Endangered Species - Listing Authority and Process - Maine

1. Investigations.-- The commissioner may conduct investigations in order to develop information relating to population size, distribution, habitat needs, limiting factors and other biological and ecological data relating to the status and requirements for survival of any species of fish or wildlife occurring in the State, whether endangered or not.

2. Programs.-- The commissioner may develop programs to enhance or maintain the populations described in subsection 1.

Citation: 12 M.R.S.A. § 12802.

1. Standards.-- The commissioner shall recommend a species to be listed as endangered or threatened whenever the commissioner finds one of the following to exist:

A. The present or threatened destruction, modification or curtailment of its habitat or range;

B. Overutilization for commercial, sporting, scientific, educational or other purposes; 

C. Disease or predation;

D. Inadequacy of existing regulatory mechanisms; or

E. Other natural or manmade factors affecting its continued existence within the State.

2. Commissioner's duties.-- In recommending a species to be listed as endangered or threatened, the commissioner shall:

A. Make use of the best scientific, commercial and other data available; 

B. Consult, as appropriate, with federal agencies, other interested state agencies, other states having a common interest in the species and interested persons and organizations; and

C. Maintain a list of all species that the Legislature has designated to be endangered or threatened, naming each species by both its scientific and common name, if any, and specifying over what portion of its range each species so designated is endangered or threatened.

3. Legislative authority.-- The Legislature, as sole authority, shall designate a species as a state endangered or state threatened species...

4. Process for recommendation; notice and hearings.--Prior to recommending an addition, deletion or other change to the endangered and threatened species listed in 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.

5. Designation by Legislature.-- The Legislature may not amend the list of endangered or threatened species in subsection 3 except upon the recommendation of the commissioner. 

Citation: 12 M.R.S.A. § 12803.

1. Commissioner's authority.-- The commissioner may recommend a marine species found in the State for designation as a state endangered or state threatened marine species if that species is listed as an endangered or threatened species by the United States Secretary of the Interior, pursuant to the United States Endangered Species Act of 1973, Public Law 93-205, as amended.

2. Modification to list.-- The commissioner may recommend that a marine species designated as a state endangered or state threatened species be removed from the list in section 6975 or recommend other changes to that list.

3. Public notice and hearings.-- Prior to recommending an addition, deletion or other change to the list of state endangered and state threatened marine species in section 6975, 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.

Citation: 12 M.R.S.A. § 6973.

In accordance with section 12801 (legislative policy for endangered/threatened species), the commissioner has authority as provided in this chapter to carry out the purpose of that section with regard to marine species.

Citation: 12 M.R.S.A. § 6971.

The Legislature has sole authority to designate a marine species as a state endangered or state threatened species or to remove a species or change the designation of a species listed in section 6975.

Citation: 12 M.R.S.A. § 6974.