LD 2118

APPROVED  CHAPTER
  APRIL 15, 2026  706
  BY GOVERNOR  PUBLIC LAW
  STATE OF MAINE
  _____
  IN THE YEAR OF OUR LORD
  TWO THOUSAND TWENTY-SIX
  _____
  H.P. 1433 - L.D. 2118
   An Act to Eliminate the Natural Areas Program and Reassign Certain
  Responsibilities Under the Program to the Department of Inland Fisheries
    and Wildlife and to Amend the Law Governing Administration of the
      Department of Inland Fisheries and Wildlife, Bureau of Resource
  Management
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 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. 2. 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 W, §§5 and 6, is repealed.
    Sec. 3. 12 MRSA §544-B, as amended by PL 2007, c. 395, §§10 and 11, is repealed.
    Sec. 4. 12 MRSA §544-C, as enacted by PL 1999, c. 556, §13, is repealed.
    Sec. 5. 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. 6. 12 MRSA §10001, sub-§35-A is enacted to read:
    35-A. Invasive species. "Invasive species" means 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.
  Page 1 - 132LR2633(03)
    Sec. 7. 12 MRSA §10001, sub-§42-D is enacted to read:
    42-D. Natural area. "Natural area" means an 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. 8. 12 MRSA §10001, sub-§52-A is enacted to read:
    52-A. Rare plant. "Rare plant" means a 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.
    Sec. 9. 12 MRSA §10001, sub-§58-A, as enacted by PL 2021, c. 65, §1, is
amended to read:
    58-A. Species of special concern. "Species of special concern" means a species of
fish or wildlife that is not an endangered fish or wildlife species or a threatened fish or
wildlife species but meets criteria for being of special concern as established by the
commissioner by rule under section 10105, subsection 19.
    Sec. 10. 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 fish or wildlife 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. 11. 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;
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    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 conservation and
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. 12. 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 fish or wildlife species or a threatened fish or wildlife 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. 13. 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
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        wildlife species or endangered fish or wildlife species or other wildlife species or
        to benefit agricultural interests as described in paragraph C.
    Sec. 14. 12 MRSA §10108, sub-§11, ¶B, as enacted by PL 2003, c. 655, Pt. B,
§30 and affected by §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 fish or wildlife species and endangered fish or wildlife species.
    Sec. 15. 12 MRSA §10269 is enacted to read:
§10269. 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 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. 16. 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. 17. 12 MRSA §10307, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and
affected by c. 614, §9, is amended to read:
    3. Endangered fish or wildlife species and threatened fish or wildlife species.
Fifteen percent of the money in the fund for endangered fish or wildlife species and
threatened fish or wildlife species conservation projects; and
    Sec. 18. 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 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.
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    Sec. 19. 12 MRSA §10309, sub-§2, ¶C, as enacted by PL 2003, c. 414, Pt. A, §2
and affected by c. 614, §9, is amended to read:
    C. Habitat of a threatened fish or wildlife species or endangered fish or wildlife species
    listed under state or federal law;
    Sec. 20. 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;
    Sec. 21. 12 MRSA §10309, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and
affected by c. 614, §9, is amended to read:
    3. Conservation of endangered fish or wildlife species and threatened fish or
wildlife species and their habitats. For the category of conservation of endangered fish
or wildlife species and threatened fish or wildlife species and their habitats:
    A. A species or species group listed as endangered or threatened under state or federal
    law;
    B. The habitat of one or more species or groups under paragraph A;
    C. A species or species group not listed as threatened or endangered but, based on the
    best available scientific information, potentially warranting listing in the near future;
    D. A species, group of species, natural community or ecosystem that has been
    documented as being in decline or recognized as being at risk of extirpation from the
    State;
    E. Any species, group of species, natural community or ecosystem thought in the best
    professional judgment of biologists to be in decline or in danger of extirpation from the
    State but whose status is undetermined; and
    F. Available matching funds; and
    Sec. 22. 12 MRSA c. 925, headnote is amended to read:
  CHAPTER 925
     FISH AND, WILDLIFE AND NATURAL AREAS MANAGEMENT AND
  RESEARCH
    Sec. 23. 12 MRSA c. 925, sub-c. 3, headnote is amended to read:
  SUBCHAPTER 3
    ENDANGERED FISH AND WILDLIFE SPECIES; MANAGEMENT AND
  RESEARCH
    Sec. 24. 12 MRSA §12803, as amended by PL 2023, c. 60, §§1 to 19, is further
amended to read:
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§12803. Designation of endangered fish or wildlife species
     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;
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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;
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    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. 25. 12 MRSA §12804, as amended by PL 2025, c. 333, §14, is further amended
to read:
§12804. Conservation of threatened fish or wildlife species and endangered fish or
       wildlife species
    1. Conservation of threatened fish or wildlife species and endangered fish or
wildlife species. The commissioner may establish such programs as are necessary to bring
any endangered fish or wildlife species or threatened fish or wildlife species 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 fish or wildlife species or threatened fish or wildlife species 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
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    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 for a given species cannot 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 fish or wildlife species, endangered fish or wildlife species or species of
special concern is confidential if, in the judgment of the commissioner, disclosure of that
information would threaten the continued existence of the threatened or fish or wildlife
species, endangered fish or wildlife species or species of special concern. 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 fish or wildlife species, endangered fish or wildlife species
or species of special concern.
    Sec. 26. 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 fish or wildlife species or threatened fish
or wildlife species and may receive all federal funds allocated for obligations to the State
pursuant to these agreements.
    Sec. 27. 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. 28. 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 fish or wildlife species or threatened fish or
    wildlife species within the State; and
    Sec. 29. 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:
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§12808. Unauthorized activities regarding endangered fish or wildlife species or
       threatened fish or wildlife species
     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 fish or wildlife species
or threatened fish or wildlife species.
    1. Prohibited acts regarding endangered fish or wildlife species or threatened fish
or wildlife species; 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 fish or wildlife
    species or threatened fish or wildlife species. 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 fish or wildlife species or
    threatened fish or wildlife species 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 fish or wildlife species or threatened fish or wildlife
    species or any part of an endangered fish or wildlife species or threatened fish or
    wildlife species. 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 fish or wildlife species or threatened fish or
    wildlife species. 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 fish or wildlife species or threatened
fish or wildlife species; 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 fish or wildlife
    species or threatened 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, take, trap, harass or possess any endangered fish or wildlife species or
    threatened 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;
    C. Possess, process, sell, offer for sale, deliver, carry, transport or ship, by any means
    whatsoever, any endangered fish or wildlife species or threatened fish or wildlife
    species or any part of an endangered fish or wildlife species or threatened 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; or
    D. Feed or set bait for any endangered fish or wildlife species or threatened 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.
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    Sec. 30. 12 MRSA §12808-A, as enacted by PL 2015, c. 423, §2, is amended to
read:
§12808-A. Authorized activities regarding endangered fish or wildlife species or
       threatened fish or wildlife species
    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 fish or wildlife species or threatened fish or wildlife species
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 fish or wildlife
    species or threatened fish or wildlife species; and
    B. Authorize a person to transport without restriction but in accordance with the terms
    of any federal or state permit an endangered fish or wildlife species or threatened fish
    or wildlife species 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
fish or wildlife species or threatened fish or wildlife species 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 fish or wildlife species
    or threatened fish or wildlife species; 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
fish or wildlife species or threatened fish or wildlife species 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;
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    B. The taking will not impair the recovery of any endangered fish or wildlife species
    or threatened fish or wildlife species; 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 fish or wildlife species or threatened fish or wildlife species.
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 fish or wildlife species or threatened
    fish or wildlife species; and
    C. Will not individually or cumulatively impair the recovery of any endangered fish
    or wildlife species or threatened fish or wildlife species.
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 fish or wildlife species or threatened fish or wildlife species 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 fish or wildlife species or threatened fish or wildlife species covered
    by the incidental take plan;
    D. The procedures for monitoring the effectiveness of the recovery measures in the
    incidental take plan;
  Page 12 - 132LR2633(03)
    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. 31. 12 MRSA §12810, as amended by PL 2019, c. 267, §3, is further amended
to read:
§12810. Delisted fish or wildlife species
     1. Definition. For purposes of this section, "delisted fish or wildlife 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 fish or wildlife species:
    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. 32. 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 a native plant
species that is in danger of extinction throughout all or a significant portion of its range
within the State.
     2. Threatened plant species. "Threatened plant species" means a species of native
plant likely to become an endangered plant species within the foreseeable future throughout
all or a significant portion of its range in the State.
  Page 13 - 132LR2633(03)
§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" means a use that will not jeopardize endangered plant 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
  Page 14 - 132LR2633(03)
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.
§12825. Rulemaking
     The commissioner may not adopt rules to protect plants and plant communities under
this subchapter except when required for the conservation of rare fish or wildlife species,
threatened fish or wildlife species or endangered fish or wildlife species.
    This section is repealed September 30, 2029.
    Sec. 33. 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
  Page 15 - 132LR2633(03)
    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. 34. 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 and that is ranked as critically imperiled in 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. 35. 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 and that is
ranked as imperiled in 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. 36. 38 MRSA §480-B, sub-§10, ¶B, as amended by PL 2023, c. 156, §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. 37. 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. 38. 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
  Page 16 - 132LR2633(03)
department determines that the activity will not negatively affect the freshwater wetlands
and other protected natural resources present.
    Sec. 39. 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 or threatened
    plant species as determined pursuant to Title 12, section 544‑B, subsection 3 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 544
    Commissioner of Inland Fisheries and Wildlife.
    Sec. 40. 38 MRSA §480-BB, first ¶, as amended by PL 2023, c. 156, §3, is further
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," "shorebird nesting, feeding and staging areas" and "habitat for state endangered
and state threatened species of fish or wildlife 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, shorebird nesting, feeding and staging areas or habitat for state endangered
and state threatened species of fish or wildlife listed under Title 12, section 12803,
subsection 3 under section 480‑B, subsection 10, paragraph B. The rules, as applicable,
must:
    Sec. 41. 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. 42. 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.
    Sec. 43. Department of Inland Fisheries and Wildlife report. No later than
November 4, 2026, the Department of Inland Fisheries and Wildlife shall provide a report,
including any findings and recommendations, to the joint standing committees of the
Legislature having jurisdiction over inland fisheries and wildlife matters and agriculture,
  Page 17 - 132LR2633(03)
conservation and forestry matters on the reassignment of duties under the Natural Areas
Program from the Department of Agriculture, Conservation and Forestry to the Department
of Inland Fisheries and Wildlife. Each committee may submit legislation related to the
subject matter of the report to the 133rd Legislature in 2027.
     Sec. 44. Report regarding rulemaking. No later than February 15, 2029, the
Department of Inland Fisheries and Wildlife shall provide a report, including any findings
and recommendations, to the joint standing committees of the Legislature having
jurisdiction over inland fisheries and wildlife matters and agriculture, conservation and
forestry matters regarding the effect of the prohibition established in the Maine Revised
Statutes, Title 12, section 12825, which provides that the Commissioner of Inland Fisheries
and Wildlife may not adopt rules to protect plants and plant communities under Title 12,
chapter 925, subchapter 4 except when required for the conservation of rare fish or wildlife
species, threatened fish or wildlife species or endangered fish or wildlife species. Each
committee may submit legislation related to the subject matter of the report to the 134th
Legislature in 2029.
    Sec. 45. Transfer of Personal Services balances to All Other; Department
of Inland Fisheries and Wildlife, Resource Management Services - Inland
Fisheries and Wildlife. Notwithstanding any provision of law to the contrary, for fiscal
year 2026-27, the Department of Inland Fisheries and Wildlife is authorized to transfer up
to $150,000 of available balances of Personal Services appropriations, after all salary,
benefit and other obligations are met, to the All Other line category of the Resource
Management Services - Inland and Fisheries Wildlife program, General Fund account for
the purpose of funding early detection and rapid response efforts to eradicate invasive stilt
grass. These amounts may be transferred by financial order upon the recommendation of
the State Budget Officer and approval of the Governor. These transfers are not considered
adjustments to appropriations.
    Sec. 46. Transfer of Personal Services balances to All Other; Department
of Inland Fisheries and Wildlife, Resource Management Services - Inland
Fisheries and Wildlife. Notwithstanding any provision of law to the contrary, for fiscal
year 2026-27, the Department of Inland Fisheries and Wildlife is authorized to transfer up
to $25,000 of available balances of Personal Services appropriations, after all salary,
benefit and other obligations are met, to the All Other line category of the Resource
Management Services - Inland Fisheries and Wildlife program, General Fund account for
the purpose of funding an update to the State's official list of threatened and endangered
plants. These amounts may be transferred by financial order upon the recommendation of
the State Budget Officer and approval of the Governor. These transfers are not considered
adjustments to appropriations.
    Sec. 47. Appropriations and allocations. The following appropriations and
allocations are made.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Natural Areas Program Z821
Initiative: Transfers one Public Service Manager II position, one Resource Management
Coordinator position and 5 Biologist II positions from the Natural Areas Program within
the Department of Agriculture, Conservation and Forestry to the Resource Management
  Page 18 - 132LR2633(03)
Services - Inland Fisheries and Wildlife program within the Department of Inland Fisheries
and Wildlife. This initiative also transfers All Other funds from the Natural Areas Program
within the Department of Agriculture, Conservation and Forestry to the Resource
Management Services - Inland Fisheries and Wildlife program within the Department of
Inland Fisheries and Wildlife.
GENERAL FUND  2025-26  2026-27
 Personal Services  $0       ($418,180)
 All Other  $0        ($66,242)
  __________      __________
GENERAL FUND TOTAL  $0       ($484,422)
FEDERAL EXPENDITURES FUND  2025-26  2026-27
 Personal Services  $0       ($179,238)
 All Other  $0       ($133,082)
  __________      __________
FEDERAL EXPENDITURES FUND TOTAL  $0       ($312,320)
OTHER SPECIAL REVENUE FUNDS  2025-26  2026-27
 Personal Services  $0       ($302,202)
 All Other  $0       ($605,699)
  __________      __________
OTHER SPECIAL REVENUE FUNDS TOTAL  $0       ($907,901)
AGRICULTURE, CONSERVATION AND
FORESTRY, DEPARTMENT OF
DEPARTMENT TOTALS  2025-26       2026-27
  GENERAL FUND  $0        ($484,422)
  FEDERAL EXPENDITURES FUND  $0        ($312,320)
  OTHER SPECIAL REVENUE FUNDS  $0        ($907,901)
  __________      __________
DEPARTMENT TOTAL - ALL FUNDS  $0      ($1,704,643)
INLAND FISHERIES AND WILDLIFE, DEPARTMENT OF
Natural Areas Conservation Fund N548
Initiative: Provides baseline allocation to establish the account.
OTHER SPECIAL REVENUE FUNDS  2025-26  2026-27
 All Other  $0  $500
  __________      __________
OTHER SPECIAL REVENUE FUNDS TOTAL  $0  $500
Resource Management Services - Inland Fisheries and Wildlife 0534
Initiative: Transfers one Public Service Manager II position, one Resource Management
Coordinator position and 5 Biologist II positions from the Natural Areas Program within
  Page 19 - 132LR2633(03)
the Department of Agriculture, Conservation and Forestry to the Resource Management
Services - Inland Fisheries and Wildlife program within the Department of Inland Fisheries
and Wildlife. This initiative also transfers All Other funds from the Natural Areas Program
within the Department of Agriculture, Conservation and Forestry to the Resource
Management Services - Inland Fisheries and Wildlife program within the Department of
Inland Fisheries and Wildlife.
GENERAL FUND  2025-26  2026-27
 Personal Services  $0  $418,180
 All Other  $0  $66,242
  __________       __________
GENERAL FUND TOTAL  $0  $484,422
FEDERAL EXPENDITURES FUND  2025-26  2026-27
 Personal Services  $0  $179,238
 All Other  $0  $133,082
  __________       __________
FEDERAL EXPENDITURES FUND TOTAL  $0  $312,320
OTHER SPECIAL REVENUE FUNDS  2025-26  2026-27
 Personal Services  $0  $302,202
 All Other  $0  $605,699
  __________       __________
OTHER SPECIAL REVENUE FUNDS TOTAL  $0  $907,901
INLAND FISHERIES AND WILDLIFE,
DEPARTMENT OF
DEPARTMENT TOTALS  2025-26  2026-27
  GENERAL FUND  $0  $484,422
  FEDERAL EXPENDITURES FUND  $0  $312,320
  OTHER SPECIAL REVENUE FUNDS  $0  $908,401
  __________       __________
DEPARTMENT TOTAL - ALL FUNDS  $0        $1,705,143
SECTION TOTALS  2025-26  2026-27
  GENERAL FUND  $0  $0
  FEDERAL EXPENDITURES FUND  $0  $0
  OTHER SPECIAL REVENUE FUNDS  $0  $500
  __________       __________
SECTION TOTAL - ALL FUNDS  $0  $500
  Page 20 - 132LR2633(03)