An Act To Promote Stewardship of Forest Resources
Maine Legislature, Session 121, LD 1616
Committee: Agriculture, Conservation and Forestry
Sponsors: COLWELL, BRYANT, FLETCHER, KOFFMAN, PINEAU, SAVIELLO, SMITH, DAGGETT, KNEELAND
Amends: 12 MRSA §8869

12lst MAINE LEGISLATURE 
Legislative Document 
No. 1616 
H.P.1194 
House of Representatives, May 15,2003 
An Act To Promote Stewardship of Forest Resources 
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed. 
'!r/~/J?~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Speaker COLWELL of Gardiner. (GOVERNOR'S BILL) 
Cosponsored by Senator BRYANT of Oxford and 
Representatives: FLETCHER of Winslow, KOFFMAN of Bar Harbor, McKEE of Wayne, 
PINEAU of Jay, SAVIELLO of Wilton, SMITH of Monmouth, Senators: President 
DAGGETT of Kennebec, KNEELAND of Aroostook. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 12 MRSA c. 80S, sub-c. 3-A, §8866 is enacted to read: 
§8866. 
Purpose 
The Legislature finds and declares that the State's forests 
are resources of state significance. 
These resources have great 
economic value, environmental value, 
scenic beauty and unique 
characteristics 
and 
unsurpassed 
recreational, 
cultural 
and 
historical values of present and future benefit to the citizens 
of the State. 
The well-being of communities of the State depends 
upon sustainable forest management. 
Liquidation harvesting is a 
serious and direct threat to forest management, forest industries 
and rural communities over the landscape of Maine. 
Liquidation 
harvesting 
produces 
significant 
adverse 
economic 
and 
environmental 
effects 
and 
threatens 
the 
health, 
safety 
and 
general welfare 
of 
the citizens of 
the State. 
Liquidation 
harvesting is incompatible with responsible forest stewardship 
and must be substantially eliminated. 
Sec. A-2. 12 MRS A §8868, sub-§6 is enacted to read: 
6. 
Liquidation harvesting. 
"Liquidation harvesting" means 
the purchase of timberland followed by a harvest that removes 
most or all commercial value in standing timber, without regard 
for long-term forest management principles, and the subsequent 
sale or attempted resale of the harvested land within 5 years. 
Sec. A-3. 12 MRSA §8869, first" as enacted by PL 1989, c. 
555, §10, is amended to read: 
To promote a healthy and sustainable forest that contains a 
balance of age classes necessary for a sustainable timber supply 
and spatial and compositional diversity, forest harvesting saa±± 
se and liquidation harvesting are regulated pursuant to this 
subchapter. 
Sec. A-4. 12 MRSA §8869, sub-§14 is enacted to read: 
14. 
Substantial elimination of liquidation harvesting. 
The 
commissioner 
shall 
adopt 
rules 
to 
substantially 
eliminate 
liquidation harvesting. 
Sec. A-S. Rulemaking regardi~g liquidation harvesting. 
No later 
than February 1, 2004, 
the Commissioner of Conservation shall 
provisionally 
adopt 
rules 
to 
substantially 
eliminate 
liquidation 
harvesting 
by 
requiring 
measures 
that 
include, 
without 
limitation, 
increased 
professional 
involvement 
in 
planning and implementation of timber harvesting activities on 
forest lands. 
Rules adopted pursuant to this section must require that 
timber harvesting activities 
be 
conducted with attention to 
long-term forest management principles. 
The rules must include 
appropriate exemptions, including, but not limited to, exemptions 
for 
landowners 
and 
land managers 
with 
independent 
3rd-party 
certification, harvests covering small acreages 
and permitted 
land conversions. 
The rules must apportion appropriate legal 
responsibilities 
to 
landowners, 
foresters 
and 
loggers 
for 
compliance with the rules. 
The 
Commissioner of Conservation shall consult with the 
Commissioner of Environmental Protection and the Commissioner of 
Inland Fisheries and Wildlife to ensure that Bureau of Forestry 
rules 
regarding 
forestry 
practices 
are 
consistent 
with 
environmental and wildlife habitat protection. 
Rules adopted pursuant to this section are major substantive 
rules as defined in the Maine Revised Statutes, Title 5, chapter 
375, subchapter 2-A and must be submitted to the Legislature no 
later than March 1, 2004 for review. 
PART B 
Sec. B-1. Report to Legislature. 
No later than January 2, 2004, 
the 
Commissioner 
of 
Conservation shall 
report to 
the 
Joint 
Standing Committee on Agriculture, Conservation and Forestry with 
recommendations and an implementation plan for solutions to the 
issue of liquidation harvesting. 
The commissioner shall review, 
at a minimum, the following: 
1. 
Improvements 
to standards and guidelines 
for 
timber 
harvests; 
2. 
Increased professional involvement in timber harvests; 
3. 
Improved professional accountability of foresters; 
4. 
Modifications to land use laws; 
5. 
Disincentives to liquidation harvesting; 
6. 
Incentives 
for 
landowners 
who 
receive 
independent, 
3rd-party certification that their forest lands are well managed; 
7. 
Economic policies to expand markets for forest products 
harvested from well-managed forests and to promote Maine as a 
world leader in green-certified forest lands, as certified by the 
Forest Stewardship Council and forest products; and 
8. 
Other relevant approaches. 
In conducting the review, 
the commissioner shall solicit 
input 
from 
representatives 
of 
the 
forestry 
industry, 
state 
agencies, 
municipalities, 
industrial 
and 
nonindustrial 
landowners, environmental groups, Legislators and members of the 
public. 
The final report must include proposed changes to existing 
laws, 
rules 
and 
policies 
necessary 
to 
implement 
the 
recommendations. 
Sec. B-2. Legislation authorized. 
The Joint Standing Committee 
on Agric.ulture, Conservation and Forestry may report out a bill 
to 
the 
Second 
Regular 
Session of 
the 
to 
implement any or all of the provisions of the plan recommended 
under section 1 of this Part or revisions to the plan approved by 
the committee. 
SUMMARY 
Part 
A of this bill defines 
the public's 
forests, 
defines 
"liquidation 
harvesting" 
and 
Commissioner 
of 
Conservation 
to 
adopt 
rules 
prohibiting liquidation harvesting. 
interest in 
requires 
the 
substantially 
The commissioner is required to provisionally adopt major 
substantive 
rules 
to 
eliminate 
liquidation 
harvesting 
by 
requiring measures that include, without limitation, increased 
professional involvement in planning and implementation of timber 
harvesting activities on forest lands. 
Part B requires the Commissioner of Conservation to develop 
recommendations 
for 
additional 
solutions 
to 
the 
issue 
of 
liquidation 
harvesting. 
It 
requires 
the 
Department 
of 
Conservation to provide a final report no later than January 2, 
2004 to the Joint Standing Committee on Agriculture, Conservation 
and Forestry and authorizes the committee to report out a bill to 
the Second Regular Session of the 121st Legislature to implement 
the recommendations in the report.