Maine Endangered Species Program/Listing Handbook
A Guide for Implementing the Maine Endangered Species Act
Maine Department of Inland Fisheries and Wildlife
Augusta, Maine
September 30, 1993
Introduction
The Maine Endangered Species Act (12MRSA) was passed by the Maine Legislature in 1975 and is administered by the Maine Department of Inland Fisheries and Wildlife (MDIFW or the Department). The Act declares its purpose as follows:
"The legislature finds that various species of fish and wildlife have been
and are in danger of being rendered extinct within the State of Maine, and that
these species are of aesthetic, ecological, educational, historical, recreational,
and scientific value to the people of the State. The Legislature, therefore,
declares that it is the policy of the State to conserve, by according such protection
as is necessary to maintain their numbers, all species of fish and wildlife found
in the State, as well as the ecosystems upon which they depend."
To achieve that purpose, the Act sets forth two basic charges to the Department for action:
1. to conduct investigations on any species of fish or wildlife whether endangered or not to develop information on population size, distribution, habitat needs, limiting factors or other data relating to their status and requirements for survival and to develop the necessary programs to enhance or maintain them; and
2. for any of the preceding species warranting it, to designate them endangered or threatened, thereby making them eligible for additional recognition and protection under the law and to establish the programs necessary for their recovery.
To carry out those two charges, a list of the species warranting attention under the Act needs to be developed and maintained. This Handbook is intended to serve as a guide in accomplishing that task. Its purpose is to provide a comprehensive and biologically based system that: 1) identifies species in danger of extirpation from Maine, and 2) provides a guide for assigning those species to categories relative to their probabilities of extinction from Maine. Towards that end, this Handbook has two specific objectives:
1. to document and define the procedures, guidelines, and information used in developing and maintaining the categories and lists of species relative to Maine's Endangered Species Act; and
2. to provide guidelines for assigning species to the categories established to fulfill the charges of Maine's Endangered Species Act.
Several key points warrant explanation to assist in understanding and applying the concepts and guidelines presented in this Handbook.
1. The specific criteria in this Handbook are presented as guidelines to decision-making. Their purpose is to provide a structured, systematic examination of the interacting factors that place a species at risk of extirpation from Maine, based on the best scientific knowledge of the extinction process.
2. The decision to list a species in any category does not automatically assign a certain level of management, nor does it automatically commit resources or programs. That decision, as to the level, type, and degree of management any listed species will receive, is a subsequent and separate step to the listing process presented in this Handbook.
Separating those two steps enables species to be listed based on the biological facts, purely reflecting the species' likelihood of decline or extinction within Maine. The decision is made without being constrained by such things as limits on agency funding, staffing, jurisdiction, or management capabilities, by political concerns, or by the ease or difficulties of managing a species, or a species responsiveness or lack of responsiveness to management.
By having a second step regarding management priorities, more refined decisions are subsequently allowed. The feasibility, desirability and practicality of management are considered at the second step as is the recognition that various state agencies or branches of agencies may have applicable jurisdictions. This second step is addressed in various MDIFW Jobs and in MDIFW's Management Systems.
In summary, the first step recognizes and documents concern for a species by listing it in one of four categories while the second step looks pragmatically at programs for its protection and recovery. This Handbook addresses the first step.
3. This Handbook covers all aspects of the Department's Endangered
Species Listing process, including both regulatory and policy level
components. For example, the Maine Endangered Species Act statutorily
establishes the categories of "Endangered" and "Threatened Species".
Species are added to or deleted from these categories through rule-making
procedures and the lists become regulations. Other administrative categories
are established by policy not by regulation and are used for planning
and informational purposes. They do not have the legal bearing of the
first two categories.
This Handbook comprehensively documents both aspects. Although it
is not intended to be used in its entirety for rule-making and regulation,
certain parts of this Handbook, limited to references of "Endangered" and "Threatened" categories,
are intended to serve as the basis for recommendations for rule-making.
Definitions
Statutory Definitions: State of Maine Inland Fisheries and Wildlife Laws; 12 MRSA PART 10 Chapter 701)
Endangered species: "Endangered species" means any species of fish or wildlife which has been determined by the Secretary of the Interior of the United States pursuant to the United States Endangered Species Act of 1973, Public Law 93-205, as amended, or the commissioner pursuant to this chapter to be in danger of extinction throughout all or a significant portion of its range.
Threatened species: "Threatened species" means any species of fish or wildlife which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range.
Fish: "Fish" means any cold-blooded, completely aquatic vertebrate characteristically having gills, fins and an elongated streamlined body usually covered with scales, and includes any physical part of a fish. The term refers to fish living predominately in inland waters, and anadromous and catadromous fish while in inland waters. Whenever the name of any fish, such as bass or trout, is used, it shall mean the named fish or any of its physical parts.
Wildlife: "Wildlife" means any species of the animal kingdom, except fish, which is wild by nature, whether or not bred or reared in captivity, and includes any part, egg or offspring thereof, or the dead body or parts thereof. Wildlife includes wild animals and wild birds.
Wild animal: "Wild animal" means a species of mammal, wild by nature, whether or not bred or reared in captivity, as distinguished from the common domestic animals, and includes any physical part of that species of animal. Whenever the name of any wild animal, such as deer or bear, is used, it shall mean the named wild animal or any of its physical parts.
Wild bird: "Wild bird" means a species of bird wild by nature, whether or not bred or reared in captivity, as distinguished from common domestic birds, and includes any physical part of that species of bird. Whenever the name of any wild bird, such as pheasant or eagle, is used, it shall mean the named wild bird or any of its physical parts.
Other Definitions as used in this Handbook: (For the purposes of this Handbook)
Species: meaning species or subspecies.
Population: meaning all individuals of the species or subspecies, statewide, unless otherwise specified.
Endemic: meaning a species of fish or wildlife found only in Maine.
Cycle: periodically recurring changes forming a pattern over time.
Immigration Rate: the rate at which individuals are added to a population through interchange with other populations.
Discrete: distinct and separable.
Disjunct: disjoined, not attached to others.
Population Viability Analysis: a set of estimates that are the product of a systematic process for estimating species-, location-, and time-specific criteria for persistence.
Listing Categories
Four categories are established to implement Maine's Endangered Species Act: Endangered; Threatened; Special Concern; and Extirpated. Endangered and Threatened are established and named by statute. Special Concern and Extirpated are established administratively. Six categories were established by MDIFW in 1986. In this Handbook the "Indeterminate Status" and "Watch List" categories from 1986 are eliminated through their incorporation into the remaining categories, as appropriate.
The melding of six categories into four was done for several reasons. First, the definitions of the two eliminated categories overlapped, considerably, with the remaining four. Also, they were established in 1986 largely due to our limited knowledge for many species. Much knowledge has been gained since 1986, greatly diminishing the need for these two categories. Additionally, the melding of Maine's six categories into four brings Maine's Endangered Species list into closer conformity with prevailing thinking, with recommendations from the Northeast Nongame Technical Committee, and with policies and species status lists of surrounding States and Provinces. For these reasons and for the sake of simplicity and administrative ease, four categories are recommended.
Brief definitions of the four categories follow. Detailed guidelines for assigning species to these categories are presented in the remaining sections of this Handbook.
Endangered Species: Any species of fish or wildlife which has been determined to be in danger of extinction throughout all or a significant portion of its range by the Secretary of the Interior of the United States pursuant to the United States Endangered Species Act of 1973, Public Law 93-205, as amended, or the Commissioner of the Maine Department of Inland Fisheries and Wildlife pursuant to the Maine Endangered Species Act, 12 MRSA, Chapter 713, subchapter V.
Threatened Species: Any species of fish or wildlife which is likely to become an Endangered Species within the foreseeable future throughout all or a significant portion of its range.
Special Concern Species: Any species of fish or wildlife that does not meet the criteria as Endangered or Threatened but is particularly vulnerable and could easily become a Threatened Species or an Endangered or Extirpated Species due to restricted distribution, low or declining numbers, specialized habitat needs or limits, or other factors, or is a species suspected to be Endangered or Threatened or likely to become so but for which insufficient data are available.
Extirpated Species: Any species that was at one time indigenous to Maine but has not been documented as occurring in Maine for the past 50 years.
Listing Procedures
MDIFW has the responsibility of maintaining a current and accurate listing of species in danger of extirpation from Maine. This section of the Handbook documents the Department's procedures for periodic reviews or requests to add, remove, or change Listed Species. This section, after deletion of any references to the Special Concern and Extirpated Categories, will serve as the basis for rule-making. By doing so, the basic procedures for reviewing the list of Endangered and Threatened Species will be specified in regulation.
1. Periodic Review: The Department shall initiate a review, at least every five years, of the designation of species as Endangered, Threatened, Special Concern, or Extirpated to determine if any species should be: a) added to or removed from the lists; or b) changed from one listing category to another. Department staff shall undertake the review, utilizing other experts as appropriate, and recommend actions to the Commissioner. Any action by the Commissioner, pertaining to the Endangered or Threatened Categories, shall be handled as defined under Maine's Administrative Procedures Act (APA).
2. Requests: Requests to add or remove species from the lists or change
species from one category to another may be submitted to the Commissioner
at any time for consideration. Requests may originate from public or
private sources, including the Department. Department staff shall review
the requests and recommend actions to the Commissioner. Requests pertaining
to either the "Endangered" or "Threatened" Categories
must be in the form of a petition to the Commissioner as defined under
Maine's APA. Any action by the Commissioner, pertaining to the Endangered
or Threatened Categories, shall be handled as defined under Maine's
APA.
3. Interagency Coordination: When a State agency other than MDIFW
has primary or overlapping jurisdiction for a species (i.e. the Atlantic
Searun Salmon Commission and Atlantic Salmon; or The Department of
Marine Resources and marine fish, invertebrates, and anadromous and
catadromous species other than Atlantic salmon when in tidal waters),
IF&W will only consider the species for listing if the request
for listing has been reviewed by that agency, and that agency recommends
to the Commissioner of MDIFW that the species be listed, or the request
for listing has originated with that agency.
The decision as to whether to designate a species as Endangered, Threatened, Special Concern, or Extirpated, and the determination as to what Listing category to assign any species, shall be done in accordance with the Maine Endangered Species Act, other statutes and regulations of the State of Maine and the Maine Department of Inland Fisheries and Wildlife and shall be guided by the criteria and guidelines presented in this handbook.
Qualifications for Consideration for Listing
This section, "Qualifications for Consideration for Listing", sets forth the Department's policy regarding a species' eligibility for Listing. It lists several basic criteria a species must meet or fall within before it can be considered for listing in any one of the categories established, by the Department, to meet the provisions and purposes of the Maine Endangered Species Act. The categories, reflecting various levels of probability of extirpation from Maine, are Endangered, Threatened, Special Concern, and Extirpated.
After deletion of all references to the Special Concern and Extirpated Categories, this section will serve as the basis for rule-making. By doing so, the basic qualifications for considering species for listing as Endangered or Threatened Species will be specified in regulation.
Qualifications for Consideration for Listing:
A species can be considered for listing by MDIFW as an Endangered, Threatened, Special Concern, or Extirpated Species if it meets the following qualifications:
1. It is a wild species of mammal, bird, fish, amphibian, reptile or invertebrate;
2. It is an indigenous species to Maine, meaning it is not an exotic, deliberately or accidentally introduced into Maine, the United States, or North America by humans; and
3. It is a species that spends any portion of its annual life cycle in Maine, including breeding, migration, or wintering, and it is not a vagrant or accidental visitor.
Furthermore:
1. A species, for which there is evidence it has expanded its range into Maine within the past 50 years as part of a general range expansion and knowledge it did not occur in Maine prior to its range expansion, shall not qualify for consideration for listing unless the species is imperiled or declining throughout a significant portion of its total range;
2. A species reintroduced to Maine as part of a wildlife management program shall be judged on a case-by-case basis based on the intent of the introduction and the status of the species in Maine and range-wide.
3. Subspecies within Maine can be considered for listing. Finer taxonomic divisions, such as races or geographically distinct populations may be listed only as a result of:
a. such a listing under the U.S. Endangered Species Act; or
b. such consideration is limited to listing as "Special Concern".
Listing Guidelines
The listing of a species in Maine is an indication that it's risk of extinction from Maine is great enough to warrant concern and recognition. The listing category to which a species is assigned is a reflection of the relative magnitude of that species probability of extinction from Maine.
The following criteria are to be considered when recommending species for listing in Maine and the assignment of category. The specific numbers cited are to be used as guidelines. The ultimate recommendation regarding listing status shall be based on the best available scientific information.
Endangered Species: A species will be listed as Endangered if:
A. Either of the following criteria are met:
1. National Status It is federally listed as Endangered under the U.S. Endangered Species Act and Maine is included within the geographic boundaries of that listing; or
2. Population Modeling A population viability analysis of the species gives a 30% or greater probability of extirpation from Maine within 20 years or 10 generations, whichever is longer;
OR
B. Any two of the following five criteria are met, statewide, in Maine:
1. Population Size
a) It is a non-migratory or otherwise isolated population and the total population is estimated at fewer than 500 individuals or the breeding population at fewer than 200, or
b) It is a migratory or otherwise non-isolated population and the total population is estimated at fewer than 250 individuals or the breeding population at fewer than 100.
2. Population Trend
a) After allowing for known cycles, a population decline of 50% or more has occurred within the past 5 years or 75% or more within the past 20 years, or
b) After allowing for known cycles, a decline in reproductive success or recruitment of young into the breeding age population of 50% or more has occurred within the past 5 years or 75% or more within the past 20 years.
3. Population Distribution More than 90% of the population is found at fewer than 5 discrete, disjunct sites during any portion of the annual cycle.
4. Population Fragmentation The population is non-migratory or otherwise isolated (immigration rates less than 1 per year), its distribution is fragmented such that it occurs in discrete, disjunct sites, and there are no more than 2 of those sites with populations of 250 or more individuals.
5. Endemism The species is endemic to Maine.
OR
C. One or more factors including habitat or range loss, overutilization,
disease, predation, inadequacy of existing regulatory regulations,
or other man-made factors leading, through observation, inference,
or projection to a probability of extinction as characterized in
A.2. under "Endangered Species".
Threatened Species: A species will be listed as Threatened if it is not listed as Endangered and:
A. Any one of the following criteria are met:
1. National Status It is federally listed as Threatened or Category I under the U.S. Endangered Species Act and Maine is included within the geographic boundaries of that listing; or
2. Population Modeling A population viability analysis of the species gives a 20% or greater probability of extirpation from Maine within 30 years or 10 generations, whichever is longer.
OR
B. Any two of the following five criteria or any one of B.1., B.2.,
or B.3. under "Endangered" are met:
1. Population Size
a) It is a non-migratory or otherwise isolated population and the total population is estimated at fewer than 1000 individuals or the breeding population at fewer than 400, or
b) It is a migratory or otherwise, non-isolated population and the total population is estimated at fewer than 500 individuals or the breeding population at fewer than 200.
2. Population Trend
a) After allowing for known cycles, a population decline of 25% or more has occurred within the past 5 years or 50% or more within the past 20 years, or
b) After allowing for known cycles, a decline in reproductive success or recruitment of young into the breeding age population of 25% or more has occurred within the past 5 years or 50% or more within the past 20 years.
3. Population Distribution More than 90% of the population is found at fewer than 8 discrete, disjunct sites at any portion of its annual cycle.
4. Population Fragmentation The population is non-migratory or otherwise isolated (immigration rates less than 1 per year), its distribution fragmented such that it occurs in disjunct,
discrete sites, and there are no more than 5 of those sites with populations of 250 or more individuals.
5. Endemism The species is endemic to Maine.
OR
C. One or more factors including habitat or range loss, overutilization,
disease, predation, inadequacy of existing regulatory regulations,
or other man-made factors leading, through observation, inference,
or projection to a probability of extinction as characterized in
A.2. under "Threatened Species".
Special Concern Species: A species will be listed as Special Concern if the species is not listed as Endangered or Threatened and:
A. Any one of the following criteria are met:
1. National Status It is federally listed as Category 2 under the U.S. Endangered Species Act and Maine is included within the geographic boundaries of that listing.
2. Population Modeling A population viability analysis of the species gives a 10% or greater probability of extirpation from Maine within 100 years.
3. Population Size
a) It is a non-migratory or otherwise isolated population and the total population is estimated at fewer than 2000 individuals or the breeding population at fewer than 800, or
b) It is a migratory or otherwise, non-isolated population and the total population is estimated at fewer than 1000 individuals or the breeding population at fewer than 400.
4. Population Trend
a) After allowing for known cycles and intentional management actions, a population decline of 25% or more has occurred within the past 10 years or 50% or more within the past 75
years, or
b) After allowing for known cycles, a decline in reproductive success or recruitment of 25% or more has occurred within the past 10 years or 50% or more within the past 75 years.
5. Population Distribution More than 90% of the population is found at fewer than 12 discrete, disjunct sites at any portion of its annual cycle.
6. Population Fragmentation The population is non-migratory or otherwise isolated (immigration rates less than 1 per year), its distribution fragmented such that it occurs in disjunct, discrete sites, and there are no more than 5 of those sites with populations of 1000 or more individuals.
7. Endemism The species is endemic or nearly endemic to Maine.
8. Lack of Data It is a species that is believed could qualify for Endangered or Threatened listing but about which insufficient data are available to make that determination.
9. Declines Elsewhere The species currently occurs in Maine and is experiencing wide-spread declines throughout much of its range even if stable or increasing in Maine.
OR
B. One or more factors including habitat or range loss, overutilization,
disease, predation, inadequacy of existing regulatory regulations,
or other man-made factors leading, through observation, inference,
or projection to a probability of extinction as characterized in A.2.
under "Special Concern Species".
It was at one time indigenous to Maine but has not been documented as occurring in Maine for the past 50 years.
