Code of Maine Rules
01 - DEPARTMENT OF AGRICULTURE, CONSERVATION AND FORESTRY
669 - BUREAU OF FORESTRY (MAINE FOREST SERVICE)
Chapter 23 - TIMBER HARVESTING STANDARDS TO SUBSTANTIALLY ELIMINATE LIQUIDATION HARVESTING
Section 669-23-4 - DEFINITIONS

Universal Citation: 01 ME Code Rules ยง 669-23-4

Current through 2024-38, September 18, 2024

For the purpose of 12 M.R.S.A., Chapter 805, sub-chapter 3-A and this rule, the following terms are defined as follows. Unless otherwise provided herein, this rule incorporates by reference the definitions contained in MFS Rule Chapter 20 (Forest Regeneration and Clearcutting Standards).

A. Adequately Stocked Stand means for even aged stands a forest stand that contains C-line stocking as defined by the stocking guide relevant to particular species published by the USDA Forest Service. For uneven-aged management, "adequately stocked stand" means that the stocking level of acceptable growing stock trees must not be less than 60 square feet of basal area per acre.

B. Area Affected by a Harvest means the area where timber harvesting activities, including the cutting of trees, skidding, yarding, and associated road construction take place. The area affected by a harvest encompasses the area within the outer boundaries of these activities, excepting unharvested areas greater than 10 acres within the area affected by a harvest.

C. Certified Master Logger means a timber harvester certified under the Master Logger Certification Program, a program administered by the Professional Logging Contractors of Maine, a non-profit corporation of Maine, according to standards promulgated by that program dated April 1, 2003.

D. Certified Resource Manager means a licensed forester whose sustainable forest management of a client's forest lands is verified by an independent 3rd party audit.

E. Forest Land means land primarily covered with trees, and where commercial timber harvesting is not precluded by legal requirement.

F. Forest Stand means a contiguous group of trees sufficiently uniform in age class, distribution, composition, and structure, and growing on a site of sufficiently uniform quality, to be a distinguishable unit.

G. High Grading means timber harvesting that removes the most commercially valuable trees and leaves a residual stand composed primarily of trees of poor quality, poor condition, unable to respond to release from competition, and/or non-commercial species.

H. Independent 3rd Party Certification means a system that verifies that forest management is consistent with a certification program's standards through an independent 3rd party audit of the management of forest lands. To be considered an "independent 3rd party certification" system:

1. The certification program, including but not limited to the standards for awarding certification and the protocols for ascertaining compliance must be developed and administered by an entity with no financial interest in the entity seeking certification except by reason of the contract for certification services;

2. The organization retained to perform the certification audit must receive no financial benefit from timber harvesting on the land or by the entity being audited, except for the contractual relationship for the audit service.

I. Liquidation Harvesting means the purchase or other acquisition of forest land followed by a timber harvest that does not comply with Section 6 of this rule, and the subsequent sale, offer for sale, or other conveyance of the harvested land, or any portion of it, within 5 years.

J. Parcel means the contiguous area within one municipality, township, or plantation owned by one person or group of persons in common or joint ownership.

K. Rare natural community means a plant community rated as S1 or S2 by the Maine Natural Areas Program.3

L. Responsible party means all of the following persons or entities, jointly and severally:

1. The landowner, or landowners, who owned the property at the time a timber harvest subject to this rule was conducted;

2. The landowner's designated agent at the time a timber harvest subject to this rule was conducted;

3. The Licensed Forester and/or the employer of the Licensed Forester who:
a. Signed the harvest plan for a timber harvest subject to this rule; or

b. Supervised a timber harvest subject to this rule; or

c. Certified that a timber harvest subject to this rule was conducted in accordance with a timber harvest plan required by this rule.

4. The timber harvester who conducted a timber harvest subject to this rule.

M. Threatened or Endangered Species means plants and animal species listed as threatened or endangered by the U.S. Fish and Wildlife Service, the Maine Department of Inland Fisheries and Wildlife, or the Maine Natural Areas Program.

N. Timber Harvesting means the cutting or removing of timber for the primary purpose of selling or processing forest products.

O. Timber Harvest Plan means a site-specific document signed by a Licensed Forester outlining proposed timber harvesting activities that are consistent with the standards established in this rule.

P. Timberland has the same meaning as "forest land" in this rule.

[3] A current listing may be obtained by contacting the Maine Natural Areas Program, 93 State House Station, Augusta, ME 04333-0093.

Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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