March 9, 2016

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, Hunting and Trapping: 4.04, Bear Hunting Season (youth day)
PROPOSED RULE NUMBER: 2016-P022
BRIEF SUMMARY: In accordance with PL 2015 ch. 79, the Department of Inland Fisheries and Wildlife is proposing to add language to the Bear Hunting Season rule to include a youth bear hunting day as follows:
There shall be a youth bear hunting day on the Saturday prior to the opening day of the bear hunting season as established in Title 12  §11251 sub- §1 para. A.
This will provide consistent language in Department rules for all youth hunting days. All laws pertaining to the general bear hunting season will apply on this day.
A complete copy of the proposed rule can be obtained from the rule-making contact person listed below.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: April 8, 2016
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  §11251
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting Season
PROPOSED RULE NUMBER: 2016-P023
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 2016 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 / 50 antlerless
WMD 2 – 200 bulls /50 antlerless
WMD 3 – 135 bulls / 50 antlerless
WMD 4 – 200 bulls / 50 antlerless
WMD 5 – 125 bulls
WMD 6 – 125 bulls
WMD 7 – 125 bulls
WMD 8 – 175 bulls
WMD 9 - 75 bulls
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 – 75 bulls/20 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: 1,815 bulls /220 antlerless / 105 any-moose
The Department is also proposing to adjust the timing of the November moose hunting season that occurs in northern Maine (sometimes referred to as the β€œ3rd week”) so that it occurs during the week preceding the opening of the firearms season on deer.
A complete copy of the proposed rule can be obtained from the rule-making contact person listed below.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: April 8, 2016
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  § § 11551, 11552
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IFW WEBSITE: www.maine.gov/ifw .

ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 415, Reasonable Costs for Handling and Recycling of Electronic Wastes
ADOPTED RULE NUMBER: 2016-030
CONCISE SUMMARY: The purposes of the proposed amendment to Ch. 415 are to ensure consistency with 38 MRS  §1610 regarding covered entities, clarify definitions and organization, provide an opportunity for television and game console manufacturers to implement independent recycling programs, and ensure the Department has the ability to request records necessary to administer the program.
EFFECTIVE DATE: March 7, 2016
AGENCY CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. Fax: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab: 25.45, Crab Fishing Limitations
ADOPTED RULE NUMBER: 2016-031
CONCISE SUMMARY: In accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan for Jonah Crab (August 2015), the Department is adopting rule-making which will implement size and possession limits for Jonah Crabs, as required under the FMP. These new requirements include setting a minimum size of 4.75 inches; making it unlawful to possess egg-bearing, female Jonah crab; making it unlawful to possess mutilated Jonah crabs on board a vessel; and making it unlawful for recreational possession of more than 50 Jonah crabs per person per 24-hour day. In addition, the rule-making consolidates three pre-existing regional/seasonal limits on crab under the new crab section.
EFFECTIVE DATE: March 7, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay (Deaf/Hard of Hearing). E-mail: Hannah.Dean@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. 25, Lobster and Crab: 25.97, Management Framework for Island Limited Entry Program
ADOPTED RULE NUMBER: 2016-032
CONCISE SUMMARY: The regulation strikes Chebeague Island from the list of islands participating in the Island Limited Entry Program. The Chebeague Island Limited Entry Committee requested a referendum be conducted to assess whether license holders on Chebeague supported the continuation of the Program. Of those voting, 83% supported eliminating the Program. After reviewing the referendum results, the Chebeague Island Limited Entry Committee requested the Commissioner undertake rule-making to terminate the Chebeague Island Limited Entry Program. The Department received no comments opposing the elimination of this Program.
As authorized by 12 MRS  §6449, the Commissioner of Marine Resources adopts this regulation.
EFFECTIVE DATE: March 7, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay (Deaf/Hard of Hearing). E-mail: Hannah.Dean@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)
RULE TITLE OR SUBJECT: Ch. 32, Eels: 32.03, Commercial Harvesting Regulations; 32.06, Recreational Eel Harvesting Regulations; 32.30, Elver Gear and Fishing License Lottery; 32.35, Elver Quota System for 2016 Elver Season
ADOPTED RULE NUMBER: 2016-033
CONCISE SUMMARY: This rule-making establishes the elver quota allocations for the 2016 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. 2016 allocations will be the same as the 2015 allocations, minus any quota that was provided due to licenses that were under suspension in 2015, but which are not under suspension in 2016. The rule-making also creates an area closure to the taking of eels and elvers within a portion of the Kennebec River and within Cobbosseecontee Stream in Gardiner, so that Maine DMR can undertake the eel life cycle study required for compliance with the ASMFC fisheries management plan. The elver gear and fishing license lottery has been suspended by the Legislature, so the language regarding the lottery is struck, until such time as the lottery is reinstated in law. Finally, there is some reorganization of the chapter to combine the regulations regarding commercial and recreational eel harvesting.
EFFECTIVE DATE: March 7, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay (Deaf/Hard of Hearing). E-mail: Hannah.Dean@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. 45, Shrimp: 45.05, Shrimp Season Closure
ADOPTED RULE NUMBER: 2016-034
CONCISE SUMMARY: On December 7, 2015, the Atlantic States Marine Fisheries Commission’s (ASMFC) Northern Shrimp Section approved a moratorium for the 2015-2016 shrimp fishery. This action was taken in response to the findings of the 2015 Stock Status Report, indicating current fishable biomass is the lowest on record. The Northern Shrimp Technical Committee (NSTC) evaluated a suite of indicators including fishery performance, survey indices of abundance and biomass, and environmental conditions. Despite the marginal increase in the recruitment index in 2014, the population continues to meet the criteria defining a collapsed stock. For these reasons, the Department enacted emergency rule-making to prevent the taking of shrimp. This rule-making makes the emergency rule-making permanent.
EFFECTIVE DATE: March 7, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (711) Maine Relay (Deaf/Hard of Hearing). E-mail: Hannah.Dean@Maine.gov . DMR rule-making website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.htm .