Please Call
or E-mail Today
1. Please thank
Governor John Baldacci for his strong support of the rules.
2.
Tell your lawmakers the rule is important, supported
by science, and reasonable.
Governor John Baldacci
governor@maine.gov
Office of the Governor
#1 State House Station
Augusta, ME 04333-0001
(207) 287-3531
TTY (207) 287-6548
FAX (207) 287-1034
Find your legislators
Senate / House
www.maine.gov
Senate (800)
423-6900 TTY (207) 287-1583
House (800) 423-2900
TTY (207) 287-4469
Or e-mail activist@maineaudubon.org
MORE
INFO
activist@maineaudubon.org
You can also send a message on this issue using MaineECO's
service.
Maine Audubon's
testimony on LD 1981 to the NR Committe on 2/14/06. (PDF)
LD 1981 (HP 1388)
" Resolve, Regarding Legislative Review of Portions of Chapter 335: Significant
Wildlife Habitat, a Major Substantive Rule of the Department of Environmental
Protection"
| Take
Action
Please Support Protections for Shorebird and Wading Bird Habitat
Maine rules protecting important coastal habitats for shorebirds and
wading birds have been in the making for decades but are just coming
into
effect and are not well understood. In
fact, some Maine residents are objecting to them.
Because these fragile habitats (including mud flats and wetlands
where birds nest and feed) are vulnerable to disturbance, development,
and
environmental contaminants, the rules require a permit to develop
in or near those areas. The permit will ask that the development
occur 250' away from the habitat when possible. When this isn't possible,
the landowner will be asked to minimize impacts. If the lot is
already developed, an expedited permit will be available with limited
standards.
The rules are reasonable and protect the last remaining feeding and
resting areas for migratory shorebirds as they travel from the Arctic
circle to as far away as Chile where they spend the winter.
Some of
these places, like around Harrington and Addison, are nationally
significant to shorebirds. In the 1980s, the coastal zone from Trenton
Bay east
to Perry was identified as probably the most important fall migratory
stopover area in the eastern U.S. for four species of shorebirds
(semipalmated sandpipiers, semipalmated plovers, white-rumped sandpipers
and whimbrels).
Shorebirds are declining and once these places are gone, there will
be no where else for the birds to go and we risk losing them altogether.
Shorebirds and wading birds desperately need this habitat, but we
need it, too—not only to maintain our quality of life, but also
to keep drawing the visitors who bring millions of dollars to Maine
each year. It is extremely important that Governor John Baldacci and
your legislators know that there is strong public support for protecting
these special habitats.
YOU CAN HELP
1. Please thank Governor John
Baldacci for his strong support of the rules.
Governor John
Baldacci: governor@maine.gov (207)
287-3531/ (207) 287-6548 (TTY) / (207) 287-1034 (FAX)
2. Contact your legislators today. The key message lawmakers must
hear from you is that the rule is important, supported by science,
and reasonable.
Your Legislators: for e-mail
addresses and home contact info, please visit www.maine.gov or email
activist@maineaudubon.org with
your name
and address.
Want to do more?
Help build support for the rules; send a letter to the editor
of your local paper today.
Again,
the key message is that the rule is important,
supported
by science,
and reasonable.
Media: follow these links to media
contact info and tips for writing
effective letters.
Background
“Significant wildlife habitat” is protected under Maine’s
Natural Resources Protection Act. It includes a variety of wildlife
habitat that provides food, shelter, and, in some cases, breeding areas,
for endangered and threatened species, waterfowl and wading birds,
seabirds and shorebirds, and small amphibians crucial to forest ecology
and dependent on vernal pools (small wetlands).
TIMELINE
• Spring 2005, the Maine
Legislature directed the Department of Inland Fisheries and Wildlife
(DIFW) and the Department of Environmental Protection (DEP) to adopt
rules that provide definitions and development standards for several
significant wildlife habitats including significant vernal pools,
high and moderate waterfowl and wading bird habitat and shorebird
nesting,
feeding, and staging areas.
• Fall 2005, the Board of Environmental Protection and the Department of
Inland Fisheries and Wildlife’s Advisory Council held public hearings
on their proposed rules.
• Spring 2006, the Maine Legislature, after holding public hearings and
multiple work sessions, modified the rules to increase their user-friendliness
and endorsed the rules.
• Summer 2006, the rules for high and moderate waterfowl and wading bird
habitat and high and moderate value shorebird nesting, feeding and staging
areas went into effect.
The rule is important:
• Maine is blessed with a tremendously rich intertidal resource
whose richness is virtually invisible to most of us. Shorebirds
have been dependant on this resource for thousands of years. Roosting
areas are traditional resting areas in close proximity to feeding
areas that allow birds to sleep and take care of their
feathers (preen) without disturbance during high tides when foraging
is not possible. These areas are critical if they are to acquire
the large fat reserves needed to fuel their transoceanic flight (Bahamas
to Brazil and for some Uruguay, Argentina & Chile).
Research in Maine indicated that one species of shorebird (semipalmated
plover) nearly doubled its body weight to get ready for migration.
Shorebirds may even select a single species of “invertebrate” gorging
themselves by eating up to 23,000 individuals in a single tidal cycle.
Different species of shorebirds have different bill characteristics
which results in a sort of segregation of their feeding grounds to
limit competition.
Shorebirds generally stay 2-3 weeks in the fall on coastal staging
areas, feeding, resting to accumulate the fat reserves for crossing
the ocean going as far as Uruguay, Argentina and Chile. Typically,
shorebirds stay in Maine’s staging areas for 10-20 days.
There is one shorebird that deserves special distinction: the Purple
Sandpiper is the only shorebird to winter in Maine. It is estimated
that Maine’s coast winters almost half of the entire world
population of Purple Sandpipers. These birds choose to stay in Maine,
while most of their “cousins” fly to central and South
America.
• Human populations in coastal communities have increased
dramatically. In Maine, a Department of Economic and Community
Development report
estimated a 40% increase in population in coastal communities since
1978. Shorebirds are extremely susceptible to disturbance and will
abandon roosting and feeding site that have even moderate levels
of human activity.
We must be able to assure that these few intertidal
areas and the associated upland habitats are not degraded or abandoned
by the shorebirds
that rely on these sites for their very survival. Unabated development
or siting of our public access facilities without considering these
sites would be like shutting down the grocery stores as well as
their gas stations of migratory shorebirds since these birds are
self propelled
and need these critical staging areas to successfully migrate.
• Significant
habitat for Maine’s waterfowl (including
wild ducks, geese, and swans) and wading birds (including herons
and glossy ibis) provides stable water levels year round and
supports numerous plant and wildlife species not found elsewhere.
The rule is reasonable:
• During the review of activities within the 250 feet, the
DEP will apply all standards for avoidance and minimization in a
manner identical to that currently used to protect natural resources.
Each activity is examined on a case-by-case basis, and DEP division
staff
will work with individuals toward a reasonable solution
to any habitat and land use conflicts.
• The permit will ask that the development occur 250' away
from the habitat when possible. When this isn't possible, the landowner
will be asked to minimize impacts. If the lot is already
developed, an expedited permit will be available with limited standards.
The rule is supported by science:
• DEP consulted with wetland and wildlife professionals during
the rule development. These professionals confirmed that the proposed
criteria was not only feasible, but also consistent with standard
professional practice.
• High and moderate value shorebird
feeding and staging areas have
been identified by DIFW based on specific criteria and developed
over decades. Using standardized, scientifically sound
methods of inventorying and monitoring
shorebirds populations, DIFW initiated regional surveys in 1981. Surveys
were completed for the entire coast in 1991 using aerial and ground
surveys.
This information
along with census data from USFWS has been mapped, entered into
the DIFW database, and was updated in 1993, keying in on areas
identified from the previous regional surveys.
• DIFW has used
a conservative measure of at least 10% of the entire population
(as measured using total mean) or 10% of a single species surveyed
within
each shorebird survey unit. There are 222 sites used by shorebirds
for both roosting and feeding; 34 sites used for roosting only
and 29 feeding-only sites and all are intertidal. Many of these sites
are very small (.004 acres), with the largest one less than 750
acres
of intertidal area. Maine has 3500 miles of shoreline with only
78 miles of sandy beach which is one of the preferred habitats utilized
by large flocks of migratory shorebirds.
• Excerpts from the DIFW report: Migratory Shorebird Assessment,
revised April 2000.
1. Roosting areas are traditional resting areas in close proximity
to feeding areas that allow birds to sleep and take care of their
feathers (preen) without disturbance during high tides when foraging
is not possible. These areas are critical if they are to acquire
the large fat reserves needed to fuel their transoceanic flight
(Bahamas to Brazil and for some Uruguay, Argentina & Chile).
2. During the 1980’s the coastal zone from Trenton Bay east
to Perry was identified as probably the most important fall migratory
stopover area in the eastern U.S. for four species of shorebirds
(semipalmated sandpipers, semipalmated plovers, white-rumped sandpipers
and whimbrels).
3. In the 1980’s the largest known semipalmated sandpiper
and semipalmated plover roost in the eastern U.S. was in Wards
Cove,
off Ripley Neck in Harrington (40,000 semi sandpipers and 2400
semi plovers).
4. Recent surveys suggest over 21,000 shorebirds continue to use
the Harrington – Addison mudflats for feeding and have established
approximately 8 different roost sites.
5. The Harrington – Addison region qualifies as a “Regional
Shorebird Reserve” within the Western Hemisphere Shorebird
Network of Shorebirds Staging Areas.
6. Invertebrate densities (shorebird food) in these areas are some
of the highest recorded (e.g. Machias Bay: 2,600 to 83,000 invertebrates/
meter sq.) and are higher than in the Bay of Fundy.
7. Disturbance and development has dramatically affected use of
roost sites by shorebirds in Maine (e.g. Johnson Cove in Eastport – salmon
pens and support activities including parking on the beach, transporting
feed etc. within former roost site).
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