March 15, 2017

WEEKLY NOTICES OF STATE RULE-MAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. You may obtain a copy of any rule by notifying the agency contact person. You may also comment on the rule, and/or attend the public hearing. If no hearing is scheduled, you may request one -- the agency may then schedule a hearing, and must do so if 5 or more persons request it. If you are disabled or need special services to attend a hearing, please notify the agency contact person at least 7 days prior to it. Petitions: you can petition an agency to adopt, amend, or repeal any rule; the agency must provide you with petition forms, and must respond to your petition within 60 days. The agency must enter rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making if there are fewer. You can also petition the Legislature to review a rule; the Executive Director of the Legislative Council (115 State House Station, Augusta, ME 04333, phone 207/287-1615) will provide you with the necessary petition forms. The appropriate legislative committee will review a rule upon receipt of a petition from 100 or more registered voters, or from "...any person who may be directly, substantially and adversely affected by the application of a rule..." (Title 5 Section 11112). World-Wide Web: Copies of the weekly notices and the full texts of adopted rule chapters may be found on the internet at: http://www.maine.gov/sos/cec/rules. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSAL


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey (Fall Season)
PROPOSED RULE NUMBER: 2017-P029
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to amend the fall wild turkey hunting season by opening Wildlife Management District 27 to turkey hunting in the fall. Only one turkey may be harvested in this district during the fall season. Wild turkeys may be harvested during the fall season with bow and arrow and shotguns of certain gauges and shot sizes only. Legal hunting time is 1/2 hour before sunrise to 1/2 hour after sunset.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: April 14, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Fax: (207) 287-6395. E-mail: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  11701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .


ADOPTIONS


AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 27, Retail Margins
ADOPTEDRULENUMBER: 2017-040
CONCISE SUMMARY: The principal reason for this rule-making is the need to establish retail margins for milk marketing areas within the State of Maine in accordance with 7 MRS  2954. The Commission adopted the rates suggested by a study conducted in 2016.
EFFECTIVE DATE: March 23, 2017
AGENCY CONTACT PERSON / MMC RULE-MAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta ME 04333. Telephone: (207) 287- 7521. E-mail: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits; 25.93, Management Framework for Limiting Lobster Fishing Effort on a Local or Regional Basis - Operational Rules; 25.96, Lobster Apprentice Program
ADOPTED RULE NUMBER: 2017-041
CONCISE SUMMARY: This rule-making 1) expands the Hancock County Trawl Limit area in Zone B, 2) amends the exit ratio for Zone B, 3) creates an exit ratio for Zone C, 4) amends the exit ratio for Zone E, 4) creates a separate waiting list for existing lobster license holders wishing to change their declared lobster zone (a "transfer" list), and 5) makes minor clarifications for consistency with recent legislative changes.
This rule-making expands the Hancock County Trawl Limit area in Zone B. In this area it is unlawful to have more than 3 lobster traps on any trawl. One of the lobster zone council authorities is to propose the number of lobster traps allowed on a trawl. The Zone 8 Council proposed extending the western boundary of the Hancock County Trawl Limit line to the 6-mile line.
This rule-making changes the Zone B 5:1 exit ratio using the currency of lobster licenses not renewed to a 3:1 exit ratio using the currency of lobster license not renewed. At the Lobster Zone B Council meeting on September 21, 2016, there was a unanimous vote by the Zone B Council to change their exit ratio in this way.
This rule-making establishes Zone C as a limited entry zone with an exit ratio of 1:1 using the currency of lobster licenses not renewed. At the Lobster Zone C Council meeting on September 8, 2016, there was a majority vote by the Zone C Council to establish this exit ratio.
This rule-making changes the Zone E 5:1 exit ratio currency from the number of trap tags associated with licenses not renewed to the number of licenses not renewed. At the Lobster Zone E Council meeting on February 29, 2016, there was a majority vote by the Zone E Council to change their exit ratio in this way.
For consistency with changes in statute, this rule-making requires that limited entry zones that opt to use trap tags retired in their exit ratio calculation, use the historic high of trap tags purchased, up to the current zone limit.
This rule-making addresses the lobster waiting lists, which currently consists of both apprentices who do not have a lobster license, as well as individuals that do hold a lobster license, but are requesting to switch to a different lobster zone. The Legislature recently passed a law directing the Department of Marine Resources to remove those individuals who already hold a lobster license from the existing waiting list, and create a separate "transfer" waiting list, as authorized by 12 MRS  6448 . This rule-making creates a single "transfer" list and make transfers "one for one" with no net increase from transfers in any zone. The Department of Marine Resources will authorize any such "swaps" annually until there are no matches remaining.
Finally, this rule-making clarifies that if an individual completes the apprentice program in multiple zones, individuals would still be required to document at least the minimum of 1,000 fishing hours that is accumulated over a minimum of 200 calendar days in each desired zone. However, the minimum of the 24-month requirement is met 24 months from the date the individual logs their first day in the apprenticeship program.
EFFECTIVE DATE: March 12, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Sarah Cotnoir, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6596. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf / Hard of Hearing). E-mail: Sarah.Cotnoir@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.94, Lobster Management Zones
ADOPTED RULE NUMBER: 2017-042
CONCISE SUMMARY: This rule-making made clerical corrections to the Lobster Zone line boundaries, amended the regulation for greater clarity, and added positions where Lobster Zone lines intersect with the Lobster Management Area 3 line.
EFFECTIVE DATE: March 12, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6596. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf / Hard of Hearing). E-mail: Deirdre.Gilbert@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 32, Eels: 32.35, Elver Quota System for 2017 Elver Season; 32.40, Elver Transaction Cards; 32.50, Mandatory Elver Dealer Meeting to Prepare for the 2017 Elver Season
ADOPTED RULE NUMBER: 2017-043
CONCISE SUMMARY: This rule-making establishes the elver quota allocations for the 2017 season for individuals licensed under    6505-A and 6302-A, and the method of calculating individual elver quota allocations for individuals licensed under  6505-A. 2017 allocations will be the same as the 2016 allocations, plus any quota associated with licenses not renewed in 2016 or suspended for the duration of 2017. Finally, the regulation clarifies that an individual may not possess or sell in any combination an amount of elvers that exceeds that individual's individual elver individual fishing quota, and that a transaction card may only be used to sell elvers that individual has taken.
EFFECTIVE DATE: March 12, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6596. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf / Hard of Hearing). E-mail: Deirdre.Gilbert@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 40, Smelt Regulations: 40.12(C), Smelt Management Zone Restrictions
ADOPTED RULE NUMBER: 2017-044
CONCISE SUMMARY: This rule-making amends the smelt regulations for Zone One (1), which is the area from the New Hampshire border to Owl's Head Light. In this Zone, the taking of smelt is allowed only by hook and line through the ice, as long as ice is present. Prior to this change in regulation, fishing was prohibited after March 15 until June 30.
EFFECTIVE DATE: March 12, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6596. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf / Hard of Hearing). E-mail: Deirdre.Gilbert@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .


AGENCY: 90-590 - Maine Health Data Organization (MHDO)
CHAPTER NUMBER AND TITLE: Ch. 243, Uniform Reporting System for Health Care Claims Data Sets
ADOPTED RULE NUMBER: 2017-045
CONCISE SUMMARY: This rule change adds language that provides for the voluntary submission of self-funded ERISA plans data for Maine residents. In addition, the minimum threshold for submission of adjusted premiums or claims processed, for premiums or claims subject to required reporting, is increased to $2,000,000. Other minor technical changes are being made to conform to industry standards.
These changes are intended to give payers direction regarding requirements in light of the United States Supreme Court's 2016 decision in Gobeille v. Liberty Mutual Insurance Company.
Copies of these proposed rules can be reviewed and printed from the MHDO website at https://mhdo.maine.gov/rules.htm or, to receive a paper copy call (207) 287-6722.
This rule is not expected to have any adverse economic impact on small businesses.
EFFECTIVE DATE: March 13, 2017
CONTACT PERSON: Karynlee Harrington, Acting Executive Director, Maine Health Data Organization, 151 Capitol Street - 102 State House Station, Augusta, ME 04333-0102 . Telephone: (207) 287-6722. E-mail: Karynlee.Harrington@Maine.gov .
MHDO WEBSITE: https://mhdo.maine.gov/ .
MHDO RULE-MAKING LIAISON: Debra.J.Dodge@Maine.gov .


AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix F, Expedited Wind Energy Development Area
ADOPTED RULE NUMBER: 2017-046
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted rule changes to Ch. 10, Land Use Districts and Standards, Appendix F: Expedited Wind Energy Development Area. The Commission has updated its rules in response to "An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission", PL 2015 ch. 265 and in accordance with Title 35-A  3453-A. This adoption responds to one petition for removal from the Expedited Wind Energy' Development Area (ref.: Kingsbury Plt.). In accordance with the law, each of the places, if the corresponding petition is valid, shall be removed from the expedited area through rule-making.
EFFECTIVE DATE: March 13, 2017
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station Augusta, Maine 04333-0022. Telephone: {207) 287-4894. E-mail: Timothy.Beaucage@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 01-672 - Department of Agriculture, Conservation & Forestry (DACF), Maine Land Use Planning Commission (LUPC)
CHAPTER NUMBER AND TITLE: Ch. 10, Land Use Districts and Standards: Appendix F, Expedited Wind Energy Development Area
ADOPTED RULE NUMBER: 2017-047
CONCISE SUMMARY: The Maine Land Use Planning Commission has adopted rule changes to Ch. 10, Land Use Districts and Standards, Appendix F: Expedited Wind Energy Development Area. The Commission has updated its rules in response to "An Act To Improve Regulatory Consistency within the Jurisdiction of the Maine Land Use Planning Commission," PL 2015 ch. 265 and in accordance with Title 35-A  3453-A. This adoption responds to one petition for removal from the Expedited Wind Energy Development Area (ref.: Carroll Plt.). In accordance with the law, the Maine Land Use Planning Commission shall, by rule, remove a place from the expedited permitting area, if the corresponding petition is valid, and, when a request for substantive review of the petition is timely filed, the two statutory criteria for removal by petition with review are satisfied. In the case of the substantive review of the petition to removal Carroll Plantation from the expedited area, the Commission found the removal petition was valid, the request for substantive review was timely filed, and both statutory criteria were satisfied.
EFFECTIVE DATE: March 13, 2017
AGENCY CONTACT PERSON: Tim Beaucage, Maine Land Use Planning Commission, 22 State House Station Augusta, Maine 04333-0022. Telephone: {207) 287-4894. E-mail: Timothy.Beaucage@Maine.gov .
LUPC WEBSITE: http://www.maine.gov/dacf/lupc/index.shtml .
DACF RULE-MAKING LIAISON: Mari.Wells@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Division of Support Enforcement and Recovery (DSER)
CHAPTER NUMBER AND TITLE: Ch. 351, Child Support Enforcement Manual. Internal chapters: Ch. 2, Definitions; Ch. 16, Federal Income Tax Refund Offset; Ch. 17, State Income Tax Refund Offset; Ch. 19, Periodic Review and Modification of Support Orders
ADOPTED RULE NUMBER: 2017-048
CONCISE SUMMARY:
Ch. 2 - The definitions of" Arrears," "Overdue Support" and "Past-due Support" were added to lend clarity to edited provisions of Ch. 16 and 17.
Ch. 16 and 17 - Technical rule-making to repair references to specific paragraphs in other Manual chapters which were edited in a previous rule-making, resolve incorrect references to "welfare" vs. "non-welfare" cases, and simplify for easier readability.
Ch. 19 is being abbreviated to contain only those provisions required by federal law, to prevent confusion with the provisions in Ch. 12.
EFFECTIVE DATE: March 14. 2017
AGENCY CONTACT PERSON: Tracy Quadro Arietti, Staff Counsel, DHHS DSER, 11 State House Station - 19 Union Street, Augusta, ME 04333. Telephone: (207) 624-6983. E-mail: Tracy.Quadro@Maine.gov .
DSER WEBSITE: http://www.maine.gov/dhhs/ofi/dser/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: (19) Cobscook Bay
ADOPTED RULE NUMBER: 2017-049 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Cobscook Bay in order to protect Maine's scallop resource as authorized by 12 MRS  6171(3) due to the risk of imminent depletion and unusual damage. The Department is concerned that unrestricted harvest during the remainder of the 2016-2017 fishing season in these specific areas may damage sublegal scallops potentially being caught with an increased frequency, and also, reduce the level of broodstock essential to continuing recovery. Based on observations and direct input from Marine Patrol, industry participants, and data provided by the Department's monitoring program, the level of fishing effort in this area has exceeded the 30% removal target. Continued fishing threatens both seed and the remaining broodstock scallops in the area needed for future recruiting and successful spawning as management maintains a rebuilding strategy to increase overall stock biomass.
EFFECTIVE DATE: March 12, 2017
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Melissa.Smith@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ ,
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 03-201 - Department of Corrections (DOC)
CHAPTER NUMBER AND TITLE: Ch. 10, Policy and Procedures Manual – Adult: Subsection 27.2, Supervised Community Confinement
ADOPTED RULE NUMBER: 2017-050 (Emergency)
CONCISE SUMMARY: Under the current rule, prisoners transferred to supervised community confinement cannot leave the State of Maine for any reason. This emergency rule permits a prisoner to leave the State of Maine for medical care if the Department of Corrections Director of Medical Care determines the care is necessary for the prisoner to have and that the care is unavailable within the State of Maine. It also requires that the prisoner sign a waiver of extradition.
EFFECTIVE DATE: March 13, 2017
AGENCY CONTACT PERSON / DOC RULE-MAKING LIAISON: Mary Lucia, Maine Department of Corrections, 111 State House Station, Augusta, ME 04330. Telephone: (207) 287-4681. E-mail: Mary.A.Lucia@Maine.gov .
DOC WEBSITE: http://www.maine.gov/corrections/ .