APPROVED CHAPTER
JULY 8, 2021 409
BY GOVERNOR PUBLIC LAW
STATE OF MAINE
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IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-ONE
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H.P. 288 - L.D. 404
An Act To Preserve Deer Habitat
Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation directs the Land for Maine's Future Board to give a
preferential consideration to certain projects that conserve lands that are important for
conserving deer; and
Whereas, this legislation provides for the acquisition and management of areas that
are important to the conservation of deer and provides that these lands must be managed
with deer conservation as the highest management priority; and
Whereas, funding for such acquisition and management may be available before the
end of the 90-day period; and
Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §6203, sub-§3, as amended by PL 2021, c. 135, §3, is further
amended to read:
3. Fund proceeds. The proceeds of the Land for Maine's Future Fund may be applied
and expended to:
A. Acquire property or an interest in property that is determined by the board to be of
state significance under the guidelines of this chapter;
B. When interest in land is acquired with proceeds from the Land for Maine's Future
Fund, fund minor capital improvements on such lands and on adjoining lands in the
same ownership or under the same management to improve accessibility, as long as
these improvements do not exceed 5% of the appraised value of the acquired property;
and
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 D. When land or interest in land is acquired with proceeds from the Land for Maine's
Future Fund, fund minor capital investments in the stewardship and management of
that land. Stewardship and management investments under this paragraph must be held
in a dedicated stewardship endowment and identified for use on the funded property.
Stewardship and management investments may not exceed 5% of the appraised value
of the acquired property.; and
E. When land or interest in land for deer wintering areas is acquired with proceeds
from the Land for Maine's Future Fund pursuant to section 6207, subsection 2,
paragraph E, fund the development of a management plan to provide for the land's
continuing function as a deer wintering area, as long as the cost of the plan and any
investments related to that land under paragraph D do not exceed 5% of the appraised
value of the acquired property. A management plan developed under this paragraph
may also apply to adjoining deer wintering areas in the same ownership or under the
same management.
Sec. 2. 5 MRSA §6207, sub-§2, as amended by PL 2007, c. 64, §1 and c. 353, §§1
to 3, is further amended to read:
2. Determination of state significance. In determining whether a proposed
acquisition must be funded, in full or in part, by the Land for Maine's Future Fund or the
Public Access to Maine Waters Fund, the board shall consider whether the site is of state
significance and:
A. Contains recreation lands, prime physical features of the Maine landscape, areas of
special scenic beauty, farmland or open space, undeveloped shorelines, significant
undeveloped archeological sites, wetlands, fragile mountain areas or lands with other
conservation, wilderness or recreation values;
B. Is habitat for plant or animal species or natural communities considered rare,
threatened or endangered in the State;
C. Provides nonmotorized or motorized public access to recreation opportunities or
those natural resources identified in this section; or
D. Provides public water supply protection when that purpose is consistent and does
not conflict with the natural resource conservation and recreation purposes of this
chapter.; or
E. Contains deer wintering areas and satisfies all the requirements of subsection 3,
paragraph A.
Sec. 3. 5 MRSA §6207, sub-§3, as amended by PL 2011, c. 381, §1, is further
amended to read:
3. Priorities. Whenever possible, the Land for Maine's Future Fund and the Public
Access to Maine Waters Fund must be used for land acquisition projects when matching
funds are available from cooperating entities, as long as the proposed acquisition meets all
other criteria set forth in this chapter. For acquisitions funded by the Land for Maine's
Future Fund, the board shall give priority to projects that conserve lands with multiple
outstanding resource or recreation values or a single exceptional value, conserve and
protect deer wintering areas, provide geographic representation and build upon or connect
existing holdings.
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 A. When evaluating projects to be funded, the board shall give a preferential
consideration to projects that conserve lands that have been determined by the
Department of Inland Fisheries and Wildlife to be important for conserving deer in
northern, eastern and western Maine. To be given preferential consideration under this
paragraph, a project must result in the acquisition of a fee interest or an easement
interest in the land, the department's holding the interest in the land and the
department's managing the land area as a wildlife management area, as defined in Title
12, section 10001, subsection 74, with deer conservation as the highest management
priority. Only projects that satisfy the requirements of this paragraph may be given
preferential consideration. Nothing in this paragraph limits the ability of the board to
use the Land for Maine’s Future Fund to fund other projects that may also help
conserve deer or deer habitat but that do not receive preferential consideration under
this paragraph.
When acquiring land or interest in land, the board shall examine public vehicular access
rights to the land and, whenever possible and appropriate, acquire guaranteed public
vehicular access as part of the acquisition.
Sec. 4. 12 MRSA §10105, sub-§14, as amended by PL 2019, c. 355, §§2 and 3, is
further amended to read:
14. Regulating the feeding of deer, bear, moose and wild turkey. The
commissioner may by rule:
A. Prohibit or limit the feeding of deer, bear, moose and wild turkey at any location if
there is documented evidence of chronic wasting disease, as defined in Title 7, section
1821, subsection 1, in the State or within 50 miles of the border of the State or if the
commissioner has reason to believe that the type or location of feed may create a public
safety hazard or may have a detrimental effect on deer, bear, moose and wild turkey;
and
C. Prohibit or otherwise limit the placement of garbage or other known attractants for
deer, bear, moose and wild turkey if the department has reason to believe the placement
creates a public safety hazard.; and
D. Prohibit or otherwise limit the feeding of deer, bear, moose and wild turkey at any
location as part of a plan to promote the use of deer wintering areas by deer.
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2‑A.
Sec. 5. 12 MRSA §10109, sub-§1-A is enacted to read:
1-A. Acquisition of land; deer wintering areas. The commissioner shall identify
areas that are important to the conservation of deer in northern, eastern and western Maine,
and may acquire these lands, including with funds provided by the Land for Maine's Future
Fund in accordance with Title 5, section 6207. These lands must be designated as wildlife
management areas and managed with deer conservation as the highest management
priority, and the commissioner shall ensure that appropriate deed restrictions are placed on
the land that reflect these priorities. The commissioner shall also develop appropriate
purchase and sale agreements that ensure that deer wintering areas on land to be acquired
pursuant to this subsection are preserved as deer wintering areas prior to purchase.
Beginning January 15, 2023 and annually thereafter, the department shall report to the joint
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standing committee of the Legislature having jurisdiction over inland fisheries and wildlife
matters on the acquisition and management of deer wintering areas.
Sec. 6. 12 MRSA §10264, as amended by PL 2011, c. 668, §3, is further amended
to read:
§10264. Maine Deer Management Fund
The Maine Deer Management Fund, referred to in this section as "the fund," is
established within the department as a nonlapsing fund to be used by the commissioner to
fund or assist in funding predator control and to acquire or enhance deer habitat. The
commissioner shall establish on the department's online licensing system checkoff options
that allow a person to donate money for predator control or deer habitat acquisition or
enhancement. The checkoff options must be prominently displayed and contain web links
to information about how the checkoff revenues have been and will be used. The
commissioner shall also print in a prominent place on every paper application for a hunting
license checkoff options that allow a person to donate money to the fund for predator
control or deer habitat acquisition or enhancement. Revenues from the checkoffs must be
deposited in the fund and used for purposes indicated by the checkoffs.
Notwithstanding section 10801, subsection 4, $2 of each deer registration fee collected
under section 12301‑A, subsection 3, paragraph C must be deposited in the fund. Fifty
percent of the funds deposited in the fund from the deer registration fees must be used for
predator control purposes and 50% of the deposited fees must be used to acquire or enhance
deer habitat. The commissioner may accept and deposit into the fund monetary gifts,
donations or other contributions from public or private sources for the purposes specified
in this section. The fund must be held separate and apart from all other money, funds and
accounts. The department shall report annually to the joint standing committee of the
Legislature having jurisdiction over inland fisheries and wildlife matters on the fund and
its utilization.
Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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Statutes affected:
Bill Text ACTPUB , Chapter 409: 5.6203, 5.6207, 12.10105, 12.10264