Legislative Document No. 936 H.P. 691 House of Representatives, February 21, 2019
Resolve, Establishing a Commission To Study the Existing and Potential Effects of Freshwater and Marine Debris on Maine's Freshwater and Coastal Habitats and Species
(EMERGENCY)
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT Clerk
Presented by Representative DEVIN of Newcastle.
Printed on recycled paper 1 Emergency preamble. Whereas, acts and resolves of the Legislature do not 2 become effective until 90 days after adjournment unless enacted as emergencies; and
3 Whereas, the Commission To Study the Effects of Freshwater and Marine Debris is 4 needed to identify sources of marine debris and the existing and potential effects of 5 freshwater and marine debris on the freshwater and marine environment and freshwater 6 and marine species, to aggregate existing scientific data and identify gaps in 7 understanding that currently hinder the State's ability to craft adequate freshwater and 8 marine debris mitigation policy and to provide recommendations for advancing strategic 9 options to fill gaps in the State's knowledge of the sources of freshwater and marine 10 debris and the effects of freshwater and marine debris on habitats and commercially 11 valuable freshwater and marine species; and
12 Whereas, the study must be initiated before the 90-day period expires in order that 13 the study may be completed and a report submitted in time for submission to the next 14 legislative session; and
15 Whereas, in the judgment of the Legislature, these facts create an emergency within 16 the meaning of the Constitution of Maine and require the following legislation as 17 immediately necessary for the preservation of the public peace, health and safety; now, 18 therefore, be it
19 Sec. 1. Commission established. Resolved: That the Commission To Study the 20 Effects of Freshwater and Marine Debris, referred to in this resolve as "the commission," 21 is established.
22 Sec. 2. Commission membership. Resolved: That, notwithstanding Joint Rule 23 353, the commission consists of 13 members as follows:
24 1. Two members of the Senate appointed by the President of the Senate, including 25 one member from each of the 2 parties holding the largest number of seats in the 26 Legislature;
27 2. Three members of the House of Representatives appointed by the Speaker of the 28 House, including at least one member from each of the 2 parties holding the largest 29 number of seats in the Legislature;
30 3. Two members appointed by the President of the Senate as follows: 31 A. One representative of an environmental ocean or coastal community group based 32 in the State; and 33 B. One person who is licensed to fish commercially in the State; 34 4. Three members appointed by the Speaker of the House as follows: 35 A. One representative of an environmental ocean or coastal community group based 36 in the State; 37 B. One person who is an aquaculturist licensed in the State; and
Page 1 - 129LR0148(01)-1 1 C. One scientist who has studied marine debris in the State; 2 5. The Commissioner of Marine Resources or the commissioner's designee;
3 6. The Commissioner of Environmental Protection or the commissioner's designee; 4 and
5 7. The Commissioner of Agriculture, Conservation and Forestry or the 6 commissioner's designee.
7 Sec. 3. Chairs. Resolved: That the first-named Senate member is the Senate 8 chair and the first-named House of Representatives member is the House chair of the 9 commission.
10 Sec. 4. Appointments; convening of commission. Resolved: That all 11 appointments must be made no later than 30 days following the effective date of this 12 resolve. The appointing authorities shall notify the Executive Director of the Legislative 13 Council once all appointments have been completed. After appointment of all members, 14 the chairs shall call and convene the first meeting of the commission. If 30 days or more 15 after the effective date of this resolve a majority of but not all appointments have been 16 made, the chairs may request authority and the Legislative Council may grant authority 17 for the commission to meet and conduct its business.
18 Sec. 5. Duties. Resolved: That the commission shall study freshwater and 19 marine debris and how it has affected or potentially will affect the State's freshwater and 20 ocean and coastal ecosystems, habitats and species and shall:
21 1. Study the factors contributing to freshwater and marine debris in the State;
22 2. Consider scientific literature and data and identify knowledge gaps pertaining to 23 freshwater and marine debris generated by freshwater and marine and other industries and 24 identify the effects of freshwater and marine debris on the State's freshwater and coastal 25 habitats and species. The commission shall include in its consideration of the scientific 26 literature and data the results of studies presented at conferences or workshops that relate 27 to freshwater and marine debris, and the commission shall coordinate with any experts 28 necessary to ensure accurate findings and sound recommendations and to prevent any 29 undesired duplication of effort;
30 3. Provide recommended steps to strengthen existing scientific monitoring, research 31 and analysis regarding the causes of and trends in freshwater and marine debris as a 32 means of better understanding the issue of freshwater and marine debris and its effects, as 33 well as methods for monitoring and evaluating any approaches presented in the report 34 under section 7 and subsequently adopted by the Legislature to track benefits to and 35 effects on the freshwater and marine environment and species and freshwater, marine and 36 other industries;
37 4. Outline existing problems and threats of freshwater and marine debris on habitat, 38 commercially important fisheries, the State's shellfish aquaculture industry and coastal 39 tourism and recreation and identify recommendations for policies and tools to respond to 40 those problems and threats; and
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