Section 669-4-5 - The New Market WithdrawalA.Scope and Purpose. The Regulations in part 5 hereof implement 12 MRSA 1019. They are designed to encourage an economical program of salvage of budworm-damaged timber, and the expansion of existing markets for such timber.B.Certification of New Markets1.Application for Certification. Firms desiring certification as new markets shall certify to the Director of the Bureau of Forestry, on a form supplied by the Bureau of Forestry, their ownership of or control over processing facilities qualifying as a new market.2.Consent. Applications made for new market certification shall be granted or denied according to 12 MRSA 1019(2) by the Director of the Bureau of Forestry.3.Publication of New Markets. The Bureau of Forestry shall publish, and shall from time to time revise, a list of new markets which have been certified by the Bureau.C.Application for New Market Withdrawals1.Minimum Area. To qualify for a new market withdrawal, at least 50% of a contiguous area of at least 1,000 acres shall consist of forest types suitable for salvage cutting.2.Silvicultural Treatment Designation. An area must be eligible for a silvicultural treatment designation in order to be considered for a new market withdrawal.3.Harvesting Plan. Each application for new market withdrawal shall be accompanied by a harvesting plan, submitted by a professional forester registered in Maine, containing: a. A map identifying areas to be harvested;b. A map identifying stands suitable for salvage cutting;c. An operating schedule for the planned timber harvest. The harvesting operation must begin during or before the calendar year following the calendar year of application, and it must be completed by April 1, 1981.4.Timber Removals. More than 90% of the net merchantable volume in dead and dying spruce and fir trees with dbh of at least 7" shall be removed in the salvage cutting. The volume of spruce and fir other than sawlogs which is removed shall be sold and delivered to a new market. All portions of the harvested dead and dying trees, which fulfill the size and quality standards for budworm-damaged wood of the new market to which such volume is delivered, shall be removed.5.Certification of Sale to a New Market. Within 6 months of completion of the harvesting operation, the applicant shall certify to the Director of the Bureau of Forestry, on a form provided by the Bureau of Forestry, that: a. The area has been harvested according to the harvesting plan and Regulation 5;b. The volume of spruce and fir harvested other than sawlogs was sold to a new market. The form shall be signed by the purchaser of the volume of spruce and fir harvested other than sawlogs, certifying the purchase of that volume, and by a professional forester, registered in the State of Maine, certifying that the harvesting plan has been carried out as approved by the Director.
01- 669 C.M.R. ch. 4, § 5