In any administrative proceeding under this section the burden of proof shall be is on the commissioner. The decision of the commissioner may be appealed in the manner provided by the laws of the State for judicial review of administrative action and shall may be sustained only if supported by substantial evidence.

7. Transportation of game. Fish lawfully taken within Indian territory or in waters subject to commission board regulation under this section and wildlife lawfully taken within Indian territory and registered pursuant to ordinances adopted by the Passamaquoddy Tribe and the Penobscot Nation, may be transported within the State.

8. Fish and wildlife on non-Indian lands. The commission board shall undertake appropriate studies, consult with the Passamaquoddy Tribe and the Penobscot Nation and landowners and state officials, and make recommendations to the commissioner and the Legislature with respect to implementation of fish and wildlife management policies on non-Indian lands in order to protect fish and wildlife stocks on lands and water subject to regulation by the Passamaquoddy Tribe, the Penobscot Nation or the commission board.

Sec. 11. 30 MRSA §6212, as amended by PL 2001, c. 173, §1 and affected by §2, is further amended to read:

§6212. Intergovernmental Tribal-State Board

1. Board created. The Maine Indian Intergovernmental Tribal- State Commission Board is established. The commission board consists of 9 14 members, 4 to be appointed by the Governor, subject to review by the Joint Standing Committee on Judiciary and to confirmation by the Legislature, 2 to be appointed by the Passamaquoddy Tribe, 2 to be appointed by the Penobscot Nation and a chair, to be selected in accordance with subsection 2, 2 to be appointed by the Houlton Band of Maliseet Indians, 2 to be appointed by the Attorney General, subject to review by the Joint Standing Committee on Judiciary and to