January 11, 2017

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. 426, Responsibilities under the Returnable Beverage Container Law
PROPOSED RULE NUMBER: 2017-P001
BRIEF SUMMARY: The principle purpose for proposing this rule is to create Department of Environmental Protection (DEP) rules for implementing the Container Redemption Law including:
• update of citations consistent with the transfer of the program from Department of Agriculture, Conservation and Forestry (DACF) to DEP;
• clarification of responsibilities related to initiation of deposit and label registrations;
• addition of provisions that currently exist only in statute; and
• general “clean-up” of the rule, e.g., removal of duplicative provisions, consistent use of terminology, integration of standards from DACF redemption center inspection form currently “incorporated herein by reference”, some minor reorganization of existing provisions.
PUBLIC HEARING: January 31, 2017 at 1 p.m., Marquardt Building - Room 118, 32 Blossom Lane, Augusta, Maine 04333.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., February 10, 2017. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Tom Graham, DEP, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov .
DEP RULE SITE: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated
STATUTORY AUTHORITY FOR THE RULE: 38 MRS    3101 to 3117
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULE-MAKING LIAISON: Jeff.S.Crawford@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits; 25.93, Management Framework for Limiting Lobster Fishing Effort on a Local or Regional Basis - Operational Rules; 25.96, Lobster Apprentice Program
PROPOSED RULE NUMBER: 2017-P002
BRIEF SUMMARY: This proposed rule-making addresses: 1) expanding the Hancock County Trawl Limit area in Zone B, 2) amending the exit ratio for Zone B; 3) creating an exit ratio for Zone C; 4) amending the exit ratio for Zone E; 4) creating a separate waiting list for existing lobster license holders wishing to change their declared lobster zone (a “transfer” list); and 5) making minor clarifications for consistency with recent legislative changes.
This rule-making proposes to expand the Hancock Country Trawl Limit area in Zone B. In this area it is unlawful to have more than 3 lobster traps on any trawl. One of the lobster zone council authorities is to propose the number of lobster traps allowed on a trawl. The Zone B Council is proposing to extend the western boundary of the Hancock County Trawl Limit line to the 6-mile line.
This rule-making proposes to change the Zone B 5:1 exit ratio using the currency of lobster licenses not renewed to a 3:1 exit ratio using the currency of lobster license not renewed. At the Lobster Zone B Council meeting on September 21, 2016, there was a unanimous vote by the Zone B Council to advance this to rule-making.
This rule-making also proposes to establish Zone C as a limited entry zone with an exit ratio of 1:1 using the currency of lobster licenses not renewed. At the Lobster Zone C Council meeting on September 8, 2016, there was a majority vote by the Zone C Council to advance to rule-making.
This rule-making also proposes to change the Zone E 5:1 exit ratio currency from the number of trap tags associated with licenses not renewed to the number of licenses not renewed. At the Lobster Zone E Council meeting on February 29, 2016, there was a majority vote by the Zone E Council to advance this to rule-making.
For consistency with changes in statute, this proposed rule-making would also require that limited entry zones that opt to use trap tags retired in their exit ratio calculation, use the historic high of trap tags purchased, up to the current zone limit.
This proposed rule-making also addresses the lobster waiting lists, which currently consists of both apprentices who do not have a lobster license, as well as individuals that do hold a lobster license, but are requesting to switch to a different lobster zone. The Legislature recently passed a law directing the Department of Marine Resources to remove those individuals who already hold a lobster license from the existing waiting list, and create a separate “transfer” waiting list, as authorized by 12 MRS  6448. This rule-making proposes to create a single “transfer” list and make transfers “one for one” with no net increase from transfers in any zone. The Department of Marine Resources would authorize any such “swaps” until there were no matches remaining.
Finally, this proposed rule-making provides a clarification that if an individual completes the apprentice program in multiple zones, individuals would still be required to document at least the minimum of 1,000 fishing hours that is accumulated over a minimum of 200 calendar days in each desired zone. However, the minimum of the 24-month requirement is met 24 months from the date the individual logs their first day in the apprenticeship program.
PUBLIC HEARINGS:
Ellsworth: Monday, January 30, 2017, 6:00 p.m., Ellsworth High School Cafeteria
Wiscasset: Tuesday, January 31, 2017, 6:00 p.m., Wiscasset Elementary School Cafeteria
Portland: Thursday, February 2, 2017, 6:00 p.m., Portland City Hall, State of Maine Room
COMMENT DEADLINE: February 13, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Sarah Cotnoir, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6596. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Sarah.Cotnoir@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE:  12 MRS    6447, 6448
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
AGENCY RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
E-MAIL FOR DMR RULE-MAKING: DMR.rulemaking@Maine.gov .
DMR WEBSITE: http://www.maine.gov/dmr/
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@Maine.gov .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.05, Scallop Harvesting Gear Restrictions; 11.08, Targeted Scallop Conservation Closures; 11.09, Limited Access Areas
ADOPTED RULE NUMBER: 2017-001 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rule-making for the implementation of conservation closures located in Portland Harbor, Hussey Sound/Chandler Cove (hand harvest by scuba diving allowed), Narraguagus/Pigeon Hill Bay Rotational Area and Chandler Bay in order to protect Maine's scallop resource as authorized by 12 MRS  6171(3) due to the risk of imminent depletion and unusual damage. Based on direct input from Marine Patrol and independent industry participants as well as observations made through the Department's monitoring programs, the level of fishing effort in these areas during the fishing season has likely exceeded the 30% removal target that ensures the fishery continues to rebuild. The Department is concerned that unrestricted harvest during the remainder of the 2016-2017 fishing season in these specific areas may damage sublegal scallops that could be caught during subsequent fishing seasons, as well as reducing broodstock essential to a recovery. In addition, there are a number of clarifications in this rule-making.
EFFECTIVE DATE: January 1, 2017
AGENCY CONTACT PERSON / SMALL BUSINESS INFORMATION: Trish Cheney, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6554. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). E-mail: Trisha.Cheney@Maine.gov .
DMR RULE-MAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULE-MAKING LIAISON: Deirdre.Gilbert@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
ADOPTED RULE NUMBER: 2017-002
CONCISE SUMMARY: The amendment allows 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 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 amendment also makes minor clarifications to administrative procedures.
EFFECTIVE DATE: January 8, 2017
AGENCY CONTACT PERSON: Garry Hinkley, Bureau of Motor Vehicles, 29 State House Station, Augusta, ME 04333. Telephone: (207) 624-9055. E-mail: Garry.Hinkley@Maine.gov .
BMV WEBSITE: http://www.maine.gov/sos/bmv/ .
BMV RULE-MAKING LIAISON: Leslie.Soares@Maine.gov .