09-137 C.M.R. ch. 29, § 02 - Designation of Species of Special Concern

A. In determining whether a species meets one or more of the standards for designating a species of special concern, qualifications for consideration, population guidelines, and other factors will be considered. For the purposes of this chapter, "species" will mean "species" or "subspecies" and "populations" will mean all individuals of the species, statewide.

1. Qualifications for Consideration

A species may only be recommended for listing as a state Special Concern species if it meets all of the following qualifications:

a. It is a species of mammal, bird, fish, amphibian, reptile, or invertebrate wild by nature as distinguished from domestic species;

b. It is an indigenous species to Maine, meaning it is not an exotic deliberately or accidentally introduced into Maine, the United States, or North America.

c. It is a species that spends some portion of its annual cycle in Maine, including breeding, migration, or wintering, but is not a vagrant or accidental visitor;

d. It is a species that has not expanded into Maine within the past 50 years as part of a general range expansion, unless it historically occurred in Maine, is threatened or declining throughout a significant portion of its total range, or other significant risk factors have been identified;

e. It is a species that has not been reintroduced into Maine as part of an experimental wildlife management program, unless listing is part of the reintroduction plan; and

f. It is taxonomically classified no finer than a subspecies, unless federally Endangered or Threatened.

2. Population Guidelines

The following population characteristics, when available, will be considered by the Commissioner when determining whether a species meets the definition of a species of special concern in accordance with 12 M.R.S.A. §10001.

a. Population vulnerability,

b. Population trend,

c. Population distribution,

d. Population fragmentation,

e. Endemism, meaning the species entirely or largely occurs only in Maine and immediate bordering jurisdictions, and

f. Regional concern

3. Other Factors

In addition to population guidelines (2) above, other factors, including range or habitat loss, disease, predation, over-utilization, inadequacy of regulations, and other natural or human-related factors as measured through observation, inference, or projection, will be considered when determining whether to include a species on the list of species of special concern.

4. Listing Handbook

The Department shall utilize the "Endangered and Threatened Species Listing Handbook" that will provide scientifically based listing guidelines and criteria based on Sections A-1, 2, and 3 of this rule to guide the listing process.

5. Review of List

At least every 10 years, the Department shall initiate a review of the list of Species of Special Concern to determine if any species should be added to, deleted from, or changed to or from the subcategory of Rare Species of Special Concern.

Notes

09-137 C.M.R. ch. 29, § 02