ࡱ> #` bjbjmm Dzy-|||  4JJJh:KLd} vLP"2P2P2PjQ,TThq}s}s}s}s}s}s}$~hf@}@bfQfQ@b@b}2P2P4}eee@b2P2Pq}e@bq}eey{2PjL ` dzeJbQzq}}0}gz6c,{{`U.Ye\d^R`U`U`U}}Re^`U`U`U}@b@b@b@bJD .DJ.  STATE OF MAINE 123rd LEGISLATURE FIRST REGULAR SESSION Final REPORT OF The Governors Task Force Regarding the Management OF PUBLIC Lands and Publicly-Held Easements January 31, 2008 Members Al Cowperthwaite Bob Meyers Jon Fitzgerald Dan Mitchell *Walter Graff John Rust Mac Hunter Greg Shute Alan Hutchinson *George Smith *Bruce Kidman *Sally Stockwell Jon Lund *Karen Woodsum Marcia McKeague Ray Wotton Legislative Members Rep. Thomas Watson Rep. Donald Marean Rep. Jacqueline Lundeen Sen. Kevin Raye Sen. Bruce Bryant Staff Designated by the Governor Paul Jacques, Deputy Commissioner (Chair), Dept. of Inland Fisheries and Wildlife Patrick K. McGowan, Commissioner, Dept. of Conservation *Tim Glidden, Director, Land for fb88s Future * Indicates members of the sub-committee charged with drafting the Understandings, Commitments and Recommendations document, which comprises the core of this report. EXECUTIVE SUMMARY On February 20th, 2007, Governor John E. Baldacci issued an Executive Order creating the Task Force Regarding the Management of Public Lands and Publicly-held Easements. The purpose of the Task Force was to develop recommendations to improve the accuracy and availability of information regarding management of public lands in fb88, and to ensure that decisions made on behalf of these lands were being made in a fair manner, in a way that meets the full array of recreational interests in fb88 now and into the future. As a part of that work, the Task Force was directed to: 1. create a baseline inventory of the existing management and recreational uses and types of access on public lands in fb88 and in the context of private, municipal and federal lands; 2. review and document the statutes, rules and guidelines that direct decisions regarding the management of and recreational uses on public lands in fb88; 3. collect information regarding the trends in recreational use in fb88, the adequacy of supply in relation to demand; and the gain or loss of access by recreational use on private land that may have a relation to recreational use on public land; and 4. identify strategies and resources necessary to reduce conflicts regarding recreational use on and access to public lands and to adequately plan for existing and future needs for the broad array of recreational activities in fb88. This Report includes a summary of those findings and recommendations. Membership on the Task Force included sixteen individuals appointed by the Governor, including nine representing various recreational interests, four landowners who provide recreational opportunities on their lands, the Commissioner from the Department of Conservation; the Deputy Commissioner from the Department of Inland Fisheries and Wildlife; and the Director of the Land for fb88s Future Program. The President of the Senate appointed two members of the Senate, with the Speaker of the House appointing three members from the House of Representatives. The Deputy Commissioner of Inland Fisheries and Wildlife was appointed by the Governor to chair the Task Force. The Department of Conservation, Department of Inland Fisheries and Wildlife, the State Planning Office and the Department of Environmental Protection provided staff as necessary to gather and compile information important towards the development of its Findings and Recommendations. Other members of the Task Force also provided helpful information as it pertained to the interests they represented. TABLE OF CONTENTS  TOC \o "1-3" \h \z \u  HYPERLINK \l "_Toc189640971" I. CHRONOLOGY  PAGEREF _Toc189640971 \h 4  HYPERLINK \l "_Toc189640972" The final draft of this document and the final report has been circulated to the full task force membership for final comment and approval. II. INTRODUCTION  PAGEREF _Toc189640972 \h 5  HYPERLINK \l "_Toc189640973" II. INTRODUCTION  PAGEREF _Toc189640973 \h 6  HYPERLINK \l "_Toc189640974" III. UNDERSTANDINGS  PAGEREF _Toc189640974 \h 7  HYPERLINK \l "_Toc189640975" IV. COMMITMENTS  PAGEREF _Toc189640975 \h 11  HYPERLINK \l "_Toc189640976" V. RECOMMENDATIONS  PAGEREF _Toc189640976 \h 12  HYPERLINK \l "_Toc189640977" VI. APPENDICIES  PAGEREF _Toc189640977 \h 15  HYPERLINK \l "_Toc189640978" A. Executive Order  PAGEREF _Toc189640978 \h 15  HYPERLINK \l "_Toc189640979" B. Task Force Membership List  PAGEREF _Toc189640979 \h 15  HYPERLINK \l "_Toc189640980" C. Handout Regarding Management Planning, Prepared by the Department of Conservation, Bureau of Parks & Lands  PAGEREF _Toc189640980 \h 15  HYPERLINK \l "_Toc189640981" D. Handout Regarding the Statewide Comprehensive Outdoor Recreation Plan, Prepared by the Department of Conservation, Bureau of Parks & Lands  PAGEREF _Toc189640981 \h 15  HYPERLINK \l "_Toc189640982" E. Trend Data Prepared by the Department of Conservation, Bureau of Parks & Lands and the Department of Inland Fisheries & Wildlife  PAGEREF _Toc189640982 \h 15  HYPERLINK \l "_Toc189640983" F. Statewide Conservation and Recreation Map  PAGEREF _Toc189640983 \h 15  HYPERLINK \l "_Toc189640984" G. Agency Presentations Regarding the Management of Public Lands, Public Lands Inventory and Programs  PAGEREF _Toc189640984 \h 15  HYPERLINK \l "_Toc189640985" H. Background Information Handout Prepared for the Public Listening Sessions  PAGEREF _Toc189640985 \h 15  HYPERLINK \l "_Toc189640986" I. Written Comments Submitted to the Task Force  PAGEREF _Toc189640986 \h 15  HYPERLINK \l "_Toc189640987" J. Attendees of the Public Listening Sessions  PAGEREF _Toc189640987 \h 15  HYPERLINK \l "_Toc189640988" K. Agenda and Minutes for the First Meeting on June 6th, 2007  PAGEREF _Toc189640988 \h 15  HYPERLINK \l "_Toc189640989" L. Agenda and Minutes for the Second Meeting on July 25th, 2007  PAGEREF _Toc189640989 \h 15  HYPERLINK \l "_Toc189640990" M. Agenda and Minutes for the Third Meeting on August 29th, 2007  PAGEREF _Toc189640990 \h 15  HYPERLINK \l "_Toc189640991" N. Agenda and Minutes for the Fourth Meeting on October 16th, 2007  PAGEREF _Toc189640991 \h 15  HYPERLINK \l "_Toc189640992" O. Agenda for Public Listening Sessions November 27th & 28th, 2007  PAGEREF _Toc189640992 \h 15  HYPERLINK \l "_Toc189640993" P. Minutes for the Public Listening Sessions on November 27th, 2007  PAGEREF _Toc189640993 \h 15  HYPERLINK \l "_Toc189640994" Q. Minutes for the Public Listening Session on November 28th, 2007  PAGEREF _Toc189640994 \h 15  HYPERLINK \l "_Toc189640995" R. Agenda and Minutes for the Final Meeting on December 18th, 2007  PAGEREF _Toc189640995 \h 15  I. CHRONOLOGY The State of fb88 has experienced significant changes in private land ownership over the past two decades. This fact alone has been cause for growing concerns by fb88 residents and visitors alike as to the future availability of these lands for hunting, fishing, hiking, camping, motorized trail use and other recreational activities important to the state. With approximately ten percent of fb88s 19.5 million-acre land base in some form of public conservation easement, public access rights or fee-owned state ownership, the states land managing agencies have come under increasing pressure by various outdoor users to provide and guarantee these opportunities. The challenge to these agencies has not only been in providing for the variety of recreational interests, but to do so in sufficient quantities in a way that balances the concerns resulting from recent ownership changes and use of private lands. Not only has there been increased pressure on state land management agencies, but on the Legislative process as well. The Executive Order, issued by Governor John E. Baldacci on February 20, 2007 in response to these issues, established the Governors Task Force Regarding the Management of Public Lands and Publicly-held Easements. On June 6, 2007 the first meeting of the Task Force was convened in the Governors Cabinet Room. The focus was on organizational matters such as future meetings and the tasks set forth in the Executive Order. A second meeting of the Task Force was held on July 25th at the Department of Conservation Bolton Hill facility. The meeting opened with members stating their hope for the scope of work to be accomplished by the Task Force. The remainder of the meeting consisted of presentations by the Department of Conservation, Department of Inland Fisheries and Wildlife, and the State Planning Offices Land for fb88s Future Program on land management and resource inventories. The Bureau of Parks and Lands also provided a presentation on the Integrated Resource Policy and management planning, as well as an overview of the Statewide Comprehensive Outdoor Recreation Plan. A third meeting of the Task Force was held on August 29th at the Penobscot County Conservation Association in Brewer. This was the first meeting facilitated by Malcolm Burson, Department of Environmental Protection, who was asked by the Governors Office to assist. Small group discussions focused on identifying common interests, sources of conflict, and building new ways to work together - with group findings presented to the entire Task Force. The Bureau of Parks and Lands also provided trend data relating to land acquisitions, along with public use information collected from Baxter State Park, the North fb88 Woods, and Acadia National Park. Registration and license information was provided by the Department of Inland Fisheries and Wildlife. A fourth meeting of the Task Force was held October 16th, 2007 at the Department of Conservation Bolton Hill facility. The meeting opened with a review of issues that remained unaddressed from the previous meeting, including a discussion of Ecological Reserves and backcountry recreation. Through facilitated small group discussion, the Task Force then addressed the three principal barriers fears, politics and perceptions indentified in the previous meeting. Before the close of the meeting the format and logistics of the public listening sessions were decided, including a discussion of the type or scope of public feedback that would be the most helpful to Task Force members. The Bureau of Parks and Lands also presented an updated draft of its statewide conservation land map. The facilitator and Task Force indentified and agreed upon members of a sub-committee charged with drafting a document that would summarize findings, commitments and recommendations, based on discussions to date. Public listening sessions were then held on November 27th in Bangor and 28th in South Portland. The first session was attended by 20 members of the public with 11 providing testimony, while 29 members of the public attended the second meeting with 14 providing testimony. Comments from the general public focused on responses to a list of questions found on the meeting agenda, the summary of which is included in the Appendix of this Report. A fifth and final meeting of the Task Force was held on December 18th, 2007 at the Department of Conservation Bolton Hill facility. This meeting focused on a review of comments heard during the public listening sessions, as well as a review of the findings, commitments and recommendations document developed by a subcommittee of the Task Force, with suggested revisions noted. The final draft of this document and the final report has been circulated to the full task force membership for final comment and approval. II. INTRODUCTION fb88s environmental, conservation, and recreation groups share many common values and a great deal of common ground. Sometimes, however, in our eagerness to assure access for our various constituencies we have found ourselves working at cross purposes, rather than with one another. Sadly, access to private lands for recreation will continue to diminish for a variety of reasons, including sprawl and changing demographics, market pressures on land owners especially large timberland owners - and increasing constraints on the traditional privilege of public recreational access to and use of private land. In short, public lands will become even more important in the future for recreation and conservation. Ensuring the sustainability and carrying capacity of fb88s public lands is a challenge that we all must meet together. With these considerations in mind, we have come together determined to create new ways of collaborating so that fb88 people may continue to enjoy the benefits of public lands for many generations to come. As representatives of groups with diverse interests, we have brought our combined judgment to our consideration of the most complete information available to us. We recognize that we cannot answer all the important questions facing us, and so are determined to continue working together once the Task Force has been discharged of its formal responsibilities. In our conversations, and after listening to the differing perspectives of fb88 people, we have found areas of mutual understanding, out of which grow our commitments and recommendations to the Governor. III. UNDERSTANDINGS Our families expect, our outdoor heritage requires, and our economy depends on access to a variety of outdoor experiences, including both motorized and non-motorized opportunities. Given ongoing changes in land ownership patterns and the introduction of new customs, these interests must work together to retain and enhance: the health of our lands and waters, and of the habitats necessary to sustain fish and wildlife; our recreational access to these lands, including opportunities to enjoy a wide range of outdoor activities; the distinct quality of life and culture of fb88 fostered by outdoor opportunities; the health benefits available to all fb88 citizens through outdoor activities; and the economic advantage they provide. fb88s mix of conservation lands, including state parks, public reserve lands, and state-held easements, along with some properties held by land trusts and some municipal lands open to the public, provides a spectrum of experiences broad enough to accommodate every recreational interest. fb88 citizens and the many visitors to our state enjoy and value different types of outdoor experience, and we all support reasonable and fair opportunities for others to enjoy these pursuits. While some places can accommodate many uses, we recognize that it is neither necessary nor desirable to allow every activity at every site or at the same time. Current management planning efforts to evaluate which activities are most appropriate at which sites and times should be aligned with a statewide vision. Without better communication and greater trust among various interests, differences in perception, political strategies, and fears of loss will continue to create impediments to any attempts to understand, discuss and resolve conflicts. This is particularly the case where there is competition for access to, and use of, public lands and publicly-held easement lands. At a fundamental level, we all must commit to seeking greater understanding of the values held by others and a better appreciation for their motivations. For example: Many recreationists appreciate areas where motorized access is not allowed, including hunters who enjoy remote hunting and anglers who enjoy remote trout ponds. However, many recreationists want motor vehicle access in order to enjoy the lands and waters of our state, as many are unable to recreate in areas they cannot reach by car or by truck, or by motorboat or off-road vehicle. fb88s wildlife belongs to the people of fb88 and is appreciated by all of us. Habitat conservation is essential to ensuring healthy and diverse wildlife populations and the state has a responsibility to protect habitat and manage both game and nongame species on public lands. Access to private land is a privilege in fb88, not a right, and landowners have many problems that are caused by recreationists and users of all kinds, from illegal waste dumping to environmental damage from motorized and non-motorized uses. Although walk-in access to great ponds is guaranteed, fb88rs have no rights of access to coastal waters, or to moving water: our brooks, streams, and rivers. A large number of great ponds have no public access site or boat launch. Many recreationists also enjoy quiet waters without motors, with limited access or with limited horsepower motors. Hunters must understand that, despite an excellent safety record, nonhunters fear for their safety during hunting seasons and must have places they can enjoy where hunting is not happening. At the same time, nonhunters must understand that hunters have experienced an increase in posted land and believe they cant afford to lose any more hunting grounds. ATV and snowmobile riders believe it is important to have a network of through trails in the state and some side trails to special places. Snowmobile riders also desire areas for off-trail riding, and hunters appreciate the opportunity to leave designated trails to retrieve harvested game with the aid of off-road vehicles. Members of the public have told us that remote backcountry recreational opportunities away from motor noise, especially opportunities for multi-day through- and loop hiking and canoeing trips, are difficult to find in fb88 and are offered at only a few publicly-owned sites. A through-trail network is extremely important to these users also. Some user groups were not represented on the task force, including both road and off-road cyclists, and equestrians; their interests must be addressed along with those of others. Working forests provide extensive opportunities for public recreation. Harvesting on public lands provides funding for management of public lands and public recreational infrastructure. On private lands including those under easement, recreational activities in working forests must be compatible with timber management. Under the best of circumstances, competition and conflicts among users of public lands will continue, particularly as recreational demand increases. Without adequate resources and opportunities to reasonably serve all user interests, these could become more common. These observations should underscore the need to approach our issues in an open manner, to employ direct communication before resorting to other methods, and to seek out models for cooperation whenever possible. As one example, recent issues have revolved around competing concerns for motorized versus non-motorized recreation. Since we recognize the importance and desirability of each, we need to create a system by which future conflicts over public lands access and uses, whatever form they take, may be resolved reasonably and as amicably as possible. There need to be both formal and informal means of doing this, recognizing that the political process works well in some cases, but not all. Task Force members and members of the public at large have identified a number of specific issues requiring further study and agency-level response. These include: Ecological reserves serve an important role: together they create a network of representative examples of all of fb88s ecosystems in a relatively undisturbed state. These will only become more valuable as developmental pressures increase. Recreational activities in ecological reserves must be compatible with the goals of the reserve. Multi-use trails, while valuable, must be managed carefully to serve all potential users, especially at high use volumes. Better signage and comprehensive maps of existing public lands, trails, and trail networks that fully characterize outdoor opportunities irrespective of state agency boundaries would be very helpful for users and economically beneficial at both the local and state levels. The alarming trend toward obesity in children and adults, and other health-related warning signs, challenges the State to increase its efforts in promoting outdoor recreation within and outside the school system. The Governors recent Take It Outside initiative is a good beginning point; however, the combined efforts of state agencies and recreationist groups will be needed to address the issue. Members of the public have told us there is a need to develop and make available winter use options throughout the public lands, including non-motorized options. In light of the changes noted above and notwithstanding the continuing efforts of the states public lands agencies, there is a clear need for a state-level strategic approach to the acquisition, protection, and stewardship of, and resource allocation for, public lands. The Task Force has identified two particular needs for such a strategic approach: for wilderness and remote backcountry recreational areas, and for outdoor recreational opportunities close to the population centers of southern fb88. The volunteer efforts of recreation groups to maintain and improve the States public lands contribute significantly to the quality of these and adjacent private lands for outdoor access and responsible use. Such activities have the potential to increase cooperation and mutual appreciation, and mitigate conflict, among interest groups, especially as public demand for use of public lands increases. In the face of decreasing State resources, these efforts will be even more critical to the expansion and stewardship of trails for different user groups. Local managers of state lands are most often the primary point of contact between recreationists and agency decision-makers. Their capacity and willingness to work with individuals and user groups can help to balance potentially competing needs and create new opportunities, and should be fostered by the agencies. IV. COMMITMENTS In light of our shared findings, all members of the Task Force, whose signatures are appended to this Report, commit to the following standards. We believe that adherence to these standards is crucial to reducing conflict among us, and achieving the benefits of cooperation on behalf of fb88s recreation and conservation communities. Recognizing that public lands have different values for different users, we will actively seek out opportunities to respectfully discuss with one another our understandings, values and needs, knowing that differences need not keep us from working toward common goals. We will seek to understand and share others perspectives with our own constituencies in our newsletters, presentations, joint meetings, links to others web pages, and other means. When circumstances present the possibility of conflict among the groups we represent, particularly when determinations may be made to expand or contract access to or use of particular public lands, we will seek input from stakeholders representing the uses under discussion so as to provide them an opportunity to air concerns and find an acceptable resolution. Where differences remain unresolved, we will conduct ourselves in an open manner that fosters mutual respect even in the face of difference. We will collaborate to the greatest extent possible in advocacy on behalf of fb88s public lands: their protection, expansion, stewardship, and ability to serve a variety of public uses and values. We invite other recreationist, conservation, environmental, and land use groups and individuals not represented on the Task Force to join us in our future collaborative efforts to meet the goals identified here, and implement the recommendations below. V. RECOMMENDATIONS Recreational Access and Conservation Forum. A Recreational Access and Conservation Forum comprised of the states major groups representing environmentalists, conservationists, landowners, sportsmen, and outdoor recreationists, should be established. The forum should meet at least three times per year to plan and share legislative and other agendas; educate one another on areas of individual expertise; exchange information about trends in recreational use; discuss continuing issues; address emerging conflicts; and create initiatives that all can support. State agency representatives should be included as they bring a wealth of knowledge and expertise to the table. A Steering Committee consisting of a subset of members of this Task Force has been formed to organize and convene the first forum. Future Recreation and Conservation Needs The Recreational Access and Conservation Forum should develop a vision of recreation and conservation needs over the next 50 years. This effort would identify current and projected needs for the full spectrum of uses for which fb88s public lands and easements could be suitable and would identify gaps in habitat conservation, the ecological reserve system, and in recreational opportunities -- mapping potential areas needed to fill the gaps. For example, with a vision of this sort informing broadly inclusive planning processes, all groups should be able to support the creation of non-motorized and motorized areas on both public and private lands and all groups should be active in habitat protection and enhancement programs and issues. The vision will then be presented to the State to use in guiding its 5-15 year planning efforts, including regular updates of the Statewide Comprehensive Outdoor Recreation Plan. Access to Moving Waters An initiative should be undertaken to secure access to fb88s moving waters, with a mix of walk-in, boat and hand-carry launch options available that match the size and uses of the water. The Recreational Access and Conservation Forum should develop a strategy for undertaking this initiative. This goal should be included in the current and future revisions to the State boating and fishing access plan. Updating fb88s Ecological Reserve System The Governor should appoint an independent scientific review panel to evaluate progress in establishing and monitoring the ecological reserve system in fb88, including a review of currently allowed uses of, and access to, existing reserves; and to develop clear guidelines for determining what types of recreational activities are compatible with specific reserves, both existing and future. The panel should also review all candidates for new designations. The panel should be comprised of experts in wildlife, aquatic, terrestrial and conservation biology. The results of the panels deliberations should be shared with the Recreational Access and Conservation Forum to allow for discussion among the interested stakeholders. State Funding Resources As dependence on public lands and publicly held easements increases, the State must invest strategically in acquisition and stewardship of conservation lands. The Governor and the Legislature should consider these needs as a high priority in resource allocation decisions. The Forum should explore new sources and methods to assure sustainable funding for recreation and conservation. Further Development of Backcountry Recreational Opportunities State agencies and recreationist groups should better inform the public about existing non-motorized backcountry opportunities, and develop a process by which an accessible long-distance network of hiking and remote land and water trails could be created, mapped, signed at trailheads, funded, and sustained, similar to the development of the infrastructure that public and private interests, including landowners, together have created to support motorized recreation. We recommend that state agencies and the Recreational Access and Conservation Forum review trends, needs, and existing opportunities, and assure input by affected stakeholders. Landowner Relations and Public / Private Partnerships for Outdoor Recreation The State should dedicate some of its resources to maintain essential connections with private landowners whose holdings abut, or may be connected with, public lands. Robust landowner relations programs at the State conservation agencies are important, and must be actively supported by conservation and recreationist groups. The State should support the development of a coordinated landowner relations program. Private recreationist and conservation groups whose members use private lands should be encouraged to develop their own landowner relationship programs as well. Access to Ocean Recreation The opportunity to recreate along fb88s coast has been severely curtailed as private landowners restrict potential access points including traditional camping, swimming, hunting and fishing sites, and launching points for fishing, hunting, boating, and kayaking. While the Department of Conservation and IFW are addressing boating access in a new state plan, other needs should also be considered by both the State and the Forum. Mapping Managing information about public lands and their uses, and providing public access to that information, is vital to the goals of the Task Force. We commend the recent efforts of the Bureau of Parks and Lands, and Inland Fisheries and Wildlife in producing a larger-scale comprehensive map of public land use opportunities. In order to meet some of the other objectives listed above, this effort should be continued so that fb88 citizens will be able, in both print and electronic media, to gain an overall sense of all lands available for outdoor recreation; and, in collaboration with private recreationist and conservation groups, have more detailed maps of both particular geographic areas, and specific recreational activities. VI. APPENDICIES Executive Order Task Force Membership List Handout Regarding Management Planning, Prepared by the Department of Conservation, Bureau of Parks & Lands Handout Regarding the Statewide Comprehensive Outdoor Recreation Plan, Prepared by the Department of Conservation, Bureau of Parks & Lands Trend Data Prepared by the Department of Conservation, Bureau of Parks & Lands and the Department of Inland Fisheries & Wildlife Statewide Conservation and Recreation Map Agency Presentations Regarding the Management of Public Lands, Public Lands Inventory and Programs The Department of Conservation The Department of Inland Fisheries & Wildlife The Land for fb88s Future Program Background Information Handout Prepared for the Public Listening Sessions Written Comments Submitted to the Task Force Attendees of the Public Listening Sessions Agenda and Minutes for the First Meeting on June 6th, 2007 Agenda and Minutes for the Second Meeting on July 25th, 2007 Agenda and Minutes for the Third Meeting on August 29th, 2007 Agenda and Minutes for the Fourth Meeting on October 16th, 2007 Agenda for Public Listening Sessions November 27th & 28th, 2007 Minutes for the Public Listening Sessions on November 27th, 2007 Minutes for the Public Listening Session on November 28th, 2007 Agenda and Minutes for the Final Meeting on December 18th, 2007  There are continuing differences of interpretation among agencies and user groups as to the meaning and usefulness of the terms, wilderness, remote, and backcountry. For example, the Department of Conservation uses nonmechanized backcounty recreation areas in its planning process to designate those areas without motorized uses that have wilderness qualities, and avoids the use of the term wilderness when labeling a specific area. There are similar differences surrounding the words motorized and mechanized. The Task Force recognizes this as a matter that it is unable to resolve to everyones satisfaction.     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