November 16, 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: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining
PROPOSED RULE NUMBER: 2016-P118 (new comment deadline)
BRIEF SUMMARY: This new rule is being proposed to implement the Maine Metallic Mineral Mining Act, 38 MRS  §490-LL et seq., and will repeal and replace the existing Ch. 200, Metallic Mineral Exploration, Advanced Exploration and Mining rule. The proposal updates Maine's mining regulations to provide a comprehensive application and permitting process for several types of mining activities, including exploration, advanced exploration and mining. On September 15, 2016, the Board of Environmental Protection (Board) held a public hearing on the Department’s draft proposal, and additional testimony was received during the written comment period, which closed on September 26, 2016
Following the close of the public comment period, the Board held two deliberative sessions to discuss key issues raised by commenters. On November 3, 2016, the Board directed the Department to provide an opportunity for public comment pursuant to 5 MRS  §8052(5)(B) on certain changes to the proposal that may be substantial including, but not limited to: 1) provisions related to mine waste storage (including tailings impoundments); 2) prohibitions against mining in or on great ponds, rivers and coastal wetlands; 3) provisions pertaining to the protection of historic sites, unusual natural areas, scenic character, and wildlife and fisheries; 4) financial assurance requirements; and 5) the mandatory use of independent third-party compliance inspectors throughout the life of a project.
The proposed changes that the Department is seeking comment on at this time are identified by the use of “double underlines” and “double strikethroughs” in the Department’s proposal. Please note that the Department is not accepting additional comment on other portions of the proposal at this point in time. Copies of the changes to the rule for which additional public comment is being sought are available upon request by contacting the Agency contact person or on the DEP website at www.maine.gov/dep/rules/.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP rules website at http://www.maine.gov/dep/rules/ . Pursuant to Maine law, interested parties are publicly notified of the proposed rule-making and are provided an opportunity for comment. Written comments may be submitted by U.S. Postal Service mail to Jeffrey Crawford, 17 State House Station, Augusta Maine, 04333 or by e-mail to miningcomments2016.DEP@maine.gov 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: None. The Department is scheduling an additional written comment period on certain changes to its proposal that may be considered substantial changes.
COMMENT DEADLINE: December 16, 2016 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / DEP RULE-MAKING LIAISON: Jeffrey Crawford, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. E-mail: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No direct fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: PL 2011 ch. 653; 38 MRS  §490-NN(1)(B)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 94-270 - Commission on Governmental Ethics and Election Practices
CHAPTER NUMBER AND TITLE: Ch. 3, Maine Clean Election Act and Related Provisions
PROPOSED RULE NUMBER: 2016-P175
BRIEF SUMMARY: The proposed rule amendments increase the amount of seed money that may be collected by Maine Clean Election Act (MCEA) candidates and authorize MCEA candidates to collect additional contributions to qualify for supplemental public campaign funds. The rule amendments prohibit candidates from making payments of MCEA funds greater than $50 in cash, describe the procedures for an online qualifying contribution service, and presumptively hold candidates responsible for non-compliance in the collection of qualifying contributions.
PUBLIC HEARING: Thursday, December 8, 2016 @ 9:00 a.m., Commission Office, 45 Memorial Circle, Second Floor, Augusta, Maine
COMMENT DEADLINE: 5:00 p.m. on Monday, December 19, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / ETHICS RULE-MAKING LIAISON: Lorrie Brann, Commission Assistant, Commission on Governmental Ethics and Election Practices, 135 State House Station, Augusta, ME 04333. Telephone: (207) 287-4179. E-mail: Lorrie.Brann@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No impact
STATUTORY AUTHORITY FOR THIS RULE: 1 MRS  §1003(1); 21-A MRS  §1126
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: None
COMMISSION WEBSITE: http://www.maine.gov/ethics .

AGENCY: 01-001 – Department of Agriculture, Conservation & Forestry (DACF) - Division of Animal and Plant Health
CHAPTER NUMBER AND TITLE: Ch. 273, Criteria for Listing Invasive Terrestrial Plants
PROPOSED RULE NUMBER: 2016-P176
BRIEF SUMMARY: This chapter establishes criteria to be used in evaluating non-native terrestrial invasive plants that could have adverse impacts on the Maine landscape. It also establishes the list of plants that are evaluated and meet the criteria and the restrictions on the distribution and sale of those plants.
PUBLIC HEARING: December 8, 2016, 9:30 a.m. - 12:30 p.m., Room 118 Marquardt Building, 32 Blossom Lane, Augusta, Maine
COMMENT DEADLINE: Monday, December 19, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Gary Fish, Department of Agriculture, Conservation and Forestry, 28 State House Station, Augusta ME 04333. Telephone: (207)287-7545. Fax (207) 624-5020. TTY: Maine Relay 711. E-mail: Gary.Fish@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 7 MRS ch. 405-A  §2217
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/dacf/php/index.shtml .
AGRICULTURE RULE-MAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 29-250 - Secretary of State, Bureau of Motor Vehicles (BMV)
CHAPTER NUMBER AND TITLE: Ch. 157, The Administration of Over Dimension and Overweight Permits
PROPOSED RULE NUMBER: 2016-P177
BRIEF SUMMARY: The proposed amendment would allow the Chief of the Maine State Police, a member of the department holding the rank of Lieutenant or higher or their designee, at their discretion, waive the requirement for a second police escort or require additional police escorts to safely complete a permitted move. The Maine State Police may not reduce the police escort requirements below what is listed in Title 29-A  §2382 sub- §9-A.
The proposed amendment clarifies that long term permits are available to four-axle or greater special mobile equipment up to 110,000 pounds. SME exceeding 110,000 pounds would be subject to single trip permits.
The proposal makes minor clarifications to administrative procedures.
PUBLIC HEARING: none planned
COMMENT DEADLINE: December 16, 2016
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Garry Hinkley, Director - Vehicle Services Division, Maine Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333-0029. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 29-A MRS  §2382
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: n/a
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .

ADOPTIONS

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 205, Certification of Assessors
ADOPTED RULE NUMBER: 2016-188
CONCISE SUMMARY: Rule 205 (Certification of Assessors) has been updated to expand the levels of assessor certification to recognize advanced professional education and make other, housekeeping, changes. Certification and the continuing education of property tax assessors in the State of Maine is the responsibility of the State Tax Assessor. This rule governs the nature and content of the certification examinations as well as the enforcement of the continuing education requirements required under 36 MRS  §311.
EFFECTIVE DATE: November 12, 2016
AGENCY CONTACT PERSON: David Ledew, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 624-5601. E-mail: David.P.Ledew@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 18-125 - Department of Administrative & Financial Services (DAFS), Bureau of Revenue Services (Maine Revenue Services – MRS)
CHAPTER NUMBER AND TITLE: Ch. 324, ConnectME Tax Reimbursements
ADOPTED RULE NUMBER: 2016-189 (repeal)
CONCISE SUMMARY: Maine Revenue Services has repealed this rule as it is unnecessary and obsolete. Repeal will have no impact on any Maine taxpayers. This is routine annual rule-making.
EFFECTIVE DATE: November 12, 2016
AGENCY CONT ACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333. Telephone: (207) 699-6677. E-mail: David.E.Bauer@Maine.gov .
MRS WEBSITE: http://www.maine.gov/revenue/ .
MRS RULE-MAKING LIAISON: John.W.Sagaser@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 4, Municipal Shellfish Conservation Warden Certification
ADOPTED RULE NUMBER: 2016-190
CONCISE SUMMARY: This rule-making restructures Ch. 4 in order to clarify the requirements for Shellfish Conservation Warden positions, and put in place certain requirements for Warden applications that will ensure that Marine Patrol can better utilize Warden testimony in the context of shellfish violations. Specifically, changes include requiring candidates for Municipal Shellfish Conservation Warden positions to complete the MDMR Municipal Shellfish Conservation Warden Training Course, specifying that the background check will be specifically in regards to employment, and that candidates must specifically complete the MDMR Municipal Shellfish Conservation Warden Training Course. In addition, the rule requires that applicants to Warden positions qualify as candidates able to provide courtroom testimony in both civil and criminal courts.
EFFECTIVE DATE: November 15, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (207) 633-9500 (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/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Atlantic Sea Scallop Regulations and 2016-2017 Harvesting Season
ADOPTED RULE NUMBER: 2016-191
CONCISE SUMMARY: This rule establishes the 2016-2017 scallop fishing season. As in the 2015-2016 season, there is a daily possession limit of 15 gallons for Zone 1 and Zone 2, and a daily possession limit of 10 gallons for Zone 3. For Zone 1, a 60-day season is set for draggers to start on December 5, 2016 and the last day of the season is April 11, 2017. For Zone 1, a 60-day season is set for divers to start on December 1, 2016 and the last day of the season is April 15, 2017. For Zone 2, a 70-day season is set for draggers to start on December 5, 2016 and the last day of the season is March 28, 2017. For Zone 2, a 70-day season is set for divers to start on December 1, 2016 and the last day of the season is April 14, 2017. For Zone 3, a 50-day season is set for draggers to start on December 5, 2016, and the last day of the season is March 29, 2017. For Zone 3, a 50-day season is set for divers to start on December 1, 2016 and the last day of the season is March 24, 2017.
In addition, DMR is either maintaining or implementing the following targeted closures based on depletion, high concentrations of seed/sub legal scallops and/or the presence of spat-producing scallops which include Muscle Ridge (limited), Lower Muscle Ridge, Eastern Casco Bay, Ocean Point, Sheepscot River, Muscongus Bay, New Meadows River, Card Cove and East Moosabec Reach.
Finally, DMR is implementing a Limited Access Area in the MDI region of Zone 2.
Based upon comments received during the proposed rule-making process, the Department has changed the following items in the adoption documents:
• The proposed East Moosabec Reach Targeted Closure size is reduced by moving the eastern boundary west and renaming the closure as Beal-Jonesport Bridge Targeted Closure and establishing a Limited Access Area in the remaining portion of the original closure, which shall be named the East Moosabec Reach Limited Access Area.
• A minor change to the boundaries of the Lower Jericho Bay, Lower Blue Hill Bay/Jericho Bay and East Isle Au Haut Rotational Areas, which were originally made in the 2015-16 season rule-making, but reversed in error during the restructuring of the regulation in the spring of 2016.
• A minor change to the Lower Penobscot Bay & Outer Island Rotational Area eastern boundary as it included an error referencing North Haven which was corrected to Vinalhaven.
• A minor change to the eastern boundary of the Chandler Bay/Head Harbor Island rotational area and the western boundary of the Little Kennebec/Englishman Bay rotational management to include an intercept on East Black Rock to assist in the enforcement of the boundary by Marine Patrol.
• Zone 1 Dive Calendar: Two days were moved from the middle of January to the first week of that month to provide for five consecutive days of fishing before the split in the season. Two days in the middle of January were also moved to-the end of March when weather.is better. Finally, three Thursday Limited Access Area days in the month of January were moved from January 7, March 18 & 25, 2017 to enable an early split season to facilitate diving in better conditions as well as to enable tenders and helpers to find alternative work.
• Zone 2 Dive Calendar: Five days were moved from April to January (2) and February (3) to allow for three day fishing weeks in lieu of two day fishing weeks during those months to provide divers with better access to the resource before closures are implemented mid-season.
EFFECTIVE DATE: November 15, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (207) 633-9500 (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/ .

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
ADOPTED RULE NUMBER: 2016-192
CONCISE SUMMARY: This rule-making is adopted 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 on Cape Jellison in the Town of Stockton Springs. In 2013, DMR received data warranting the current closure in the mouth of the river, 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 public health risks exist relating to the consumption of lobster taken from the area. Because this remains a very discrete area and in order to be health protective, DMR took action to expand the existing closed area. In making this determination, DMR considered issuing a consumption advisory in lieu of a closure but determined that a closure would be the most effective means to achieve public health protection due to the difficulty of effectively communicating the risk to the public, including non-commercial harvesters who may be fishing in this area, the seasonal nature of the commercial fishery in this area, and the inability to track lobsters taken from the area once they enter into the market. While the confirmation work did not show levels of concern for crabs, the area will remain closed to the harvest of crabs due to enforcement constraints.
EFFECTIVE DATE: November 15, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (207) 633-9500 (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/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab:
25.08, Lobster Trap Tag System;
25.90, Swans Island Area Lobster Trap Regulation;
25.97, Management Framework for Island Limited Entry Program
ADOPTED RULE NUMBER: 2016-193
CONCISE SUMMARY: This rule-making: 1) creates a new requirement for the use of second zone lobster trap tags statewide, 2) the removal of the registration period for the Swans Island Lobster Conservation area, 3) a change in the maximum allowable number of lobster trap tags for the Swans Island Lobster Conservation Area from 475 to 600 traps, for consistency with a previous statutory change, and 4) the creation of an island limited entry program for the island for Swans Island.
This rule-making creates a requirement to use a second zone tag in all traps when fishing those traps in a zone other than their declared lobster zone. The second zone tag is in addition to their declared lobster zone tag, and is needed to increase Marine Patrol’s ability to enforce the current 49/51% trap component of the Lobster Zone Limited Entry rules.
This rule-making also removes the deadline for registration for the Swans Island Lobster Conservation Area, allowing individuals to register at any time of the year. In addition, this rule-making changes the maximum allowable number of lobster trap tags for the Swans Island Lobster Conservation Area from 475 to 600, for consistency with existing Maine law.
Finally, this rule-making addresses a recent island limited entry referendum vote for Swans Island. It creates the Swans Island limited entry program, allowing up to 72 commercial island resident lobster licenses to be issued annually, as authorized by 12 MRS  §6449.
EFFECTIVE DATE: November 15, 2016
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION / DMR RULE-MAKING LIAISON: Deirdre Gilbert, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6576. Fax: (207) 624-6024. TTY: (207) 633-9500 (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/ .