Code of Maine Rules
09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE
137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL
Chapter 8 - ENDANGERED SPECIES
Section 137-8-06 - Protection Guidelines and Broad Activity Exemptions for Bats

Universal Citation: 09 ME Code Rules ยง 137-8-06

Current through 2024-38, September 18, 2024

A. Definitions

When used in this section, the following words and terms shall have the following meaning:

1. Maternity roost trees- trees that have been used as roosts by female bats listed under 12 M.R.S. §12803, or their pups, between June 1 and July 31, as documented by the Department;

2. Subsurface winter hibernacula - natural caves or subterranean mines that are accessible for human entry and have been used by overwintering populations of bats listed under 12 M.R.S. §12803, as documented by the Department;

3. Tree removal - includes, but is not limited to, all forest management activities (harvesting and constructing roadways) by landowners or their agents, cutting or pruning of trees, and maintenance or expansion of existing rights-of-way for transportation or utility corridors; and

4. Unoccupied building - any building not currently used as a living space, work space, or as a place to congregate by people.

B. Protection Guidelines

Pursuant to 12 M.R.S. §12804(3), the following Protection Guidelines are established:

1. Tree removal is prohibited within 0.25 miles (0.4 km) of subsurface winter hibernacula without prior written approval by the Commissioner;

2. Tree removal is prohibited within 150 feet (45 m) of maternity roost trees during the period from June 1 to July 31 without prior written approval by the Commissioner;

3. All entry into subsurface winter hibernacula is prohibited during the period from October 1 to April 30 without prior written approval by the Commissioner;

4. Installation of materials to exclude bats listed under 12 M.R.S. §12803 from unoccupied buildings is prohibited during the period from June 1 to July 31 without prior written approval by the Commissioner;

5. Accidental mortality of bats listed under 12 M.R.S. §12803 that results from their removal from unoccupied buildings or the demolition of unoccupied buildings will be addressed with a "Widespread Activity Incidental Take Plan" ( 12 M.R.S. §12808-A(3)) developed by the Commissioner; and

6. Accidental mortality of little brown bats and eastern small-footed bats that results from the operation of wind turbines is best addressed by "Specific Activity Incidental Take Plans" ( 12 M.R.S. §12808-A(2)) customized to the unique circumstances at each facility and approved by the Commissioner.

C. Broad Activity Exemptions

Pursuant to 12 M.R.S. §12808-A(4), the following activities are exempt:

1. The removal, including lethal removal, and exclusion of bats listed under 12 M.R.S. §12803 from occupied buildings. Examples of best practices to remove and/or exclude bats from buildings are available from the Department;

2. The removal of hazard trees for the protection of human life and property;

3. Any cutting of trees that is compliant with the protection guidelines in 8.06(B); and

4. Accidental mortality of northern long-eared bats that results from the operation of wind turbines.

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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