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.

Summary
This initiated bill sets limits on timber harvesting on land subject to the Maine Tree Growth Tax Law and requires that a landowner obtain a permit from the Maine Forest Service prior to undertaking harvesting activities that will result in a clear-cut. Total cutting activities and cutting activities for each species group may not exceed sustainable cutting levels for any 10 year rolling average. The yearly allowable cut levels may not be greater than the average annual growth during the past 10 years. Prior to issuing a permit for a clear-cut, the Maine Forest Service must determine that the clear-cut 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.