Current through 2024-51, December 18, 2024
Section 669-25-3 - DEFINITIONS For the purpose this rule, the following terms are defined as follows.
A. Atlantic salmon Areas: From the Androscoggin River northward along the Maine coast to the Dennys River, and wherever these fish occur in the estuarine and marine environment. The following impassable falls delimit the upstream extent of the freshwater range: Rumford Falls in the town of Rumford on the Androscoggin River; Snow Falls in the town of West Paris on the Little Androscoggin River; Grand Falls in Township 3 Range 4 BKP WKR, on the Dead River in the Kennebec Basin; the un-named falls (impounded by Indian Pond Dam) immediately above the Kennebec River Gorge in the town of Indian Stream Township on the Kennebec River; Big Niagara Falls on Nesowadnehunk Stream in Township 3 Range 10 WELS in the Penobscot Basin; Grand Pitch on Webster Brook in Trout Brook Township in the Penobscot Basin; and Grand Falls on the Passadumkeag River in Grand Falls Township in the Penobscot Basin.B. Bankfull Elevation: The elevation of the stream banks at bankfull width.C. Bankfull Width: Bankfull width is the width of the stream at the "Normal high water line" as defined in 38 MRSA §480-B.(6) to mean "that line along the shore of a great pond, river, stream, brook or other nontidal body of water which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or from changes in vegetation and which distinguishes between predominantly aquatic and predominantly terrestrial land..."D. Biologist: A fisheries biologist employed by the Maine Department of Inland Fisheries and Wildlife or Maine Department of Marine Resources, or other qualified person identified by those departments, who has attended a training in wood addition techniques including an introduction to timber harvesting techniques and forestry regulation.E. Designated Reach: A section of stream that has been identified by DIFW or DMR as suitable for wood addition treatment and where a DIFW or DMR biologist or their designee has developed a treatment plan that has been mutually agreed upon by DMR or DIFW, and the landowner or their agent. The treatment detailed in the plan must be consistent with the standards in this rule.F. Dispersal Flow: Stream flow forced around a piece of large wood and into the stream banks leading to bank erosion.G. Key Piece: A piece of wood that will form the basis of a log jam structure and is of sufficient size to resist movement by bankfull flows.H. Licensed Forester: Licensed forester means a forester licensed under 32 MRSA, chapter 76.I. Meander: A meander is one of a series of freely developing sinuous curves or loops produced as the stream moves from side to side of its floodplain.J. Meander bend: A meander bend is the convex side of a meander.K. Stream channel: Stream channelmeans a channel between defined banks created by the action of surface water, which is characterized by the lack of terrestrial vegetation or by the presence of a bed, devoid of topsoil, containing waterborne deposits or exposed soil parent material or bedrock; and which is connected hydrologically with other water bodies. "Stream channel" does not include rills or gullies forming because of accelerated erosion in disturbed soils where the natural vegetative cover has been removed by human activity.L. Wood: Wood refers to the stems and branches of trees either fully severed or partially attached to the stump. Wood may include uprooted trees if the root wad or disturbed soil is not in a position such that it will end up below the normal high water line. Wood does not include processed wood such as slabs, edgings, lumber or timbers, or logging debris including slash and material left from temporary stream crossings such as pole or brush fords, or other forest product refuse prohibited by 38 MRSA §417 (1).M. Wood Diameter: Wood diameter is the average diameter of the stem measured at the large end.01- 669 C.M.R. ch. 25, § 3