July 13, 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.

PROPOSAL

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.65, Lobster and Crab Closure in Penobscot River
PROPOSED RULE NUMBER: 2016-P089
BRIEF SUMMARY: The Commissioner proposes this rule-making in order to protect public health due to the risk of mercury contamination in lobsters and crabs found in the mouth of the Penobscot River north of a line starting at the westernmost point of Perkins Point in the Town of Castine continuing in a northwesterly direction to the southernmost point on Squaw Point (also known as Rocky Point) on Cape Jellison in the Town of Stockton Springs. In 2013, DMR received data warranting the current closure in the mouth of the river in early 2014, and undertook confirmation work to provide the basis for future management or public health decisions. Based on analysis of the data collected in 2014 through the confirmation work, DMR determined that a consumption advisory would be warranted for lobster taken from an expanded area south of the existing closure. Because this remains a discrete area and in order to be health protective, DMR is instead taking action to expand the existing closed area. The Department expanded the closed area through an emergency rule-making effective June 21, 2016. This rule-making would make that emergency rule-making permanent. While the 2014 confirmation work did not show levels of concern for crabs, the area will remain closed to the harvest of crabs until further analysis can be conducted and management options analyzed.
PUBLIC HEARING: None Scheduled
COMMENT DEADLINE: August 12, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / 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: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: DMR.rulemaking@Maine.gov . DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  §6171-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
DMR WEBSITE: http://www.maine.gov/dmr/index.html .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
ADOPTED RULE NUMBER: 2016-115 (Emergency)
CONCISE SUMMARY: For Management Area 1A, Sub-ACL Trimester 2 (June 1 – September 30), all vessels landing herring caught in Management Area 1A in any Maine port will be limited to fishing for and landing herring for one day only: 6 p.m. on Sunday night to 6 p.m. Monday. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6 p.m. to 6 p.m.). “Landing” is defined to mean to come to shore, float, or a dock and offload herring. The rule also puts into effect certain measures required under the Atlantic States Marine Fisheries Commission (ASMFC) approved Amendment 3 to the Interstate Fishery Management Plan (FMP) for Atlantic Herring in February 2016. For these reasons, the Commissioner has determined that it is necessary to take emergency action under 12 MRS 6171(3)(B) and (C) to prevent the depletion of the supply of herring and to achieve compliance with changes to the interstate fisheries management plan. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS  §6171(3).
EFFECTIVE DATE: July 2, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. E-mail: Hannah.Dean@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan; D. Catch Restrictions, (3) Effort Restrictions
ADOPTED RULE NUMBER: 2016-116 (Emergency)
CONCISE SUMMARY: For Management Area 1A, Sub-ACL Trimester 2 (June 1 - September 30), all vessels landing herring caught in Management Area 1A in any Maine port will be limited to fishing for herring on three consecutive days only (6 p.m. Saturday to 6 p.m. Tuesday) and landing herring for two consecutive days only: 6 p.m. on Sunday night to 6 p.m. Tuesday. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6 p.m. to 6 p.m.). The rule also defines harvester vessel and carrier vessel, and imposes reporting requirements for both types of vessels. Seiners may transfer fish to another seiner (who is required to report the received catch as their own), but may only transfer fish to one carrier vessel per week. Vessels operating as harvester vessels may not operate as carrier vessels on the same trip. For these reasons, the Commissioner has determined that it is necessary to take emergency action under 12 MRS  §6171(3)(B) to prevent the depletion of the supply of herring. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS  §6171(3).
EFFECTIVE DATE: July 9, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. E-mail: Hannah.Dean@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 10, Clams and Quahogs
ADOPTED RULE NUMBER: 2016-117
CONCISE SUMMARY: This rule-making implements conservation measures regarding razor clams in order to protect the razor clam resource and to prevent the use of certain harvest methods that have been shown to have possibly detrimental effects on razor clam resources and fishermen. Specifically, this rule-making puts in place size restrictions on razor clams and to prohibit the use of harvesting techniques that use electricity or electrical fields. Electricity based harvest methods have been shown to cause injury to razor clams of sublegal size by exposing them to greater predation threats. In addition, the impacts and risks posed to human divers that typically work alongside electricity based harvesting equipment is unknown. Finally, the rule adds clarifying sections on minimum size tolerance for Quahogs under Section 10.04.
EFFECTIVE DATE: July 17, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. E-mail: Hannah.Dean@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops (Restructuring Rule-making)
ADOPTED RULE NUMBER: 2016-118
CONCISE SUMMARY: This rule-making restructures the Scallop regulations, for greater clarity and ease of use by the public and industry members.
EFFECTIVE DATE: July 17, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. E-mail: Hannah.Dean@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations and 2016-2017 Harvesting Season
ADOPTED RULE NUMBER: 2016-119
CONCISE SUMMARY: This regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 during the 2016-2017 season.
For Zone 1, a 15-day season is established for divers, trappers, rakers and draggers in 2016-2017, which is the same number of days as in the 2015-2016 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers may fish 15 days in September ("early season"), or 15 days in December ("late season"); and draggers in December ("early season"), or February and March ("late season").
For Zone 2, a 38-day season is established for divers, trappers, rakers and draggers in 2016-2017, which is the same number of days as in the 2015-2016 season. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers may fish 38 days in September through December ("early season"), or 38 days in December through March ("late season"); and draggers would have 38 days in October through March ("early season") or November through March ("late season").
For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 9-day season is established for Zone 2 divers, trappers, rakers and draggers in 2016-2017, which is the same number of days as the season in 2015-2016. Zone 2 divers, rakers and trappers may fish 9 days in November and December ("early season"), or 9 days in January, February and March ("late season"); both early and late season Zone 2 draggers would have 9 days in December, February and March. The Sea Urchin Zone Council recommended the selection of these particular days.
This regulation would also change the date by which a Zone 2 harvester must designate the early or late season, from September 15 to August 15, if the harvester wishes to change his/her designation.
EFFECTIVE DATE: July 17, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. E-mail: Hannah.Dean@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .


AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations - Recreational Cod and Haddock Federal Compliance and Technical Changes
ADOPTED RULE NUMBER: 2016-120
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, 2016, the Department enacted emergency rule-making on May 7, 2016 for charter, party and recreational fishing vessels operating in state waters regarding cod and haddock. This rule will permanently instate those changes made via emergency rule-making on May 7, 2016, and will also make additional changes. For the recreational fishery, the cod fishery has been taken off the prohibited list and it is now lawful to take or possess one cod per day in state waters. Cod may not be possessed on board a charter, party or recreational fishing vessel from October 1 to July 31 inclusive. For cod fish, a minimum size limit of 24" (60.1 cm) will apply. Recreational possession limits for haddock increase from 3 to 15 fish. Finally, seasonal restrictions on haddock are being shifted, so that haddock may not be possessed on board a recreational fishing from March 1 through April 14, whereas recreational haddock possession had previously been restricted in both the fall and spring months. In addition, the rule makes certain structural changes that will clarify the contents and enforcement of the chapter. The rule will also add certain common names for species, as well as greater detail on gear measurements and sizes.
EFFECTIVE DATE: July 17, 2016
AGENCY CONTACT PERSON / DMR RULE-MAKING LIAISON: Hannah Dean, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. E-mail: Hannah.Dean@Maine.gov . Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). DMR Rule-making Website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/index.html .