An Act Sec. 5. 38 MRSA §480-Q, sub-§14, as corrected by RR 1993, c. 1, §lI7, is amended to read: 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 wading bird habitat or shorebird feeding or staging area. Within a coastal wetland, the removal of vegetation or displacement of soil associated with or authorized by those lawful activities is not a violation of this article; and
Maine Legislature, Session 123, LD 1477
Committee Amendment CA_A_H388 (House)
Amends: 38 MRSA §480-Q, 38 MRSA §480-E, 38 MRSA §480-F

COMMITTEE AMENDMENT ,fj " to H.P. 1039, L.D. 1477, Bill, 
Concerning the Natural Resources Protection Laws and Related Provisions" 
Amend the bill by striking out all of section 5 and inserting the following: 
"An Act 
'Sec. 5. 38 MRSA §480-Q, sub-§14, as corrected by RR 1993, c. 1, §lI7, is 
amended to read: 
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 
wading bird habitat or shorebird feeding or staging area. Within a coastal wetland, 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 bill in section 7 in §480-CC in subsection 1 in paragraph A in the 2nd line 
(page 3, line 9 in L.D.) by striking out the following: "75-foot-wide" and inserting the 
following: 'IOO-foot-wide' 
Amend the bill in section 7 in §480-CC in subsection 2 in the blocked paragraph in 
the first line (page 3, line 18 in L.D.) by striking out the following: "or feeding" 
Amend the bill in section 7 in §480-CC in subsection 2 in paragraph C in the last line 
(page 3, line 28 in L.D.) by inserting after the following: "view" the following: 'unless 
the department, in consultation with the Department of Inland Fisheries and Wildlife, 
determines there will be no unreasonable impact on the protected resource' 
Amend the bill in section 8 in §480-DD in the 2nd line (page 3, line 31 in L.D.) by 
inserting after the following: "development" the following: 'or topography' 
Amend the bill in section 8 in §480-DD in the first paragraph in the next to the last 
line (page 3, line 36 in L.D.) by inserting after the following: "due to the" the following: 
'topography or' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to H.P. 1039, L.D. 1477 
I 
Amend the bill in section 8 in §480-DD in subsection I in the last line (page 4, line 2 
in L.D.) by inserting after the following: "land use" the following: " presence of cliffs or 
bluffs' 
f 
Amend the bill by inserting after section 8 the following: 
'Sec. 9. 38 MRSA §480-EE is enacted to read: 
§480-EE. Significant wildlife habitat criteria; inland open water 
Regardless of its identification on maps as a high or moderate value waterfowl and 
wading bird habitat, an upland area adjacent to a great pond is not considered high or 
moderate value waterfowl and wading bird habitat for purposes of this article unless the 
upland area is within 250 feet of one or more freshwater wetlands that are high or 
moderate value waterfowl and wading bird habitat. 
Sec. 10. 38 MRSA §480-FF is enacted to read: 
§480-FF. Notification of identification of significant wildlife habitat 
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 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. ' 
Amend the bill in section 13 in the 2nd line (page 4, line 38 in L.D.) by striking out 
the following: "480-CC and 480-DD" and inserting the following: '480-CC, 480-DD and 
480-EE' 
Amend the bill in section 14 by adding at the end the following: 
'The Department of Environmental Protection shall amend its rules to clarify that if 
significant wildlife habitat is not fully contained within a freshwater wetland, the 
department does not have adjacency jurisdiction under the Maine Revised Statutes, Title 
38, section 480-C.' 
Amend the bill by inserting after section 14 the following: 
'Sec. 15. 
Mitigation and compensation standards. 
The Department of 
Environmental Protection shall develop a proposal for mitigation and compensation 
standards for tidal and freshwater significant wildlife habitat. By January 5, 2008, the 
department shall report to the Joint Standing Committee on Natural Resources on its 
proposal, including any legislation necessary to implement the proposal. The Joint 
Standing Committee on Natural Resources may submit legislation related to the proposal 
to the 123rd Legislature.' 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·il " 
to H.P. 1039, L.D. 1477 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
( 
This amendment clarifies that a person lawfully harvesting marine organisms or 
vegetation is not required to obtain a permit under the natural resources protection laws to 
engage in those activities in a coastal wetland containing a high or moderate value 
wading bird habitat or shorebird feeding or staging area. 
It removes from the bill the provision that repeals the exemption for alteration of 
freshwater wetlands associated with the construction, operation, maintenance or repair of 
lOan interstate pipeline. 
II 
It changes the definition of "shorebird feeding area" that is in the bill to include a 
100-foot-wide surrounding buffer. 
It removes from the bill supplemental cutting standards for shorebird feeding buffers. 
It allows the Department of Inland Fisheries and Wildlife to determine that an area is 
not a significant wildlife habitat due to the topography in existence on June 8, 2006. 
It clarifies that upland areas that abut open water on great ponds and are more than 
feet from freshwater wetlands are not regulated under the natural resources protection 
laws. 
It requires the Department of Environmental Protection to notify municipalities and 
members of the Legislature who represent residents of those municipalities if a shorebird 
nesting, feeding or staging area, a significant vernal pool habitat or a high or moderate 
value waterfowl and wading bird habitat is identified by the Department of Inland 
Fisheries and Wildlife after the effective date of the bill. 
It requires the Department of Environmental Protection to amend its rules to clarify 
that significant wildlife habitat that is not fully contained within a freshwater wetland is 
not subject to the department's adjacency jurisdiction under the Maine Revised Statutes, 
Title 38, section 480-C. 
It requires the Department of Environmental Protection to develop a proposal for 
mitigation and compensation standards for tidal and freshwater significant wildlife 
habitat. 
FISCAL ~OTE R£t,lLiKED 
_(Se~!lttached) 
COMMITTEE AMENDMENT 
Approved: 05/30/07 
~ae 
123rd MAINE LEGISLATURE ( 
LD 1477 
LR 643(02) 
An Act Concerning the Natural Resources Protection Laws and Related Provisions 
Fiscal Note for Bill as Amended by Committee Amendment "~,, 
Committee: Natural Resources 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
No net fiscal impact - Other Special Revenue Funds 
Minor cost increase - General Fund 
This legislation makes statutory adjustments to provisions of the Natural Resources Protection Laws. These 
adjustments should have no net impact on the collection of permit application fees by the Department of 
Environmental Protection for the upcoming biennium. Additional costs to the Department of Inland Fisheries and 
Wildlife can be absorbed within existing budgeted resources. 
LR0643(02) - Fiscal Note - Page 1 of 1