February 18, 2015

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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Concerning the Processing of Applications and Other Administrative Matters (Amendments)
PROPOSED RULE NUMBER: 2015-P029
BRIEF SUMMARY: The Department is proposing amendments to its Ch. 2, “Rules Concerning the Processing of Applications and Other Administrative Matters”, that will facilitate the electronic submission of applications, appeals and petitions, and eliminate the requirement to submit an original paper document within five working days of an electronic submission.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person before the end of the comment period. To ensure the comments are considered, they must include your name and the organization you represent, if any.
PUBLIC HEARING: No public hearing is scheduled for this proposal.
COMMENT DEADLINE: March 20, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Jeff Crawford, Maine Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: This proposal is not expected to have a significant fiscal impact on municipalities.
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiannes@Maine.gov .


AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose hunting
PROPOSED RULE NUMBER: 2015-P030
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 2015 season. Permits will be issued for bulls, antlerless and any-moose. Permits are allocated according to Wildlife Management District as follows:
WMD 1 – 275 bulls / 100 antlerless
WMD 2 – 200 bulls /100 antlerless
WMD 3 – 180 bulls / 100 antlerless
WMD 4 – 400 bulls / 200 antlerless
WMD 5 – 125 bulls
WMD 6 – 125 bulls
WMD 7 – 125 bulls
WMD 8 – 175 bulls
WMD 9 - 100 bulls / 50 antlerless
WMD 10 – 60 bulls
WMD 11 – 50 bulls
WMD 12 – 35 bulls
WMD 13 – 35 bulls
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 – 0 permits
WMD 23 – 25 any-moose
WMD 25 – 25 any-moose
WMD 26 – 10 any-moose
WMD 27 – 10 bulls
WMD 28 – 20 bulls
TOTAL: 2110 bulls /600 antlerless / 105 any-moose
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: March 20, 2015
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. 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. 42, Striped Bass Slot Limit, Option A
PROPOSED RULE NUMBER: 2015-P031
CONCISE SUMMARY: At their October 2014 meeting, the Atlantic Striped Bass Management Board of the Atlantic States Marine Fisheries Commission (ASMFC) approved Addendum IV to Amendment 6 to the Interstate Fishery Management Plan for Atlantic Striped Bass. The Addendum establishes new fishing mortality (F) reference points, as recommended by the 2013 benchmark stock assessment. In order to reduce F to a level at or below the new target, coastal states are required to implement a 25% harvest reduction from 2013 levels for the 2015 fishing season. Maine is advancing two options for public comment to achieve that reduction. This proposed rule-making (Option A) would establish a new slot limit for Maine’s striped bass fishery. Specifically, this rule proposes that a person would be able to take one striped bass each day between 24 and 26 inches in total length. A second option (Option B) is proposed in a separate concurrent rule-making.
PUBLIC HEARINGS:
Wiscasset: Monday, March 9, 2015: Lincoln County 911 Communications Center, 34 Bath Road. 6 p.m.
Scarborough: Wednesday, March 11, 2015: Cabela’s Sportsmen Meeting Room, 100 Cabela Blvd. 6 p.m.
DEADLINE FOR COMMENTS: March 23, 2015. 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)
Mail written comments to; attn: K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.


AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 42, Striped Bass Minimum Size, Option B
PROPOSED RULE NUMBER: 2015-P032
CONCISE SUMMARY: At their October 2014 meeting, the Atlantic Striped Bass Management Board of the Atlantic States Marine Fisheries Commission (ASMFC) approved Addendum IV to Amendment 6 to the Interstate Fishery Management Plan for Atlantic Striped Bass. The Addendum establishes new fishing mortality (F) reference points, as recommended by the 2013 benchmark stock assessment. In order to reduce F to a level at or below the new target, coastal states are required to implement a 25% harvest reduction from 2013 levels for the 2015 fishing season. Maine is advancing two options for public comment to achieve that reduction. This proposed rule-making (Option B) would establish a new minimum size for Maine’s striped bass fishery. Specifically, this rule proposes that a person would be able to take one striped bass each day 28 inches or more in total length. A second option (Option A) is proposed in a separate concurrent rule-making.
PUBLIC HEARINGS:
Wiscasset: Monday, March 9, 2015 Lincoln County 911 Communications Center, 34 Bath Road. 6 p.m.
Scarborough: Wednesday March 11, 2015, Cabela’s Sportsmen Meeting Room, 100 Cabela Blvd. 6 p.m.
DEADLINE FOR COMMENTS: March 23, 2015. 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). Mail written comments to: attn: K. Rousseau, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Governing the Conduct of Licensing Hearings
ADOPTED RULE NUMBER: 2015-015
CONCISE SUMMARY: The amendments remove the requirement that the Department issue press releases and public service announcements of licensing hearings. The amendments incorporate the changes to 5 MRS §9051-A(3) of the MAPA authorized by PL 2013 c. 300, “An Act to Make Minor Changes and Corrections to Statutes Administered by the Department of Environmental Protection”.
EFFECTIVE DATE: February 16, 2015
AGENCY CONTACT PERSON: Cynthia Bertocci, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-2452. E-mail: Cynthia.S.Bertocci@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Mike.Karagiennes@Maine.gov .


AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rule #276A, Cost of Care: Part 12, Residential Care
ADOPTED RULE NUMBER: 2015-016
CONCISE SUMMARY: The adopted rule clarifies instructions for determining cost of care for individuals and couples who only receive an SSI benefit; separates instructions for determining cost of care for individuals and couples who receive an SSI benefit along with another source of income; and corrects the explanation for determining cost of care for individuals and couples who do not receive an SSI benefit.
EFFECTIVE DATE: February 18, 2015
AGENCY CONTACT PERSON: R.W. Bansmer, Jr., Senior MaineCare Program Manager, Department of Health and Human Services, Office for Family Independence, 11 State House Station, 19 Union Street, Augusta, ME 04333-0011. Telephone: (207) 624-4105. TTY: 711 Maine Relay. E-mail: Reinhold.Bansmer@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/ofi/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .