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An Act To Establish Trail Standards in Deer Wintering Areas
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §685-A, sub-§3, ¶F, as amended by PL 1983, c. 114, §1, is further amended to read:
 
F. Reflect a consideration of the availability and capability of the natural resources base, including soils, topography or sufficient healthful water supplies; and
Sec. 2. 12 MRSA §685-A, sub-§3, ¶G, as amended by PL 1995, c. 65, Pt. A, §26 and affected by §153 and Pt. C, §15, is further amended to read:
 
G. Regulate, as necessary, motor vehicles as defined in Title 29-A, section 101, subsection 42, on icebound inland lakes that are completely encompassed by unorganized territories during the hours from sunset to sunrise of the following day.; and
Sec. 3.  12 MRSA §685-A, sub-§3, ¶H  is enacted to read:
 
H.  Incorporate standards for construction of all trails in deer wintering areas established pursuant to section 10107, subsection 3.
Sec. 4.  12 MRSA §10107, sub-§3  is enacted to read:
 
3.  Rules for trails in deer wintering areas; penalty.     The commissioner, in consultation with the Maine Land Use Planning Commission and the Commissioner of Agriculture, Conservation and Forestry, shall adopt rules establishing standards for the construction of all trails within deer wintering areas identified pursuant to subsection 1. The commissioner shall specify construction standards designed to minimize impact on the deer in these areas.
 
A.  Standards adopted by the commissioner under this subsection must ensure that trails are designed, constructed and maintained to avoid erosion and sedimentation, limit clearing of vegetation, limit structural development, protect deer from undue disturbance during critical winter time and otherwise promote and protect deer wintering habitat.
 
B.  The Maine Land Use Planning Commission shall incorporate the standards adopted pursuant to this subsection in land use standards prescribed under section 685-A, subsection 3.
 
C.  A person who constructs a trail in a deer wintering area in violation of rules adopted under this subsection commits a civil violation for which a fine of not more than $10,000 may be adjudged.
 
SUMMARY
This bill directs the Commissioner of Inland Fisheries and Wildlife, in consultation with the Maine Land Use Planning Commission and the Commissioner of Agriculture, Conservation and Forestry, to adopt rules that establish standards for the construction of trails in deer wintering areas. This bill also directs the Maine Land Use Planning Commission to incorporate these standards for the construction of trails in deer wintering areas in the State's land use standards.