May 13, 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: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 102, Electronic Funds Transfer (EFT)
PROPOSED RULE NUMBER: 2015-P067
BRIEF SUMMARY: MRS is proposing to amend Rule 102 ("Electronic Funds Transfer (EFT)"). The rule describes the requirements for tax and other payments by electronic funds transfer. Along with miscellaneous technical changes, MRS proposes to amend the rule by adding a definition of "combined tax liability during the lookback period". Proposals to remove obsolete references to mandates effective in previous years and the section relating to voluntary EFT payments are also being made as these sections are no longer necessary for the administration of the rule. A copy of the rule can be found on the MRS website at http://www.maine.gov/revenue/rules/homepage.html.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: June 12, 2015
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Dennis Doiron, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 626-8483. E-mail: Dennis.M.Doiron@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 36 MRS  §112
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .


AGENCY: 01-001 - Department of Agriculture, Conservation & Forestry
CHAPTER NUMBER AND TITLE: Ch. 360, The Returnable Beverage Container Law
PROPOSED RULE NUMBER: 2015-P068
BRIEF SUMMARY: Updating the rules governing The Returnable Beverage Container Law to add exemption from Universal Product Code (UPC) requirements for seasonally produced malt liquor products and variety packages of malt liquor products as defined by 28-A MRS  §2 sub- §18.
PUBLIC HEARING: None.
COMMENT DEADLINE: 5:00 p.m. June 15th, 2015
CONTACT PERSON FOR TIDS FILING / SMALL BUSINESS INFORMATION: Ronald Dyer, Department of Agriculture, Conservation and Forestry, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7522. E-mail: Ron.Dyer@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS ch. 28  § § 1861-1872
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
WEBSITE: http://www.maine.gov/dacf/qar/bottle_bill/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

ADOPTIONS

AGENCY: 18-553 - Department of Administrative and Financial Service (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO) / Maine State Liquor and Lottery Commission
CHAPTER NUMBER AND TITLE: Ch. 50, Lucky for Life Rules
ADOPTED RULE NUMBER: 2015-083
CONCISE SUMMARY: This amendment updates the existing rules governing the draw game Lucky for Life. The amendment to the rules is necessary because of major games changes to Lucky for Life as determined by the "Lucky for Life Regional Game Agreement" including a change to matrix to be 5 of 48 and 1 of 18; changing the odds for the Top Prize to 1:30,821,472; changing the overall odds to win a prize to 1:7.769; and adding 11 more lottery jurisdictions to change the game from a regional game to a multi-state national game. All of the lower tier prizes will be increasing with the change in the game as well. The Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for Lucky for Life as required by the “Lucky for Life Regional Game Agreement”. The signatories of the “Lucky for Life Regional Game Agreement” are the governing body for the Lucky for Life game.
In order to sell Lucky for Life tickets in Maine, the Maine State Liquor and Lottery Commission must adopt uniform provisions and Maine specific provisions for the major components of the rules for Lucky for Life as required by the “Lucky for Life Regional Game Agreement”. The signatories of the “Lucky for Life Regional Game Agreement” are the governing body for the Lucky for Life game.
EFFECTIVE DATE: May 10, 2015
AGENCY CONTACT PERSON / RULE-MAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Telephone: (207) 287-6750. Fax: (207) 287-6769. E-mail: Tim.Poulin@Maine.gov .
WEBSITE: http://www.maine.gov/dafs/bablo/ .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 32, Eels: 32.07, Elver harvesting limitations; gear
ADOPTED RULE NUMBER: 2015-084 (Emergency)
CONCISE SUMMARY: This emergency regulation limits the use of fyke nets in the elver fishery to those individuals authorized to fish fyke nets pursuant to 12 MRS  §6575-B sub- §2-B, or pursuant to 12 MRS  §6302-A sub- §3 E, E-1, F, or G, as authorized by 12 MRS  §6171(3). This regulation is necessary to ensure that the state does not exceed the elver quota of 9,688 lbs. established in regulation and required for compliance with the Atlantic States Marine Fisheries Commission (ASMFC) Fishery Management Plan for American Eel.
EFFECTIVE DATE: May 8, 2015
AGENCY CONTACT PERSON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (888) 577-6690 (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/index.htm .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish: 34.10, Recreational Cod and Haddock Federal Compliance Regulations
ADOPTED RULE NUMBER: 2015-085 (Emergency)
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council and for consistency with the National Marine Fisheries Service (NMFS) federal regulations effective May 1, 2015, the Department enacts this emergency rule-making for all persons aboard charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. For the recreational fishery, the cod fishery is closed and it is unlawful to take or possess cod in state waters. For recreational haddock fishing, the minimum size is reduced to 17 inches to reduce mortality.
Updated assessments for Gulf of Maine cod indicate the stock is in severe decline and haddock exceeded the catch limit in place for FY 2014. Because the FY 2014 recreational overage was substantial, significant changes in management measures were deemed necessary by NMFS to ensure the recreational fishery does not exceed its catch limit again in FY 2015. The necessary reduction represents a 78% reduction for Atlantic cod, and an 84% reduction for haddock from the actual estimated 2014 recreational catch. This rule must be adopted on an emergency basis to implement the management measures in time to ensure that recreational harvest limits are not exceeded in 2015, in order to protect cod and haddock from unusual damage or imminent harm caused by overfishing.
As authorized by 12 MRSA  §6171 (3), the Commissioner of Marine Resources adopts this emergency regulation due to the risk of unusual damage and imminent depletion of the cod and haddock resources.
EFFECTIVE DATE: May 9, .2015
AGENCY CONTACT PERSON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). DMR Rule-making E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 42, Striped Bass Slot Limit, Option B
ADOPTED RULE NUMBER: 2015-086
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. Maine advanced two options for public comment to achieve that reduction. This rule-making (Option B) would establish a new minimum size for Maine's striped bass fishery. Specifically, this rule would allow a person would be able to take one striped bass each day 28 inches or more in total length. A second option (Option A) with a 24"-26" slot limit was also proposed in a separate concurrent rule-making, however based on consideration of comments received, that proposed rule was not advanced.
As authorized by 12 MRS  §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: May 13, 2015
AGENCY CONTACT PERSON: Bruce Joule (207) 633-9505, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. TTY: (711) Maine Relay. DMR Rule-making E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 75, Protected Resources
ADOPTED RULE NUMBER: 2015-087
CONCISE SUMMARY: The Department proposed this change in rule to address the federal vertical line regulations (otherwise known as the "whale rules"), which were published by National Marine Fisheries Service (NMFS) on June 27,2014, and which go into effect in Maine on June 1, 2015. This rule-making is necessary for consistency and compliance with the federal requirements of the “Atlantic Large Whale Take Reduction Plan (ALWTRP) Final Rule” in accordance with the Marine Mammal Protection Act and the Endangered Species Act. With the new whale rules, there will be a minimum number of lobster traps per trawl based on the different lobster zones and distance from shore to reduce the number of buoy lines in the water column. The various changes apply to areas of Maine's Pocket Waters, inside the Maine Sliver Area and Federal Waters. The Department is adopting adopt additional gear marking, a new 6-mile line, minimum trawl lengths and some island buffers in regulation for compliance and consistency with the federal whale rules.
As authorized by 12 MRS  §6171, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: May 13, 2015
AGENCY CONTACT PERSON: Sarah Cotnoir (tel. (207) 624-6596), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6550. Fax: (207) 624-6024. TTY: (711) Maine Relay. DMR Rule-making E-mail: dmr.rulemaking@maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .