E-1.__Penobscot.

(1)__Tidal waters of the Bagaduce River lying southerly of Winslow Island and easterly of the westernmost point of Young's Island - Class SA.

E-2.__Sedgewick.

(1)__Tidal waters of the Bagaduce River - Class SA.

Sec. 27. Rulemaking. The Board of Environmental Protection within the Department of Environmental Protection shall adopt rules no later than March 1, 2004 that further define "subsistence fishing" by establishing water quality criteria protective of human health for toxic pollutants in the segments of waters having subsistence fishing as a designated use. Rules adopted under this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A.

SUMMARY

This bill provides a list of recommendations that the Board of Environmental Protection is making to the Legislature pursuant to the guidance for reclassification of waters provided in the Maine Revised Statutes, Title 38, section 464, subsection 2. This list includes many waters where recent water quality investigations indicate that quality of a higher class has been achieved, as required in Title 38, section 464, subsection 4, paragraph F, subparagraph (4). Additionally, some waters are proposed when the expectation to achieve a higher classification has been found to be desirable and feasible. This bill also recommends addition of the new designated use of subsistence fishing for certain segments of the Penobscot River. This bill includes a requirement that the Board of Environmental Protection adopt routine technical rules no later than March 1, 2004 that establish water quality criteria protective of human health for toxic pollutants in the segments having subsistence fishing as a designated use.