Code of Maine Rules
09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE
137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL
Chapter 8 - ENDANGERED SPECIES
Section 137-8-02 - Designation of Endangered and Threatened Species

Universal Citation: 09 ME Code Rules ยง 137-8-02

Current through 2024-38, September 18, 2024

A. In determining whether a species meets one or more of the standards for designating a species as Endangered or Threatened as listed in 12 M.R.S.A. §12803, qualifications for consideration for listing, population guidelines for risk of extinction in Maine, and other factors will be considered. For the purposes of this chapter, "species" will mean "species" or "subspecies" and "populations" will mean all individuals of the species, statewide.

1. Qualifications for Consideration for Listing

A species may only be recommended for listing as a state Endangered or Threatened species if it meets all of the following qualifications:

a. It is a species of mammal, bird, fish, amphibian, reptile, or invertebrate wild by nature as distinguished from domestic species;

b. 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;

c. It is a species that spends some portion of its annual cycle in Maine, including breeding, migration, or wintering, but is not a vagrant or accidental visitor;

d. It is a species that has not expanded into Maine within the past 50 years as part of a general range expansion, unless it historically occurred in Maine or is threatened or declining throughout a significant portion of its total range;

e. It is a species that has not been reintroduced into Maine as part of an experimental wildlife management program, unless listing is part of the reintroduction plan; and

f. It is taxonomically classified no finer than a subspecies, unless federally Endangered or Threatened.

2. Population Guidelines for Risk of Extinction

The following population characteristics, when available, will be considered by the Commissioner when recommending whether a species meets the definition of Endangered or Threatened as provided 12 M.R.S.A.) § 10001 (19 and 63).

a. Population viability,

b. Population size,

c. Population trend,

d. Population distribution,

e. Population fragmentation, and

f. Endemism, meaning the species entirely or largely occurs only in Maine and immediate bordering jurisdictions.

3. Other Factors

In addition to population guidelines (2) above, other factors, including range or habitat loss, disease, predation, over-utilization, inadequacy of regulations, and other natural or human-related factors as measured through observation, inference, or projection, will be considered when determining whether to recommend a species for listing as Endangered or Threatened as provided in 12 M.R.S.A.) § 10001 (19 and 63).

4. Listing Handbook

The Department shall develop an "Endangered and Threatened Species Listing Handbook" that will provide scientifically based listing guidelines and criteria based on Sections A-1, 2, and 3 of this rule to guide the listing process.

B. Review of List

1. At least every 8 years, the Department shall initiate a review of the designation of species as Endangered or Threatened to determine if any species should be recommended to be added to, deleted from, or changed between the lists.

2. Requests to add, change, or remove species on the lists may be submitted to the Commissioner for review and recommendation no later than six months before the start of the next legislative session. Each request must include a completed and current "Maine Endangered and Threatened Species Listing Review Work Sheet" and scientific documentation that the species meets the criteria for an Endangered or Threatened species. Guidelines for completing the worksheet can be found in a current version of the "Maine Endangered and Threatened Species Listing Handbook."

C. Prior to recommending an addition, deletion or other change to the Endangered and Threatened Species List, the Commissioner shall provide for public notice and public hearings on the proposed recommendation(s) in accordance with the provisions of Title 5, chapter 375, subchapter II.

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