Public Laws

Chapter 533

H.P. 1390 - L.D. 1952

An Act To Streamline the Administration of Significant Vernal Pool Habitat Protection

Emergency preamble. Whereas,  acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

Whereas,  the determination of whether or not a vernal pool habitat is significant for the purposes of the Natural Resources Protection Act is necessary to ensure proper protection of the resource; and

Whereas,  the timeframe for making a determination of whether a vernal pool habitat is not significant and therefore not protected under the Natural Resources Protection Act needs to be expanded prior to the commencement of the next field determination season; and

Whereas,  in order to reduce confusion, clarification of the specific types of rare species that must be evaluated in determining whether a vernal pool habitat is significant is needed prior to the commencement of the next field determination season; and

Whereas,  in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Sec. 1. 38 MRSA §480-FF,  as enacted by PL 2007, c. 290, §10, is amended to read:

§ 480-FF.  Notification of identification; shorebird nesting, feeding and staging areas

If an area is identified by the Department of Inland Fisheries and Wildlife as the type of area listed in section 480-B, subsection 10, paragraph B , subparagraph (3) after the effective date of this section, the department shall notify each municipality in which the significant wildlife habitat is located and members of the Legislature who represent residents of the municipality in which the significant wildlife habitat is located. The department and the Department of Inland Fisheries and Wildlife shall report to the joint standing committees of the Legislature having jurisdiction over natural resources matters and inland fisheries and wildlife matters on any action taken pursuant to this section.

Sec. 2. Rulemaking; Department of Inland Fisheries and Wildlife. The Department of Inland Fisheries and Wildlife shall amend its rules on significant wildlife habitat to update the definition of "vernal pools" to be consistent with the requirements of section 3 where applicable. Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, notwithstanding Title 38, section 480-BB.

Sec. 3. Rulemaking; Department of Environmental Protection. The Department of Environmental Protection shall amend its rules on significant wildlife habitat to incorporate the requirements of this section. The requirements specified in this section are not intended to replace existing requirements in rules, except that, if there is a conflict between the requirements specified in this section and the rules, the rules must be revised to reflect the requirements specified in this section.

1. The following requirements apply to the identification of significant vernal pool habitats and must be employed when implementing significant wildlife habitat rules adopted by the Department of Environmental Protection and the Department of Inland Fisheries and Wildlife pursuant to the Maine Revised Statutes, Title 38, section 480-BB.

2. The Department of Environmental Protection may delete a note in rule concerning rare indicator species, notwithstanding Resolve 2005, chapter 183, section 1, subsection 10.

Rules adopted pursuant to this section are routine technical rules as defined in the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, notwithstanding Title 38, section 480-BB.

Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.