Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 335 - SIGNIFICANT WILDLIFE HABITAT › Section 096-335-9 - Significant vernal pool habitat

Current through 2024-29, July 17, 2024
A vernal pool, also referred to as a seasonal forest pool, is
				  a natural, temporary to semi-permanent body of water occurring in a shallow
				  depression that typically fills during the spring or fall and may dry during
				  the summer. Vernal pools have no permanent inlet or outlet and no viable
				  populations of predatory fish. A vernal pool may provide the primary breeding
				  habitat for wood frogs (Rana sylvatica), spotted salamanders (Ambystoma
				  maculatum), blue-spotted salamanders (Ambystoma laterale), and fairy shrimp
				  (Eubranchipus sp.), as well as valuable habitat for other plants and wildlife,
				  including several rare, threatened, and endangered species. A vernal pool
				  intentionally created for the purposes of compensatory mitigation is included
				  in this definition.
Whether a vernal pool is a significant vernal pool is
				  determined by the number and type of pool-breeding amphibian egg masses in a
				  pool, the presence of fairy shrimp, use by rare, threatened or endangered
				  species, or other criteria as specified in Section
				  9(B).Significant
				  vernal pool habitat consists of a vernal pool depression and that portion of
				  the critical terrestrial habitat within 250 feet of the spring or fall high
				  water mark of the depression. An activity that takes place in, on, or over a
				  significant vernal pool habitat must meet the standards of this chapter.
NOTE: The term vernal (vernal = spring) pool is used in the
				  Natural Resources Protection Act, and has typically been used to discuss the
				  types of pools described in Section
				  9. However, because some pools are wet
				  in both spring and fall, and others are never dry, they have also been referred
				  to as "seasonal forest pools." Vernal pool is still a common term, and will
				  continue to be used in this section.
NOTE: The 250 feet of critical terrestrial habitat protected
				  as significant vernal pool habitat is only a portion of the habitat used by
				  adult wood frogs, ambystomatid salamanders, and rare, threatened and endangered
				  species. Tracking studies of adult pool-breeding amphibians have shown that
				  they can travel over a third-mile away from their breeding pool, and that the
				  area within 750 feet of the pool is valuable for protecting viable amphibian
				  populations. The department encourages efforts to protect more habitat adjacent
				  to a vernal pool than this rule has authority over.
NOTE: For more information on identifying vernal pools, see
				  "Maine Citizen's Guide to Locating and Documenting Vernal Pools." Maine Audubon
				  Society, 2003.
A.
Definitions.
As used in this section, unless the context otherwise
				indicates, the following terms have the following meanings.
(1) Critical terrestrial habitat. Uplands and
				wetlands associated with significant vernal pools used by pool breeding
				amphibians for migration, feeding, and hibernation, in particular, forested
				wetlands and forested uplands that provide deep organic litter, coarse woody
				debris and canopy shade.
(2) Egg
				mass. Three or more individual eggs clumped in a gelatinous matrix constitute
				an egg mass. Egg masses often occur in clusters, but each mass within a cluster
				must be counted as an individual egg mass.
(3) Natural. A natural vernal pool includes
				pools of natural origin that have been modified or excavated. A natural vernal
				pool does not include other natural wetland types (wet meadows, marshes, etc.)
				that have been altered and currently function as vernal pools.
(4) Pool-breeding amphibians. Animals that,
				as part of their life cycle, reproduce in vernal pools. Most pool-breeding
				amphibians return to reproduce in the pool where they originated. Most adult
				pool-breeding amphibians spend less than one month in breeding pools; the rest
				of their annual cycle is spent in critical terrestrial habitat.
(5) Qualified individual. An individual who
				has experience and training in either wetland ecology or wildlife ecology and
				therefore has qualifications sufficient to identify and document a significant
				vernal pool.
(6) Significant
				vernal pool. The vernal pool depression within a significant vernal pool
				habitat.
(7) Significant vernal
				pool habitat. A significant vernal pool and that portion of the critical
				terrestrial habitat within 250 feet of the spring or fall high water mark of
				the vernal pool depression.
(8)
				Vernal pool depression or vernal pool. This area includes the vernal pool
				depression up to the spring or fall high water mark, and includes any
				vegetation growing within the depression.