Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 10 - SIGNIFICANT WILDLIFE HABITAT › Section 137-10-02 - Definitions

Current through 2024-29, July 17, 2024
When used to define and map significant wildlife habitat, the
				  following words and terms will have the following meanings:
1.
Habitat for species appearing on the official state
				  or federal lists of endangered and threatened species
. The Department
				  reserves this subsection for future definition.
2.
High and moderate value deer wintering area
.
				  An area used by deer when snow depth exceeds 12 inches in the open and
				  hardwoods, deer sinking depth exceeds 8 inches in the open and hardwoods, and
				  mean daily temperature is below 32 degrees Fahrenheit, provided that:
a. Using Department Deer Wintering Area and Travel Corridor
				  procedure dated 12/22/93, deer use is documented during a minimum of two years
				  in the most recent 10 year period at the time of designation, with one being a
				  ground survey;
b. Using Department Deer Wintering Area and Travel Corridor
				  mapping criteria dated 12/22/93, the area excludes nonforested wetlands,
				  agriculture, development, clearcuts, hardwood forest types, and forest stands
				  dominated by Eastern larch; and
c. Using the Department Deer Wintering Area and Travel
				  Corridor rating procedure dated 12/22/93, the area through a combination of
				  intensity of deer use, quality of softwood shelter, and area size is rated high
				  or moderate.
3.
High and moderate value travel corridors
. The
				  Department reserves this subsection for future definition.
4.
High and moderate value waterfowl and wading bird
				  habitats
. Waterfowl are members of the family Anatidae including but not
				  limited to brant, wild ducks, geese, and swans. Wading birds include but are
				  not limited to herons, glossy ibis, bitterns, rails, coots, common moorhens,
				  and sandhill cranes. A high and moderate value waterfowl and wading bird
				  habitat means one of the following:
a.
Inland habitat identification criteria.
A high
				  to moderate value inland habitat is an inland wetland complex, and a 250 foot
				  wide zone surrounding the wetland complex, that through combination of dominant
				  wetland type, wetland diversity, wetland size, wetland type interspersion, and
				  percent open water meets Department guidelines or is an inland wetland complex
				  that has documented outstanding use by waterfowl or wading birds. Determination
				  of high to moderate value inland habitat is based on the following.
1
Wetland type
. Dominant wetland type is rated by
				  the assigned score for the wetland type of greatest area in the wetland.
				  Wetland type is determined using the classification system published by the
				  Department based on McCall, 1972, for waterfowl and wading bird habitat rating.
				  A score for the value to waterfowl and wading birds is assigned to each type
				  using the Department's rating procedure.
2
Wetland diversity
. Wetland diversity is rated
				  by assigning the wetland to one of the diversity categories based on the number
				  of wetland types present in the wetland using the Department's rating
				  procedure.
3
Wetland size
. Wetland size is rated by
				  assigning the wetland to one of three size categories based on the total area
				  of the wetland using the Department's rating procedure.
4
Interspersion
. Wetland type interspersion is
				  rated by assigning the wetland to one of three interspersion categories using
				  the Golet (1974) system, as modified for Maine in the Department's rating
				  procedure.
5
Open water
. Percent open water is rated by
				  assigning the wetland to one of four categories, based on the percent of the
				  wetland in open water using the Department's rating procedure.
NOTE
: The following are literature citations as
				  referenced above:
McCall, C.A. 1972.
Manual for Maine Wetlands
				  Inventory
. Maine Department of Inland Fisheries and Game, Augusta,
				  Maine. 38pp.
Golet, F.C., and J.S. Larson. 1974.
Classification of
				  Freshwater Wetlands in the Glaciated Northeast
. Resource Publication
				  116. U.S. Department of the Interior, Washington, D.C. 56pp.
NOTE
: Regardless of its identification on maps
				  as a high or moderate value waterfowl and wading bird habitat, an upland area
				  adjacent to a great pond is not considered high or moderate value waterfowl and
				  wading bird habitat unless the upland area is within 250 feet of one or more
				  freshwater wetlands that are high or moderate value waterfowl and wading bird
				  habitat. [
				   38 M.R.S.A.
				  §480-E E ]
b.
Tidal habitat identification criteria.
A high
				  or moderate value tidal habitat is as defined in the Department's rating
				  procedure or is a tidal habitat that has documented outstanding use by
				  waterfowl or wading birds or use by a rare species of waterfowl or wading
				  birds. Habitat type is determined using the classification system published by
				  Cowardin et al. (1979) and defined in the Department's rating procedure. Four
				  habitat types considered as potential high or moderate value tidal habitat are
				  described below.
1
Aquatic bed habitat
. The extent of aquatic bed
				  habitat for the delineation of high value tidal waterfowl and wading bird
				  habitat will be defined by the eelgrass (Zostera marina) beds currently mapped
				  by Maine Department of Marine Resources. Eelgrass beds greater than 25acres in
				  size are high value. Eel grass beds greater than or equal to 2.5 acres but less
				  than 25acres are moderate value.
2
Reefs
. Reefs included in tidal waterfowl and
				  wading bird habitat in Maine are limited to mussel bars or beds. All mussel
				  bars or beds are high value tidal waterfowl and wading bird habitat.
3
Emergent wetlands
. Emergent wetlands equal to
				  or greater than 25 acres in size are high value. Emergent wetlands greater than
				  or equal to 2.5 acres but less than 25 acres are moderate value.
4
Mudflats
. Mudflats equal to or greater than 25
				  acres are high value tidal waterfowl and wading bird habitat. Mudflats greater
				  than or equal to 12.5 acres but less than 25 acres are moderate value. Mudflat
				  immediately adjacent to one of the above habitats will result in the combined
				  habitats being rated high if the total area is greater than 25 acres in size or
				  moderate if the combination is greater than or equal to 2.5 acres but less than
				  25 acres.
NOTE:
The following literature citation as
				  referenced above: Cowardin, L.W., V. Carter, F.C. Golet, and E.T. LaRoe. 1979.
				  Classification of wetlands and deepwater habitats of the United States. U.S.
				  Department of the Interior, Washington, D.C. 103 pp.
5.
Shorebird nesting, feeding, and staging areas
.
				  Shorebird nesting, feeding, and staging areas, and a zone surrounding those
				  areas, are significant wildlife habitats. The zone surrounding a shorebird
				  feeding area is 100 feet wide, and is referred to as "the feeding buffer." The
				  zone surrounding a shorebird roosting area is 250 feet wide and is referred to
				  as "the roosting buffer." Shorebird species include the members of the families
				  Scolopacidae, Charadriidae, and Haematopodidae, including, but not limited to,
				  sandpipers and plovers. A complete list of species is provided in the
				  Department's procedures for classifying significant shorebird habitat. [The
				  Department has not adopted a definition of shorebird nesting area habitat, and
				  reserves this subsection for future definition.]
a.
Definitions
1
Shorebird feeding area
. A shorebird feeding or
				  staging area that is not a roosting area. The shorebird feeding area includes a
				  100-foot-wide surrounding buffer referred to as "the feeding buffer."
2
Shorebird roosting area
. A shorebird feeding or
				  staging area that is also a roosting area. The shorebird roosting area includes
				  a 250-foot-wide buffer referred to as "the roosting buffer."
3
Staging
. Staging areas include areas used for
				  feeding, roosting, and loafing during spring and fall migration and
				  post-breeding dispersal.
b.
Shorebird nesting,
feeding, and staging area
				  identification criteria. A feeding or staging site qualifies as significant
				  shorebird habitat if either of the following criteria is met, as determined by
				  an individual with experience or training in wildlife ecology.
1
Number of observations
. The mean number of
				  shorebird observations since 1987 for a site is 10% or more of the total mean
				  number of shorebirds surveyed in a particular shorebird survey unit as defined
				  in Department procedures.
2
Number of shorebirds
. The mean number of
				  shorebirds for a single species since 1987 at a site is 10% or more of the
				  overall or total mean number observed of that species in the encompassing
				  shorebird survey unit.
NOTE
: Shorebird occurrence data is from the
				  current Department database as described in procedure created December 22,
				  1993, and updated September 1, 2005. As new data is entered the mean of the
				  observations is recalculated.
6.
Seabird nesting island
. Seabird nesting
				  islands are significant wildlife habitats.
a.
Definitions.
As used in this section, unless
				  the context otherwise indicates, the following terms have the following
				  meanings.
1
Seabird
. Colonial nesting waterbirds
				  including Leach's Storm-petrel, Great Cormorant, Double-crested Cormorant,
				  Laughing Gull, Herring Gull, Great Black-backed Gull, Common Tern, Arctic Tern,
				  Roseate Tern, Razorbill, Black Guillemot, Atlantic Puffin, and Common
				  Eider.
2
Seabird nesting island
.
(a) An island, ledge, or portion thereof in tidal waters that
				  has documentation of 25 or more: nests or seabirds, adult seabirds displaced
				  from nests, or in combination (single species or aggregate of different
				  species) in any nesting season during, or since, 1976; provided that the
				  island, ledge, or portion thereof continues to have suitable nesting habitat.
(b) An island, ledge, or portion thereof in tidal waters that
				  has documentation of one or more nests of a seabird that is a Maine endangered
				  or threatened species in any year during, or since, 1976 provided that the
				  island, ledge, or portion thereof, continues to have suitable nesting
				  habitat.
b.
Maps.
Seabird nesting islands are delineated
				  on 7.5 minute U.S. Coast and Geodetic Survey maps developed by the Department.
				  The maps are identified as Significant Wildlife Habitat Seabird Nesting Island
				  Maps #1-55, January 1998.
7.
Significant vernal pool habitat
. 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 7. 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.
NOTE:
The term vernal (vernal = spring) pool is
				  used in the Natural Resources Protection Act [
				   38 M.R.S.A.,
				  §480-B(10) ], and has
				  typically been used to discuss the types of pools described in Section 7.
				  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.
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.
b.
Significant vernal pool habitat identification
				  criteria.
Vernal pool habitat significance must be determined and
				  documented by a qualified individual.
1
Abundance
. Any one of or combination of the
				  following species abundance levels, documented in any given year, determine the
				  significance of a vernal pool habitat.
Species
Abundance Criteria
Fairy shrimp
Presence in any life stage.
Blue spotted salamanders
Presence of 10 or more egg masses.
Spotted salamanders
Presence of 20 or more egg masses.
Wood frogs
Presence of 40 or more egg masses.
2
Rarity
. A pool that has documented use in any
				  given year by a rare species, or state-listed endangered or threatened species
				  that commonly requires a vernal pool to complete a critical portion of its
				  life-history is part of a significant vernal pool habitat. Examples of vernal
				  pool dependent state-listed endangered or threatened species include, but are
				  not limited to, Blanding's turtles, Spotted turtles, and Ringed Boghaunter
				  dragonflies. The rare species that must be considered are limited to: Ribbon
				  Snakes, Wood Turtles, Swamp Darner Dragonflies and Comet Darner
				  Dragonflies.
3
Identification period
. Egg masses must be
				  counted just past the peak breeding period of pool-breeding amphibians.
				  Abundance of pool-breeding amphibians can only be used to determine the
				  presence of a significant vernal pool during the identification period. The
				  presence of fairy shrimp, rare species [listed in 7.b.2.], or a state-listed
				  endangered or threatened species may be used to determine the presence of a
				  significant vernal pool at times of the year other than the identification
				  period.
NOTE
: Optimal times for counting egg masses of
				  pool-breeding amphibians vary according to geographic location and weather. For
				  instance, during cold springs, breeding can begin as much as 2 weeks later than
				  it does in warm, wet springs. The optimal time to count masses is just past the
				  peak breeding period. For wood frogs, this occurs approximately 2 weeks after
				  they start full choruses. Wood frog egg masses hatch very quickly and are
				  difficult to count much past peak breeding. Salamanders have a more extended
				  breeding period and their eggs do not hatch as quickly as those of wood frogs.
				  Therefore, surveys to count salamander egg masses should be conducted slightly
				  later in the breeding season, generally 2-3 weeks following wood frog egg mass
				  counts. The following are rough guidelines for optimal times for counting egg
				  masses:
Geographic Region
Wood Frogs
Spotted & Blue Spotted Salamanders
Northern Maine
May 5 - May 20
May 15 - June 5
Central Maine
April 25 - May 10
May 5 - May 25
Southern Maine
April 10 - April 25
April 20 - May 10
Note that optimal egg mass counting dates for high elevation
				  localities are likely to be delayed by up to one or two weeks from the
				  suggested dates provided within each geographic region above.
8.
Geographic regions
a. The three geographic regions used in Section 7. b.3. are
				  as follows.
1 The Northern Maine region is approximately that part of the
				  state north of a line extending from Rangeley to Dover-Foxcroft to Howland to
				  Calais.
2 The Central Maine region is approximately that part of the
				  state south of that same line and north of a line extending from Fryeburg to
				  Augusta to Belfast.
3 The Southern Maine region is approximately that part of the
				  state south of the line extending from Fryeburg to Augusta to Belfast.
b. The two geographic regions used in Section 7. b.5. are as
				  follows.
1 The Northern Maine region is approximately that part of the
				  state north of a line extending from Rangeley to Dover-Foxcroft to Howland to
				  Calais.
2 The Southern Maine region is approximately that part of the
				  state south of the line described immediately above.
9.
Drying
. When a vernal pool habitat has not
				  previously been determined to be significant, and the Department of Inland
				  Fisheries & Wildlife or the Department of Environmental Protection makes a
				  determination concerning whether the vernal pool habitat is significant, either
				  department may determine that the vernal pool habitat is not significant if:
a. 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; or
b. The vernal pool is located in southern Maine and dries out
				  after spring filling and before July 15th based on winter, spring and early
				  summer precipitation.
10.
Lack of permanent flowing inlet or outlet
. In
				  order to be identified as part of a significant vernal pool habitat, the vernal
				  pool may not have a permanent flowing inlet or outlet.
11.
Seasonality
. The Department of Environmental
				  Protection may require an assessment of significance by a qualified individual
				  during the identification period. In any season, indicators of a potentially
				  significant vernal pool habitat may include flat topography with depressions or
				  pit-and-mound topography, wetland flora, fingernail clams, caddisfly cases, and
				  evidence of temporary flooding.
12.
Voluntary identification
. A landowner may
				  voluntarily submit documentation to the Department of Inland Fisheries &
				  Wildlife or the Department of Environmental Protection regarding the
				  significance of a vernal pool on that individual's property. Documentation must
				  be completed by a qualified individual, or field-verified by either department
				  prior to its inclusion on a Geographic Information System (GIS) data layer
				  maintained by either the Department of Inland Fisheries & Wildlife or the
				  Department of Environmental Protection. A landowner will receive written
				  confirmation of such documentation from the Department of Environmental
				  Protection.
13.
Verification of significance
. A significant
				  vernal pool documented on a Geographic Information System (GIS) data layer
				  maintained by either the Department of Inland Fisheries & Wildlife or the
				  Department of Environmental Protection is eligible for removal from that data
				  layer following Department verification of three consecutive years of data
				  demonstrating that a vernal pool no longer meets the criteria in Sections 7.
				  a.1. or 7.b.2. A written request to remove a significant vernal pool from the
				  data layer must be submitted to both the Department of Inland Fisheries &
				  Wildlife and the Department of Environmental Protection and include
				  documentation made during the identification period by a qualified individual.
				  A written determination by the Department of Environmental Protection that a
				  vernal pool is not significant remains valid regardless of
				  timeframe.