Section 137-3-00 - Feeding of DeerA. Scope of RulesIn accordance with Title 12 §10105, sub-§14, the Commissioner may regulate the feeding of deer in order to minimize potential public safety hazards or detrimental effects on deer, as well as minimize the risk of chronic wasting disease, as defined in Title 7, §1821, sub-§1.
The Department of Inland Fisheries and Wildlife recognizes the interest from the citizens of Maine in watching and feeding wildlife. However, it has been documented that when done inappropriately, feeding deer can increase mortality due to malnutrition, vehicle collisions, predation and disease. To assist the public in minimizing these conflicts, the Department provides information on its website and works with landowners to ensure feeding is done appropriately. This rule outlines a process where, when the issues listed in statute arise, the Department will work with the landowner to address them first through education, second by suggesting adaptations for feeding to minimize the problem and then if activities that are detrimental to deer as outlined in D3 below still exist, issue a warning and then a summons if needed.
B. Definitions1.Public safety hazard - A Public safety hazard may include but is not limited to the following: a Increased incidence of motor vehicle accidentsb Causing a traffic hazard2.Responsible party - The individual(s) actually feeding deer.3.Deer Feeding - The placement of food(s) determined to be attractive and/or consumed by deer in an area accessible to deer.4.Food Items - Foods determined to be attractive to and/or consumed by deer.C. Regulations on Introduction of Chronic Wasting Disease (CWD)If there is documented evidence of chronic wasting disease in deer in the State of Maine, as defined in Title 7, §1821, sub-§1, the Commissioner may prohibit the feeding of deer or cause the removal of previously placed food items consumed by deer at any location, in the county of occurrence, or any adjacent county to it within the State.
D. Regulations on Feeding Deer1. When a deer feeding activity creates a situation that is determined by the Department to be detrimental to deer and/or a public safety hazard, the Department will provide the responsible party or parties with a written notice of required actions to modify the feeding activity, or require that the feeding activity cease and food items be cleaned up and removed. The required action(s) will focus on avoiding the public safety hazards and activities detrimental to deer associated with the feeding activity. A written warning may be issued along with the written notice of required action(s).2. If the required action(s) are not initiated and completed within 48 hours of receipt of a written warning, a summons may be issued for a violation of a Commissioner's rule, Title 12, Section 10650.3. Activities detrimental to the deer population include but are not limited to: a Providing food to deer that could or does result in the death of deer by acidosis (grain overload) and enterotoxemia (overeating disease-proliferation of Clostridium);b Increased vulnerability to collisions with vehicles, predation or other mortality risks. Nothing in this rule is meant to supersede statutes prohibiting the baiting of deer as provided in Title 12, sub-§11452.
09- 137 C.M.R. ch. 3, § 00