February 13, 2013

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 and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4.05, Moose hunting
PROPOSED RULE NUMBER: 2013-P021
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt a rule establishing the number of moose hunting permits to be issued for the 2013 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:
WMD 1 – 300 bulls / 300 antlerless
WMD 2 – 450 bulls /350 antlerless
WMD 3 – 200 bulls / 300 antlerless
WMD 4 – 400 bulls / 400 antlerless
WMD 5 – 125 bulls / 50 antlerless
WMD 6 – 150 bulls
WMD 7 – 125 bulls / 60 antlerless
WMD 8 – 175 bulls / 75 antlerless
WMD 9 – 75 bulls
WMD 10 – 60 bulls
WMD 11 – 50 bulls
WMD 12 – 35 bulls / 20 antlerless
WMD 13 – 35 bulls / 10 antlerless
WMD 14 – 35 bulls
WMD 15 – 25 any-moose
WMD 16 – 20 any-moose
WMD 17 – 20 bulls
WMD 18 – 40 bulls
WMD 19 – 100 bulls/50 antlerless
WMD 22 – 10 any-moose
WMD 23 – 25 any-moose
WMD 25 – 25 any-moose
WMD 26 – 25 any-moose
WMD 27 – 15 bulls
WMD 28 – 20 bulls
TOTAL: 2410 bulls /1615 antlerless / 130 any-moose
In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will begin on the Monday following the close of the bear baiting season and remain open for 6 days and in WMDs 1 – 14, 17, 18, 19, 27 and 28 the season will begin on the second Monday of October and remain open for 6 days.
There shall be an open season in WMDs 1 – 8, 10 and 11 to begin on the first Monday of November and remaining open for 6 days with antlerless only permits being allocated.
In WMDs 15, 16, 22, 23, 25 and 26 the season begins the 4th Monday preceding Thanksgiving to the Saturday following Thanksgiving; the Saturday preceding the first day of this season is open for the hunting of moose by permit holders who are residents of this State only. The term “any-moose” means a moose of either sex. Persons hunting moose during this season must comply with the same hunter orange requirements as deer hunters. The legal hunting hours will be from ½ hour before sunrise to ½ hour after sunset.
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: March 15, 2013
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / IFW RULE-MAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact anticipated
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 4, Municipal Shellfish Conservation Warden Revision
PROPOSED RULE NUMBER: 2013-P022
CONCISE SUMMARY: The Department of Marine Resources (DMR) proposes clarifications to the procedures for certification, recertification and revocation of certification of municipal shellfish conservation wardens. The proposed regulations include: clarifications as to which violations result in the revocation or suspension a warden’s certification; changing the language so municipalities will no longer be responsible for managing a warden’s certification or recertification as it would become the individual person’s responsibility; removing the warden’s biannual reporting requirement; and clarifying the laws a shellfish warden can enforce within their jurisdiction.
PUBLIC HEARING: None scheduled
DEADLINE FOR COMMENTS: March 15, 2013. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Michelle Mason Webber ((207) 624-6570), Department of Marine Resources, attn K. Rousseau (Small Business Information / DMR Rule-making Liaison), 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (877) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. �6671(8), §6673, §6856(3-D)
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 42.01(1)(C), Striped Bass Circle Hook Exemption
PROPOSED RULE NUMBER: 2013-P023
CONCISE SUMMARY: This proposed rule-making regarding striped bass would allow anglers to fish for these species with a traditional rubber/latex tube rig lure that has bait attached to the tail end. This lure will not fish properly with a circle hook as is currently required beginning January 1, 2013 under Ch. 42.01(1)(C). These rubber/latex tube rigs have a very low incidence of gut-hooking fish thus a low incidence of hook mortality. This type of rig is fished primarily along the southern part of the Maine coast.
PUBLIC HEARINGS: Tuesday, March 5, 2013 - 4 p.m., Large Conference Room, Maine Department of Marine Resources, 194 McKown Point Road, West Boothbay Harbor. Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR COMMENTS: March 15, 2013. To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
AGENCY CONTACT PERSON: Bruce Joule ((207) 633-9505), Department of Marine Resources, attn K. Rousseau (Small Business Information / DMR Rule-making Liaison), 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (877) 577-6690 (Deaf/Hard of Hearing). E-mail: dmr.rulemaking@maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S. §6171
WEBSITE: http://www.maine.gov/dmr/rulemaking/ .

ADOPTIONS


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 55.07, Seasonal Net Restriction
ADOPTED RULE NUMER: 2013-034 (Emergency)
CONCISE SUMMARY: This emergency rule-making would prohibit the placement of nets in watercourses within Maine territorial waters between noon February 1 and noon March 22, 2013 in order to conserve marine, estuarine, and diadromous species including, but not limited to: rainbow smelt, Atlantic tomcod, sea-run brook trout, winter flounder, and American eel greater than six inches. Most of these species once supported important commercial or recreational fisheries in Maine. However, their numbers either have declined to historically low levels (rainbow smelt and American eel) or their status is unknown (Atlantic tomcod and sea-run brook trout). In 2004, rainbow smelt was designated as a Species of Concern by the National Marine Fisheries Service. This adopted rule would prevent the capture of adult rainbow smelt and Atlantic tomcod during their winter spawning migrations, thus reducing the possibility of extinction of Maine’s remaining populations. This adopted rule also would prevent the capture of winter flounder below the legal size limit, the capture of American eel with illegal gear (limited to hoop net or eel pot), and sea-run brook trout during their seasonal movements in tidal waters. For these reasons, the Commissioner hereby adopts this emergency regulation to reduce the risk of unusual damage and imminent depletion of sea run fisheries resources listed above as authorized by 12 MRSA §6171(3).
EFFECTIVE DATE: Friday, February 1, 2013
AGENCY CONTACT PERSON: Gail Wippelhauser, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6349. E-Mail: dmr.rulemaking@maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 90-351 - Workers’ Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 13 (New), Rules of Appellate Division
ADOPTED RULE NUMBER: 2013-035
CONCISE SUMMARY: The new chapter establishes rules of procedure to ensure prompt and inexpensive review of hearing officer decisions by the Appellate Division of the Workers’ Compensation Board as required by 39-A MRSA §321-A(3). The rule sets forth the requirements for filing appeals, filing the record on appeal, format and content of briefs and limits oral arguments to cases where the Appellate Division deems necessary.
EFFECTIVE DATE: February 9, 2013
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: John C. Rohde, General Counsel, Workers’ Compensation Board, 27 State House Station, Augusta, Maine 04333-0027. Telephone: (207) 287-7086. E-mail: John.Rohde@Maine.gov .
WEBSITE: http://www.maine.gov/wcb/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.22, 2012-13 Closures: (10) Blue Hill Bay Area; (13) Jonesport/Machias Area
ADOPTED RULE NUMER: 2013-036 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of a conservation closure located in Blue Hill Bay and the Jonesport/Machias area in order to protect Maine’s scallop resource due to the risk of unusual damage and imminent depletion. Scallop populations throughout the state are at extremely low levels. The Department is concerned that unrestricted harvesting during the remainder of the 2012/2013 fishing season in these areas may deplete a severely diminished resource beyond its ability to recover. Continued harvesting may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing the broodstock essential to a recovery. Previous emergency rulemaking action in the 2012-13 scallop season include adjustments to the daily possession limit and closures in Inner Blue Hill Harbor, Muscongus Area, Southeast Harbor, East Moosabec Reach, Gouldsboro & Dyer Bays, Damariscotta River and Somes Sound. A significant immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion. For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in the Blue Hill Bay and the Jonesport/Machias area as authorized by 12 MRSA §6171(3).
EFFECTIVE DATE: February 4, 2013
AGENCY CONTACT PERSON: Trish De Graaf ((207) 624-6554), Department of Marine Resources, State House Station 21, Augusta, Maine 04333-0021. Website: http://www.maine.gov/dmr/rulemaking/ . Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Trisha.DeGraaf@Maine.gov
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Kevin.Rousseau@Maine.gov .


AGENCY: 90-564 - Fund Insurance Review Board
CHAPTER NUMBER AND TITLE: Ch. 4, Oil Import Fees
ADOPTED RULE NUMBER: 2013-037
CONCISE SUMMARY: The rule amendment will reduce the additional fees that are assessed under 38 MRSA §569-A(5)(A) when the balance of the Ground Water Oil Clean-up Fund is $5 million or less from 20 cents to 18 cents per barrel of gasoline and from 10 cents to 6 cents per barrel of other refined petroleum products and their by-products, including #2 fuel oil, kerosene, jet fuel and diesel fuel, but not including liquid asphalt and #6 fuel oil.
EFFECTIVE DATE: February 10, 2013
AGENCY CONTACT PERSON: Katryn Gabrielson, Finance Authority of Maine, 5 Community Drive. Telephone: (207) 620-3515. E-mail: kgabrielson@famemaine.com .
AGENCY RULE-MAKING LIAISON: Mary.Sauer@Maine.gov .