HP1257, LD 1770, item 1, An Act To Amend the Forestry Laws Regarding Responsibility for Compliance with Those Laws

An Act To Amend the Forestry Laws Regarding Responsibility for Compliance with Those Laws

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §8868, sub-§8 is enacted to read:

8. Responsible party. "Responsible party" means:

A. The landowner owning the property at the time timber harvesting activities are conducted;

B. The landowner’s designated agent at the time timber harvesting activities are conducted;

C. The professional forester or the employer of the professional forester who:

(1) Signs a document pertaining to the timber harvesting activities;

(2) Supervises the timber harvesting activities; or

(3) Certifies that the timber harvesting activities are conducted in accordance with a timber harvest plan, permit, variance or other required document; or

D. The person who conducts the timber harvesting activities.

Sec. 2. 12 MRSA §8869, sub-§15 is enacted to read:

15. Responsible party. All responsible parties are jointly and severally responsible for compliance with this section and liable for violations of rules adopted pursuant to this subchapter. A responsible party who orders, contracts for or conducts any activity in violation of this section or of rules adopted pursuant to this subchapter commits a civil violation and is subject to the penalties provided in chapter 809.

Sec. 3. 12 MRSA §8881, sub-§8-A is enacted to read:

8-A. Responsible party. "Responsible party" has the same meaning as in section 8868, subsection 8.

Sec. 4. 12 MRSA §8883-B, sub-§7-A is enacted to read:

7-A. Responsible party. All responsible parties are jointly and severally responsible for compliance with this section and liable for violations of rules adopted pursuant to this subchapter. A responsible party who orders, contracts for or conducts any activity in violation of this section or of rules adopted pursuant to this subchapter commits a civil violation and is subject to the penalties provided in this section.

Sec. 5. 12 MRSA §8885, sub-§7 is enacted to read:

7. Responsible party. All responsible parties are jointly and severally responsible for compliance with this section and liable for violations of rules adopted pursuant to this subchapter. A responsible party who orders, contracts for or conducts any activity in violation of this section or of rules adopted pursuant to this subchapter commits a civil violation and is subject to the penalties provided in this section.

summary

This bill clarifies in the laws governing forest practices and forest landowner and wood processor reporting requirements that the parties responsible for compliance with those laws include the landowner, the landowner's designated agent, the professional forester, the professional forester's employee and the person who conducts timber harvesting activities.

HP1257 LD 1770	Session - 129th Maine Legislature		LR 2338 Item 1
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