‘ 4-A. Presalvage and salvage harvesting. The regulation of presalvage and salvage harvesting designed to reduce losses of timber while protecting public trust resources and supporting the protection of wildlife habitat through the retention of non-susceptible tree species where silviculturally and ecologically appropriate;’
Amend the bill in section 2 by striking out all of subsection 4-A (page 1, lines 16 and 17 in L.D.) and inserting the following:
Amend the bill by striking out all of section 12 (page 2, lines 23 to 35 and page 3, lines 1 to 23 in L.D.) and inserting the following:
‘Sec. 12. 12 MRSA §8423-C is enacted to read:
§ 8423-C. Presalvage and salvage harvesting
1. Regulation. The Department of Agriculture, Conservation and Forestry shall regulate the presalvage and salvage harvesting of forest stands in areas that, based on the proportion of balsam fir, white spruce, red spruce, black spruce, other softwood and hardwood components present, have significant risk of damage from spruce budworm and are subject to a credible threat of imminent spruce budworm damage.
A. The assessments of risk and vulnerability of a specific forest stand must be supported by adequate data, including but not limited to:
(1) Forest stand type information; and
(2) A documented history of elevated spruce budworm moth presence or foliage damage from spruce budworm feeding.
B. The director shall designate areas for presalvage and salvage harvesting subject to rules adopted pursuant to subsection 5 no later than January 1st of each year. Areas designated for presalvage and salvage harvesting must be inspected and verified by a licensed forester in the employ of the bureau. The director shall seek public comment for a 30-day period prior to designating such areas.
C. A forest stand that is identified for presalvage and salvage harvesting must be located within the areas designated pursuant to paragraph B.
2. Notification. Prior to beginning timber harvesting pursuant to this subchapter, a landowner or designated agent shall notify the bureau in accordance with the notification requirements set forth in chapter 805, subchapter 5.
3. Reporting. Timber harvests conducted pursuant to this subchapter are subject to the same reporting requirements set forth in chapter 805, subchapter 5, except that the director may require additional information to be reported to satisfy the requirements of this subchapter.
4. Confidentiality. Reports filed in accordance with subsection 3 are confidential. The director may publish summary reports that use aggregated data that do not reveal the activities of an individual person or firm. Reports submitted pursuant to subsection 3 must be available for the use of the State Tax Assessor for the administration of Title 36.
5. Rules. The commissioner shall adopt rules to implement this subchapter, including rules establishing spruce budworm timber harvesting standards. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
A. The rules must:
(1) Exclude presalvage and salvage harvesting in protection subdistricts within the jurisdiction of the Maine Land Use Planning Commission and in areas subject to timber harvesting regulation under section 8867-B;
(2) Identify the areas subject to a credible threat of imminent spruce budworm damage and the forest stand criteria needed for presalvage and salvage harvesting; and
(3) Define the size and scope of presalvage and salvage harvesting projects that will require additional review by the bureau.
B. The Commissioner of Agriculture, Conservation and Forestry shall consult with the Commissioner of Environmental Protection and the Commissioner of Inland Fisheries and Wildlife to ensure that rules adopted under this subsection are consistent with wildlife habitat and environmental protection.
C. Except as otherwise provided in this subchapter or in rules developed pursuant to this subsection, the provisions of chapter 805, subchapter 3-A do not apply to presalvage and salvage harvesting regulated under this subchapter.
D. The rules must provide that regeneration requirements adopted by rule pursuant to section 8869, subsection 1 apply to spruce budworm timber harvesting conducted pursuant to this subchapter.
6. Penalties. A person who violates this section or a rule adopted pursuant to this section commits a civil violation and is subject to the following penalties:
A. A person who violates this section or a rule adopted pursuant to this section commits a civil violation for which a fine of not less than $100 and not more than $1,000 may be adjudged for each day of that violation; and
B. A person who violates this section or a rule adopted pursuant to this section after having previously been adjudicated of a violation of this section within the previous 5-year period commits a civil violation for which a fine of not less than $1,000 but not more than $2,000 may be adjudged for each day of that violation.
If the economic benefit resulting from the violation exceeds the applicable penalties under paragraphs A and B, the maximum fines may be increased. The maximum fine may not exceed an amount equal to twice the economic benefit resulting from the violation. The bureau shall consider as economic benefit, without limitation, the costs avoided or the enhanced value accrued at the time of the violation by the violator as a result of not complying with the applicable legal requirements.’
Amend the bill in section 29 by striking out all of subsection 10 (page 5, lines 9 to 21 in L.D.) and inserting the following:
‘10. Report. The director shall, at the end of each calendar year, undertake a complete financial review of any spruce budworm management program activities undertaken that year and shall make a full report on the activities to the joint standing committee of the Legislature having jurisdiction over forestry management matters during the next session of the Legislature. The report shall must include, but is not be limited to, sources of funding, private, state or federal and total expenditures broken down in the following categories: Insecticides, aircraft, monitoring, research and other appropriate categories. Also to be included shall be a statement of any remaining balance by source, private, state or federal spruce budworm survey and monitoring activities and findings, outcomes of any research or methods development activities, levels and outcomes of harvest monitoring for harvests conducted under rules adopted pursuant to this subchapter, scopes of landowner assistance activities conducted and other issues as appropriate. The Department of Agriculture, Conservation and Forestry, Board of Pesticides Control must report information on spray activities related to spruce budworm management and outcomes annually to the bureau no later than March 1st. Reports required under this subsection must use aggregated data that do not reveal the activities of an individual person or firm.’
Amend the bill by striking out all of section 31 (page 5, lines 24 to 41 in L.D.) and inserting the following:
‘Sec. 31. 12 MRSA §8431 is enacted to read:
§ 8431. Effect of other laws
This subchapter does not exempt any presalvage and salvage harvesting on public reserved lands and nonreserved public lands from any other law governing management of those lands, including but not limited to management of deer wintering areas.’
Amend the bill by inserting after section 32 the following:
‘Sec. 33. Appropriations and allocations. The following appropriations and allocations are made.
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF
Forest Health and Monitoring Z233
Initiative: Provides funding for one-time rule-making costs related to presalvage and salvage harvesting of forest stands.
| GENERAL FUND | 2015-16 | 2016-17 |
|
All Other
|
$3,700 | $0 |
 |
|
|
| GENERAL FUND TOTAL | $3,700 | $0 |
SUMMARY
This unanimous committee amendment amends the process for regulation of presalvage and salvage harvesting, includes additional parameters for the rule-making process, establishes penalties and defines the effect of other laws on such presalvage and salvage harvesting. The amendment also adds an appropriations and allocations section.
FISCAL NOTE REQUIRED
(See attached)