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Protecting Wildlife and Habitat in Maine: A Primer on Federal and State Environmental Laws (PDF)

 

Deciding When A Species is Endangered

 

USFWS Endangered Species Program

 

Maine Endangered Species Act & List

 

 

 

Wells: A Good Outcome for Beach Management

Back in 1995, I wouldn't have imagined I would be working closely and successfully with town officials and landowners in Wells to manage nesting piping plovers on the town's beaches. At that time, Maine's Department of Inland Fisheries and Wildlife had just proposed
designating several Maine beaches including Wells as "essential habitat" for the endangered piping plover. Designating an area as essential habitat safeguards that area and has helped endangered and threatened
species recover, including the bald eagle. Only 40 pairs of piping plovers nested in Maine in '95, and we needed to make sure that activities carried out by towns or landowners would be done in a way that would not hurt the birds.

Hearings were held in each town where essential habitat was to be designated, with little if any opposition heard, save one key exception: in Wells, a crowd of residents packed the school auditorium and literally shouted down the presentation of the habitat proposal. When it
became clear that those attending would not tolerate the hearing process, IF&W closed the formal hearing prematurely. Instead, the state agency allowed residents to speak their minds informally. When I rose to
speak on behalf of Maine Audubon, threats rang out from the back of the room.

Why was this happening?

Wells was different from other towns in that it had been trying to get both federal and state permits to dredge its harbor, which is adjacent to a sensitive and nationally significant resource, the Rachel Carson
National Wildlife Refuge. Maine Audubon and the state had raised substantial concerns that had delayed the project. Residents were angry and feared any more regulations would effectively kill a future dredge.

In 1998, a significant breakthrough for cooperation occurred when Maine Audubon and the town of Wells agreed on a one-time dredge that would protect the marsh and allow for a smaller harbor area. The negotiations that led to the compromise were the beginning of a less adversarial relationship between Maine Audubon and the town. We hoped we could use
this new beginning to gain cooperation for protecting nesting piping plovers in Wells.

That's when Maine IF&W biologist Mark Stadler convened a meeting of stakeholders to see if we could come up with a voluntary agreement that would assure the birds were protected without designating essential
habitat. After almost two years of negotiation, an agreement was signed by Maine Audubon, the U.S. Fish and Wildlife Service, Maine IF&W, Wells town officials and residents representing their local beach communities. In 2000, voters in Wells also passed the agreement at a town meeting.

Today, as a result of the beach management agreement, we have an active plover protection program in Wells. Our success is best reflected in how
well the birds are doing and what the town does to help them. In 2002 in Wells, there were 13 pairs of piping plovers nesting-20 percent of Maine's entire population. Wells also has hired a skilled coordinator who
recruits volunteers to monitor the birds and also conducts educational programs. The town is keeping better records of its beach management activities and improving its beach-cleaning techniques to ensure
equipment does not run over chicks.

As Wells moves forward with protecting the birds using a voluntary agreement, Maine Audubon and Maine IF&W are working with other towns that have essential habitat designations to make sure that their
activities do not negatively impact the birds. Maine Audubon has pushed hard for written agreements with all towns with nesting piping plovers and conducted
numerous training sessions for town crews working on beaches. Only by gaining support and cooperation can we be assured of hearing the low-pitched, gentle whistle of these birds when we enjoy some of Maine's
most frequently visited beaches.

Piping Plovers and Least Terns: The Last 100 Years


Pre-1900
Piping plovers and their nesting companions, least terns, are common
summer residents on most Atlantic Coast beaches.

Early 1900s
Uncontrolled hunting (primarily for the millinery trade) and egg collecting greatly reduce tern and plover populations.

1918
The demise of many seabird species ignites a public outcry for protection and the federal Migratory Bird Treaty Act is passed, protecting all migratory birds for the first time. Piping plover and least tern numbers slowly begin to recover.

Post-World War II
Maine's seabird populations decline dramatically again after habitat is lost to dune stabilization projects, seawalls, jetties, piers, parking lots and summer home construction. Biologists estimate more than 70 percent of Maine's historic plover and tern habitat has been lost.

1975
The U.S. Endangered Species Act is passed.

1977
Maine Audubon Biologist Jane Arbuckle bands the first least tern in Maine while Maine Audubon conducts the state's first survey for least
terns and finds that between 50 and 60 pairs are nesting and raising 50 young.

1981
Maine Audubon conducts the state's first piping plover survey, finding that only 10 pairs of plovers are nesting and raising only nine young.

1983
The Maine Department of Inland Fisheries and Wildlife creates its first fund for endangered and nongame wildlife through contributions from the " chickadee check-off" on state income tax forms.

1985
Maine Audubon successfully petitions DIFW to list least terns as endangered in Maine, leading the state to form a committee to determine other species for Maine's list.

1986
Maine's first list of 23 endangered and threatened species is adopted and includes piping plovers and least terns.

1980s
With the cooperation of a handful of landowners, Maine Audubon locates,
monitors and even erects stake-and-twine or metal fences around active
plover and tern nests to reduce the loss of eggs and chicks to predators. Outreach begins to keep people and pets away from nests.

1989
Maine Audubon staff and volunteers erect the first exclosures around piping plover nests. These circles of wire-mesh fencing with rows of twine over top deter both mammalian and avian predators and signal a significant turnaround for piping plovers. Meanwhile, least terns produce only eight fledglings.

1991
The Maine DIFW adopts recovery goals and objectives for saving piping
plovers by increasing the number of nesting pairs and active nesting sites as well as productivity (the average number of chicks fledged per pair).

1991-1995
Piping plover productivity increases to two chicks per pair.

1995
DIFW's 1991 goals are met and exceeded. Maine Audubon publishes and
distributes to landowners the first Piping Plover and Least Tern Newsletter.

1999
With funding from the Maine Outdoor Heritage Fund, Maine Audubon stations overnight biologists at the largest colony of least terns to ward off predators. The practice proves highly successful with 62 pairs
producing 67 young, the second-highest productivity since monitoring
began in 1977.

2000
Since 1996, between 47 and 60 pairs of piping plovers have nested on as many as 19 different beaches. Productivity has dropped slightly to one and a half chicks per pair. Meanwhile, a record-high 126 pairs of terns produce 81 fledglings.

2001
Piping plovers produce a record-breaking 100 fledglings.

Today
A Maine Audubon-led coalition of conservation organizations and individuals continues to work with local residents, landowners, real estate brokers and the general public to conserve piping plovers and least terns. Coalition members include the Maine Department of Inland
Fisheries and Wildlife, The Nature Conservancy, the U.S. Fish and Wildlife Service, the Maine Bureau of Parks and Lands, the Wells Reserve, Bates College, the Small Point Beach Association, the Prouts Neck Country Club, the Kennebunkport Conservation Trust, officials from Wells, Ogunquit, Scarborough and Old Orchard Beach and various other municipalities and dozens of volunteers.

 

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