01-670-55 Me. Code R. § 4

Current through 2024-51, December 18, 2024

Section 670-55-4 - Definitions

Unless the context otherwise requires, the following terms will have the following meanings:

1. Applicant

The individual, company or entity proposing to salvage sunken logs.

2. Bureau

"Bureau" means the Maine Department of Agriculture, Conservation and Forestry, Bureau of Parks and Lands.

3. Director

"Director" means the Director of the Bureau.

4. Log

A portion of the trunk of a felled tree which has not been further processed for any end-use.

5.Natural Low-Water Mark of Great Ponds

For unimpounded lakes, the natural low-water mark is the average low-water mark as estimated over a 5-year period. For impounded lakes, the natural low-water mark is the estimated low-water mark of the lake in an unimpounded state.

6. Salvage

Any activity involved in the retrieval of sunken logs from Submerged Lands.

7.Salvage Season

The time period each calendar year when salvage operations on Submerged Lands are allowed. The salvage season will generally run from May 1 to September 30, but starting and ending dates may be adjusted for individual authorizations to account for the date of "iceout," to avoid conflicts with fish spawning and recreational uses, or to account for extenuating circumstances.

8.Submerged Lands [ 12 M.R.S.A. §1801 ]

A. All land seaward from the mean low-water mark or a maximum of 1,650 feet seaward of the mean high-water mark, whichever is closer to the mean high-water mark, out to the 3-mile territorial State marine boundary.

B. All land below the mean low-water mark of tidal rivers and streams up to the farthest natural reaches of the tides;

C. All land below the natural low-water mark of ponds which in their natural state are 10 or more acres in size; and

D. The river bed of international boundary rivers out to the international boundary line, including segments of the St. John, St. Francis and St. Croix Rivers. The bed is defined as land lying between defined banks, created by the action of surface water and characterized by a lack of terrestrial vegetation and devoid of topsoil.

9.Sunken Logs

Logs resting on Submerged Lands.

10.Sunken Log Authorization

A written document issued by the Bureau giving the applicant conditional permission to salvage and sell logs located on Submerged Lands.

11. Vessel

Any watercraft used to salvage sunken logs.

01-670 C.M.R. ch. 55, § 4