Sec. 1. 12 MRSA §6022, sub-§16 is enacted to read:

16.__Designation of endangered marine species.__The following provisions govern the designation of endangered marine species.

A.__The commissioner shall recommend a marine species be listed as endangered or threatened whenever the commissioner finds one of the following exists:

(1)__The present or threatened destruction, modification or curtailment of the species' habitat or range;

(2)__Overutilization of the species for commercial, sporting, scientific, educational or other purposes;

(3)__Disease or predation;

(4)__Inadequacy of existing regulatory mechanisms; or

(5)__Other natural or artificial factors that affect the species' continued existence within the State.

B.__In recommending a marine species to be listed as endangered or threatened pursuant to paragraph A, the commissioner shall:

(1)__Make use of the best scientific, commercial and other data available; and

(2)__Consult, as appropriate, with federal agencies, other interested state agencies, other states having a common interest in the species and interested persons and organizations.

C.__The Legislature, as sole authority, shall designate a marine species as a state endangered or state threatened species.__Any marine species designated by the Legislature must be included in the list of state endangered or state threatened species under section 12803, subsection 3.

D.__Prior to recommending an addition, deletion or other change to the list of names of endangered and threatened marine species included in section 12803, 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 2.