Sec. 1. 1 MRSA §72, sub-§6-B is enacted to read:

6-B.__Indigenous.__"Indigenous" as it pertains to any species of plant or animal has the meaning provided by the Commissioner of Inland Fisheries and Wildlife pursuant to Title 12, section 10002.__This definition takes priority over any other definition of "indigenous" referring to a plant or animal provided in law or rule.

Sec. 2. 12 MRSA §6001, sub-§20-B is enacted to read:

20-B.__Indigenous.__"Indigenous" is defined by the Commissioner of Inland Fisheries and Wildlife pursuant to section 10002.

Sec. 3. 12 MRSA §10002 is enacted to read:

§10002.__Definition of "indigenous"

The commissioner shall by rule define "indigenous" as it pertains to plants or animals.__Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 4. 38 MRSA §464, first ¶, as enacted by PL 1985, c. 698, §15, is amended to read:

The waters of the State shall be are classified in accordance with this article. For purposes of this article, "indigenous" is as defined by the Commissioner of Inland Fisheries and Wildlife pursuant to Title 12, section 10002.

Sec. 5. 38 MRSA §480-U, sub-§1, as enacted by PL 1991, c. 214, §2, is amended to read:

1. General permit. An individual permit is not required for the alteration of freshwater wetlands to cultivate cranberries as long as the provisions of this section are met. For purposes of this section, "indigenous" is as defined by the Commissioner of Inland Fisheries and Wildlife pursuant to Title 12, section 10002.

SUMMARY

This bill requires the Commissioner of Inland Fisheries and Wildlife to define by rule "indigenous" as it pertains to plant and animal species. The bill gives that definition priority over any other definition of "indigenous" referring to a plant or animal in law or rule.