Maine Statute | Act | Code |Title 12. Conservation| US Code - US Statute | Chapter 803. Forest Health And Monitoring (heading. Pl 1999, C. 790, Pt. A, @17 (rpr))

Title 12 - §8101. Forest Health and Monitoring program

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 1: GENERAL PROVISIONS

§8101. Forest Health and Monitoring program

1. Powers and duties. The Director of the Bureau of Forestry shall maintain sufficient resources, both personnel and technical information, within the limit of funds available, in order to:

A. Maintain a statewide surveillance system to detect and monitor insects, diseases and abiotic agents, including air pollution and acid deposition potentially injurious to the forest resources of the State; [1987, c. 183, § 1 (amd).]

B. Provide information and technical advice and assistance to individuals and other state and federal agencies on the identification and control of forest insects and diseases; [1979, c. 545, § 3 (new).]

C. Conduct and supervise control programs for forest diseases and insects where authorized; [1987, c. 183, § 1 (amd).]

D. Assist in the enforcement of federal and state quarantine laws relating to forest insects and diseases; [1987, c. 183, § 1 (amd).]

E. Conduct applied research related to the management of insects, diseases and abiotic agents potentially injurious to the forest resources of the State, including forest management strategies, insecticide and spray application technologies, integrated pest management techniques and other issues pertinent to the purposes of this chapter. The director shall maintain up-to-date information on the injurious impacts of insects, diseases and abiotic agents, including air pollution and acid deposition on the forests of the State; and [1987, c. 183, § 1 (new).]

F. Consult and cooperate with other agencies of the United States, other state governments, the federal and provincial governments of Canada and public and private landowners in the State on applied research, survey and management of forest pest problems. [1987, c. 183, § 1 (new).]

[1999, c. 790, Pt. A, §18 (amd).]

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Augusta, Maine 04333-0007Title 12 - §8201. Detection

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 2: DETECTION; TECHNICAL ASSISTANCE

§8201. Detection

The director may go on any land for the purpose of surveying, inspecting or detecting the presence of a forest insect or disease which may, in the judgment of the director, pose a danger or public nuisance to the shade, ornamental and forest trees of the State. [1979, c. 545, § 3 (new).] div>
The director may do any work involved in ascertaining the presence of these organisms. If survey work involves the use of so-called "trap" material on developed lands, the landowner shall be notified of the intent to go on the land. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007Title 12 - §8202. Information and recommendations

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 2: DETECTION; TECHNICAL ASSISTANCE

§8202. Information and recommendations

1. Resources. The director shall maintain sufficient resources, including research materials and technical expertise, within the limits of available funds, in order that the bureau may:

A. Respond to requests to identify forest insects and diseases of concern to landowners and municipalities; [1979, c. 545, § 3 (new).]

B. Determine the severity of forest insect or disease problems; [1979, c. 545, § 3 (new).]

C. Provide advice on control measures; [1979, c. 545, § 3 (new).]

D. Refer individuals to other state or federal agencies for technical or financial assistance; [1979, c. 545, § 3 (new).]

E. Determine the results of compliance or failure to comply with recommendations made according to this section; and [1979, c. 545, § 3 (new).]

F. Respond to requests for information on insects, other than forest insects, including their identification and control. [1979, c. 545, § 3 (new).] [1979, c. 545, § 3 (new).]

2. Results of investigations. The director shall provide the results of any investigation completed pursuant to this section or section 8201 to the affected landowner and municipality. [1979, c. 545, § 3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007Title 12 - §8301. Emergencies

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 3: SUPPRESSION ACTIVITIES

§8301. Emergencies

Responsibility for control of forest insect and disease outbreaks shall, in all but emergencies, rest with the owners of the property whether private or public. [1979, c. 545, § 3 (new).] div>
Emergencies, for the purposes of this chapter, shall be so considered when, in the opinion of the director, the infestation or disease is likely to kill or seriously injure trees in large numbers, or is so localized that immediate control will prevent a large possible outbreak, or is of recent foreign origin. [1987, c. 183, § 2 (amd).] div>
In emergencies, the director may enter into agreement with municipal officials to pay up to 12 the cost of control if state funds are available for this purpose. Whenever the State does contribute funds for this purpose, it shall have the authority to determine the control methods to be used. The State may make similar agreements with groups of private owners if the project is approved by municipal officials. [1979, c. 545, § 3 (new).] div>
In an emergency, control measures may be done directly by the State or may be done on a contract basis with responsible private companies or individuals. [1979, c. 545, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007Title 12 - §8302. Locally requested control work

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 3: SUPPRESSION ACTIVITIES

§8302. Locally requested control work

Whenever any municipality shall appropriate or raise a sum of money and shall pay the same into the State Treasury for the purpose of controlling, within its borders, a forest insect or disease declared a public nuisance pursuant to section 8303, the director shall cause the amount to be expended in the municipality, together with such sum as may be determined by the director from the state appropriation made therefor. If the director finds it to be unnecessary or impracticable to expend the entire amount or any part thereof during the year following the payment to the Treasurer of State, the unexpended proportion shall be reimbursed to the municipality. [1979, c. 545, § 3 (new).]
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Augusta, Maine 04333-0007Title 12 - §8303. Declared a public nuisance (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 3: SUPPRESSION ACTIVITIES

§8303. Declared a public nuisance (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8304. Control measures; protest

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 3: SUPPRESSION ACTIVITIES

§8304. Control measures; protest

Any public agency or group of owners carrying on or planning control measures may appeal to the director for permission to carry out the project in case the owner or owners of property in or adjacent to the control area refuses to do control work or to allow control work to be done on their property. The director may, after careful inspection and survey has shown an emergency exists according to the requirements of section 8301, grant authority for control measures to be carried out on the protestors' lands. [1979, c. 545, § 3 (new).]
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Augusta, Maine 04333-0007Title 12 - §8305. Shipment prohibited

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 3: SUPPRESSION ACTIVITIES

§8305. Shipment prohibited

The director may prohibit, prevent or regulate the entry into or movement within the State, from any part thereof to any other part, of any plants of the genus Ribes or other nursery or wilding plants, stock or parts of plants which may cause the introduction or spread of a dangerous forest insect or disease. The director may issue the necessary orders, permits and notices necessary to carry out this section which shall not be considered to require or constitute an adjudicatory proceeding under the Maine Administrative Procedure Act, Title 5, chapter 375. [1979, c. 545, § 3 (new).]
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Augusta, Maine 04333-0007Title 12 - §8306. Authority to quarantine and destroy pest host material

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 3: SUPPRESSION ACTIVITIES

§8306. Authority to quarantine and destroy pest host material

1. Quarantines. The director may establish by rule a quarantine to restrict or prohibit the transportation within, into or from the State or any portion of the State of any forest or shade tree or part of any forest or shade tree, including, but not limited to, logs, bark, branches, seeds or scion material, or alternate host materials capable of supporting a disease or insect infestation when the following conditions are met:

A. The director finds that there exists within the State or in any other state, country or province a plant disease caused by a plant pathogen not native to the State or an infestation of insects not native to the State that, in the opinion of the director, is likely to kill or seriously injure forest or shade trees in large numbers; and [2001, c. 547, §1 (new).]

B. A quarantine to protect against the plant disease or insect infestation has not been established by the Commissioner of Agriculture, Food and Rural Resources or the Secretary of Agriculture of the United States or is not in effect. [2001, c. 547, §1 (new).]

[2001, c. 547, §1 (new).]

2. Rulemaking. The director shall adopt rules to establish:

A. Quarantines as needed and authorized under subsection 1; and [2001, c. 547, §1 (new).]

B. A process for the seizure, inspection, destruction or other disposition of any forest or shade tree or any material that exists within the State and is host to a plant pathogen or insect that is the subject of a quarantine or is transported into the State in violation of a quarantine established by the director, the Commissioner of Agriculture, Food and Rural Resources or the Secretary of Agriculture of the United States. [2001, c. 547, §1 (new).]

Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A. [2001, c. 547, §1 (new).]

3. Salvage of condemned material. Prior to ordering the destruction of forest or shade trees or parts of forest or shade trees, the director shall consult with the landowner and the person owning stumpage rights to determine if there are methods of destruction that allow recovery of the value or a portion of the value of the condemned material and effectively safeguard the forest resource. [2001, c. 547, §1 (new).]

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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8401. Short title (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8401. Short title (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8402. Legislative policy (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8402. Legislative policy (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8403. Definitions (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8403. Definitions (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8404. Spruce Fir Forest Protection District (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8404. Spruce Fir Forest Protection District (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8405. Funding (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8405. Funding (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8406. Taxation (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8406. Taxation (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8407-A. Settlement corridors (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8407-A. Settlement corridors (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8407. Designated spray areas (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8407. Designated spray areas (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007Title 12 - §8408. Automatic withdrawals (REPEALED)
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8408. Automatic withdrawals (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8409. Silvicultural treatment designation (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8409. Silvicultural treatment designation (REPEALED)

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Office of the Revisor of Statutes
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Augusta, Maine 04333-0007Title 12 - §8410. General conditions for withdrawals (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8410. General conditions for withdrawals (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8411. Duties and authority of the Director of the Bureau of Forestry (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8411. Duties and authority of the Director of the Bureau of Forestry (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8412. Committee on Spruce Fir Silviculture (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8412. Committee on Spruce Fir Silviculture (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8413. Rules relating to silviculture (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8413. Rules relating to silviculture (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8414. Forest Insect Manager (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8414. Forest Insect Manager (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8415. Service foresters (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8415. Service foresters (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8416. Other state and municipal agencies (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8416. Other state and municipal agencies (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8417-A. Technical programs (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8417-A. Technical programs (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8417. Research (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8417. Research (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8418. Appeals (REPEALED)
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8418. Appeals (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8419. Review (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8419. Review (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8420. Repeal (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4: SPRUCE BUDWORM SUPPRESSION ACT

§8420. Repeal (REPEALED)

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Augusta, Maine 04333-0007Title 12 - §8421. Short title

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8421. Short title

This subchapter shall be known and may be cited as the "Maine Spruce Budworm Management Act." [1979, c. 737, § 12 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007Title 12 - §8422. Legislative policy

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8422. Legislative policy

The Legislature declares that it shall be the policy of the State to undertake a spruce budworm management program to minimize the short-term and long-term impacts of spruce budworm insect infestations upon the state's spruce and fir forests in accordance with the following policy objectives: [1979, c. 737, § 12 (new).]

1. Supply of wood. The protection of an adequate present and future supply of wood to support the long-term economic needs of the State and of its forest products industries; [1979, c. 737, § 12 (new).]

2. Development of program. The development and utilization in both the public and private sectors of forest protection and management programs which are cost-effective, biologically sound and responsive to the environmental and health concerns of the public; [1979, c. 737, § 12 (new).]

3. Reduction in use of insecticides. The reduction in reliance upon the use of chemical insecticides in spruce budworm suppression programs; [1979, c. 737, § 12 (new).]

4. Private efforts; pest management. The encouragement of private efforts to undertake a variety of integrated pest management techniques which result in a long-term reduction in the susceptibility of the state's forests to spruce budworm infestation and loss; [1979, c. 737, § 12 (new).]

5. Implementation. The implementation of equitable methods for determining private and public participation in, and financing of, spruce budworm suppression and prevention programs, including provision for voluntary participation in future insecticide spray projects; [1979, c. 737, § 12 (new).]

6. Regulatory review. The provision for adequate regulatory review of insecticide spray projects by an independent state agency; and [1979, c. 737, § 12 (new).]

7. Assistance programs. The provision of management and utilization assistance programs for small forest landowners designed to minimize impacts of spruce budworm infestation and loss. [1979, c. 737, § 12 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
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Augusta, Maine 04333-0007Title 12 - §8423-A. Definitions

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8423-A. Definitions

As used in this subchapter, unless the context indicates otherwise, the following terms have the following meanings. [1981, c. 278, § 2 (new).]

1. Commissioner. "Commissioner" means the Commissioner of Conservation. [1981, c. 278, § 2 (new).]

2. Designated spray area. "Designated spray area" means that land area within the district designated by the director, pursuant to section 8424, subsection 4, for inclusion within a spray project. [1981, c. 278, § 2 (new).]

3. Director. "Director" means the Director of the Bureau of Forestry. [1981, c. 278, § 2 (new).]

4. District. "District" means the Spruce Fir Forest Protection District established by section 8423-B. [1981, c. 278, § 2 (new).]

5. Forest land owners. "Forest land owners" means persons who own forest lands within the district, including, without limitation, persons owning or claiming timber and grass rights in public reserved land located within the district. [1981, c. 278, § 2 (new).]

6. Management program. "Management program" means all activities undertaken by the Bureau of Forestry in connection with the short-term and long-term suppression, control and prevention of spruce budworm infestations, including, without limitation, any activities undertaken in connection with spray projects, spruce budworm survey and detection activities, silvicultural, marketing and integrated pest management programs, research and related activities. [1981, c. 278, § 2 (new).]

7. Person. "Person" means any individual, partnership, joint venture, corporation or other legal entity or any group of persons which acts as a tenancy in common or joint tenancy for ownership purposes and includes any government or any agency, bureau or commission thereof. [1981, c. 278, § 2 (new).]

8. Rebate. "Rebate" means a payment by the State back to a person subject to taxation pursuant to this subchapter. [1981, c. 278, § 2 (new).]

9. Rule. "Rule" means a duly-adopted regulation of general applicability promulgated by the Bureau of Forestry. These rules shall have the force and effect of law. [1981, c. 278, § 2 (new).]

10. Spray program area. "Spray program area" means all that forest land within the district for which applications have been made and approved by the director pursuant to section 8424, subsections 2 and 3, except as removed pursuant to section 8425, subsection 2. [1981, c. 278, § 2 (new).]

11. Spray project. "Spray project" means all activities undertaken or caused to be undertaken by the Bureau of Forestry in connection with the application of insecticides or other materials against spruce budworm insects within a single year. [1981, c. 278, § 2 (new).]

12. Spruce budworm. "Spruce budworm" means the insect of the species known as Choristoneura fumiferana, Clem., at any stage of its biological development. [1981, c. 278, § 2 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8423-B. Spruce Fir Forest Protection District
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8423-B. Spruce Fir Forest Protection District

There is established a Spruce Fir Forest Protection District consisting of the areas accepted by the director pursuant to section 8424, subsection 3. [1981, c. 278, § 3 (new).]
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8423. Definitions (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8423. Definitions (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8424. Program planning
Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8424. Program planning

1. General authority. In accordance with the provisions of this subchapter, the Bureau of Forestry, acting under the supervision of the director, shall be empowered to plan for and undertake activities related to spray projects and management programs on behalf of the State. [1979, c. 737, § 12 (new).]

2. Application for spray project eligibility. Forest land owners may apply to the director prior to December 1st of any year to be eligible to participate in the spray projects for the following 5 years. The application shall show:

A. The name and address of the applicant and its agent, if any; [1979, c. 737, § 12 (new).]

B. The number and location on maps prescribed by the director of the acres of forest land for which application is being made; [1979, c. 737, § 12 (new).]

C. The location on maps prescribed by the director of the timber types, timber ages and proportions of spruce, fir and non-host species within such forest land; [1979, c. 737, § 12 (new).]

D. The location on maps of private and public road access to such forest land; [1979, c. 737, § 12 (new).]

E. The location on maps of all residences within that forest land; [1979, c. 737, § 12 (new).]

F. A 5-year cutting plan for such forest land showing plans for timber cutting, road construction and other planned land utilizations; and [1979, c. 737, § 12 (new).]

G. Any other information pertinent to the description, utilization and management of such forest land as the director may require for purposes of spray project and management program planning. [1979, c. 737, § 12 (new).]

The date for submission of the information required under subsection 2, paragraph C, may be extended by the director upon a showing that such information is not then available. Cutting plans accompanying the application may be utilized by the Bureau of Forestry for planning purposes, and may be shared with other government agencies, but shall not constitute records available for public inspection or disclosure pursuant to Title 1, section 408. For excise tax purposes, such application must designate one person who shall be billed and notified of any lien recorded under this subchapter. When a tax bill or notice of lien is sent to this person, it shall constitute notice to all other landowners listed on the application. Each forest landowner shall be jointly and severally liable for any tax, penalty or interest imposed under this subchapter. [1981, c. 278, § 4 (amd).]

3. Effect of application. The director shall accept, not later than December 1st of each year, any application which to his satisfaction meets the requirements of this section and any additional criteria which the director may impose by regulation in furtherance of the legislative policies of this subchapter. By December 31st, the director shall certify in writing to the State Tax Assessor the complete list of all participants in the program. The list shall include the names of the forest landowners, the names and addresses of the persons designated to be billed and served with notices of liens, particularized descriptions of the real estate included in the spray program area and statements of the acreage included in each parcel. If a change in ownership occurs after December 31st, the director shall inform the State Tax Assessor not later than the following September 1st. Upon the director's acceptance of any such application, the forest land involved shall, for a period of 5 years, be and remain eligible for inclusion within the spray project, and shall be subject to taxation pursuant to section 8427, regardless of any change in ownership of such forest land. The areas sprayed each year shall be determined on an annual basis pursuant to subsection 4. At the expiration of the 5-year period, application must be renewed by the forest land owner and accepted by the director in accordance with this section in order to enable continued eligibility for participation in subsequent spray projects. Forest land which is eligible for inclusion within the spray project and which has been accepted by the director may be withdrawn from the spray program area prior to the end of the 5-year period, provided that the withdrawal is made no later than December 1st to be effective for the spray project of the following year and that during the 5-year period:

A. Changes in present law, regulation or Maine Forest Service policy prohibit the forest land from being treated with either biological or chemical insecticides; [1981, c. 565 (new).]

B. Natural disaster, such as forest fire or blowdown make insecticide treatment impractical; [1983, c. 656, § 1 (amd).]

C. The director determines that withdrawal of the forest land furthers the legislative policies of this subchapter; or [1983, c. 656, §1 (amd).]

D. The landowner provides written assurance in the form of specific protection plans for each block of forest land proposed for withdrawal from the 5-year protection district. [1983, c. 656, § 1 (new).] [1985, c. 58, § 1 (amd).]

4. Spray project designation. Spray projects shall be designated in the following manner.

A. The director, acting in accordance with this subchapter, shall have ultimate and final discretion to determine, and from time to time modify, the location, type and manner of any spray project within the spray program area, subject to such regulatory review and approval by other state and federal agencies as is provided by law. The director shall make these determinations based upon evidence of the extent of budworm hazard to forest lands within the spray program area, forest stand composition, wood supply needs, buffer policies, opportunities for silvicultural and other management alternatives, the cost-effectiveness and biological soundness of spray treatment for particular forest lands, the recommendations of affected forest land owners and the public, environmental and public health concerns and such other factors as the director may deem to be in furtherance of the legislative policies of this subchapter. [1979, c. 737, § 12 (new).]

B. The director shall, not later than December 15th of each year, make a preliminary determination of the forest lands within the spray program area to which he tentatively deems it necessary and appropriate to apply chemical or biological spray treatment in the following year. Within 15 days following such preliminary determination, the director shall furnish and make available to the affected forest land owners and to the public maps showing the forest lands preliminarily so designated. Notice of the preliminary designation shall be published in the state paper and such other newspapers as the director deems appropriate. The notice shall indicate where spray area maps will be available for inspection and where further information may be obtained, and shall provide information concerning withdrawal procedures. [1979, c. 737, § 12 (new).]

C. Any forest land within the spray program area may be withdrawn from any annual spray project provided that a written request, adequately specifying on maps prescribed by the director the location of the acres to be withdrawn, is submitted by the forest land owner to the director no later than February 1st of the calendar year of the spray project involved. The director may at his discretion receive and act upon later-submitted requests for withdrawal. [1979, c. 737, § 12 (new).] [1979, c. 737, § 12 (new).]

5. General conditions for applications and requests. In addition to any other requirements for applications for spray project eligibility or for spray treatment and requests for withdrawal established under this subchapter, such applications and requests shall conform with the following requirements.

A. They shall be accompanied by maps, depicting the forest land involved, of the same size and scale as those accepted by the State Tax Assessor in the administration of the tree growth tax law. [1979, c. 737, § 12 (new).]

B. They shall include a statement of ownership rights in the forest lands involved. [1979, c. 737, § 12 (new).]

C. Subject to the provisions of paragraph D, they shall include written authorization from each owner of, or claimant to, an interest in the forest land involved, other than owners of easements and mortgages. [1979, c. 737, § 12 (new).]

D. In the case of applications or requests affecting parcels of forest land held in common and undivided or joint ownership, a controlling or majority interest in the parcel shall have the power to make applications and requests under this subchapter and such applications and requests, as well as the decisions of the director thereon, shall be binding on all owners of interests in those lands. [1979, c. 737, § 12 (new).]

E. Within 30 days following the transfer of any interest, other than an easement or mortgage, in any forest lands which are part of the spray program area, written notice of the transfer shall be sent to the director. [1979, c. 737, § 12 (new).] [1979, c. 737, § 12 (new).]

6. Settlement corridors. Settlement corridors are subject to the following provisions.

A. All land within 2 miles of publicly maintained roads within the district shall be designated by the director as settlement corridors. [1981, c. 278, § 6 (amd).]

B. Land within settlement corridors shall not receive insecticide spray treatment except under the following circumstances:

(1) The land is in the spray program area;

(2) The landowner makes a written request for the treatment not later than December 1st in the calendar year previous to the year of the spray project involved;

(3) The request is accompanied by such information as the director may require and meets such criteria as the director may adopt in furtherance of the legislative policies of this subchapter; and

(4) The request does not relate to land within a settlement corridor located in a municipality which has taken action to prohibit spray projects within that corridor pursuant to section 8425, subsection 2.
[1983, c. 623 (amd).]

C. The provision for settlement corridors under this section does not impair or affect the director's authority to define and carry out other policies and procedures, including, without limitation, the use of no-spray buffers, designed to protect the public health and the environment, as he deems necessary or appropriate. [1979, c. 737, § 12 (new).] [1983, c. 623 (amd).]

7. Technical assistance programs. The Bureau of Forestry shall undertake to develop and implement budworm management technical assistance programs for small wood lot owners. [1979, c. 737, § 12 (new).]

8. Supply-demand analysis. The Bureau of Forestry shall conduct or cause to be conducted an analysis of future supply and demand for the spruce and fir resources of the State. The purpose of such analysis shall be to determine the types and levels of future spruce budworm protection needs and strategies for such spruce and fir resources. [1979, c. 737, § 12 (new).]

9. Environmental health monitoring. The Bureau of Forestry shall cause to be conducted by an agency other than the Department of Conservation an environmental health monitoring program each year in which a spray project is conducted. The Bureau of Forestry shall prepare and submit an annual report to the Legislature dealing with all aspects of the environmental health monitoring conducted during the previous calendar year. [1979, c. 737, § 12 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8425. Regulatory Jurisdiction

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8425. Regulatory Jurisdiction

1. General rule. The Bureau of Forestry, in undertaking any spray project, shall apply for and obtain any permits and approvals of the Maine Pesticide Control Board and the Maine Department of Agriculture, Food and Rural Resources, as required by the laws administered by those agencies. Except as provided in this section, spray projects may be conducted without adherence to the laws administered by other state agencies or by any municipal, county or other local government body. [1979, c. 737, § 12 (new).]

2. Municipal action. Any municipality may prohibit the execution of spray projects within settlement corridors, as designated pursuant to section 8424, subsection 6, which lie within the municipality. Any such prohibition, or the repeal thereof, may be enacted in accordance with the procedures for enactment of municipal ordinances; provided that any such prohibition shall be enacted before April 1st of any calendar year in which it shall apply and that the municipality shall send a certified copy of its enactment to the director within 10 days following the adoption of the same. Settlement corridors within which spray projects have been prohibited pursuant to this subsection shall thereupon be removed by the director from the spray program area. [1979, c. 737, § 12 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8426. Funding

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8426. Funding

1. Recommendation of the director. On or before January 1st of each year, the director shall report in writing to the Bureau of the Budget and to the Legislature his estimate of the costs of implementation of any management program proposed for that program year, along with his estimate of the cost of funding program planning activities for the period beginning October 1st and ending on April 30th of the following year. If the director finds that no spray project is necessary in 1987, he shall make a determination of the need for ongoing management program activities. The director shall base his determination upon recommendations of affected landowners and the public, and other factors that the director deems to be in furtherance of the legislative policies of this subchapter. On or before January 1, 1987, the director shall report in writing to the Legislature his estimate of the costs of implementation of the management program activities determined to be necessary, along with a complete description of the activities and the related staff requirements. Management program activities in a year without a spray project shall include only necessary budworm survey and detection, research and administration. The director shall include in his report any recommended changes to this subchapter to ensure the implementation of equitable methods for financing ongoing budworm survey activities in years with no spray project, consistent with the legislative policies of this subchapter. [1985, c. 664, § 1 (amd).]

2. Authorization by Legislature. Following the recommendation made in accordance with subsection 1, the Legislature shall determine, not later than March 1st, the amount, if any, authorized for expenditure for any management program in that program year. That excise tax shall be assessed and collected in accordance with section 8427, subsection 2. At the same time, the Legislature shall determine the amount, if any, authorized for expenditure for preproject planning during the period beginning October 1st and ending April 30th of the following year. [1985, c. 664, § 1 (amd).]

3. Management program special accounts. Special accounts shall be established in the following manner.

A. The Treasurer of State shall establish 2 dedicated revenue accounts as follows.

(1) Into one account shall be deposited any revenues received by the State from the Government of the United States for any spray project.

(2) Into the other account shall be deposited any revenues received by the State from the excise taxes authorized pursuant to this subchapter.
[1979, c. 737, § 12 (new).]

B. The moneys credited to such accounts shall be used by the Bureau of Forestry to pay any expenses, debts, accounts and lawful demands incurred in connection with management programs authorized under this subchapter, and the director shall authorize the State Controller to draw his warrant therefor at any time. Any remaining balance in these accounts shall continue from year to year as a fund available for the purposes set out in this subchapter and for no other purpose. [1985, c. 58, § 2 (amd).]

C. Any revenue deposited in spray project special accounts attributable to services funded from other state accounts shall be credited to the accounts funding these services. If the General Fund funded these services, the revenue shall be credited to the General Fund Undedicated Revenue Account. In the case where the original source cannot be determined, these funds shall be deposited in the General Fund. [1983, c. 819, Pt. A, § 36 (new).] [1985, c. 58, § 2 (amd).]

4. Borrowing from General Fund. To accomplish the purpose of this subchapter, the director, subject to the approval of the Governor, may borrow moneys from the General Fund for up to 120 days, at no interest, in order to enable the bureau to pay expenses, debts, accounts and lawful demands for any management program authorized under subsection 2; provided that the aggregate amount of such borrowing may at no time exceed the amount of uncollected excise taxes authorized under this subchapter for that spray project. [1985, c. 58, § 2 (amd).]

5. Treasurer of State; temporary loan. The Treasurer of State, upon the recommendation of the director, as approved by the Governor, may negotiate a temporary loan or loans in anticipation of excise taxes to be raised during the same fiscal year. The loan application shall be initiated by the Treasurer of State so that the funds derived therefrom are available not before July 1st for expenditure by October 1st of the same fiscal year. The money borrowed shall be deposited in the account established pursuant to section 8426, subsection 3, paragraph A, subparagraph (2), and shall be used to fund the program during the preproject period beginning October 1st and ending on April 30th. Any income derived from investment of these funds shall be credited to the same account. Any amount borrowed pursuant to this section shall be repaid with interest from the amount collected as a preproject excise tax under section 8427, subsection 2. In the event that no such tax is collected, this amount shall be raised by a shared tax applicable to all acres in the district, as of July 1st of that fiscal year, the per acre rate of which shall be calculated by dividing the sum to be raised by the number of acres within the district. [1985, c. 58, § 2 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8427. Taxation

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8427. Taxation

1. Generally. Forest land owners within the district shall be subject to the excise taxes authorized under this section for the privilege of owning such lands and of receiving the benefits of spray project eligibility. In cases of divided ownership of such lands, the persons owning or claiming timber rights shall be subject to such taxes. [1981, c. 278, § 8 (amd).]

2. Pre-project excise tax. The pre-project excise tax shall be computed in the following manner:

A. The ratio of the planned spray acres for each landowner to the total planned spray acres for all landowners controlling 1% or more of the total planned spray acres in the project; [1981, c. 278, § 9 (new).]

B. The ratio computed in paragraph A shall be multiplied by the estimate of total project cost provided in section 8426, subsection 1, less the carryover account balance for landowners in the previous program; [1985, c. 58, § 3 (amd).]

C. The pre-project excise tax shall be assessed and billed by the State Tax Assessor within 30 days following the legislative authorization provided in section 8426, subsection 2; and [1985, c. 58, § 3 (amd).]

D. In the event that no spray project is planned for a given year, the pre-project tax shall be computed in the following manner:

(1) The ratio of the spruce fir forest protection district acres for each landowner to the total protection district acres for all landowners controlling 1% or more of the total protection district acres;

(2) The ratio computed in this paragraph shall be multiplied by the estimate of total program cost produced in section 8426, subsection 1; and

(3) The pre-project excise tax shall be assessed and billed by the State Tax Assessor within 30 days following the legislative authorization provided in section 8426, subsection 2.
[1985, c. 58, § 3 (new).]

[1985, c. 58, § 3 (amd).]

3. Post-project excise tax. The post-project tax for forest landowners within the district shall be computed and assessed as follows.

A. The director shall determine the total amount of costs incurred or budgeted to be expended in connection with the management program conducted during the then current calendar year. This amount shall be reduced by the amount of any money received for that program from the Federal Government. [1985, c. 58, § 4 (amd).]

B. [1985, c. 58, § 4 (rp).]

C. Ninety percent of the amount computed under paragraph A shall be raised by a post-project spray tax, the per acre rate of which shall be calculated by dividing the sum to be so raised by the number of acres which actually received spray treatment, as determined by the director. [1985, c. 58, § 4 (amd).]

D. Ten percent of the amount computed under paragraph A shall be raised by a post-project shared tax, applicable to all taxable acres in the district, the per acre rate of which shall be calculated by dividing the sum to be raised by the number of acres within the district, as designated by the director. [1985, c. 58, § 4 (amd).]

D-1. In the event that no spray project is conducted in a given year, the amount computed under paragraph A shall be raised by a post-project shared tax, applicable to all taxable acres in the district, the per acre rate of which shall be calculated by dividing the sum to be raised by the number of acres within the district, as designated by the director. [1985, c. 664, § 2 (amd).]

E. The director shall certify in writing to the State Tax Assessor, by September 1st, the post-project shared tax rates and the post-project spray tax rate, together with the number of acres within each ownership which are subject to those taxes. The director's certification shall be based on the latest available actual cost data, as well as an estimate of outstanding obligations, including personnel costs of the budworm management program. Final actual costs shall be determined on or before March 15th of the following calendar year. Any underestimates or overestimates resulting from this paragraph shall be credited or debited to the following year's program as appropriate. [1983, c. 810, § 5 (amd).]

F. The amount of the post-project excise taxes payable by each landowner shall be reduced by the amount assessed upon that landowner on account of the pre-project excise tax payable for that calendar year. [1981, c. 278, § 10 (new).]

G. The State Tax Assessor shall compute, assess and bill, by November 1st the amount of the post-project excise taxes payable by each landowner in accordance with this section. [1981, c. 278, § 10 (new).]

In the event that the amount so calculated results in a negative balance for any landowner, the State Tax Assessor shall refund to that landowner the amount of the balance in the form of a tax rebate. The rebate shall be made no later than April 30th of the year following the assessment date. [1985, c. 664, § 2 (amd).]

4. Due date. Fifty percent of the pre-project excise tax is due April 30th of the year in which it is assessed; the remaining 50% shall be due July 31st of that year. The post-project excise tax is due December 15th of the year in which it is assessed. Notice of the amount of any tax due under this subchapter shall be presumed complete upon mailing of a bill therefor. [1981, c. 630, § 1 (amd).]

5. Interest and penalty. Any tax assessed under this subchapter which is not paid when due shall accrue interest at the rate of 1 12% for each month, of fraction thereof, that the tax remains unpaid; and a penalty equal to 20% of the unpaid tax shall be added to the liability of any person who fails to pay a tax when due. [1979, c. 737, § 12 (new).]
div>

6. Tax lien. There shall be a tax lien to secure the payment of all taxes, penalties and interest assessed under this subchapter. The lien shall attach to all real estate described in any application made under section 8424, subsection 2, and shall take precedence over all other claims on that real estate and shall continue in force until the taxes, penalties and interest are paid or until the lien is otherwise terminated. For purposes of lien foreclosure, unpaid taxes assessed under this subchapter shall be delinquent on the date due. Thereafter, the State Tax Assessor may record, in the registry of deeds of the county or registry district where that real estate lies, a certificate signed by the State Tax Assessor setting forth the name of the person designated in section 8424, subsection 2, the amount of unpaid taxes, penalties and interest and a description of the real estate subject to the lien. Not later than one week after recording the lien, the State Tax Assessor shall notify the person designated in section 8424, subsection 2, that a lien has been recorded. If the full amount of the tax, penalty and interest is not paid within 6 months of the recording, the lien shall be foreclosed. Upon foreclosure, the State shall become fee simple owner of the real estate free of all encumbrances. That real estate shall be inventoried as provided in Title 36, section 1283. [1979, c. 737, § 12 (new).]

7. Review of assessments, supplemental assessments. Any forest landowner aggrieved by an assessment made under this subchapter may petition the State Tax Assessor for reconsideration, pursuant to Title 36, section 151, provided that the petition is filed within 45 days of the date of assessment. If justice requires, the State Tax Assessor may, with the approval of the Governor, abate, within 3 years from the date of assessment, all or part of any tax assessed under this subchapter by the State Tax Assessor. Within 3 years of an assessment made under this subchapter, the State Tax Assessor may make a supplemental assessment if he finds that any previous assessment is imperfect or incomplete in any material aspect. An assessment may be made at any time with respect to a time period for which a fraudulent application has been filed. The State Tax Assessor may require the assistance of the director in the performance of his duties under this subsection. The director shall recommed to the State Tax Assessor an appropriate disposition of any matter brought under this subsection. That recommendation shall be made within 15 days of the request and shall be in writing. [1979, c. 737, § 12 (new).]

8. Collection by Attorney General. Whenever any person fails to pay any tax, interest and penalty due under this subchapter within the time provided, the Attorney General shall enforce payment by civil action against the person from whom it is due for the amount of the tax, interest and penalty, together with costs, in either the Superior or District Court in Kennebec County or in the judicial division in which that person has a residence or established place of business. [1979, c. 737, § 12 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8428. Duties and authority of the Director of the Bureau of Forestry

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8428. Duties and authority of the Director of the Bureau of Forestry

1. General. The director shall supervise and coordinate the activities of bureau personnel in connection with all management programs. [1979, c. 737, § 12 (new).]

2. Rules. From time to time the director may adopt and amend rules for the implementation of this subchapter. The rules shall be adopted in accordance with the procedures set forth in Title 5, chapter 375, subchapter II. [1979, c. 737, § 12 (new).]

3. Applications. The director shall consider applications and requests made pursuant to section 8424, and shall grant conditionally or deny any such applications or requests. [1979, c. 737, § 12 (new).]

4. Declaration of termination of spray projects. Upon receipt of information satisfactory to him to the effect that future spray projects will not be beneficial, cost-effective or otherwise in furtherance of the legislative policies of this subchapter, the director shall report the same to the Commissioner of Conservation and to the Governor and shall recommend to the Legislature that this subchapter be repealed or amended as appropriate. [1979, c. 737, § 12 (new).]

5. Entry and inspection of lands. The director or his representatives may enter, upon reasonable advance notice to the landowner, at any reasonable time and in a reasonable manner, any tract of land for which application pursuant to section 8424, subsection 2, has been made in order to inspect the same free of any charge or cost imposed by the owner or his agents. [1979, c. 737, § 12 (new).]

6. Inspection of records. The director or his representatives may likewise inspect the books and records of any applicant under section 8424, subsection 2, with respect to any information submitted in connection with that application. He also may require periodic progress reports from such persons in connection with any such information. [1979, c. 737, § 12 (new).]

7. Contractual authority. The director, with the approval of the commissioner, shall have the authority to enter into contracts for the acquisition of insecticides, aircraft, personnel and other goods and services necessary or appropriate for management programs and for other purposes related to this subchapter. [1979, c. 737, § 12 (new).]

8. Reimbursement to state agencies. Out of funds available for any spray project, the director, subject to the approval of the Governor, may reimburse other state agencies for costs incurred by them in connection with such spray project. Such costs may include, but shall not be limited to, those incurred for environmental and health monitoring and regulation. Any department or agency of State Government is authorized to accept funds which may be available for carrying out the purposes of this subchapter. [1979, c. 737, § 12 (new).]

9. Cooperation. The director shall consult and cooperate with the United States Forest Service, other agencies of the United States and of any state, the dominion government of Canada, the governments of any provinces of Canada and public and private landowners in the State in developing and undertaking joint management program activities. [1985, c. 664, § 3 (new).]

10. Report. The director shall, at the end of each calendar year, undertake a complete financial review of any management program activities undertaken that year and shall make a full report on the activites to the next session of the Legislature. The report shall include, but not be limited to, sources of funding, private, state or federal and total expenditures broken down in the following categories: Insecticides, aircraft, monitoring, research and other appropriate categories. Also to be included shall be a statement of any remaining balance by source, private, state or federal. [1985, c. 664, § 3 (new).]

11. Permit applications. The director shall be responsible for processing all applications for regulatory permits and approvals for spray project operations as required by this subchapter. [1985, c. 664, § 3 (new).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8429. Forest insect manager (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8429. Forest insect manager (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8430. Research

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8430. Research

1. Authority. The Bureau of Forestry, acting through its director, with the approval of the commissioner, may make grants of funds and enter into contracts for purposes of research related to forest management strategies, insecticide and spray application technologies, integrated pest management techniques, forest product marketing and utilization and other issues pertinent to the purposes of this subchapter. This research may be funded with any funds available, provided that the cost of environmental and health monitoring of spray projects shall be part of annual spray project costs and not paid out of General Fund moneys. [1981, c. 278, § 12 (amd).]

2. Research on public lands. The commissioner, director or other chief executive officer of any state agency having jurisdiction over any public land may make that land available on such terms and conditions as he deems reasonable to any public or private nonprofit entity engaged in spruce budworm control research and related silvicultural control research. The director shall likewise encourage private landowners within the State to make their lands available for the same purposes. [1987, c. 183, § 4 (amd).]

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8501. Pest Control Compact (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8501. Pest Control Compact (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8502. Findings -- Article I (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8502. Findings -- Article I (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8503. Definitions -- Article II (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8503. Definitions -- Article II (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8504. The insurance fund -- Article III (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8504. The insurance fund -- Article III (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8505. The insurance fund; internal operations and management -- Article IV (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8505. The insurance fund; internal operations and management -- Article IV (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8506. Compact and Insurance fund administration -- Article V (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8506. Compact and Insurance fund administration -- Article V (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8507. Assistance and reimbursement -- Article VI (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8507. Assistance and reimbursement -- Article VI (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8508. Advisory and technical committees -- Article VII (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8508. Advisory and technical committees -- Article VII (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8509. Relations with nonparty jurisdictions -- Article VIII (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8509. Relations with nonparty jurisdictions -- Article VIII (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8510. Finance -- Article IX (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8510. Finance -- Article IX (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8511. Entry into force and withdrawal -- Article X (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8511. Entry into force and withdrawal -- Article X (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8512. Construction and severability -- Article XI (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8512. Construction and severability -- Article XI (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8513. Cooperation (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8513. Cooperation (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8514. Bylaws filed (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8514. Bylaws filed (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8515. Compact administrator (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8515. Compact administrator (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8516. Request (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8516. Request (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8517. Appropriations (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8517. Appropriations (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007Title 12 - §8518. Definition (REPEALED)

Title 12: CONSERVATION
Part 11: FORESTRY
Chapter 803: FOREST HEALTH AND MONITORING (HEADING: PL 1999, c. 790, Pt. A, @17 (rpr))
Subchapter 5: PEST CONTROL COMPACT (HEADING: PL 2005, c. 147, @2 (rp))

§8518. Definition (REPEALED)

The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007

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