An Act To Streamline the Administration of Significant Vernal Pool Habitat Protection
Maine Legislature, Session 123, LD 1952
Committee: Natural Resources
Sponsors: KOFFMAN, MARTIN, DUCHESNE, PINGREE
Amends: 38 MRSA §480-F

Legislative Document 
No. 1952 
H.P.1390 
House of Representatives, December 20, 2007 
An Act To Streamline the Administration of Significant Vernal Pool 
Habitat Protection 
Submitted by the Department of Environmental Protection pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 18,2007. Referred to the Committee on 
Natural Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative KOFFMAN of Bar Harbor. 
Cosponsored by Senator MARTIN of Aroostook and 
/Jl~m·711~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: DUCHESNE of Hudson, PINGREE of North Haven, W AGNER of Lewiston. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §480-FF, as enacted by PL 2007,:. 290, § 1 0, is amended to 
read: 
§480-FF. Notification of identification; high and moderate value waterfowl and 
wading bird habitats and 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 (2) or (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 si~nificant 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. 
). 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. 
A. When a vernal pool habitat has not previously been determined to be significant 
3) 
and the Department of Environmental Protection or the Department of Inland 
Fisheries and Wildlife makes a determination concerning whether the vernal pool 
habitat is significant, either department may determine that the vernal pool habitat is 
not significant if: 
(1) The vernal pool is I~cated in southern Maine and dries out after spring filling 
and before July 15th based on winter, spring and early summer precipitation; or 
(2) The vernal pool is located in northern Maine and dries out after spring filling 
and before July 31st based on winter, spring and early summer precipitation. 
B. In addition to state threatened and endangered species, the following rare species 
must be considered when determining whether a vernal pool habitat is significant: 
I 
II 
'1'1 
~ ... 
Ribbon Snakes, Wood Turtles, Swamp Darner Dragonflies and Comet Darner 
Dragonflies. 
C. In order to be identified as part of significant vernal pool habitat, the vernal pool 
may not have a permanent inlet or outlet. A "permanent inlet or outlet" is a river, 
stream or brook as defined in the Maine Revised Statutes, Title 38, section 480-8, 
subsection 9. 
2. The Department of Environmental Protection may delete a note in rule concerning 
rare indicator species, notwithstanding Resolve 2005, chapter 183, section I, 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. 
SUMMARY 
This bill narrows the requirement for notification concerning significant wildlife 
habitats from those listed in the Maine Revised Statutes, Title 38, section 480-8, 
subsection 10, paragraph B to those listed in section 480-B, subsection 10, paragraph B, 
subparagraphs (2) and (3), thereby removing vernal pools from the operation of that 
notification statute. 
The bill provides further requirements for the Department of 
Environmental Protection to incorporate into rules regarding the identification of 
significant vernal pool habitats. 
The bill further requires the Department of Inland 
Fisheries and Wildlife to amend its regulatory definition of "significant vernal pools" 
consistent with this change where applicable.