‘An Act To Prohibit Motorized Recreational Gold Prospecting in Class AA Waters and Certain Atlantic Salmon and Brook Trout Habitats’

‘Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  motorized recreational gold prospecting may occur without a permit, subject to certain conditions; and

Whereas,  in order to provide additional protection to certain sensitive stream segments that provide important habitats to Atlantic salmon and brook trout before the next motorized recreational gold prospecting season, which will begin after winter ends, this legislation must take effect as soon as possible; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 38 MRSA §480-B, sub-§5-C  is enacted to read:

Sec. 2. 38 MRSA §480-Q, sub-§5-A, ¶G,  as enacted by PL 2013, c. 260, §1, is amended to read:

Sec. 3. Department of Inland Fisheries and Wildlife; review of critical and high-value brook trout habitat. By December 1, 2015, the Department of Inland Fisheries and Wildlife shall review data, conduct site visits and collect any additional information necessary to determine whether the specific areas listed in the Maine Revised Statutes, Title 38, section 480-Q, subsection 5-A, paragraph G, subparagraph (4), as they relate to critical or high-value habitat for brook trout, continue to represent critical or high-value habitat for brook trout, and whether there are areas not listed that represent additional critical or high-value brook trout habitat that should be closed to motorized recreational gold prospecting. At a minimum and to the extent applicable to brook trout habitat, this review must include an examination of the following areas: Sandy River and tributaries above Farmington Falls; Sandy Stream and tributaries in Carrying Place Township, Highland Plantation and Lexington Plantation; Dead River and tributaries above Flagstaff Lake and between Grand Falls and The Forks Plantation; and Kennebec River tributaries between the Indian Pond Dam in Chase Stream Township and Indian Stream Township and the Williams Dam in the Town of Solon. By January 15, 2016, the department shall submit recommendations, if any, to add or remove areas of critical or high-value brook trout habitat on the list of areas closed to motorized recreational gold prospecting under Title 38, section 480-Q, subsection 5-A, paragraph G, subparagraph (4) to the joint standing committee of the Legislature having jurisdiction over environmental and natural resources matters, and the committee may report out a bill relating to these recommendations to the Second Regular Session of the 127th Legislature.

Sec. 4. Department of Marine Resources; review of critical and high-value Atlantic salmon habitat. By December 1, 2015, the Department of Marine Resources shall review data, conduct site visits and collect any additional information necessary to determine whether the specific areas listed in the Maine Revised Statutes, Title 38, section 480-Q, subsection 5-A, paragraph G, subparagraph (4), as they relate to critical or high-value habitat for Atlantic salmon, continue to represent critical or high-value habitat for Atlantic salmon, and whether there are areas not listed that represent additional critical or high-value Atlantic salmon habitat that should be closed to motorized recreational gold prospecting. At a minimum and to the extent applicable to Atlantic salmon habitat, this review must include an examination of the following areas: Sandy River and tributaries above Farmington Falls; Sandy Stream and tributaries in Carrying Place Township, Highland Plantation and Lexington Plantation; Dead River and tributaries above Flagstaff Lake and between Grand Falls and The Forks Plantation; and Kennebec River tributaries between the Indian Pond Dam in Chase Stream Township and Indian Stream Township and the Williams Dam in the Town of Solon. By January 15, 2016, the department shall submit recommendations, if any, to add or remove areas of critical or high-value Atlantic salmon habitat on the list of areas closed to motorized recreational gold prospecting under Title 38, section 480-Q, subsection 5-A, paragraph G, subparagraph (4) to the joint standing committee of the Legislature having jurisdiction over environmental and natural resources matters, and the committee may report out a bill relating to these recommendations to the Second Regular Session of the 127th Legislature.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.’