Many of us who were opposed to the Baxter Land swap of nearly 3 years ago, knew it was a bad deal for the people of Maine. There were several reasons for coming to such conclusions but for me, I didn’t think a breech of contract, resulting in the deliberate destruction of one of Maine’s largest deer wintering yards, would be one of them.

My blood is actually boiling at the moment. I can feel it, as my ears crackle and pop. I’m trying to control my breathing but I find it difficult. Why? I just finished reading George Smith’s article, “Maine’s Deer Wintering Areas”, published in Down East Magazine.

As the article began, I got irritated because Smith said he was going to go after the Gardner Logging Company for cutting down deer wintering habitat. As most of you probably know, I am a very strong advocate for property rights. As a matter of fact I have been yelled at and accused from several directions of selling out hunting and fishing in favor of land owners. I thought this was one of those landowner attacks by another outdoor sporting group.

But as I read on is when my blood boiled. To refresh readers’ memories for a minute, the Baxter Land Swap involved the State of Maine obtaining ownership of the Katahdin Lake parcel adjacent to Baxter State Park. To get that land, of which was mostly owned by the Gardners, it involved a series of land swaps that left the Gardners holding many hundreds of acres more of prime land than Maine was getting in return. In short, the deal was inequitable.

According to Smith, on at least one of those large parcels of land, sits 350 acres in T2R4 that is home to a very large deer wintering yard. As a part of the stipulations of the land swap, Gardner was supposed to protect that yard.

The lands, which were going to the Gardner family’s logging company (the owner of the Katahdin Lake parcel), were encumbered with several key provisions.

Section Two, Part 6, of the legislative Resolve requires the Gardners to enter into “an agreement with the Department of Inland Fisheries and Wildlife to continue management of winter habitat for white-tailed deer on those lots that is consistent with the management agreement between DIF&W and the Department of Conservation in effect on March 30, 2006 and that the agreement will remain in effect as long as the grantee owns the lots.”

It seems an effort by George Smith and Senator David Trahan has revealed a violation of that agreement.

An investigation by Senator Trahan and myself proved, to us, that this has not been done. In fact, according to DOC’s very credible long-time wildlife biologist, Joe Wiley, the deer wintering habitat that was to be protected has instead been harvested and no longer provides winter shelter for deer.

This is not a case of a landowner being strong-armed by government to tie up its lands. The Gardners signed an agreement or did they. If such an agreement was signed, they knew full well that when they made the land swap deal with the state and all other participants, it required the protection of this deer wintering area. If there was an agreement, they willfully violated that trust and should be prosecuted for that behavior.

But there’s still a ton of unanswered questions. Smith and Trahan dug up past emails that showed that Wiley and other biologists at the Department of Conservation(DOC) and Maine Department of Inland Fisheries and Wildlife (MDIFW) told their superiors, Pat McGowan and Danny Martin respectively, the yarding area was being cut. Nothing was done. Smith points out also that Karen Tilberg, who at the time of the Baxter Land Swap was working for DOC and very much involved in the swap, was notified by email of the Gardner’s cutting. Tilberg is one of Gov. Baldacci’s top aides now and was working in that capacity at the time of the notification. Did she notify the Governor?

But it seems the disregard for what the Gardners were doing is even more blatant if you can believe it.

The harvesting in the deeryards on those lots – which began only days after the Gardners obtained ownership – was not an accident. The Gardners even notified DIF&W, in writing, that they were going to cut the deeryards.

Heads need to roll! I’m sorry but this reeks of total corruption as did the entire Baxter Land Swap. In instances where it may not be corrupt, then it is a simple matter of not doing one’s job. Dots need to be connected. Was there ever an agreement made between Gardner and MDIFW concerning the deer yards? If not, why? When did Gardner notify MDIFW that they were going to cut the deer yards? When did the employees notify their superiors that the yards were being cut? Why didn’t Pat McGowan and Danny Martin do something about this or how much did they do to try to stop it? Was the Governor ever notified and if so why not?

The Gardners violated a legal contract from what I can see and the DOC and MDIFW, as well as one of Baldacci’s top aides, fell down on the job. Just how much of this goes back to the original Baxter Land Swap? Is this all part of a behind the scenes deal making that DOC, MDIFW and Baldacci would turn a blind eye to the Gardners cutting of the deer yards if they would finalize the deal? Perhaps Gardner was enticed into signing the deal if he was told they wouldn’t seek a binding agreement about the deer yards. Looking back on everything and seeing what has transpired, I think these are questions that need some serious answers.

Thank you George Smith and Sen. David Trahan for your hard work on this.

Tom Remington