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high and moderate value waterfowl and wading bird habitat or | | shorebird nesting, feeding and staging areas under section 480-B, | | subsection 10, paragraph B.__The rules, as applicable, must: |
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| | | 1.__Definition of buffer area.__Include a definition of the | | buffer area to be regulated; |
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| | | 2.__Certain landowners not subject to regulation.__Provide | | that a landowner proposing to cause an impact on the buffer area | | defined for a significant vernal pool habitat is not subject to | | regulation pursuant to the rule if the significant vernal pool | | habitat is not on property owned or controlled by that landowner; |
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| | | 3.__Department of Environmental Protection must provide | | written field determination.__Require that the Department of | | Environmental Protection provide a written field determination | | upon the request of a landowner whose land may be affected by the | | definitions and criteria adopted in a rule; |
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| | | 4.__Department of Environmental Protection may not assess fine | | in certain cases.__Provide that the Department of Environmental | | Protection may not assess a fine against a landowner who acted in | | accordance with a written field determination if the fine would | | be based solely on information in the written field | | determination; and |
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| | | 5.__Process for voluntary identification.__Include a process | | for a landowner to voluntarily identify the landowner's land as a | | significant vernal pool habitat and to provide the Department of | | Inland Fisheries and Wildlife the authority to map the | | significant vernal pool habitat. |
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| | | Rules adopted pursuant to this section are major substantive | | rules as defined in Title 5, chapter 375, subchapter 2-A. |
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| | | Sec. 6. Rules. The major substantive rules adopted pursuant to the | | Maine Revised Statutes, Title 38, section 480-BB must be | | submitted to the Legislature by January 3, 2006 for review by the | | Joint Standing Committee on Natural Resources during the Second | | Regular Session of the 122nd Legislature. The Joint Standing | | Committee on Natural Resources is authorized to report out | | legislation to the Second Regular Session of the 122nd | | Legislature regarding significant wildlife habitat. |
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