In late April, the Legislature authorized MFS to adopt a
liquidation harvesting rule that is slightly different from
the provisionally adopted rule of 14 April. In early May,
Governor Baldacci signed Resolve 144 (LD 1962, Resolve, Regarding
Legislative Review of Chapter 23: Standards for Timber Harvesting
To Substantially Eliminate Liquidation Harvesting, a Major
Substantive Rule of the Department of Conservation). Non-emergency
Bills and Resolves take effect 90 days following the end
of the legislative session, or 30 July. MFS will "finally
adopt" the rule no later than 60 days following the
effective date of the Resolve.
The following is provided for reference and comparison to
the provisionally adopted rule. The finally adopted rule
will be posted here later this summer.
LD 1962, Committee Amendment "A": http://www.mainelegislature.org/legis/bills/
billtexts/LD196203-1.asp
Summary of the liquidation harvesting rule
The majority report authorizing a liquidation harvesting
rule is a highly targeted, carefully constructed approach
to liquidation harvesting. There are 12 exemptions that enable
loggers, landowners, and forest products businesses who do
not engage in liquidation harvesting to be exempt from this
rule. These exemptions are:
1 - Lands owned as of the effective date of the Rule, or
which are held for more than 5 years;
2 - Lands which are third party certified;
3 - Harvests supervised by a certified resource manager;
4 - Harvests of less than 1,000 acres conducted by a Master Logger;
5 - Parcels owned by persons owning 100 acres or less of forest land statewide;
6 - Lands covered by permits for land conversion to other uses;
7 - Parcels containing 20 acres or less of forest land;
8 - Sales or gifts to relatives, settling estates, court orders, etc.;
9 - Sales pursuant to eminent domain;
10 - Certain transfers of common and undivided land;
11 - Transfers for roads and rights of ways;
12 - Harvests for personal use.
For those who buy, cut, and sell within a 5-year period
and who do not qualify for an exemption, there are 3 major
options designed to provide flexibility in harvesting operations.
Those are:
1 - Without high-grading, limiting harvesting to 50% of
the merchantable timber, as it existed when the parcel was
bought; or
2 - A harvest plan signed by a licensed forester; or
3 - Using a logger or forester has successfully completing a training course
accredited by the Maine Forest Service (for harvests up to 100 acres).
Additionally, a hardship option and a variance provision
provide flexibility for landowners and harvesters in unusual
situations.
The Maine Forest Service is committed to developing an outreach
and education program to those who may be affected by the
rules and to monitoring carefully the implementation of the
rules to minimize unintended consequences.
