An Act To Establish a Contingency Wildlife Management Plan

Sec. 1. 12 MRSA §§10111 and 10112  are enacted to read:

§ 10111.  Contingency wildlife management provisions

When a ballot measure for a direct initiative of legislation as described in Title 21-A, chapter 11 is approved that reduces or alters wildlife management methods or management options available to the department, the commissioner shall implement the provisions of this section in relation to any fish or wildlife species significantly affected either directly or indirectly by the approved measure. For purposes of this section, "animal" means a fish or wildlife species that is significantly affected directly or indirectly by the approved ballot measure.

The commissioner shall adopt rules to implement this section. Rules adopted pursuant to this section are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.

§ 10112.  Ballot measure; impact analysis

Within 90 days after the Secretary of State verifies a petition for a direct initiative of legislation as described in Title 21-A, chapter 11 that proposes to reduce or alter wildlife management methods or management options available to the department and sends the measure to the Legislature, the commissioner shall conduct an impact assessment on that measure and report the commissioner's analysis to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters. The analysis must include, but is not limited to, a biological and ecological impact assessment, the economic impact to the department and how the department will need to adjust its management practices to maintain a healthy wildlife population.

summary

This bill establishes contingent wildlife management provisions that become effective when a ballot measure for a direct initiative of legislation is approved that reduces wildlife management methods available to the Department of Inland Fisheries and Wildlife. The provisions of this bill apply only to the animals that are significantly affected either directly or indirectly by the approved ballot measure. The bill does the following.

1. It places a cap on the revenue the Commissioner of Inland Fisheries and Wildlife may expend to control animals causing damage or any other nuisance animals to the level spent in the fiscal year prior to the effective date of the direct initiative of legislation.

2. It prohibits the commissioner from establishing or implementing a sterilization program to control the population of an animal.

3. It provides that the department may not dispose of an animal in a manner that would constitute waste under existing statute and prohibits the department from disposing of on state-owned land an animal killed by the department.

4. It requires the commissioner to develop a landowner depredation program that sets a limit on the number of animals that may be retained by the landowner and requires a landowner to donate any animal taken from that landowner's land for depredation purposes exceeding the limit established by the commissioner to the Hunters for the Hungry program.

5. It also provides that within 90 days after the Secretary of State verifies a petition that proposes to reduce or alter wildlife management methods or management options available to the department and sends the proposed measure to the Legislature, the commissioner must conduct an impact assessment on that measure and report the commissioner's analysis to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters.

6. It requires the commissioner to report on the landowner depredation program annually to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters.