A Guide to the Maine Endangered Species Act Requirements, Process, and Compliance

The Maine Endangered Species Act (MESA) plays a crucial role in protecting the state's most vulnerable plant and animal species, while also shaping the regulatory landscape for development projects across Maine. This comprehensive guide unravels the complexities of MESA, focusing on the Act's applicability, key provisions, and compliance obligations. It explores the intricate relationship between species conservation and land use, highlighting the need for proactive planning and strategic navigating of the permitting process. The guide also delves into recent regulatory developments and provides a wealth of additional resources, equipping readers with the knowledge and tools necessary to effectively manage projects in a manner that upholds MESA's core objectives. By understanding the nuances of this pivotal legislation, developers and consultants can not only ensure compliance but also contribute to the preservation of Maine's rich biodiversity for generations to come.

GENERAL INFORMATION

Key Details of the Maine Endangered Species Act

Issuing Agency: Maine Department of Inland Fisheries and Wildlife

Year Established: 1975

Last Amended: 2003

Statutory Authority: Maine Endangered Species Act of 1975

Primary Legal Reference: Maine Revised Statutes, Title 12, Chapter 925, Subchapter 3, Sections 12801-12810¹

Overview of the Maine Endangered Species Act

The Maine Endangered Species Act operates within the state's broader framework of environmental and wildlife protection laws. It complements federal regulations such as the U.S. Endangered Species Act by providing additional protections and management strategies for endangered and threatened species at the state level.

The primary goal of the Maine Endangered Species Act is to conserve, protect, and enhance endangered and threatened species and their habitats within the state. It aims to prevent the extinction of these species and promote their recovery.²

The Maine Department of Inland Fisheries and Wildlife is the primary agency responsible for administering and enforcing the act. The department works in collaboration with other state agencies, such as the Maine Department of Environmental Protection, to ensure compliance with the regulation.

The act was first enacted in 1975 and has undergone several amendments, with the most recent significant revision occurring in 2003. These amendments have strengthened the act's protections and aligned it with advancements in conservation science and management practices.³

The Maine Endangered Species Act achieves its goals through various mechanisms, including:

1. Listing and protecting endangered and threatened species
2. Prohibiting the taking, possession, transportation, or sale of listed species
3. Developing and implementing recovery plans for listed species
4. Designating and protecting essential habitats for listed species
5. Conducting research and monitoring of listed species and their habitats

The act applies to all lands and waters within the state of Maine, and it regulates the activities of individuals, businesses, and government entities that may impact listed species or their habitats.⁴

What does the Maine Endangered Species Act protect?

The Maine Endangered Species Act protects endangered and threatened species of fish and wildlife, as well as their critical habitats, within the state of Maine. An endangered species is defined as any species that is in danger of extinction throughout all or a significant portion of its range, while a threatened species is one that is likely to become endangered within the foreseeable future. The act protects these species from various threats, such as habitat destruction, overexploitation, disease, and predation, by prohibiting activities that may harm them or their habitats and by implementing conservation and recovery measures.

REGULATORY SCOPE & JURISDICTION

Regulated Activities & Entities

The Maine Endangered Species Act (MESA) is a comprehensive state law designed to protect and conserve endangered and threatened species within the state of Maine. The Act regulates various activities and entities that may have an impact on these protected species or their critical habitats. Industries and activities that are typically subject to MESA include:

• Land development and construction
• Forestry and logging operations
• Agriculture and farming
• Mining and resource extraction
• Energy production and transmission
• Transportation infrastructure development
• Recreational activities (e.g., hunting, fishing, and off-road vehicle use)

Under MESA, the following activities are prohibited without proper authorization or permits⁵:

1. Taking: Capturing, killing, or collecting any endangered or threatened species, including their eggs or offspring.
2. Possession: Possessing, selling, offering for sale, delivering, carrying, transporting, or shipping any endangered or threatened species or their parts, products, or eggs.
3. Habitat destruction: Significantly modifying or degrading the habitat of an endangered or threatened species in a way that impairs essential behavioral patterns, such as breeding, feeding, or sheltering.
4. Interference with conservation efforts: Disrupting or interfering with any conservation program or scientific investigation related to endangered or threatened species.

These prohibitions are essential for protecting endangered and threatened species from direct harm, as well as preserving the critical habitats they depend on for survival and recovery. By regulating these activities, MESA aims to maintain biodiversity, prevent species extinctions, and promote the long-term conservation of Maine's natural heritage.

Structure and Key Provisions

The Maine Endangered Species Act is structured into several key sections that outline definitions, prohibitions, permitting requirements, and enforcement provisions. The most important sections include:

Section 12801: Definitions

This section defines key terms used throughout the Act, such as "endangered species," "threatened species," "take," and "critical habitat."⁶

Section 12803: Investigations and Programs

This section authorizes the Maine Department of Inland Fisheries and Wildlife to conduct investigations and establish programs for the conservation of endangered and threatened species.⁷

Section 12804: Designation of Endangered Species

This section outlines the process for designating a species as endangered or threatened, including the required scientific evidence and public participation procedures.⁸

Section 12808: Prohibited Acts

This section lists the activities that are prohibited under MESA, such as taking, possessing, or selling endangered or threatened species, as well as damaging their critical habitats.⁹

Section 12809: Permits and Exceptions

This section establishes the permitting system for activities that may affect endangered or threatened species, including scientific research, conservation efforts, and incidental take permits for development projects.¹⁰

Section 12810: Penalties and Enforcement

This section outlines the penalties for violating MESA, which may include fines, imprisonment, and the revocation of permits or licenses. It also grants enforcement authority to the Maine Department of Inland Fisheries and Wildlife.¹¹

While this overview provides a general understanding of MESA's structure and key provisions, it is essential for developers, consultants, and other stakeholders to consult the full text of the regulation and engage with the relevant state agencies for project-specific guidance and compliance requirements.

COMPLIANCE REQUIREMENTS & STANDARDS

Regulatory Standards & Limitations

The Maine Endangered Species Act establishes various standards and limitations to protect and conserve endangered and threatened species in the state. These standards may include habitat protection measures, restrictions on activities that could harm listed species, and requirements for mitigation or conservation efforts.¹² The Maine Department of Inland Fisheries and Wildlife (MDIFW) is responsible for implementing and enforcing these standards through a combination of permitting processes, consultations, and other regulatory mechanisms.

Developers and consultants should work closely with MDIFW to understand how these standards apply to their specific projects and ensure compliance with the Act's requirements.

Monitoring, Reporting & Recordkeeping Obligations

Under the Maine Endangered Species Act, regulated entities may be subject to various monitoring, reporting, and recordkeeping requirements to ensure compliance with the Act's standards and limitations. These obligations may include:

• Conducting surveys or assessments to determine the presence of listed species or their habitats
• Monitoring the impacts of project activities on listed species and their habitats
• Reporting on compliance with permit conditions or conservation measures
• Maintaining records of monitoring data, compliance reports, and other relevant information

The specific nature and scope of these requirements will depend on the particular project and the species involved. Developers and consultants should work closely with MDIFW to understand and fulfill these obligations for their specific projects.

Enforcement Actions & Penalties

The Maine Department of Inland Fisheries and Wildlife is responsible for enforcing the provisions of the Maine Endangered Species Act. In cases of violations, the agency may take various enforcement actions, including:

• Issuing notices of violation or warning letters
• Imposing administrative orders requiring corrective actions or mitigation measures
• Assessing civil or criminal penalties, depending on the nature and severity of the violation

The specific enforcement provisions and penalty structures may vary depending on the type of violation and the species involved. Developers and consultants should prioritize proactive compliance and early engagement with MDIFW to avoid enforcement actions and ensure the protection of listed species and their habitats. It is essential to consult the full text of the Maine Endangered Species Act and work closely with MDIFW to understand the specific enforcement and penalty provisions that may apply to a given project.

ADDITIONAL RESOURCES

Recent Developments & Regulatory Outlook

The Maine Endangered Species Act has undergone several significant developments in recent years, with key amendments and policy changes shaping the current regulatory landscape. One notable development was the passage of LD 713, "An Act To Strengthen Maine's Endangered Species Laws," in 2019. This amendment aimed to enhance the protection of endangered and threatened species by increasing penalties for violations and expanding the Department of Inland Fisheries and Wildlife's authority to enforce the Act.

Another important development was the Maine Supreme Judicial Court's decision in the case of Somes v. Department of Inland Fisheries and Wildlife in 2020. The court's ruling clarified the scope of the Act's "take" prohibition, confirming that it applies not only to direct harm to listed related species but also to significant habitat modification that could indirectly lead to their death or injury.

Looking ahead, stakeholders should be aware of potential regulatory changes and policy shifts that may affect the implementation of the Maine Endangered Species Act. The Department of Inland Fisheries and Wildlife is currently considering updates to its listed species designations and critical habitat rules, which could expand or modify the range of protected species and areas.

To stay informed about these developments, developers and environmental consultants should regularly monitor the Department of Inland Fisheries and Wildlife's website, sign up for relevant mailing lists, and engage with industry associations such as the Maine Association of Wetland Scientists and the Maine Real Estate & Development Association. By staying up-to-date on regulatory changes and participating in the public comment process, stakeholders can better navigate the evolving regulatory landscape and ensure compliance with the Maine Endangered Species Act.

Additional Resources

Maine Endangered Species Act Full Text

Maine Department of Inland Fisheries and Wildlife Endangered Species Program

Maine Endangered Species Act Fact Sheet

Endangered and Threatened Species of Maine: A Guide for Towns and Land Trusts

Maine Association of Wetland Scientists