennebec River and Sebasticook River. Resolved: That the Department of Inland Fisheries and Wildlife, the Department of Marine Resources and the Department of Environmental Protection, referred to in this resolve as "the departments," shall conduct a detailed review of their efforts to provide eel and other native diadromous fish species both upstream and downstream passage over dams on the Kennebec River and the Sebasticook River. The review must include but not be limited to current, past and planned activities, an evaluation of the effectiveness of those activities with regard to all diadromous fish, measures needed to ensure diadromous fish passage on those rivers and the feasibility of options to provide that passage; and be it further

Sec. 2. Reports on impediments to carrying out current plans to provide diadromous fish passage on all rivers. Resolved: That the departments shall review current plans to provide eel and other diadromous fish passage on all rivers of the State, identify impediments to carrying out those plans and develop options to remove those impediments; and be it further

Sec. 3. Fish kills. Resolved: That the departments shall develop a proposed amendment to the water quality classifications and standards in the Maine Revised Statutes, Title 38 that includes fish kills within those standards and classifications and provides a definition for "fish kill" that identifies the levels or percentages of fish kill that are acceptable based on the size and kind of dam and the biological requirements of a particular species of diadromous fish involved. The departments shall consult with the appropriate experts on the proposed amendment and review current state and federal law to ensure the amendment, to the maximum extent possible, enhances the State’s ability to require fish passage at licensed and unlicensed dams; and be it further

Sec. 4. Board of Environmental Protection timelines. Resolved: That the Department of Environmental Protection shall determine the need and feasibility of establishing or modifying timelines within which the Board of Environmental Protection must respond to a citizen petition brought under the Maine Revised Statutes, Title 38 related to water quality issues and, if the Board of Environmental Protection accepts a petition, a timeline within which it must issue a decision on the merits of that petition; and be it further

Sec. 5. Report. Resolved: That the departments shall report their findings and recommendations along with implementing legislation jointly to the Joint Standing Committee on Marine Resources and the Joint Standing Committee on Natural Resources no later than January 30, 2008. The Joint Standing Committee on Marine Resources and the Joint Standing Committee on Natural Resources may jointly submit legislation to the Second Regular Session of the 123rd Legislature related to the report.