An Act To Advance the Restoration of the Penobscot River
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §418-A, as enacted by PL 1981, c. 674, is amended to read:
§ 418-A. Protection of the Penobscot River
1. Findings. The Legislature finds that the lower Penobscot River is a unique and valuable natural resource. The lower Penobscot River serves as an example to the Nation that good public policy carefully implemented can restore and preserve our natural resources. The river has supported, and is again beginning to support, the greatest run of Atlantic salmon and 11 other species of anadromous fish in North America, providing a unique fishing opportunity for Maine residents and members of the Penobscot Indian Nation. The Legislature declares that the preservation and restoration of the lower Penobscot River is of the highest priority.
2. Prohibition. To protect water quality and aquatic resources, fisheries and fishing opportunities, and as an exercise of the public trust of the State, no person, firm, corporation, municipality or other legal entity may erect, operate, maintain or use any dam on that portion of the Penobscot River downstream from the Bangor Hydroelectric Company Dam located at Veazie Milford Dam located between Milford and Old Town, except that portion of the river known as the Stillwater Branch, to the southernmost point of Verona Island for any purpose not previously authorized by act, resolve or operation of law, unless specifically authorized by the Legislature.
3. Study authorized. Any person, firm, corporation, municipality or other legal entity may study the feasibility of erecting, operating, maintaining or using a dam for hydroelectric generation on the portion of the Penobscot River described in subsection 2.
Effective 90 days following adjournment of the 129th Legislature, First Regular Session, unless otherwise indicated.