SUMMARY: These rules regulate certain recreational uses of the Allagash Wilderness Waterway, approval and notification of timber harvesting, herbicide applications, and new construction in the Quarter Mile Zone.

SECTION 1. Scope and Purpose

Title 12, Section 1883, authorizes the Bureau of Parks and Lands to establish rules it determines “necessary and desirable for the protection and safety of the public and for the proper observance of the conditions and restrictions of this subchapter [VI]. The rules must provide for proper observance of rules of appropriate human behavior to preserve the natural beauty and wilderness character of the waterway.”

SECTION 2. Definitions

2.1.      Allagash Waterway or Waterway: The area of the waterway means the bodies of water consisting of lakes, rivers and streams extending from Telos Lake Dam northerly to the confluence of West Twin Brook and Allagash River, a distance of approximately 85 miles, and bodies of water consisting of lakes and streams extending from where Allagash Stream crosses the West Boundary of T8, R14 easterly to the inlet of Allagash Stream with Chamberlain Lake, a distance of approximately 10 miles. The Waterway includes Telos Lake, Round Pond (T6, R11), Chamberlain Lake, Eagle Lake, Churchill Lake, The Allagash River, Umsaskis Lake, Long Lake, Harvey Pond, Round Pond (T13, R12), the Allagash Stream, Allagash Lake, and all intervening and connecting bodies of water. It shall include all land area and all waters within one mile of the high water mark of the shore lines of the aforementioned lakes and ponds, intervening and connecting bodies of water, and the high water marks of either bank of the aforementioned streams and rivers.

 

2.2.      Campsite cell: An area within a designated campsite designed to accommodate one camping party and containing a fireplace and a picnic table. Campsites may contain one or more cells.

2.3.      A canoe is defined as a form of small watercraft long and narrow, sharp on both ends or sharp on one end and blunt at the other, usually propelled by paddles or small motors and having no sails. The width at the widest point shall not exceed 20% of the craft’s overall length, nor shall the transom, if any, exceed 26 inches in width. Measurement shall be the outside of the hull but shall not include gunwales, rub rails, or spray rails, if any.

2.4.      Dead: Trees that exhibit a near total loss of foliage and have a cambial layer that is discolored.

2.5.      Dead or Dying Area: A harvest or sub-harvest area will be considered dead or dying if 70% or more of its trees 6 inches in diameter and larger measured at 4-1/2 feet above ground level, are expected to be dead within five years. Includes merchantable trees that have been uprooted or fallen because of natural causes.

 

2.6.      Dying: Reasonably expected to be dead due to natural causes within five years; (e.g., spruce or fir severely defoliated in 3 successive years, trees with broken tops, blowdowns and windthrown trees, fire damaged, or diseased).

2.7.      Entry: The period of operation in each harvesting application received by the Bureau of Parks and Lands.

2.8.      Harvesting Area: Total contiguous area within the One-Mile Area of the Waterway proposed for commercial operation or pre-commercial operation, at one entry.

 

2.9.      Merchantable: Trees that are useable for a wood product, whether the market exists or not.

2.10.    New Construction: Includes any new buildings, roads, and other development. Does not include maintenance or repair work such as grading, reditching, replacement of culverts or replacement of bridge decks and stringers

 2.11.    One-Mile Area: All land area and all waters within one mile of the high water mark of the shorelines of the Allagash watercourse.

 

2.12.    Pre-Commercial Thinning: Timber cutting operation that does not include removal of trees six inches in diameter or greater (4-1/2 feet above ground level) from the stand.

2.13.    Restricted Zone: “Restricted Zone” means a land area of from 400 feet to 800 feet that extends in all directions from the bounds of the watercourse, and includes all land areas within the bounds of the watercourse and all additional areas that may be added by mutual agreement between the director and private property owners.

2.14.    Sub-Harvest Area: Units within the harvest area that will be cut using different harvesting techniques, usually because of steepness of slope, species composition, soils, and/or condition of trees.

 

2.15.    Visible Area: Those land areas that can be seen at any point on the watercourse from Churchill Dam north, without the aid of any magnifying devices.

2.16.    Watercourse: "The watercourse" means the bodies of water consisting of lakes, river and streams extending from Telos Lake Dam northerly to the confluence of West Twin Brook and Allagash River, a distance of approximately 85 miles, and bodies of water consisting of lakes and streams extending from where Allagash Stream crosses the west boundary of T8, R14 easterly to the inlet of Allagash Stream with Chamberlain Lake, a distance of approximately 10 miles. The watercourse includes Telos Lake, Round Pond (T6, R11) , Chamberlain Lake, Eagle Lake, Churchill Lake, the Allagash River, Umsaskis Lake, Long Lake, Harvey Pond, Round Pond (T13, R12), the Allagash Stream, Allagash Lake and all intervening and connecting bodies of water.

SECTION 3. Rules for Recreational Use and Access

The following rules and regulations are established by the Bureau of Parks and Lands pursuant to the provisions of the Maine Revised Statutes Annotated, Title 12, Section 1883.

         3.1.      REGISTRATION:

 Each party intending to camp overnight at an Allagash Wilderness Waterway campsite must register at the first opportunity at a North Maine Woods control station, an AWW Ranger Station, or with an AWW ranger.

          3.2.      CAMPING:

         A. The Bureau shall charge a reasonable fee for overnight camping.

B. Camping is prohibited except at authorized campsites. Authorized campsites are identified by signs and indicated in the Bureau’s Waterway brochure. Campsites consist of one or more individual cells each including a picnic table and a fireplace.

C. Camping is prohibited in parking areas, except camping will be allowed from October 1st to May 15th at the parking area at Chamberlain Thoroughfare, with the exception noted in section E.1, and October -1st to November 30th at the parking area at Umsaskis Thoroughfare.

D. Camping will be allowed on consecutive nights on any campsite if, in the judgment of the Bureau as represented by its authorized employees, such use is not an inconvenience to other users of the Waterway.

E. WINTER CAMPING AT CHAMBERLAIN THOROUGHFARE AND KELLOGG BROOK

1. Winter camping at the Chamberlain Thoroughfare parking area will not be permitted from the first Sunday in December to the second Saturday in December. All camping equipment must be removed from the parking lot during this period. Any camping equipment remaining in the parking lot may be subject to removal by the Bureau, at the owner’s expense. The parking lot will be open to campers from 8:00 A.M. on the second Saturday in December to May 15th.

2. Camping spaces in the parking area will be allotted on a first-come, first- served basis, until the campground capacity is reached. Registration takes place at the Chamberlain Thoroughfare Bridge ranger station, beginning at 8:00 A.M., on the second Saturday in December. No camping equipment shall be left on site without first registering.

                  3. One self-contained camping unit will be allowed per site.

4. Unregistered campers must register with the Waterway ranger upon arrival at Chamberlain Thoroughfare.

5. Full payment of the required fee will be due at the time of registration.

6. Assignment, subletting, and commercial use of campsites is not allowed.

            3.3.      GROUP SIZE

A. Groups of more than 12 persons of any age, including trip leaders and/or guides, are prohibited from traveling on the Allagash watercourse or camping at Allagash Waterway campsite cells. (See exception under Rule 3.3.C)

B. Groups that exceed this limit and intend to use the watercourse or campsites must:

1. divide into self-contained groups of 12 or fewer persons and travel out of sight of each other or at least one half mile apart;

                  2. not share equipment or campsite cells.

C. Oversized groups that were “grandfathered” by rule in 1974 may be granted a permit that will allow them to exceed the 12 person maximum by no more than the number of persons in the largest group the organization registered in the past 3 years. In no case shall the number of persons in the group exceed 18.

D. Trip Leader Permits are required for boys and girls camps licensed by the Maine Department of Human Services, or those camps located in another state that requires a similar license. Such camps, in conducting trips in the Waterway, shall:

   1. provide at least one staff member over 18 years of age for each 6 campers, and;

   2. ensure that the staff member in charge of the trip holds a valid Trip Leader Permit.

 3.4.      CUTTING OF TREES

 The cutting or damaging of live trees or brush within the Restricted Zone, except to maintain safe roadways and for authorized activities of the Bureau, is prohibited.

           3.5.      OPEN FIRES

A. Open fires are allowed only in authorized fireplaces on authorized campsites.

B. No person shall build fireplaces in addition to those provided by the Bureau.

C. When ground is snow covered, fires must be built in authorized fireplaces on authorized campsites, or on the ice below the high water mark.

            3.6.      LITTER/REMOVAL OF WASTE

A. All refuse, with the exception of paper goods that are burned, must be removed from the Waterway.

B. The discharging of wastes of any kind, including, but not limited to soaps and detergents, in the waters of the Allagash Wilderness Waterway is prohibited.

     3.7.     USE OF WATERCRAFT

A. From the south end of Telos Lake to the north end of Chamberlain Lake, the use of all models of personal watercraft (PWC), hovercraft, airboats, racing boats, and pontoon boats is prohibited.

B. From Lock Dam Stream, where it enters Eagle Lake north to Twin Brook Rapids, only canoes without motors or motors not exceeding 10 H.P., may be used on the watercourse.

C. On Allagash Lake and Allagash Stream to the red posts at the entrance of Chamberlain Lake, all watercraft are prohibited except canoes without motors.

D. Except on Telos and Chamberlain Lakes, the use of inflatable watercraft is prohibited.

E. Water skiing or other activities in which individuals are towed behind watercraft are prohibited .

      3.8.      SWIMMING

         Swimming, jumping, and diving from Churchill Dam and all bridges is prohibited.

      3.9.      ACCESS BY MOTOR VEHICLE

A. Access by motor vehicle to the watercourse shall be prohibited except at the following locations:

                      Chamberlain Thoroughfare Bridge, T6-R11;

                      Indian Stream,T7-R12;

    Churchill Lake Canoe Access Site , T9-R12 (when this facility is officially opened);

                      Churchill Dam, T10-R12;

                      Bissonnette Bridge, T10-R12

                      Umsaskis Launching Area, T11-R13;

                      Henderson Brook Bridge, T13-Rl2;

                      Michaud Farm, T15-R11;

                      Finley Bogan T15-R11;

                      Twin Brook, Allagash Plantation.

For the purposes of this rule, access by motor vehicle shall be defined as the stopping or standing of a motor vehicle and/or a trailer for the purpose of loading or unloading people, watercraft, baggage or provisions.

B.         Parking of vehicles within the Restricted Zone is prohibited except within designated parking areas at the following locations:

                     Churchill Dam, T10-R12;

   Churchill Lake Canoe Access Site, (when this facility is officially opened)

-- parking only for vehicles displaying official license plates or placards signifying physical disability;

                     Umsaskis Thoroughfare, T11-R13;

                     Michaud Farm, T15-R11;

                     Finley Bogan

C.        Parking for access to the watercourse is allowed outside the Restricted Zone and not to exceed any limits posted by the Bureau only at the following designated parking lots:

                     Chamberlain Thoroughfare, T6-R11;

                     Churchill Lake Canoe Access Site (when this facility is officially opened);

   Henderson Brook Bridge;

                     Indian Stream, T7-R12;

D.        Access by motor vehicle for camping at authorized campsites is allowed only at Ramsay Ledges and Cunliffe.

E.         The operation of motor vehicles within the One Mile Area around Allagash Lake is prohibited from May 1 to September 30.

F.         The use of automobiles and trucks on ice-covered portions of the watercourse is prohibited.

         3.10.    JOHN’S BRIDGE, T9-R13

         The launching or retrieving of watercraft(s), or other recreational equipment the embarking or disembarking          of passengers, baggage, or provisions from the watercourse within 500 feet of John's Bridge is prohibited.

          3.11.    ACCESS BY SNOWMOBILES AND ATVS

  A.        Access to the watercourse by snowmobiles is prohibited except at the following locations:

                                    T6 R11 - Telos Dam and Chamberlain Thoroughfare; T7 R11 - Mud Pond

                                    Carry and McNally Brooks; T7-R12, Indian Stream; T7-R13, Upper Crows

                                    Nest and Lock Dam; T7-R14, Island Road Allagash Lake and Carry

                                    Trail; T8-R13, Zeigler Trail; T8-R14, Ledge Campsite; T9-R12,

                                    Twin Brooks; T10-R12, Churchill Dam; T11-R13, Reality Road; T12-R13,

                                    Ross Stream; T13-R12, Henderson Brook Bridge;

                                    T14-R12, Burntland Brook; T15 R11, Michaud Farm and

                                    Allagash Plantation - Twin Brook.

         B.         Snowmobiles are prohibited on Allagash Lake and Allagash Stream.

         C.        ATVs are prohibited in the Waterway between April 1 and December 31.

D.        ATVs are allowed in the Waterway only on frozen ground from January 1 to March 31, with the following exceptions:

   1. ATVs are prohibited within one mile of Allagash Lake or Allagash Stream.

   2. ATVs are prohibited on groomed snowmobile trails, except from the Chamberlain Thoroughfare Bridge Parking Lot to Chamberlain Lake.

        E.         Other than as permitted above, ATV use is allowed only for

                      1. emergency, administrative, and forest management purposes;

                      2. administrative purposes at Nugent’s and Jalbert’s camps.

            3.12.    ACCESS BY AIRCRAFT

A.        Aircraft may land and take off, on open water, for the purposes of embarking or disembarking passengers, baggage, or provisions, only at the following locations:

                                    Telos Landing, T5-R11;

                                    Chamberlain Thoroughfare Bridge, T6-R11;

                                    Nugents Camps, T7-R12;

                                    Lock Dam, T7-R13;

                                    The Jaws between Churchill Lake and Heron Lake, T9-R12

                                    Camp Drake on Umsaskis Lake, T11-R13;

                                    Jalbert's Camps, Round Pond, T13-R12.

B.         Aircraft are not permitted to land or take off at any other locations within the One Mile Area, except with the prior approval of the Bureau.

 C.        Aircraft may land on frozen bodies of water within the One Mile Area, except Allagash Lake.

            3.13.    WATERCRAFT STORAGE

Watercraft, including watercraft equipment, shall not be left unattended in the Restricted Zone, except for emergency situations or temporary storage by permit. Temporary storage permits not to exceed 14 consecutive days, may be issued by the Bureau for designated locations, at the sites listed below:

                        Chamberlain Thoroughfare (T16-R11);

                        Indian Stream (T7-R12);

                        Churchill Dam (T10-R12);

                        Umsaskis Thoroughfare (T11-R13);

                        Henderson Brook Bridge (T13-R12);

                        Michaud Farm (T15-R11).

Each piece of equipment, including watercraft, shall be marked with a tag issued by the Bureau of Parks and Lands clearly showing the name and address of the owner and the date the watercraft was left unattended.

The Bureau shall have the authority to remove and hold any canoe and/or equipment left unattended in violation of this rule.

3.14.    FOOT TRAILS

The development and maintenance of foot trails within the Allagash Wilderness Waterway is prohibited, except those listed below:

                        The Allagash Mountain trail between Allagash Lake and Allagash Mountain;

                        The Carry Trail between Round Pond (T7-R14) and the south end of Allagash Lake;

                        The Johnson Pond Outlet trail between Johnson Pond and Allagash Stream (T8-R14);

                        The trail between Otter Pond and Allagash Lake (T8-R14);

                        The Indian Stream trail along Indian Stream to Eagle Lake (T7-R12);

                        The Priestly Mountain trail between Priestly Mountain and Umsaskis Lake;

                        The Pumphandle Trail (T8-R13);

                        The Round Pond Mountain trail to the Round Pond Mountain Tower (T13-R12);

                        The Tramway trail between Chamberlain and Eagle lakes;

                        The trail to the Ice Caves from Allagash Lake;

                        Portage Trails at Little Allagash Falls, Lock Dam, and Allagash Falls.

3.15.    POWER EQUIPMENT

A.        The possession or use of power saws within the Restricted Zone, except at Nugent’s and Jalbert’s camps or in vehicles in transit, is prohibited at all times. Chainsaws may be used at Jalbert’s and Nugent’s camps consistent with the terms of the Bureau’s leases for these camps.

B.         The use of other motor-powered tools and equipment within the Restricted Zone is prohibited, except:

1. Generators may be used in the camping areas at Chamberlain Thoroughfare Bridge and Kellogg Brook from December 1 to April 1.

                           2. Generators may be used at Jalbert’s and Nugent’s camps.

3. Power ice augers may be used on any of the lakes open to ice fishing except Allagash Lake.

   3.16.    CONDUCT

A.        Conduct detrimental to the safety and well being of a person or persons is prohibited, including but not limited to disorderly conduct, indecent acts, intoxication, or coarse language.

B.         Conduct that would change or damage the natural features, structures, and wilderness character of the Waterway is prohibited.

  3.17.    ARTIFACTS

Artifacts within the Restricted Zone are the property of the State and their disturbance, removal, or possession is prohibited except as specifically permitted in writing by the Director of the Bureau of Parks and Lands for research, preservation, or education purposes.

            3.18.    HUNTING/POSSESSION OF FIREARMS

A.        Hunting within the Restricted Zone is prohibited from May 1 through September 30.

B.         Firearms are prohibited within the Restricted Zone from May 1 through September 30, except when being transported across the Restricted Zone. Any firearm being transported across the Restricted Zone from May 1 through September 30, except in a motor vehicle, must be securely wrapped in a complete cover, fastened in a case, or carried in at least two pieces in such a manner that they cannot be fired unless joined together.

C.        The discharging of a weapon at any time from or within 300 feet of any picnic area, camping area or campsite, parking area, building, watercraft launching site, trail posted “No Hunting”, dam, or other developed Waterway facility, or from Chamberlain Bridge, John’s Bridge, Umsaskis Thoroughfare Bridge, or Henderson Brook Bridge, is prohibited.

    3.19.    ICE SHACKS

Ice shacks and/or structures used for ice fishing are prohibited within the Waterway from April 3 to the second Saturday in December, except that ice shacks may be stored in the parking lot at Chamberlain Thoroughfare Bridge from April 3 until May 15.

   3.20.    EXCEPTIONS

State employees or their representatives in the official conduct of their duties and with prior permission from the Bureau may be exempted from the above rules.