Section 096-335-11 - Shorebird nesting, feeding, and staging areasShorebird nesting, feeding, and staging areas, and a zone surrounding those areas, are significant wildlife habitats. The zone surrounding a shorebird feeding area is 100 feet wide, and is referred to as "the feeding buffer". The zone surrounding a shorebird roosting area is 250 feet wide and is referred to as "the roosting buffer". Shorebird species include the members of the families Scolopacidae, Charadriidae, and Haematopodidae, including, but not limited to, sandpipers and plovers. A complete list of species is provided in the Maine Department of Inland Fisheries and Wildlife (IF&W) procedures for classifying significant shorebird habitat. An activity that takes place in, on, or over a shorebird nesting, feeding, and staging area habitat must meet the standards of this chapter. Shorebird 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. To date, IF&W has not adopted a definition of nesting area habitat, and therefore no criteria are presently included in this chapter.
Maine feeding and staging areas provide migrating shorebirds with the food resources to acquire the large fat reserves necessary to fuel their transoceanic migration to wintering areas. Shorebird staging habitats include both feeding areas where shorebirds congregate to feed and roosting areas used by shorebirds to rest during high water when feeding areas are unavailable.
A.Definitions. (1) Shorebird feeding area. A shorebird feeding or staging area that is not a roosting area. The shorebird feeding area includes a 100-foot-wide surrounding buffer referred to as "the feeding buffer". (2) Shorebird roosting area. A shorebird feeding or staging area that is also a roosting area. The shorebird roosting area includes a 250-foot-wide buffer referred to as "the roosting buffer". (3) Staging. Staging areas include areas used for feeding, roosting, and loafing during spring and fall migration and post-breeding dispersal. B.Shorebird nesting, feeding, and staging area identification criteria. A feeding or staging site qualifies as significant shorebird habitat if either of the following criteria is met, as determined by an individual with experience or training in wildlife ecology. (1)Number of observations.The mean number of shorebird observations since 1987 for a site is 10% or more of the total mean number of shorebirds surveyed in a particular shorebird survey unit as defined in IF&W procedures. (2) Number of shorebirds. The mean number of shorebirds for a single species since 1987 at a site is 10% or more of the overall or total mean number observed of that species in the encompassing shorebird survey unit. NOTE: Shorebird occurrence data is from the current IF&W database as described in procedure created December 22, 1993, and updated September 1, 2005. As new data is entered the mean of the observations is recalculated. The IF&W rating procedure and database information are available at IF&W offices and on line at http://www.maine.gov/ifw/index.html.
NOTE: Although an area is otherwise in conformance with significant wildlife habitat criteria adopted by the department for shorebird nesting, feeding, roosting and staging areas, 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. See 38 M.R.S.A. §480-DD.
C.Verification of habitat value. An individual may voluntarily submit documentation to the department or the Maine Department of Inland Fisheries & Wildlife (IF&W) regarding the value of a shorebird nesting, feeding or staging area. 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 shorebird nesting, feeding or staging area, or field verified by IF&W. Following review of such documentation, IF&W may modify the boundary of a shorebird nesting, feeding or staging area 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 shorebird nesting, feeding, and staging area, 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 permit for that activity and will not be subject to enforcement action if jurisdiction or penalty would be based solely on that activity. NOTE: The cutting standards in 38 M.R.S.A §480-CC(2) apply to shorebird feeding and roosting buffers.
06- 096 C.M.R. ch. 335, § 11