Biological Diversity Policy

Maine does not have a formal biodiversity policy. Several related statutory policies recognize the importance of significant wildlife habitat, habitat and wildlife along the coast and within the wetland areas of the state, and fragile wildlife. (38 M.R.S.A. 480, 1801, 1901; 5 M.R.S.A. 6200)

Status of Biodiversity Science

Maine does not have a coordinated assessment system in place. However, the state is working on a system for the state's forests. The Maine Forest Biodiversity Project will use information on species and ecosystems to complete a statewide assessment of forest biodiversity. In addition, the state utilizes a biological and conservation database from the Maine Natural Areas Program and GAP information.

Endangered Species

Maine has an endangered species act that protects animal species and subspecies. Listing is based on scientific and commercial data. (12 M.R.S.A. 7751-7759) The act authorizes management plans but does not require recovery plans or critical habitat designation. State agency consultation is required. Penalties for violation include civil fines and restoration of the affected area.

Although the act does not protect plants, the Natural Areas program maintains a list of native endangered and threatened plants for informational purposes.

State Agency Management for Biodiversity

State-owned Lands

No requirements were identified tor state natural resource agencies to plan and manage their lands in a biologically sustainable manner.

Cooperative Efforts

Some state agencics in Maine engage in cooperative efforts to improve land management across ownership boundaries. For example, the Land and Water Resources Council is composed of various state agency commissioners, and works to facilitate interagency coordination of the state's natural resource and land use management activities. (5 M.R.S.A. 3331) The Maine Forest Biodiversity Project is a collaborative effort of state, federal and private entities whose purpose is to address the issue of protecting Maine's biodiversity. Finally, a cooperative river resource management plan exists for each of the state's watersheds. These plans provide a basis for state agency comments, recommendations, maintenance of aquatic habitat, and habitat productivity. (12 M.R.S.A. 407)

State Agency Training

Maine does not have identified programs of agency personnel training for biodiversity.

Impact Assessment

Maine does not have a "little NEPA," requiring assessment of major proposed agency impacts on biological resources. However, the Department of Environmental Protection has the authority to grant or deny permits to applicants for activities affecting significant wildlife habitat. The Department can impose requirements that attempt to avoid or mitigate negative impacts on wildlife and habitat. (38 M.R.S.A. 480)

Habitat Acquisition

Maine has a statutory program specifically designed to acquire lands that are important because of their biodiversity values. The Land for Maine's Future program purchases lands with high biodiversity values. (5 M.R.S.A. 6207) The program received funding from a one time bond of $35 million, which is almost depleted, with no future funding in site. A separate program, the Public Access to Maine's Water Fund, acquires lands with conservation values, and also received monies from the bond. (5 M.R.S.A. 6203A, 6207, 6209) Other state agencies also have smaller acquisition programs to purchase specific types of habitat such as coastal wetlands.

Private Land Conservation

Maine has private land conservation programs and incentives to protect wildlife. For example. conservation easements are authorized by statute. (33 M.R.S.A. 476; 38 M.R.S.A. 955) In addition, a tax reduction of 20-30 percent is permitted for land defined as "open space" under a program entitled Forever Wild Open Space. (36 M.R.S.A. 1106-A) The state constitution assesses penalties for real estate that is changed to a higher use. (Me. Const. art. 9, 8)

Exotic Species

Control of Maine's exotic species is accomplished through regulations. Permits are required to import any exotic animal species into the state. (Me. Regs. 7.60) Fines for violation range from $50 to $1,000 plus permit revocation. The state is hoping to introduce captive breeding, banding or microchip marking and certification of out of state suppliers of exotics in the future.

Predator or Animal Damage Control Activities

Maine has an animal damage control program that is operated in conjunction with the federal government. Approximately 90 percent of the methods used are non-lethal, such as live capture, relocation and electric fencing. However, landowners may use lethal techniques under certain circumstances. For example, a bear may be killed for doing damage to blueberry land. (12 M.R.S.A. 7504)

Additional Legal Protections for Biodiversity

No constitutional or common law protections were identified by the research.

Related Issues

The Maine Education Department has a teacher re-certification program which covers the topic of biodiversity. The state is also working on an educational video on the diversity of habitat and wildlife in the state. A state statute requires the creation of a natural resource educator whose job is to develop and coordinate natural resource education. (12 M.R.S.A. 8611) Finally, the state participates in Project WILD, and published a Maine ADC State Director wildlife viewing guide, though not part of the Watchable Wildlife series.

Maine does not currently have a takings law. A bill requiring property to be deemed taken if the fair market value is reduced 50 percent was defeated in the 1995 legislative session. A commission was formed to study the issue, however.

Contacts:

Department of Agriculture,
Food, and Rural Resources
State House Station #28
Augusta, ME 04333
207-287-3871

Department of Conservation
State House Station #22
Augusta, ME 04333
207-287-2211

Department of Inland Fisheries and Wildlife
284 State St., Station #41
Augusta, ME 04333
207-287-2766

Department of Marine Resources
State House Station #21
Augusta, ME 04333
207-624-6550

State Extension Service
103 Libby Hall
University of Maine
Orono, ME 04469
207-581-3240

Maine ADC State Director
Capital West Business Center
81 Leighton Road, Suite 12
Augusta, ME 04330
207-622-8263

Maine Natural Areas Program
Office of Community Development
State House Station 130
219 Capitol Avenue
Augusta, ME 04333
207-624-6800