Section 096-335-10 - High and moderate value waterfowl and wading bird habitatHigh and moderate value waterfowl and wading bird habitats are significant wildlife habitats. Waterfowl are members of the family Anatidae including but not limited to brant, wild ducks, geese, and swans. Wading birds include but are not limited to herons, glossy ibis, bitterns, rails, coots, common moorhens, and sandhill cranes. An activity that takes place in, on, or over a high and moderate value waterfowl and wading bird habitat must meet the standards of this chapter. High and moderate value waterfowl and wading bird habitats subject to this chapter are depicted on a GIS data layer maintained by IF&W and available from either IF&W or the department.
NOTE: The IF&W rating procedure and list of waterfowl and wading bird species was created December 22, 1993, updated September 1, 2005, and is available at IF&W offices and on line at http://www.maine.gov/ifw/index.html.
A.Inland habitat identification criteria. A high to moderate value inland habitat is an inland wetland complex, and a 250 foot wide zone surrounding the wetland complex, that through a combination of dominant wetland type, wetland diversity, wetland size, wetland type interspersion, and percent open water meets IF&W guidelines or is an inland wetland complex that has documented outstanding use by waterfowl or wading birds. Determination of high to moderate value inland habitat is based on the following. (1) Wetland type. Dominant wetland type is rated by the assigned score for the wetland type of greatest area in the wetland. Wetland type is determined using the classification system published by IF&W based on McCall, 1972, for waterfowl and wading bird habitat rating. A score for the value to waterfowl and wading birds is assigned to each type using the IF&W rating procedure. (2) Wetland diversity. Wetland diversity is rated by assigning the wetland to one of the diversity categories based on the number of wetland types present in the wetland using the IF&W rating procedure. (3) Wetland size. Wetland size is rated by assigning the wetland to one of three size categories based on the total area of the wetland using the IF&W rating procedure. (4) Interspersion. Wetland type interspersion is rated by assigning the wetland to one of three interspersion categories using the Golet (1974) system, as modified for Maine in the IF&W rating procedure. (5) Open water. Percent open water is rated by assigning the wetland tone of four categories, based on the percent of the wetland in open water using the IF&W rating procedure. NOTE: The following are literature citations as referenced above:
McCall, C.A. 1972. Manual for Maine wetlands inventory. Maine Department of Inland Fisheries and Game, Augusta, Maine. 38pp.
Golet, F.C., and J.S. Larson. 1974. Classification of freshwater wetlands in the glaciated northeast. Resource Publication 116. U.S. Department of the Interior, Washington, D.C. 56pp.
NOTE: Regardless of its identification on maps as a high or moderate value waterfowl and wading bird habitat, an upland area adjacent to a great pond is not considered high or moderate value waterfowl and wading bird habitat unless the upland area is within 250 feet of one or more freshwater wetlands that are high or moderate value waterfowl and wading bird habitat. See 38 M.R.S.A. §480-EE.
B.Tidal habitat identification criteria. A high or moderate value tidal habitat is as defined in IF&W's rating procedure or is a tidal habitat that has documented outstanding use by waterfowl or wading birds or use by a rare species of waterfowl or wading birds. Habitat type is determined using the classification system published by Cowardin et al. (1979) and defined in the IF&W rating procedure. Four habitat types considered as potential high or moderate value tidal habitat are described below. (1) Aquatic bed habitat. The extent of aquatic bed habitat for the delineation of high value tidal waterfowl and wading bird habitat will be defined by the eelgrass (Zostera marina) beds currently mapped by Maine Department of Marine Resources. Eelgrass beds greater than 25 acres in size are high value. Eel grass beds greater than or equal to 2.5 acres but less than 25 acres are moderate value. (2) Reefs. Reefs included in tidal waterfowl and wading bird habitat in Maine are limited to mussel bars or beds. All mussel bars or beds are high value tidal waterfowl and wading bird habitat. (3) Emergent wetlands. Emergent wetlands equal to or greater than 25 acres in size are high value. Emergent wetlands greater than or equal to 2.5 acres but less than 25 acres are moderate value. (4) Mudflats. Mudflats equal to or greater than 25 acres are high value tidal waterfowl and wading bird habitat. Mudflats greater than or equal to 12.5 acres but less than 25 acres are moderate value. Mudflat immediately adjacent to one of the above habitats will result in the combined habitats being rated high if the total area is greater than 25 acres in size or moderate if the combination is greater than or equal to 2.5 acres but less than 25 acres. NOTE: The following are literature citations as referenced above:
Cowardin, L.W., V. Carter, F.C. Golet, and E.T. LaRoe. 1979. Classification of wetlands and deepwater habitats of the United States. U.S. Department of the Interior, Washington, D.C. 103 pp.
NOTE: Although an area is otherwise in conformance with significant wildlife habitat criteria adopted by the department for high and moderate value inland waterfowl and wading bird habitat, the Department of Inland Fisheries and Wildlife may determine that a specific portion of the area is no longer this type of significant wildlife habitat due to the topography or impact of development in existence on June 8, 2006 and continuing in existence as of the date of the determination, as provided in 38 M.R.S.A. §480-DD.
C. Verification of habitat value. A person may voluntarily submit documentation to the department or the Maine Department of Inland Fisheries & Wildlife (IF&W) regarding the value of a waterfowl and wading bird habitat on that person's property. Documentation must be completed by an individual who has experience and training in either wetland ecology or wildlife ecology and therefore has qualifications sufficient to identify and document a high or moderate value waterfowl and wading bird habitat, or field verified by IF&W. Following review of such documentation, IF&W may modify the boundary of a high or moderate value waterfowl and wading bird habitat depicted on the applicable GIS data layer. A landowner will receive written confirmation of such documentation from the department. D.Department determination. If, upon request from a landowner, department staff provide a written field determination or advisory opinion regarding the presence or absence of a high or moderate value waterfowl and wading bird habitat, a landowner acting on that determination or advisory opinion by carrying out an activity subsequently found to be in violation is not required to obtain a permit for that activity and will not be subject to enforcement action if jurisdiction or penalty would be based solely on that activity. 06- 096 C.M.R. ch. 335, § 10