An Order to Implement the Recommendations of the Bay Management Study

March 28, 2007

30 FY 06/07

WHEREAS, Maine is privileged to possess more than 5,000 miles of coastline and over two million acres of public submerged lands and nearshore coastal waters, which together form one of the most productive and rich ecosystems in the world; and

WHEREAS, Maine’s nearshore waters and the lands beneath them have historically sustained a variety of uses, including providing food, transportation, commerce, recreation, artistic inspiration, and spiritual sustenance; and

WHEREAS, the uses which our society makes of Maine’s nearshore coastal resources are changing, diversifying, and intensifying; and

WHEREAS, Maine’s nearshore coastal waters are an important component of the State’s natural resource based economy; and

WHEREAS, growing coastal populations, increased commercial and recreational use of state waters, and the introduction of new potential uses, require improved methods and systems for coastal management, in order to optimize the public benefits of this broad expanse of the public domain; and

WHEREAS, the long-term sustainability of the coastal marine environment and the uses that depend upon it, rely upon the maintenance and enhancement of the integrity of its ecological systems; and

WHEREAS, regional nearshore management is the most promising first step in moving towards integrated, inclusive and ecosystem-based coastal governance in Maine, yet there is currently no forum to advance comprehensive marine and coastal management efforts on a regional scale; and

WHEREAS, the “Bay Management Study” conducted by the Land and Water Resources Council (PL 2003 c. 660 Part B) generated important recommendations which should be implemented to achieve the well-coordinated, efficient management of Maine’s nearshore coastal resources and ensure their continued sustainable productivity into the future;

NOW, THEREFORE, I, John E. Baldacci, Governor of the State of Maine, do hereby order and direct as follows:

I. Establishment of a coastal and nearshore policy subcommittee of the Land and Water Resources Council

A coastal and nearshore policy subcommittee (“subcommittee”) of the Land and Water Resources Council (“LWRC”) is established to provide oversight of the implementation efforts of the Bay Management Study, and to improve interagency coordination and communication on marine policy. The subcommittee shall be responsible for oversight of all sections of this executive order. The subcommittee shall consist of commissioner-designated senior representatives of those state agencies with ocean and coastal management responsibilities, including the State Planning Office (“SPO”), Department of Marine Resources (“DMR”), Department of Environmental Protection (“DEP”), Department of Inland Fisheries and Wildlife (“DIFW”) and Department of Conservation (“DOC”), and others as appropriate. Representatives from the SPO and DMR will chair this group and will coordinate its work as appropriate with that of interagency science and information efforts undertaken pursuant to recommendations in the Bay Management Study Data and Information report. The subcommittee will meet periodically as it deems appropriate and report to the LWRC at its quarterly meetings. During its first year and annually thereafter, the subcommittee will:

• Identify priorities for each fiscal year; • Identify joint goals, measurable objectives, and projects within and across agencies to address these priorities; • Assess the capabilities of agencies to carry out their ocean and coastal responsibilities; • Determine necessary funding for priority actions; and • Recommend any necessary legislative action or regulatory changes to implement priority actions and strategies.

The subcommittee shall report during the First Regular Session of the 124th and 125th Legislatures, to the joint standing committee having jurisdiction over marine resource matters, on the progress of the implementation efforts of the Bay Management Study.

II. Development of an interagency strategic plan

SPO will coordinate an effort among state agencies, including DEP, DMR, DIFW, and DOC to create an interagency strategic plan, identifying and facilitating coordinated actions to address agencies’ nearshore coastal management goals. Initially, agencies shall undertake this as a pilot effort, selecting individual issues around which agencies can coordinate to implement the related policies of Maine’s Coastal Management Policies Act. The first plan will be created by December 2008. Subsequent issue-specific plans should build on the first plan, such that in combination, they result in a more robust, multi-issue nearshore interagency strategic plan. This plan should be consistent with the bay management principles contained within the bay management report and should advance an ecosystem based approach to coastal management.

In 2010, to the extent deemed appropriate in light of the above efforts, SPO shall initiate and coordinate a broader, multi-sector interagency coastal strategic planning effort among DEP, DMR, DIFW, DOC and other pertinent natural resources agencies. This effort shall be integrated with state agency planning and budgeting efforts as required by the Coastal Zone Management Act (CZMA), the Clean Water Act and other pertinent federal and state funding sources. This coastal strategic plan, covering the period 2012 – 2017 should form the basis for the 5-year strategic plan required by Section 309 of the CZMA.

III. Development of regional priorities

SPO and DMR will work with other state agencies that have coastal responsibilities to identify regional priorities for their work, and consider the extent to which they can assist with regional projects to improve coastal and nearshore resources. This work will be completed by August 2007.

IV. Annual Nearshore Management Meeting

SPO shall host an annual nearshore management meeting to advance integrated, ecosystem based coastal management. SPO should invite participation by regional grantees, interested stakeholders and others as appropriate, to assess progress and further develop in-state knowledge of the application of ecosystem-based management to nearshore systems.

V. Implementation Costs

The costs for implementing the duties included in this Executive Order shall be absorbed by the participating agencies.

Effective Date:

This Executive Order is effective on March 28, 2007.

John E. Baldacci, Governor