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An Act To Clarify the Laws Governing the Rule-making Authority of the Maine Forest Service
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §8306, sub-§2, ¶B, as enacted by PL 2001, c. 547, §1 and amended by PL 2011, c. 657, Pt. W, §6, is repealed and the following enacted in its place:
 
B.  A process for the seizure, inspection, destruction or other mitigation of any forest or shade tree or any material that:
 
(1) Exists within the State and is host to a plant pathogen or insect that is the subject of a quarantine;
 
(2) Is in proximity to a tree or material that exists within the State and is host to a plant pathogen or insect that is the subject of a quarantine; or
 
(3) Is transported into the State in violation of a quarantine established by the director, the Commissioner of Agriculture, Conservation and Forestry or the Secretary of Agriculture of the United States.
 
SUMMARY
This bill amends the rule-making authority of the Maine Forest Service when dealing with introduced forest insects or diseases. Under current law, the agency has the authority to destroy or order the destruction of trees infested with a plant pathogen or insect that is the subject of a quarantine. This bill provides that the agency may develop rules to destroy or order the destruction or other mitigation of nearby trees that are likely to become infested in order to control the spread of the outbreak.