Resolve, Regarding Legislative Review of Chapter 23: Standards for Timber Harvesting To Substantially Eliminate Liquidation Harvesting, a Major Substantive Rule of the Department of Conservation
Maine Legislature, Session 121, LD 1962
Committee Amendment CA_B_H967 (House)

COMMITTEE AMENDMENT "/3,, to H.P. 1466, L.D. 1962, "Resolve, 
Regarding Legislative Review of Chapter 23: Standards for Timber 
Harvesting To Substantially Eliminate Liquidation Harvesting, a 
Major Substantive Rule of the Department of Conservation" 
Amend the resolve by striking out everything after the title 
and before the summary and inserting in its place the following: 
. Sec. 1. Adoption. Resolved: 
That final adoption of Chapter 
23: Standards for Timber Harvesting to substantially eliminate 
Liquidation Harvesting, a provisionally adopted major substantive 
rule of the Department of Conservation that has been submitted to 
the 
Legislature 
for 
review 
pursuant 
to 
the 
Maine 
Revised 
Statutes, Title 5, 
chapter 375, subchapter 2-A, is authorized 
only jE the rule is modified as follows. 
1. 
Sec. 3, identifying the scope and applicability of the 
rule, must be revised to provide that the transfer of title or 
ownership of a parcel of land is not considered a sale, offer for 
sale or conveyance for purposes of this rule if the transferor is 
related 
in 
business 
to 
the 
transferee 
or 
the 
transfer 
is 
incidental 
to 
a 
merger, 
consolidation, 
acquisition 
or 
reorganization of 
a 
business as 
long as, 
subsequent to 
the 
transfer, the transferee is related in business to the transferor. 
In the event of a 
tran~fer of 
of land, 
the provisions of 
transfer had not occurred and 
same entity as the transferor 
rule. 
Timber 
harvesting 
on 
title or ownership of such a parcel 
this rule would apply as if the 
the transferee is deemed to be the 
for the purposes of applying this 
the 
parcel 
is 
subject 
to 
the 
Page l-LR2898(4) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·13" to H.P. 1466, L.D. 1962 
requirements of this rule if any portion of the parcel is sold, 
offered for resale or otherwise conveyed within 5 years of the 
date of the most recent purchase or acquisition of the parcel 
that involved a transfer of title or ownership not described in 
this provision or otherwise exempted pursuant to Sec. 5. 
2. 
The rule must be revised to define "acceptable residual 
tree" as a live tree that is wind-firm and meets the definition 
of acceptable growing stock in Maine Forest Service Rule, Chapter 
20. 
3. 
The rule must be revised to define "related in business" 
as 
any 
of 
the 
following business 
relationships 
between 
the 
transferor and transferee of a parcel of land: 
A. 
The 
transferor 
owns 
a 
controlling interest 
in 
the 
transferee; 
B. 
The 
transferee 
owns 
a 
controlling interest 
in 
the 
transferor; or 
C. 
A 3rd entity owns a controlling interest in both the 
transferor and the transferee. 
4. Sec. 4, the definitions section, must be revised to: 
A. 
Remove the definitions of "adequately stocked stand," 
"high grading," "rare or exemplary natural community" and 
"threatened or endangered species"; 
B. 
Include a definition of "area affected by a harvest" 
that is substantively identical to the definition in the 
proposed revision to the rule prepared by the Maine Forest 
Service, dated April 27, 
2004 and submitted to the Joint 
Standing Committee on Agriculture, Conservation and Forestry 
on April 26, 2004; 
C. 
Amend the definition of "responsible party" to delete 
the reference to a timber harvest plan required by the rule; 
and 
D. 
Amend the definition 
site-specific 
document 
outlining proposed timber 
of "timber harvest plan" 
signed 
by 
a 
licensed 
harvesting activities. 
to mean a 
forester 
5. 
The exemptions section must include the changes to the 
provisionally adopted rule 
found in Sec. 
of the proposed 
revision to the rule prepared by the Maine Forest Service, dated 
April 27, 2004 and submitted to the Joint Standing Committee on 
Agriculture, 
Conservation and Forestry on April 26, 
2004 
and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ~. to H.P. 1466, L.D. 1962 
additionally must include rev~s~ons to Sec. 5, paragraphs E and G 
for 
the 
purpose 
of 
allowing 
these 
exemptions 
to 
apply 
to 
landowners with less than 100 acres of forestland statewide, and 
on 
parcels 
containing 
less 
than 
acres 
of 
forestland, 
respectively. 
6. 
The first paragraph in Sec. 6 Harvest Standards of the 
provisionally adopted rule must be amended to clarify that the 
harvest standards in this rule do not apply to a harvest subject 
to and in compliance with the clear-cutting standards in Maine 
Forest Service Rule, Chapter 20. 
The first paragraph in Sec. 6 
Harvest 
Standards 
must 
also 
be 
amended 
to 
require 
timber 
harvesting 
under 
this 
rule 
to 
include 
measures 
to 
protect 
advanced regeneration by minimizing the area damaged by logging 
equipment. 
7. 
The harvest standards described under Options 1 and 3 in 
Sec. 
of the provisionally adopted rule must be removed and 
replaced with standards specifying the criteria for an acceptable 
residual stand. 
The rule must provide for a harvest to be in 
compliance with the rule if the residual stand meets one of the 
following criteria: 
A. 
The average basal area of acceptable residual trees 4.5 
inches and larger in diameter at breast height must equal or 
exceed 45 square feet per acre; 
B. A minimum of 600 trees per acre must be present. To be 
included in .the 600-tree count a tree must meet the criteria 
for acceptable residual tree and be a minimum of 3 feet in 
height if a softwood or a minimum of 5 feet in height if a 
hardwood; or 
C. A minimum of 375 trees per acre must be present. To be 
included in the 375-tree count a tree must meet the criteria 
for acceptable residual tree and be a minimum of 10 feet in 
height if a softwood or a minimum of 20 feet in height if a 
hardwood. 
8'. 
Option 2 in Sec. 6 of the provisionally adopted rule 
must be amended to allow a landowner to be accredited and qualify 
for this option when the landowner is conducting or supervising a 
harvest that occupies an area of 100 acres or less. 
9. 
Option 4 in Sec. 
of the provisionally adopted rule 
must be amended as in the proposed revision to the rule prepared 
by the Maine Forest Service, dated April 27, 2004 and submitted 
to the Joint Standing Committee on Agriculture, Conservation and 
Forestry on April 26, 2004. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 'h' to H.P. 1466, L.D. 1962 
10. 
Sec. 7 of the provisionally adopted rule must include 
language 
to 
clarify 
that 
a 
forester, 
timber 
harvester 
or 
landowner's designated agent is not liable for a violation of the 
rule if that person was not aware at the time of the harvest that 
the landowner intended to sell the land in violation of the 
liquidation harvesting rule. 
The Commissioner of Conservation is not required to hold 
hearings or conduct other formal proceedings prior to finally 
adopting the rule in accordance with this resolve. 
At the time 
of final adoption, the commissioner shall make available to the 
public 
a 
document 
that 
allows 
comparison 
of 
the 
rule 
provisionally adopted on April 14, 2004 and the rule authorized 
and finally adopted in accordance with this resolve.' 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee 
on 
Agriculture, 
Conservation 
and 
Forestry. 
This 
amendment authorizes final adoption of the provisionally adopted 
rule provided the revisions specified are made. 
It removes the 
emergency preamble and clause from the resolve. 
COMMITTEE AMENDMENT