An Act Concerning the Natural Resources Protection Laws and Related Provisions
Maine Legislature, Session 123, LD 1477
Committee Amendment CA_A-SA_A_S224 (Senate)

SENATE AMENDMENT" A" to COMMITTEE AMENDMENT "A" to H.P. 
1039, L.D. 1477, Bill, "An Act Concerning the Natural Resources Protection Laws and 
Related Provisions" 
Amend the amendment in section 5 by striking out all of subsection 14 (page 1, lines 
to 20 in amendment) and inserting the following: 
'14. Lawful harvesting of marine organisms or vegetation in coastal wetlands. 
A person lawfully engaged in the harvesting of marine organisms or vegetation under the 
provisions of Title 12, chapter 605 is not required to obtain a permit to engage in those 
activities in a coastal wetland or a coastal wetland containing a high or moderate value 
waterfowl or wading bird habitat or shorebird feeding or staging area. Within a coastal 
wetland or a coastal wetland containing a high or moderate value waterfowl or wading 
bird habitat or shorebird feeding or staging area, the removal of vegetation or 
displacement of soil associated with or authorized by those lawful activities is not a 
violation of this article; and' 
Amend the amendment by striking out all of the 5th and 6th indented paragraphs after 
the title (page 1, lines 24 to 29 in amendment) and inserting the following: 
'Amend the bill in section 7 in §480-CC by striking out all of subsection 2 and 
inserting the following: 
'2. Cutting standards within roosting and feeding buffers. The cutting standards 
in this subsection apply in addition to the permitting standards in section 480-D. 
A. Cutting or removal of vegetation within a roosting buffer is prohibited except as 
approved by the department for: 
(1) Removal of a safety hazard; 
(2) Cutting or removal of vegetation to allow for a footpath not to exceed 6 feet 
in width as measured between tree trunks and shrub stems. The footpath may not 
result in a cleared line of sight to the water; and 
SENATE AMENDMENT 
<' 
SENATE AMENDMENT "/\ " to COMMITTEE AMENDMENT "A" to H.P. 1039, L.D. 1477 
(3) 
Cutting or removal of vegetation determined to be necessary by the 
department in order to conduct other activities approved by the department 
pursuant to section 480-C and in accordance with the standards of this article and 
rules adopted pursuant to this article, including but not limited to avoidance, 
minimization and no unreasonable impact. The department may not approve 
cutting or removal of vegetation for purposes of creating a view unless the 
department in consultation with the Department of Inland Fisheries and Wildlife 
determines there will be no unreasonable impact on the protected resource. 
Any cutting or removal of vegetation under this paragraph must be done in 
consultation with and as approved by the Department of Inland Fisheries and 
Wildlife. 
B. Cutting or removal of vegetation within a feeding buffer is prohibited except as 
approved by the department for: 
(1) 
Cutting or removal of vegetation that meets the vegetative screening 
standards set forth in Title 38, section 439-A, subsection 6. In interpreting and 
enforcing these standards, the department shall rely upon the department's 
shoreland zoning rules regarding cutting or removal of vegetation for activities 
other than timber harvesting and apply the cutting standards applicable within 75 
feet of a coastal wetland to the entire 100-foot feeding buffer; and 
(2) 
Cutting or removal of vegetation determined to be necessary by the 
department in order to conduct other activities approved by the department 
pursuant to section 480-C and in accordance with the standards of this article and 
rules adopted pursuant to this article, including but not limited to avoidance, 
minimization and no unreasonable impact. 
This paragraph may not be construed to limit a municipality's authority under home 
rule to adopt ordinances containing stricter standards than those contained in this 
paragraph.' , 
SUMMARY 
The amendment clarifies that the cutting standards applied within 100 feet of a 
shorebird feeding area are those that are used within 75 feet of a coastal wetland under 
shore land zoning. 
The amendment also makes 2 changes to the proposed exemption for lawful 
harvesting. It clarifies that the exemption applies to waterfowl as well as wading bird 
SENATE AMENDMENT 
, 
I 
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SENATE AMENDMENT ';1 "to COMMITTEE AMENDMENT "A" to H.P. 1039, L.D. 1477 
habitat and that the removal of vegetation or displacement of soil associated with lawful 
harvesting activities is not a violation of the natural resources protection laws. 
FISCAL NOTE REQUIRED 
,/ _ 
~See attached) 
SPONSORED BY: _--J.~~~~~' 
~i::.J..!..,--<L~~cc:=::::::-,"-, 
(Senator RA YE) 
----0 
COUNTY: Washington 
SENATE AMENDMENT 
Approved: 06/04/07 frac:.. 
LD 1477 
LR 643(04) 
An Act Concerning the Natural Resources Protection Laws and Related Provisions 
Fiscal Note for Senate Amendment ':A" to Committee Amendment "A" 
Sponsor: Sen. Raye of Washington 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
LR0643(04) - Fiscal Note - Page I of I