09- 137 C.M.R. ch. 8, § 06

Current through 2024-51, December 18, 2024

Section 137-8-06 - Protection Guidelines and Broad Activity Exemptions for Bats

A.Definitions

When used in this section, the following words and terms shall have the following meaning:

1.Maternity roost trees- trees that have been used as roosts by female bats listed under 12 M.R.S. §12803, or their pups, between June 1 and July 31, as documented by the Department;

2.Subsurface winter hibernacula - natural caves or subterranean mines that are accessible for human entry and have been used by overwintering populations of bats listed under 12 M.R.S. §12803, as documented by the Department;

3.Tree removal - includes, but is not limited to, all forest management activities (harvesting and constructing roadways) by landowners or their agents, cutting or pruning of trees, and maintenance or expansion of existing rights-of-way for transportation or utility corridors; and

4.Unoccupied building - any building not currently used as a living space, work space, or as a place to congregate by people.

B.Protection Guidelines

Pursuant to 12 M.R.S. §12804(3), the following Protection Guidelines are established:

1. Tree removal is prohibited within 0.25 miles (0.4 km) of subsurface winter hibernacula without prior written approval by the Commissioner;

2. Tree removal is prohibited within 150 feet (45 m) of maternity roost trees during the period from June 1 to July 31 without prior written approval by the Commissioner;

3. All entry into subsurface winter hibernacula is prohibited during the period from October 1 to April 30 without prior written approval by the Commissioner;

4. Installation of materials to exclude bats listed under 12 M.R.S. §12803 from unoccupied buildings is prohibited during the period from June 1 to July 31 without prior written approval by the Commissioner;

5. Accidental mortality of bats listed under 12 M.R.S. §12803 that results from their removal from unoccupied buildings or the demolition of unoccupied buildings will be addressed with a "Widespread Activity Incidental Take Plan" ( 12 M.R.S. §12808-A(3) ) developed by the Commissioner; and

6. Accidental mortality of little brown bats and eastern small-footed bats that results from the operation of wind turbines is best addressed by "Specific Activity Incidental Take Plans" ( 12 M.R.S. §12808-A(2) ) customized to the unique circumstances at each facility and approved by the Commissioner.

C.Broad Activity Exemptions

Pursuant to 12 M.R.S. §12808-A(4), the following activities are exempt:

1. The removal, including lethal removal, and exclusion of bats listed under 12 M.R.S. §12803 from occupied buildings. Examples of best practices to remove and/or exclude bats from buildings are available from the Department;

2. The removal of hazard trees for the protection of human life and property;

3. Any cutting of trees that is compliant with the protection guidelines in 8.06(B); and

4. Accidental mortality of northern long-eared bats that results from the operation of wind turbines.

09- 137 C.M.R. ch. 8, § 06