September 22 , 2010

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.

PROPOSALS


AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
RULE TITLE OR SUBJECT: Ch. 4 - 4.06, Wild Turkey Hunting Season
PROPOSED RULE NUMBER: 2010-P242
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule establishing the dates for the wild turkey hunting season to occur as follows: May 2, 2011 – June 4, 2011 for all hunters; Youth Spring Wild Turkey Hunting Day will occur on the Saturday preceding the opening day (April 30, 2011). In addition, the Department proposes to open Wildlife Management District 28 to turkey hunting. A detailed copy of the proposed rule may be obtained from the agency contact person listed below.
STATUTORY AUTHORITY: 12 MRSA §11701
PUBLIC HEARING: None scheduled – one may be requested.
DEADLINE FOR COMMENTS: October 22, 2010
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041. Telephone: (207) 287-5201. E-mail: Andrea.Erskine@Maine.gov
WEBSITE: http://www.maine.gov/ifw/

ADOPTIONS


AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations, Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 40, Mega Millions Rules
ADOPTED RULE NUMBER: 2010-426
CONCISE SUMMARY This amendment to this rule makes the necessary changes to the matrix for the existing and optional Megaplier add-on for the Mega Millions online jackpot game as required by the Multi State Lottery Association. The effective date of this amended rule is for the draw on September 20, 2010.
EFFECTIVE DATE: September 20, 2010
AGENCY CONTACT PERSON: Dan A. Gwadosky, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6756. E-mail: Dan.A.Gwadosky@Maine.gov
WEBSITE: http://www.maine.gov/dafs/bablo/about_us/index.htm
DAFS RULE-MAKING LIAISON: Domna.Giatas@Maine.gov


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 11.09, Atlantic Sea Scallop Harvesting Season; 11.10(1)(D)&(E), Atlantic Sea Scallops Limitations; 11.10(1)(H), Closed Areas; and 11.19(1)(B),(C)&(D), Cobscook Bay
ADOPTED RULE NUMBER: 2010-427
CONCISE SUMMARY: The revised season will start December 15, 2010 and run through March 27, 2011. In December and March, fishing will be prohibited on Thursdays, Fridays, and Christmas Day. In January and February, fishing will be prohibited on Saturdays and Sundays. The Whiting and Denny’s Bay Area closure will be extended one year to 2012. A clarification has been added to describe how the Cobscook meat count measure is enforced. Other technical changes are also added: two citation corrections; that the nighttime harvest prohibition and culling requirements apply to all methods of fishing; and two area descriptions clarified.
CHAPTER NUMBER AND TITLE: Ch. 25.04, Lobster Trawl Limits on Casco Bay
ADOPTED RULE NUMBER: 2010-428
CONCISE SUMMARY: There are three areas designated in statute as “areas of limited lobster fishing” where it is unlawful to have more than three lobster traps on a trawl. These are west of Cape Elizabeth and east of Kittery, between Pemaquid and Robinson’s Points, and off of Hancock County. These areas of limited lobster fishing were repealed during the past legislative session with an effective date of January 1, 2011, so that they could instead be adopted in regulation before their repeal. The adopted rules put exactly what is currently in statute into rule instead. This will allow the Zone Councils to make recommendations on the number of lobster traps allowed on a trawl, and make future changes through the Zone Council process as needed.
CHAPTER NUMBER AND TITLE: Ch. 25.97, Management Framework for Island Limited Entry Program
ADOPTED RULE NUMBER: 2010-429
CONCISE SUMMARY: These adopted regulations establish the procedures under which an island limited entry program could be created, including the petition process, referenda, and adoption procedures. Based on the comments a clarification has been added that the interim island committee has the authority to make a change in the number of island licenses proposed, based on feedback from the Zone Council. The minimum length of time that an island would have to wait to hold another referendum on the subject if their original referendum failed was shortened from 36 months to 24 months. The rule was changed to state that in the initial year of establishment of an island limited entry program, the Department may issue licenses at the conclusion of the rule-making, rather than wait until February 1; in subsequent years, licenses will be issued concurrent with Zone entry, by February 1. Also, a clarification was provided that if there are not two new island lobster license holders, the Island Committee may contain less than two new island lobster license holders.
CHAPTER NUMBER AND TITLE: Ch. 55.90 41.30, Menhaden Pilot Program
ADOPTED RULE NUMBER: 2010-430, 431
CONCISE SUMMARY: The Menhaden Pilot Program is expanded coast wide. Areas A and B in southern Maine remain the same and Area C expands to include all other Maine territorial waters. The selected option to change the limitation on the carrier vessel size is a maximum size of 90 ft with vessel measurement required and carrier vessels are allowed to land once per day at a limit of 250,000 lb. An exception allows carrier vessels less than 70 ft to land more than once per day. The restriction that menhaden only be landed for the purpose of bait when taken from Maine territorial waters was removed.
EFFECTIVE DATE: September 20, 2010
AGENCY CONTACT PERSON: Laurice Churchill
AGENCY NAME & ADDRESS: Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008. Telephone: (207) 633-9584. TTY: (207) 633-9500. E-mail: Laurice.Churchill@Maine.gov
WEBSITE: http://www.maine.gov/dmr/index.htm