Text of An Act Regarding Forest Practices:
STATE OF MAINE
To the Legislature of the State of Maine:
In accordance with Section 18 of Article IV, Part third of the
Constitution of the State of Maine, the undersigned electors
of the State of Maine, qualified to vote for Governor, residing
in said state, whose names have been certified, hereby respectfully
propose to the Legislature for its consideration the following
entitled legislation:
"An Act Regarding Forest Practices" The full
text of this Act is printed on this petition.
DO YOU FAVOR REQUIRING LANDOWNERS TO OBTAIN A PERMIT FOR ALL
CLEAR-CUTS AND DEFINING CUTTING LEVELS FOR LANDS SUBJECT TO THE
TREE GROWTH TAX LAW?
"An Act Regarding Forest Practices"
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12MRSA sec.8869,sub-secs.13 to 15 are enacted
to read:
13. Reasonable cutting levels. In accordance with the
Governor's Maine Council on Sustainable Forest Management report
of July 1996, total cutting activities and cutting activities
for each species group may not exceed sustainable cutting levels
for any rolling 10-year average. This means that the yearly allowable
cut levels may not be greater than the average annual growth
during the past 10 years. This subsection applies only to landowners
who are enrolled under the Maine Tree Growth Tax Law.
14. Clear-cutting permit required. A landowner shall obtain
a permit from the Maine Forest Service prior to undertaking cutting
activities that will result in a clear-cut. Prior to issuing
a permit for a clear-cut, the Maine Forest Service shall determine
that the clearcut is silviculturally justified, that there are
no reasonable alternatives to the proposed clear-cut and that
no undue adverse ecological damage will result from the clear-cut
or the clear-cutting activities. There must be public notice
of any permit application and an opportunity to appeal any decision
by the Maine Forest Service on permitting.
15. Rules. A Maine Council on Sustainable Forest Management
appointed by the Governor shall establish rules, which are major
substantive rules pursuant to Title 5, chapter 375, subchapter
II-A, implementing subsections
13 and 14 through the public hearing process. In addition to
the Director of the Maine Forest Service and the director of
Baxter Park's scientific forestry management unit, the
council consists of one representative from each of the following
categories:
A. Independent logger;
B. Professional forester;
C. Forest ecologist;
D. Conservation biologist;
E. Soil scientist;
F. Professor of silviculture; and
G: Freshwater ecologist:
All rules must be consistent with and guided by current scientific
research. Rules must be established no later than 6 months after
the effective date of this subsection.