An Act to Include Endangered and Threatened Species Habitat in the Definition of "Significant Wildlife Habitat" Under the Natural Resources Protection Act
Maine Legislature, Session 131, LD 1246
Committee: Environment and Natural Resources
Sponsors: GRAMLICH, BRENNER, BELL, CAMPBELL, CLUCHEY, DOUDERA, LANDRY, O'NEIL, SOBOLESKI, BENNETT
Amends: 38 MRSA §480-B

Legislative Document
No. 1246
H.P. 794
House of Representatives, March 21, 2023
An Act to Include Endangered and Threatened Species Habitat in 
the Definition of "Significant Wildlife Habitat" Under the Natural 
Resources Protection Act
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator BRENNER of Cumberland and
Representatives: BELL of Yarmouth, CAMPBELL of Orrington, CLUCHEY of Bowdoinham, 
DOUDERA of Camden, LANDRY of Farmington, O'NEIL of Saco, SOBOLESKI of Phillips, 
Senator: BENNETT of Oxford.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §480-B, sub-§10, ¶A, as amended by PL 2009, c. 561, §37, is 
further amended to read:
A.  The following areas to the extent that they have been mapped by the Department 
of Inland Fisheries and Wildlife or are within any other protected natural resource:  
habitat, as defined by the Department of Inland Fisheries and Wildlife, for species 
appearing on the official state or federal list of endangered or threatened animal 
species; high and moderate value deer wintering areas and travel corridors as defined 
by the Department of Inland Fisheries and Wildlife; seabird nesting islands as defined 
by the Department of Inland Fisheries and Wildlife; and critical spawning and nursery 
areas for Atlantic salmon as defined by the Department of Marine Resources; and
Sec. 2.  38 MRSA §480-B, sub-§10, ¶B, as enacted by PL 2005, c. 116, §2, is 
amended to read:
B.  Except for solely forest management activities, for which "significant wildlife 
habitat" is as defined and mapped in accordance with section 480‑I by the Department 
of Inland Fisheries and Wildlife, the following areas that are defined by the Department 
of Inland Fisheries and Wildlife and are in conformance with criteria adopted by the 
Department of Environmental Protection or are within any other protected natural 
resource:
(1)  Significant vernal pool habitat;
(2)  High and moderate value waterfowl and wading bird habitat, including nesting 
and feeding areas; and
(3)  Shorebird nesting, feeding and staging areas.; and
(4)  Habitat for state endangered and state threatened species listed under Title 12, 
section 12803, subsection 3.
Sec. 3.  38 MRSA §480-BB, first ¶, as enacted by PL 2005, c. 116, §5, is amended 
to read:
The Department of Inland Fisheries and Wildlife shall adopt rules that define 
"significant vernal pool habitat," "high and moderate value waterfowl and wading bird 
habitat," and "shorebird nesting, feeding and staging areas" and "habitat for state 
endangered and state threatened species listed under Title 12, section 12803, subsection 3" 
under section 480‑B, subsection 10, paragraph B.  The Department of Environmental 
Protection shall adopt rules regarding the criteria used to determine whether an area is 
significant vernal pool habitat, high and moderate value waterfowl and wading bird habitat 
or shorebird nesting, feeding and staging areas under section 480‑B, subsection 10, 
paragraph B.  The rules, as applicable, must:
SUMMARY
This bill amends the Natural Resources Protection Act by adding to the definition of 
"significant wildlife habitat" the habitat of species appearing on the official state 
endangered species and state threatened species list. This bill also requires the Department 
of Inland Fisheries and Wildlife to define "habitat for state endangered and state threatened 
species" by major substantive rules.