An Act To
Maine Legislature, Session 127, LD 0870
Committee Amendment CA_A_S252 (Senate)
Amends: 12 MRSA §8423-C, 12 MRSA §8431

COMMITTEE AMENDMENT" A" to S.P. 315, L.D. 870, Bill, "An Act To 
Amend the Maine Spruce Budwonn Management Laws" 
Amend the bill in section 2 by striking out all of subsection 4-A (page I, lines 16 and 
in L.D.) and inserting the following: 
'4-A. Presalvage and salvage harvesting. The regulation of pre salvage and salvage 
harvesting designed to reduce losses of timber while protecting 'public trust re~ources rmd 
supporting the protection of wildlife habitat through the retention of non-susceptible tree 
species where silviculturally and ecologically appropriate;' 
Amend the bill by striking out all of section 12 (page 2, lines 23 to 35 and page 3, 
lines 1 to 23 in L.D.) and inserting the following: 
'Sec. 12. 12 MRSA §8423-C is enacted to read: 
§8423-C. Presalvage and salvage harvesting 
1. Regulation. The Department of Agriculture, Conservation and Forestry shall 
regulate the presalvage and salvage harvesting of forest stands in areas that, based on the 
proportion of balsam fir, white spruce, red spruce, black spruce, other softwood and 
hardwood components present, have significant risk of damage from spruce budworm 
and are subject to a credible threat of imminent spruce budwonn damage. 
A. 
The assessments of risk and vulnerability of a specific forest stand must be 
supported by adequate data, including but not limited to: 
(1) Forest stand type information; and 
(2) A documented history of elevated spruce budworm moth presence or foliage 
damage from spruce budworm feeding. 
B. The director shall designate areas for presalvage and salvage harvesting subject to 
rules adopted pursuant to subsection 5 no later than January 1st of each year. Areas 
designated for presalvage and salvage harvesting must be inspected and verified by a 
COMMITTEE AMENDMENT 
,., (It(; ~, 
'("-'1 
COMMITTEE AMENDMENT" It" to S,P, 315, LD. 870 
licensed forester in the employ of the bureau. The director shall seek public comment 
for a 30-day period prior to designating such areas. 
C. A forest stand that is identified for presalvage and salvage harvesting must be 
located within the areas designated pursuant to paragraph B. 
2. Notification. Prior to beginning timber harvesting pursuant to this subchapter, a 
landown~r or d~signated ~gent shall ~~tify the bureau inaccOl~da;lce with the notification 
requirements set forth in chapter 805, subchapter 5. 
3. Reporting. Timber harvests conducted pursuant to this subchapter are subject to 
the same reporting requirements set forth in chapter 805, subchapter 5, except that the 
director may require additional information to be reported to satisfy the requirements of 
this subchapter. 
4. Confidentiality. Reports filed in accordance with subsection 3 are confidential. 
The director may publish summary reports that use aggregated data that do not reveal the 
activities of an individual person or film. Reports submitted pursuant to subsection 3 
must be available for the use of the State Tax Assessor for the administration of Title 36. 
5. 
Rules. 
The commissioner shall adopt rules to implement this SUbchapter, 
including rules establishing spruce budworm timber harvesting standards. Rules adopted 
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
A. The rules must: 
(1) Exclude presalvage and salvage harvesting in protection subdistricts within 
the jurisdiction of the Maine Land Use Planning Commission andin areas subject 
to timber harvesting regulation under section 8867-B; 
(2) Identify the areas subject to a credible threat of imminent spruce budworm 
damage and the forest stand criteria needed for presalvage and salvage 
harvesting; and 
(3) Define the size and scope of presalvage and salvage harvesting projects that 
will require additional review by the bureau. 
B. The Commissioner of Agriculture, Conservation and Forestry shall consult with 
the Commissioner of Environmental Protection and the Commissioner of Inland 
Fisheries and Wildlife to ensure that rules adopted under this subsection are 
consistent with wildlife habitat and environmen~al protection. 
C. Except as otherwise provided in this subchapter or in rules developed pursuant to 
this subsection, the provisions of chapter 805, subchapter 3-A do not apply to 
presalvage and salvage harvesting.regulated under this SUbchapter. 
D. The rules must provide that regeneration requirements adopted by rule pursuant to 
section 8869, subsection 1 apply to spruce budworm timber harvesting conducted 
pursuant to this subchapter. 
6. Penalties. A person who violates this section or a rule adopted pursuant to this 
section commits a civil violation and is subject to the following penalties: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 315, L.D. 870 
A 
A person who violates this section or a rule adopted pursuant to this section 
commits a civil violation for which a fine of not less than $100 and not more than 
$1,000 may be adjudged for each day of that violation; and 
B. A person who violates this section or a rule adopted pursuant to this section after 
having previously been adjudicated of a violation of this section within the previolls 
5-year period commits a civil violation for which a fine of not less than $1,000 but 
not more than $2,000 may be adjudged for each day of that violation. 
If the economic benefit resulting from the violation exceeds the applicable penalties 
UIlderp'a~ag~aphs A and B, the maximum fines. may be increased. The maximum fine 
may not exceed an amount equal to twice the economic benefit resulting from the 
violation. The bureau shall consider as economic benefit, without limitation, the costs 
av~id~d or the enhanced value accrued at the time of the violation by the violator as a 
result of not complying with the applicable legal requirements.' 
Amend the bill in section 29 by striking out all of subsection 10 (page 5, lines 9 to 21 
in L.D.) and inserting the following: 
'10. 
Report. 
The director shall, at the end of each calendar year, undertake a 
oomplete .finanoial review of any spruce bu~wonn management program activities 
undertaken that year and shall make a full repmi on the activities to the joint standing 
committee of the Legislature having jurisdiction over forestry management· ~natters 
during the next session of the Legislature. The report shall must include, but i§. not ge 
limited to, souroes of funding, private, state or federal and total expenditures broken 
sown in the follovi'ing oategories: Inseotioises, airoraft, monitoring, researoh and othef 
appropfiateoategories. Also to be included shall be a statement of any remaining balanoe 
by souroe, .private, state or federal spruce budwonn survey and monitoring activities and 
findings, outcomes of any resear~h' or m~thods dev~lop;n~nt 'activ;tie~, l~vels and 
outc~~e~ o{iia~ve~t Inonitoring forharVe~ts'~o~duct~dunder rules adopte'd pursuant to 
this subchapter, scopes of lan~o\\lner assistance ac;tivities conducted and other issues as 
appf(?l?riat~~ 
Th~ Department of Agriculture, .Conservatioll and Forestry, 130ard of 
Pesticides Qontrol must reRort infonnation on snray activities related to spruce budwonn 
ma~~gement' a~~' o;;tcom~s annuallyt~ th~' bureau n~ . later tha~ Ma~ch 1 ~t.Rep~rts 
required under this subsection must use aggregated data that do not reveal the activities of 
an' individuai personorfirm.i 
.. 
.' .. '.. 
. 
. 
Amend the bill by striking out all of section 31 (pag~ 5, lines 24 to 41 in L.D.) and 
inserting the following: 
'Sec. 31. 12 MRSA §8431 is enacted to read: 
§8431. Effe~t of other la';Vs 
This subchapter does not exempt any presalvage and salvage harvesting on public 
reserved lands and nonreserved public lands from any other law governing management 
of those lands, including but not limited to management of deer wintering areas.' 
Amend the bill by inserting after section 32 the following: 
'Sec. 33. Appropriations and allocations. The following appropriations and 
allocations are made, 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "11 "to S,P. 315, L.D. 870 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Forest Health and Monitoring Z233 
Initiative: Provides funding for one-time rule-making costs related to presalvage and 
salvage harvesting of forest stands. 
~ 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2015-16 
$3,700 
$3,700 
2016-17 
$0 
$0 
This unanimous committee amendment amends the process for regulation of 
presalvage and salvage harvesting, includes additional parameters for the rule-making 
process, establishes penalties and defines the effect of other laws on such presalvage and 
salvage harvesting. The amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/09115 
frac 
LD 870 
LR 445(02) 
An Act To Amend the Maine Spruce Budworm Management Laws 
Fiscal Note for Bill as Amended by Committee Amendment ':q.' (S·-;;2 S.J. ') 
Committee: Agriculture, Conservation and Forestry 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2015-16 
FY 2016-17 
Proj ections 
FY 2017-18 
Proj ections 
FY 2018-19 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
$3,700 
$0 
$3,700 
$0 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
$0 
$0 
The bill requires the Department of Agriculture, Conservation and Forestry (ACF) to adopt rules to regulate the 
presalvage and salvage harvesting of forest stands. Any additional costs to the Department of Inland Fisheries and 
Wildlife and the Department of Environmental Protection to ensure that these adopted rules are consistent with 
wildlife habitat and environmental protection are expected to be minor. This bill includes a General Fund 
appropriation of $3,700 in fiscal year 2015-16 to ACF for one-time rulemaking costs. 
LR0445(02) - Fiscal Note - Page 1 of 1 
$0 
$0