Section 096-335-8 - Seabird nesting islandSeabird nesting islands are significant wildlife habitats. An activity impacting a seabird nesting island must meet the standards of this chapter.
Seabirds live over the open ocean, returning to land only once a year to nest, and their survival depends on undisturbed nesting habitat. Small, unforested, rocky islands such as those off the coast of Maine provide a setting free of mammalian predators such as foxes, coyotes, and raccoons. Flying distance from the mainland discourages avian predators such as great horned owls. Many seabird species nearly eradicated in Maine by the end of the 19th century have recovered dramatically, thanks to the passage of state and federal conservation laws and the restoration efforts of dedicated scientists. In 1998, 234 seabird nesting Islands in Maine were afforded protection as Significant Wildlife Habitat under the Natural Resource Protection Act.
A.Definitions. As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. (1) Seabird. Colonial nesting waterbirds including Leach's Storm-petrel, Great Cormorant, Double-crested Cormorant, Laughing Gull, Herring Gull, Great Black-backed Gull, Common Tern, Arctic Tern, Roseate Tern, Razorbill, Black Guillemot, Atlantic Puffin, and Common Eider. (2) Seabird nesting island. (a) An island, ledge, or portion thereof in tidal waters that has documentation of 25 or more: nests or seabirds, adult seabirds displaced from nests, or in combination (single species or aggregate of different species) in any nesting season during, or since, 1976; provided that the island, ledge, or portion thereof continues to have suitable nesting habitat. (b) An island, ledge, or portion thereof in tidal waters that has documentation of one or more nests of a seabird that is a Maine endangered or threatened species in any year during, or since, 1976 provided that the island, ledge, or portion thereof, continues to have suitable nesting habitat. B.Maps. Seabird nesting islands are delineated on 7.5 minute U.S. Coast and Geodetic Survey maps developed by the Maine Department of Inland Fisheries and Wildlife. The maps are identified as Significant Wildlife Habitat Seabird Nesting Island Maps #1-55, January 1998. NOTE: The criteria used to define seabird nesting islands was developed by the Maine Department of Inland Fisheries and Wildlife (09-137 CMR 10.02(F)). Maps of seabird nesting islands are available from the Department of Environmental Protection or the Maine Department of Inland Fisheries and Wildlife (IF&W).
C.Removal or displacement of vegetation. For seabird nesting islands, removal or displacement of vegetation does not include: (1) Gardening, lawn cutting, removal of fallen vegetation, and tree and shrub pruning within an existing development area as of September 15, 1998. (2) Removal of an entire tree when it threatens a building. D.Seabird critical nesting period. The seabird critical nesting period is from April 15 to August 31 each year unless otherwise approved by the Maine Department of Inland Fisheries and Wildlife. 06- 096 C.M.R. ch. 335, § 8