An Act to Move the Natural Areas Program from the Department of
Maine Legislature, Session 132, LD 0402
Committee: Agriculture, Conservation and Forestry
Sponsors: DILL
Amends: 12 MRSA §541-A, 12 MRSA §544, 12 MRSA §544-B, 12 MRSA §544-C, 12 MRSA §10001, 12 MRSA §10053, 12 MRSA §10105, 12 MRSA §10108, 12 MRSA §10268, 12 MRSA §10301, 12 MRSA §10308, 12 MRSA §10309, 12 MRSA §12803, 12 MRSA §12804, 12 MRSA §12805, 12 MRSA §12806, 12 MRSA §12808, 12 MRSA §12808-A, 12 MRSA §12810, 36 MRSA §1109, 38 MRSA §480-B, 38 MRSA §480-U, 38 MRSA §480-X, 38 MRSA §480-Y, 38 MRSA §488, 38 MRSA §490-D, 38 MRSA §490-Z

Legislative Document
No. 402
H.P. 256
House of Representatives, February 4, 2025
An Act to Move the Natural Areas Program from the Department of 
Agriculture, Conservation and Forestry to the Department of Inland 
Fisheries and Wildlife and to Amend the Law Governing 
Administration of the Bureau of Resource Management Within the 
Department of Inland Fisheries and Wildlife
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DILL of Old Town.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA c. 201-A, sub-c. 1, as amended, is further amended by amending 
the subchapter headnote to read:
SUBCHAPTER 1
DIVISION OF GEOLOGY, NATURAL AREAS AND COASTAL RESOURCES
Sec. 2.  12 MRSA §541-A, as amended by PL 2021, c. 398, Pt. YYY, §1, is further 
amended to read:
§541-A.  Division of Geology, Natural Areas and Coastal Resources
The Division of Geology, Natural Areas and Coastal Resources is established within 
the Department of Agriculture, Conservation and Forestry and is administered by the 
commissioner.  The division consists of the Maine Geological Survey, referred to in this 
chapter as "the "survey," and the Natural Areas Program."
Sec. 3.  12 MRSA §544, as amended by PL 2011, c. 655, Pt. II, §3 and affected by 
§11 and amended by c. 657, Pt. W, §§5 and 6, is repealed.
Sec. 4.  12 MRSA §544-B, as amended by PL 2007, c. 395, §§10 and 11, is repealed.
Sec. 5.  12 MRSA §544-C, as enacted by PL 1999, c. 556, §13, is repealed.
Sec. 6.  12 MRSA §10001, sub-§19, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
19.  Endangered fish or wildlife species.  "Endangered fish or wildlife species" means 
a species of fish or wildlife that has been determined by the commissioner to be in danger 
of extinction throughout all or a significant portion of its range and that is listed as a state 
endangered species under section 12803, subsection 3.
Sec. 7.  12 MRSA §10001, sub-§35-A is enacted to read:
35-A.  Invasive species.  A nonnative fish, wildlife or plant species that causes 
economic or environmental harm by developing self-sustaining populations that become 
dominant or disruptive to native species or natural habitats.
Sec. 8.  12 MRSA §10001, sub-§42-D is enacted to read:
42-D.  Natural area.  "Natural area" means any area of land or water, or both land and 
water, whether publicly or privately owned, that retains or has reestablished its natural 
character, though it need not be completely natural and undisturbed, and that supports, 
harbors or otherwise contains endangered, threatened or rare plants, animals and 
ecosystems or associated habitats of scientific and ecological value.
Sec. 9.  12 MRSA §10001, sub-§62, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read:
62.  Threatened fish or wildlife species.  "Threatened fish or wildlife species" means 
a species of fish or wildlife that has been determined by the commissioner as likely to 
become an endangered species within the foreseeable future throughout all or a significant 
portion of its range and that is listed as a state threatened species under section 12803, 
subsection 3.
Sec. 10.  12 MRSA §10053, as amended by PL 2017, c. 205, §§2 to 4, is further 
amended to read:
§10053.  Bureau of Resource Management
The Bureau of Resource Management is established within the Department of Inland 
Fisheries and Wildlife. The bureau is equal in organizational level and status with other 
major organizational units within the department or its successors. The bureau is 
administered by a director of wildlife and a director of fisheries and hatcheries who is are 
immediately responsible to the deputy commissioner. The director possesses directors 
possess full authority and responsibility for administering all the powers and duties of the 
bureau within their respective divisions, subject to the direction of the commissioner and 
except as otherwise provided by statute. The responsibilities of the bureau include, but are 
not limited to:
1.  Wildlife conservation and management.  The conservation and management of 
the wildlife resources in the State for their preservation, protection, enhancement and use;
2.  Fisheries conservation and management.  The conservation and management of 
the inland fisheries resources in the public waters of the State for their preservation, 
protection, enhancement and use;
3.  Propagation of fish.  The propagation of fish for the effective conservation and 
management of inland fisheries resources in public waters of the State;
4.  Habitat conservation and management.  The conservation and management of 
habitat for the protection, preservation, enhancement and use of inland fisheries and 
wildlife resources, plants and natural areas;
5.  Wildlife sanctuaries; wildlife management areas.  The management of wildlife 
sanctuaries and wildlife management areas for the State as designated in chapter 925;
6.  Data collection.  The collection of data for the effective management of inland 
fisheries and wildlife resources, plants and natural areas;
7.  Research and monitoring.  Research and monitoring activities for the effective 
conservation and management of inland fisheries and wildlife resources, plants and natural 
areas;
8.  Animal damage control.  The coordination of animal damage control functions 
throughout the State, including supplemental assistance for the control of coyotes and other 
nuisance wildlife that exceeds normal funding and staffing levels within the department;
9.  Rules.  The development of rules governing the effective conservation and 
management of the inland fisheries and wildlife resources of the State;
10.  Land acquisition.  The acquisition and development of land for the protection, 
preservation and enhancement of inland fisheries and wildlife resources, plants and natural 
areas; and
11.  Resource planning.  The coordination with other resource management staff to 
develop both short-term and long-term plans for the preservation, protection, enhancement 
and use of inland fisheries and wildlife resources, plants and natural areas. The bureau shall 
undertake activities as directed by the commissioner.; and
12.  Invasive species management.  The management of invasive species for the 
protection of inland fisheries and wildlife resources, plants and natural areas.
Sec. 11.  12 MRSA §10105, sub-§19, as enacted by PL 2021, c. 65, §2, is amended 
to read:
19.  Species Fish or wildlife species of special concern.  The commissioner by rule 
shall establish criteria for determining when a species of fish or wildlife that is not an 
endangered species or a threatened species is of special concern.  The rules may include 
different criteria for categories of species of special concern, including a category for 
species that are rare.   The rules must list the species that meet the criteria established in 
rule. The commissioner shall use the list in administering section 12152 and may also use 
the list in administering any other laws or programs or when providing advisory 
recommendations to other entities or agencies on fish and wildlife matters in accordance 
with applicable laws or rules.
Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 
375, subchapter 2‑A.
Sec. 12.  12 MRSA §10108, sub-§11, ¶B, as enacted by PL 2003, c. 655, Pt. B, 
§30 and affected by §422, is amended by amending subparagraph (1) to read:
(1)  An agent may use snares only for animal damage control purposes to help meet 
management goals established by the commissioner for deer, threatened fish or 
wildlife species or endangered fish or wildlife species or other wildlife species or 
to benefit agricultural interests as described in paragraph C.
Sec. 13.  12 MRSA §10108, sub-§11, ¶B, as enacted by PL 2003, c. 655, Pt. B, 
§30 and affected by c. 655, Pt. B, §422, is amended by amending the 2nd blocked paragraph 
to read:
The commissioner shall adopt policies and procedures on the use of snares as necessary 
to minimize the potential for taking nontarget species and to adequately protect 
threatened and endangered fish or wildlife species.
Sec. 14.  12 MRSA §10268 is enacted to read:
§10268.  Natural Areas Conservation Fund
1.  Fund established.  The Natural Areas Conservation Fund, referred to in this section 
as "the fund," is established as a nonlapsing separate account to be administered by the 
commissioner to fund investigation, conservation and management of native plants and 
natural areas as described in this chapter and for administrative and personnel costs for the 
purposes of this section.
2.  Funding.  Income from gifts, bequests, devises, grants, fees and other sources may 
be deposited in the fund.
3.  Use of the fund.  The commissioner may make grants from the fund to any person, 
organization, state agency or other entity to undertake inventory of and research about 
native plants and natural areas.  
Funds in the fund, including earnings, may not be deposited in the General Fund or any 
other fund except as provided by law.
Sec. 15.  12 MRSA §10301, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9 and amended by PL 2011, c. 657, Pt. W, §6, is repealed.
Sec. 16.  12 MRSA §10308, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9 and amended by PL 2011, c. 657, Pt. W, §6, is further amended to 
read:
1.  Members.  The board consists of 7 members.  The commissioner, the Commissioner 
of Agriculture, Conservation and Forestry and the Coordinator of the Natural Areas 
Program Commissioner of the Department of Marine Resources are permanent members 
and their designees may represent them at board meetings.  The Governor shall appoint the 
remaining 4 citizen members subject to the review of the joint standing committee of the 
Legislature having jurisdiction over natural resources matters and confirmation by the 
Senate.  One of these members must be a representative of a state sportsmen's organization 
of persons who hunt, fish or trap, one must be a representative of a state wildlife 
conservation organization and one must work in a field related to natural resources.
Sec. 17.  12 MRSA §10309, sub-§2, ¶D, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:
D.  Rare or exemplary natural communities or ecosystems as determined by the State's 
Natural Areas Program database Department of Inland Fisheries and Wildlife;
Sec. 18.  12 MRSA c. 925, as amended, is amended by amending the chapter 
headnote to read:
CHAPTER 925
FISH AND, WILDLIFE AND NATURAL AREAS MANAGEMENT AND 
RESEARCH
Sec. 19.  12 MRSA c. 925, sub-c. 3, as amended, is amended by amending the 
subchapter headnote to read:
SUBCHAPTER 3
ENDANGERED FISH AND WILDLIFE SPECIES; MANAGEMENT AND 
RESEARCH
Sec. 20.  12 MRSA §12803, as amended by PL 2023, c. 60, §§1 to 19, is further 
amended to read:
§12803.  Designation of endangered species of fish or wildlife
1.  Standards.  The commissioner shall recommend a species of fish or wildlife to be 
listed as endangered or threatened whenever the commissioner finds one of the following 
to exist:
A.  The present or threatened destruction, modification or curtailment of its habitat or 
range;
B.  Overutilization for commercial, sporting, scientific, educational or other purposes;
C.  Disease or predation;
D.  Inadequacy of existing regulatory mechanisms; or
E.  Other natural or human-made factors affecting its continued existence within the 
State.
2.  Commissioner's duties.  In recommending a species of fish or wildlife to be listed 
as endangered or threatened, the commissioner shall:
A.  Make use of the best scientific, commercial and other data available;
B.  Consult, as appropriate, with federal agencies, other interested state agencies, other 
states having a common interest in the species of fish or wildlife and interested persons 
and organizations;
C.  Maintain a list of all species of fish or wildlife that the Legislature has designated 
to be endangered or threatened, naming each species by both its scientific and common 
name, if any, and specifying over what portion of its range each species so designated 
is endangered or threatened; and
D.  Report to the joint standing committee of the Legislature having jurisdiction over 
inland fisheries and wildlife matters no less frequently than every 4 years on any 
recommendations, status updates or changes to the list of fish or wildlife species 
designated as endangered or threatened.
3.  Legislative authority.  The Legislature, as sole authority, shall designate a species 
of fish or wildlife as a state endangered or state threatened species.  The list of state 
endangered or state threatened species of fish or wildlife by common name, scientific name 
and status is as follows:
A.  Least tern, Sterna antillarum, endangered;
B.  Golden eagle, Aquila chrysaetos, endangered;
C.  Piping plover, Charadrius melodus, endangered;
D.  Sedge wren, Cistothorus stellaris, endangered;
E.  Grasshopper sparrow, Ammodramus savannarum, endangered;
G.  Black racer, Coluber constrictor, endangered;
H.  Roseate tern, Sterna dougallii, endangered;
I.  Northern bog lemming, Synaptomys borealis, threatened;
J.  Blanding's turtle, Emydoidea blandingii, endangered;
K.  Black tern, Chlidonias niger, endangered;
L.  American pipit, Anthus rubescens (breeding population only), endangered;
M.  Peregrine falcon, Falco peregrinus (breeding population only), endangered;
N.  Roaring Brook mayfly, Epeorus frisoni, threatened;
O.  Ringed boghaunter, Williamsonia lintneri, threatened;
P.  Clayton's copper, Tharsalea dorcas claytoni, threatened;
Q.  Edwards' hairstreak, Satyrium edwardsii, endangered;
R.  Hessel's hairstreak, Callophrys hesseli, endangered;
S.  Katahdin arctic, Oeneis polixenes katahdin, endangered;
T.  Spotted turtle, Clemmys guttata, threatened;
V.  Razorbill, Alca torda, threatened;
W.  Atlantic puffin, Fratercula arctica, threatened;
X.  Harlequin duck, Histrionicus histrionicus, threatened;
Y.  Arctic tern, Sterna paradisaea, threatened;
Z.  Upland sandpiper, Bartramia longicauda, threatened;
AA.  Swamp darter, Etheostoma fusiforme, threatened;
BB.  Tidewater mucket, Atlanticoncha ochracea, threatened;
CC.  Yellow lampmussel, Lampsilis cariosa, threatened;
DD.  Tomah mayfly, Siphlonisca aerodromia, threatened;
FF.  Twilight moth, Lycia rachelae, threatened;
GG.  Pine barrens zanclognatha, Zanclognatha martha, threatened;
HH.  Redfin pickerel, Esox americanus americanus, endangered;
II.  Juniper hairstreak, Callophrys gryneus, endangered;
KK.  New England cottontail, Sylvilagus transitionalis, endangered;
LL.  Black-crowned night heron, Nycticorax nycticorax, endangered;
MM.  Common gallinule, Gallinula galeata, threatened;
NN.  Great cormorant, Phalacrocorax carbo (breeding population only), threatened;
OO.  Short-eared owl, Asio flammeus (breeding population only), threatened;
PP.  Arctic fritillary, Boloria chariclea grandis, threatened;
QQ.  Sleepy duskywing, Erynnis brizo, threatened;
RR.  Boreal snaketail, Ophiogomphus colubrinus, threatened;
SS.  Brook floater, Alasmidonta varicosa, threatened;
TT.  Barrow's goldeneye, Bucephala islandica, threatened;
UU.  Least bittern, Ixobrychus exilis, endangered;
VV.  Cobblestone tiger beetle,  Cicindela marginipennis, endangered;
WW.  Frigga fritillary, Boloria frigga saga, endangered;
XX.  Little brown bat, Myotis lucifugus, endangered;
YY.  Northern long-eared bat, Myotis septentrionalis, endangered;
ZZ.  Eastern small-footed bat, Myotis leibii, threatened;
AAA.  Six-whorl vertigo, Vertigo morsei, endangered;
BBB.  Ashton's cuckoo bumble bee, Bombus ashtoni, endangered;
CCC.  Bank swallow, Riparia riparia, threatened;
DDD.  Bicknell's thrush, Catharus bicknelli, threatened;
EEE.  Blackpoll warbler, Setophaga striata, threatened;
FFF.  Cliff swallow, Petrochelidon pyrrhonota, threatened;
GGG.  Margined tiger beetle, Ellipsoptera marginata, threatened;
HHH.  Saltmarsh sparrow, Ammodramus caudacutus, endangered; and
III.  Tricolored bat, Perimyotis subflavus, threatened.
4.  Process for recommendation; notice and hearings.  Prior to recommending an 
addition, deletion or other change to the endangered and threatened species listed in 
subsection 3, the commissioner shall provide for public notice and at least one public 
hearing on that proposed recommendation in accordance with the provisions of Title 5, 
chapter 375, subchapter 2.
5.  Designation by Legislature.  The Legislature may not amend the list of endangered 
or threatened species in subsection 3 except upon the recommendation of the 
commissioner.
Sec. 21.  12 MRSA §12804, as amended by PL 2015, c. 301, §40, is further amended 
to read:
§12804.  Conservation of endangered species of fish or wildlife
1.  Conservation of nongame and endangered species of fish or wildlife.  The 
commissioner may establish such programs as are necessary to bring any endangered or 
threatened species of fish or wildlife to the point where it is no longer endangered or 
threatened, including:
A.  Acquisition of land or aquatic habitat or interests in land or aquatic habitat;
B.  Propagation;
C.  Live trapping;
D.  Transplantation.  Prior to the transplantation, introduction or reintroduction of an 
endangered or threatened species of fish or wildlife in the State, the commissioner shall, 
in conjunction with the Department of Marine Resources, when appropriate, develop a 
recovery plan for that species, conduct a public hearing on that recovery plan pursuant 
to Title 5, Part 18 and submit that plan to the joint standing committee of the Legislature 
having jurisdiction over inland fisheries and wildlife matters.  The introduction or 
reintroduction of that species must be conducted in accordance with the recovery plan 
developed under this paragraph and may not begin sooner than 90 days after all 
conditions of this paragraph have been met; and
E.  In the extraordinary case where population pressures within a given group 
ecosystem can not be otherwise relieved, regulated taking.
2.  Habitat.  For species of fish or wildlife designated as endangered or threatened 
under this subchapter the commissioner may by rule identify areas currently or historically 
providing physical or biological features essential to the conservation of the species and 
that may require special management considerations.  Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
3.  Protection guidelines.  The commissioner may by rule develop guidelines for the 
protection of species of fish or wildlife designated as endangered or threatened under this 
subchapter.  Rules adopted pursuant to this subsection are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2‑A.
5.  Confidential information.  Specific information concerning the location of a 
threatened or endangered species of fish or wildlife is confidential and not a public record 
under Title 1, chapter 13 if, in the judgment of the commissioner, disclosure of that 
information would threaten the continued existence of the threatened or endangered 
species. If the commissioner determines that information is confidential under this 
subsection, the commissioner may not disclose the information except to the landowner 
whose property is the location of the threatened or endangered species.
Sec. 22.  12 MRSA §12805, as enacted by PL 2003, c. 414, Pt. A, §2 and affected 
by Pt. D, §7 and c. 614, §9, is amended to read:
§12805.  Cooperative agreements
The commissioner may enter into agreements with federal agencies, other states, 
political subdivisions of this State or private persons for the establishment and maintenance 
of programs for the conservation of endangered or threatened species of fish or wildlife and 
may receive all federal funds allocated for obligations to the State pursuant to these 
agreements.
Sec. 23.  12 MRSA §12806, sub-§1, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:
A.  Significantly alter the habitat identified under section 12804, subsection 2 of any 
species of fish or wildlife designated as threatened or endangered under this 
subchapter; or
Sec. 24.  12 MRSA §12806, sub-§2, ¶A, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is amended to read:
A.  The commissioner certifies that the proposed action would not pose a significant 
risk to any population of endangered or threatened species of fish or wildlife within the 
State; and
Sec. 25.  12 MRSA §12808, as amended by PL 2019, c. 267, §§1 and 2 and corrected 
by RR 2019, c. 1, Pt. A, §§11 and 12, is further amended to read:
§12808.  Unauthorized activities regarding endangered or threatened species of fish 
or wildlife
For the purposes of this section and section 12808‑A, "to take," "take" and "taking" 
mean the act or omission that results in the death of any endangered or threatened species 
of fish or wildlife.
1.  Prohibited acts regarding endangered or threatened species of fish or wildlife; 
negligence.  Except as provided in section 12808‑A, a person may not negligently:
A.  Import into the State or export out of the State any endangered or threatened species 
of fish or wildlife.  A person who violates this paragraph commits a Class E crime, for 
which a fine of $1,000 must be adjudged, none of which may be suspended;
B.  Hunt, take, trap, harass or possess any endangered or threatened species of fish or 
wildlife within the State.  A person who violates this paragraph commits a Class E 
crime, for which a fine of $1,000 must be adjudged, none of which may be suspended;
C.  Possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means 
whatsoever, any endangered or threatened species of fish or wildlife or any part of an 
endangered or threatened species of fish or wildlife.  A person who violates this 
paragraph commits a Class E crime, for which a fine of $1,000 must be adjudged, none 
of which may be suspended; or
D.  Feed or set bait for any endangered or threatened species of fish or wildlife.  A 
person who violates this paragraph commits a Class E crime for which a fine of $1,000 
must be adjudged, none of which may be suspended.
1-A.  Prohibited acts regarding endangered or threatened species of fish or 
wildlife; intentional.  Except as provided in section 12808‑A, a person may not 
intentionally:
A.  Import into the State or export out of the State any endangered or threatened species 
of fish or wildlife.  A person who violates this paragraph commits a Class D crime, for 
which a fine of $2,000 must be adjudged, none of which may be suspended;
B.  Hunt, take, trap, harass or possess any endangered or threatened species of fish or 
wildlife within the State.  A person who violates this paragraph commits a Class D 
crime, for which a fine of $2,000 must be adjudged, none of which may be suspended;
C.  Possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means 
whatsoever, any endangered or threatened species of fish or wildlife or any part of an 
endangered or threatened species of fish or wildlife.  A person who violates this 
paragraph commits a Class D crime, for which a fine of $2,000 must be adjudged, none 
of which may be suspended; or
D.  Feed or set bait for any endangered or threatened species of fish or wildlife.  A 
person who violates this paragraph commits a Class D crime, for which a fine of $2,000 
must be adjudged, none of which may be suspended.
Sec. 26.  12 MRSA §12808-A, as enacted by PL 2015, c. 423, §2, is amended to 
read:
§12808-A.  Authorized activities regarding endangered or threatened species of fish 
or wildlife
Notwithstanding section 12808 and notwithstanding section 10650 as it applies to rules 
adopted in accordance with this subchapter, the commissioner may authorize certain 
activities regarding endangered or threatened species of fish or wildlife in accordance with 
the following.
1.  Education, research, conservation and transportation.  Under such terms and 
conditions as the commissioner prescribes, the commissioner may:
A.  Authorize an act prohibited by section 12808 or by rule for educational or scientific 
purposes or to enhance the recovery or survival of an endangered or threatened species 
of fish or wildlife; and
B.  Authorize a person to transport without restriction but in accordance with the terms 
of any federal or state permit an endangered or threatened species of fish or wildlife 
into, within or out of the State.
2.  Specific activity; incidental take plan.  Under such terms and conditions as the 
commissioner prescribes, the commissioner may authorize a person to take an endangered 
or threatened species of fish or wildlife pursuant to an incidental take plan if:
A.  The taking is incidental to, and not the purpose of, carrying out an otherwise lawful 
activity;
B.  The taking will not impair the recovery of any endangered or threatened species of 
fish or wildlife; and
C.  The person develops and implements an incidental take plan in accordance with 
subsection 5 and that plan is approved by the commissioner.  The commissioner may 
modify or waive the requirement under this paragraph if the commissioner determines 
the criteria in subsection 5 are substantially addressed in another permit, license or 
agreement.
The commissioner shall seek input from knowledgeable individuals or groups on each 
proposed incidental take plan developed under this subsection.
If the person violates any of the terms or conditions of an authorization granted pursuant to 
this subsection, the authorization must be immediately suspended or revoked and the 
person is subject to the prohibitions and penalties in section 12808 for that violation.
3.  Widespread activity; incidental take plan.  Under such terms and conditions as 
the commissioner prescribes, the commissioner may authorize the taking of an endangered 
or threatened species of fish or wildlife pursuant to a widespread activity incidental take 
plan developed by the commissioner in accordance with subsection 5 if:
A.  The taking is incidental to, and not the purpose of, carrying out an otherwise lawful 
activity;
B.  The taking will not impair the recovery of any endangered or threatened species of 
fish or wildlife; and
C.  The commissioner determines that the activity is widespread, is conducted by a 
reasonably identifiable group of participants and poses a manageable risk of taking an 
endangered or threatened species of fish or wildlife.
The commissioner shall hold at least one public hearing and seek input from knowledgeable 
individuals or groups on each proposed incidental take plan developed under this 
subsection.
If a person violates any of the terms or conditions of an authorization granted pursuant to 
this subsection, the authorization must be immediately suspended or revoked for that 
person and that person is subject to the prohibitions and penalties in section 12808 for that 
violation.
4.  Broad activity exemption.  The commissioner may adopt rules to provide an 
exemption, under such terms and conditions as the commissioner determines necessary, for 
a specific activity otherwise prohibited by section 12808, if the commissioner determines 
the exemption:
A.  Addresses a specific activity that is widespread in its occurrence but may not have 
a reasonably identifiable group of participants;
B.  Poses little or no risk of taking an endangered or threatened species of fish or 
wildlife; and
C.  Will not individually or cumulatively impair the recovery of any endangered or 
threatened species of fish or wildlife.
The commissioner shall hold at least one public hearing and seek input from knowledgeable 
individuals or groups on each proposed rule to provide a broad activity exemption.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2‑A.
5.  Incidental take plan criteria.  The commissioner may approve or adopt an 
incidental take plan developed pursuant to subsection 2 or 3 that minimizes the incidental 
taking of an endangered or threatened species of fish or wildlife and that provides the 
following:
A.  A description of the specific activities sought to be authorized by the incidental 
take plan and an analysis of potential alternatives;
B.  The individual and cumulative effects that may reasonably be anticipated to result 
from the proposed actions covered by the incidental take plan;
C.  The recovery measures the applicant will implement to prevent, minimize and 
mitigate the individual and cumulative effects and any provisions that are necessary to 
prevent, minimize and mitigate circumstances that are likely to impair the recovery of 
any endangered or threatened species of fish or wildlife covered by the incidental take 
plan;
D.  The procedures for monitoring the effectiveness of the recovery measures in the 
incidental take plan;
E.  The anticipated costs of implementing the incidental take plan and the availability 
of necessary funding for the applicant to implement the plan; and
F.  Other modifications to the incidental take plan or additional measures, if any, that 
the commissioner may require and such other matters as the commissioner determines 
to be necessary for the recovery of species of fish or wildlife consistent with this 
section.
Sec. 27.  12 MRSA §12810, as amended by PL 2019, c. 267, §3, is further amended 
to read:
§12810.  Delisted species of fish or wildlife
1.  Definition.  For purposes of this section, "delisted species" means a fish or wildlife 
species that was listed as a state endangered or threatened species under section 12803 and 
after 2007 was removed from that list by the Legislature.  The following is a delisted 
species of fish or wildlife:
A.  Bald eagle, Haliaeetus leucocephalus.
2.  Prohibited acts regarding delisted fish or wildlife species.  Except as otherwise 
authorized by the commissioner pursuant to this Part, a person may not intentionally:
A.  Import into the State or export out of the State a delisted fish or wildlife species. A 
person who violates this paragraph commits a Class D crime, for which a fine of $2,000 
must be adjudged, none of which may be suspended;
B.  Hunt, trap, harass or possess a delisted fish or wildlife species within the State. A 
person who violates this paragraph commits a Class D crime, for which a fine of $2,000 
must be adjudged, none of which may be suspended; or
C.  Process, sell, offer for sale, deliver, carry, transport or ship, by any means 
whatsoever, a delisted fish or wildlife species or any part of a delisted fish or wildlife 
species. A person who violates this paragraph commits a Class D crime, for which a 
fine of $2,000 must be adjudged, none of which may be suspended.
Sec. 28.  12 MRSA c. 925, sub-c. 4 is enacted to read:
SUBCHAPTER 4
NATURAL AREAS, RESEARCH AND MANAGEMENT
§12821.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Endangered plant species.  "Endangered plant species" means any native plant 
species that is in danger of extinction throughout all or a significant portion of its range 
within the State.
2.  Rare plant.  "Rare plant" means any species of native plant listed as endangered, 
threatened or considered vulnerable in the State due to factors such as endemism, scarcity, 
special habitat, range limits or population decline.
3.  Threatened plant species.  "Threatened plant species" means any species of native 
plant likely to become an endangered species within the foreseeable future throughout all 
or a significant portion of its range in the State.
§12822.  Commissioner's authority regarding conservation of natural areas
1.  Inventory of natural areas.  The commissioner shall conduct an ongoing statewide 
inventory of the State's natural areas, including, but not limited to, rare plants, animals, 
natural communities and ecosystems or associated habitats and may conduct investigations 
related to the population, habitat needs, limiting factors and other biological and ecological 
data to support the mandates of the department or other cooperating agencies.  
2.  Natural heritage database.  The commissioner shall maintain a natural heritage 
database that must contain data from inventories and other data sources and other relevant 
biological, ecological or other information about natural areas described in subsection 1 
and about ecologically significant sites that harbor or otherwise contain these features.  
Information contained in the natural heritage database may be made available as necessary 
or appropriate for conservation and land use planning, environmental review, scientific 
research and inquiry, education or other appropriate use.  For the purposes of this 
subsection, "appropriate use" is one that will not jeopardize endangered species or habitats.
3.  Ecological reserves database.  The commissioner shall maintain a database of areas 
designated as ecological reserves as defined in section 1801, subsection 4‑A and other 
public lands designated and managed for equivalent purposes and shall provide scientific 
review of areas on state land proposed as ecological reserves.
4.  Promotion of conservation of natural areas.  The commissioner shall promote 
the conservation of natural areas by:
A.  Making available current and accurate information to all appropriate entities to 
interpret, educate or otherwise inform so as to support planning and conservation 
activities in this State;
B.  Promoting voluntary action to conserve and protect natural areas in this State;
C.  Entering into agreements with landowners of natural areas to promote appropriate 
and effective management of these areas in order to maintain and enhance the natural 
value of these areas. The commissioner shall notify landowners of natural areas of the 
natural value of their land and the implications of voluntary conservation; and 
D.  Developing and disseminating educational or technical materials for the purpose of 
informing the general public and other interested persons or institutions about natural 
areas and the value of these areas.
§12823.  Endangered plant species and threatened plant species
The commissioner has the following responsibilities related to endangered plant 
species and threatened plant species.
1.  Official list of endangered plant species and threatened plant species.  The 
commissioner shall establish and maintain an official list of endangered plant species and 
threatened plant species of the State. The purpose of the list is informational and may be 
provided on an informational basis to public agencies, private institutions or individuals 
for environmental assessment, land management or educational purposes.
2.  Identification procedures.  The commissioner may establish procedures to 
substantiate the identification of endangered plant species and threatened plant species. In 
determining and revising the official list under subsection 1, the commissioner shall use 
the department's rare plant database and the knowledge of botanists in the State. In addition, 
the commissioner shall consult with federal agencies, interested state agencies, other states 
or provinces having a common interest and other interested persons and organizations. The 
commissioner shall determine criteria for each category. When establishing the list, the 
commissioner shall consider aspects of plant biology that contribute to a species' rarity, 
such as:
A.  Endemism. A plant species or subspecies may be geographically restricted to the 
State or areas immediately adjacent to the State; 
B.  Scarcity. A plant species or subspecies may be scarce throughout its distribution in 
North America and occur in only a few locations in the State; 
C.  Special habitat. A plant species or subspecies may require habitat that is scarce in 
the State;
D.  Limit of range. A plant species or subspecies in the State may be at the edge of its 
distribution or disjunct from its main distribution; and 
E.  Population decline or vulnerability. A plant species or subspecies may be threatened 
or seriously declining due to habitat modification or destruction or from overcollection 
for commercial, recreational or educational purposes.
3.  Public hearing.  The commissioner shall conduct at least one public hearing to 
allow for public comment before establishing or revising the official list under subsection 
1.
4.  Review of inventory.  The commissioner shall review the official list under 
subsection 1 biennially and add or delete a plant species or subspecies based on new 
botanical inventory data, taxonomic or other scientific studies or other documentation.
§12824.  Sensitive information
The commissioner may withhold specific information on the location of a plant species, 
subspecies or natural area and its component features if, in the judgment of the 
commissioner, disclosure of this information would threaten the existence of that species 
or subspecies or natural area. The commissioner may not deny a landowner or landowner's 
designee information about species, subspecies or natural areas occurring on the 
landowner's property or withhold this information from usual environmental review 
procedures of local, state or federal regulatory agencies.
Sec. 29.  36 MRSA §1109, sub-§3, ¶M, as amended by PL 2007, c. 627, §29, is 
further amended to read:
M.  The identification of the land or of outstanding natural resources on the land by a 
legislatively mandated program, on the state, local or federal level, as particular areas, 
parcels, land types or natural resources for protection, including, but not limited to, the 
register database of critical areas under identified pursuant to Title 12, section 544‑B 
10053; the laws governing wildlife sanctuaries and management areas under Title 12, 
section 10109, subsection 1 and Title 12, sections 12706 and 12708; the laws governing 
the State's rivers under Title 12, chapter 200; the natural resource protection laws under 
Title 38, chapter 3, subchapter 1, article 5‑A; and the Maine Coastal Barrier Resources 
Systems under Title 38, chapter 21;
Sec. 30.  38 MRSA §480-B, sub-§1-C is enacted to read:
1-C.  Critically imperiled.  "Critically imperiled" means a natural community, 
ecosystem or species of fish, wildlife or plant that is at very high risk of extirpation in this 
State due to very restricted range, very few populations or occurrences, very steep declines, 
severe threats or other factors. This is given a ranking code of S1 within the state ranking 
scale applied to a natural community, ecosystem or species of fish, wildlife or plant as 
determined by the Department of Inland Fisheries and Wildlife.
Sec. 31.  38 MRSA §480-B, sub-§5-D is enacted to read:
5-D.  Imperiled.  "Imperiled" means a natural community, ecosystem or species of 
fish, wildlife or plant that is at high risk of extirpation in this State due to restricted range, 
few populations or occurrences, steep declines, severe threats or other factors. This is given 
a ranking code of S2 within the state ranking scale applied to a natural community, 
ecosystem or species of fish, wildlife or plant as determined by the Department of Inland 
Fisheries and Wildlife.
Sec. 32.  38 MRSA §480-B, sub-§10, ¶B, as amended by PL 2023, c. 156, §§1 and 
2, is further amended by amending subparagraph (4) to read:
(4)  Habitat for state endangered and state threatened species of fish or wildlife 
listed under Title 12, section 12803, subsection 3 that is within another protected 
natural resource area or that is located wholly or partly within the boundaries of a 
proposed project site that requires approval from:
(a)  The department pursuant to this article or article 6, 7 or 8‑A, except for 
activity or development on a residential lot that is not part of a proposed multi 
lot housing development; or
(b)  The Maine Land Use Planning Commission pursuant to this article as 
provided in section 480‑E‑1 or, for subdivisions and nonresidential uses only, 
pursuant to Title 12, chapter 206‑A.
Sec. 33.  38 MRSA §480-U, sub-§2, ¶A, as amended by PL 2009, c. 561, §38, is 
further amended by amending subparagraph (3) to read:
(3)  Contains endangered plant species or threatened plant species as defined in 
determined pursuant to Title 12, section 544 12823;
Sec. 34.  38 MRSA §480-X, sub-§5, as amended by PL 1999, c. 556, §32, is further 
amended to read:
5.  Additional projects not eligible for Tier 2 review.  An activity in freshwater 
wetlands containing a natural community that is imperiled (S2) or critically imperiled (S1), 
as defined determined by the Natural Areas Program pursuant to Title 12, section 544 
Commissioner of Inland Fisheries and Wildlife is not eligible for Tier 2 review unless the 
department determines that the activity will not negatively affect the freshwater wetlands 
and other protected natural resources present.
Sec. 35.  38 MRSA §480-Y, sub-§2, ¶C, as amended by PL 1999, c. 556, §33, is 
further amended to read:
C.  The pond may not be located in a wetland containing endangered plant species or 
threatened plant species as determined pursuant to Title 12, section 544‑B, subsection 
12823 or containing a natural community that is imperiled (S2) or critically imperiled 
(S1) as defined determined by the Natural Areas Program pursuant to Title 12, section 
Commissioner of Inland Fisheries and Wildlife.
Sec. 36.  38 MRSA §488, sub-§19, ¶D, as amended by PL 2011, c. 655, Pt. FF, 
§13 and affected by §16 and amended by c. 657, Pt. W, §5, is further amended to read:
D.  The former State Planning Office or the Department of Agriculture, Conservation 
and Forestry or the Department of Inland Fisheries and Wildlife has determined that 
the municipality has a comprehensive land use plan and land use ordinances or zoning 
ordinances that are consistent with Title 30‑A, chapter 187 in providing for the 
protection of wildlife habitat, fisheries, unusual natural areas and archaeological and 
historic sites.
Sec. 37.  38 MRSA §490-D, sub-§1, as amended by PL 2009, c. 293, §5, is further 
amended to read:
1.  Significant wildlife habitat and other protected areas.  Affected land may not be 
located in, on or over a significant wildlife habitat or other type of protected natural 
resource, as defined in section 480‑B, or in an area listed pursuant to the Natural Areas 
Program, Title 12, section 544 12822.  The department may allow excavation to occur 
under this section as long as a permit is obtained pursuant to article 5‑A.  Permit 
requirements for certain excavations in, on or over high and moderate value inland 
waterfowl and wading bird habitat are also governed by section 480‑GG.
Sec. 38.  38 MRSA §490-Z, sub-§1, as amended by PL 2009, c. 293, §6, is further 
amended to read:
1.  Significant wildlife habitat and other protected areas.  Affected land may not be 
located in, on or over a significant wildlife habitat or other type of protected natural 
resource, as defined in section 480‑B, or in an area listed pursuant to the Natural Areas 
Program, Title 12, section 544 12822.  The department may allow excavation to occur 
under this section as long as a permit is obtained pursuant to article 5‑A.  Permit 
requirements for certain excavations in, on or over high and moderate value inland 
waterfowl and wading bird habitat are also governed by section 480‑GG.
SUMMARY
This bill repeals the laws governing the Natural Areas Program administered by the 
Department of Agriculture, Conservation and Forestry and reassigns certain 
responsibilities under the program to the Department of Inland Fisheries and Wildlife.  The 
bill updates relevant definitions in the Maine Revised Statutes, Title 12 and 
cross-references in Titles 36 and 38 to reflect these changes. The bill also establishes the 
Natural Areas Conservation Fund, which is administered by the Commissioner of Inland 
Fisheries and Wildlife. It also replaces the coordinator of the Natural Areas Program with 
a person appointed by the commissioner who is responsible for monitoring natural areas.