June 7, 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: 65-625 - Public Utilities Commission (PUC), Emergency Services Communications Bureau
CHAPTER NUMBER AND TITLE: Ch. 2, Requirements for the Enhanced 9-1-1 System Service Provider and Local Exchange Carriers
PROPOSED RULE NUMBER: 2017-P068
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking to amend Ch. 2 of the Emergency Services Communication Bureau's Rules pertaining to requirements for Local Exchange Carriers regarding Enhanced 9-1-1 and the Enhanced 9-1-1 System Service Provider.
PUBLIC HEARING: No public hearing - Pursuant to 5 MRS  8052(1), the Commission will schedule a public hearing if five people make such a request. The deadline for requesting a public hearing is 4:00 p.m., Wednesday, June 21, 2017.
COMMENT DEADLINE: July 10, 2017. Written comments on the proposed rule will be due no later than 4:00 p.m., Monday, July 10, 2017. If a public hearing is held in this matter, written comments on the proposed rule will be due fourteen days after the date of the hearing. All comments should be submitted using the Commission's Case Management System and will be publicly available in that system. Pease refer to the Docket Number of this proceeding – Docket No. 2017-00087 – when submitting comments.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT: Jordan McColman, MPUC, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-3831. Fax: (207) 287-1039. TTY: Maine Relay 711. E-mail: Jordan.McColman@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 25 MRS    2926, 2927, 2933; 35-A MRS    103(2)(D), 111
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
AGENCY WEBSITE: http://www.maine.gov/mpuc/ .
PUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: 34.06, Recreational Groundfish Restrictions: Recreational Cod, Haddock and Pollock - Federal Compliance and Technical Changes
PROPOSED RULE NUMBER: 2017-P069
BRIEF SUMMARY: In accordance with the New England Fishery Management Council (NEFMC) and for consistency with the National Marine Fisheries Service (NMFS) proposed rule published May 25, 2017, the Department proposes changes for charter, party & recreational vessels operating in state waters regarding cod, haddock and pollock. A zero (0) possession limit is being proposed for cod. In 2016 recreational fishermen exceeded their sub-ACL of cod by 92%. Therefore, the NEFMC recommended zero (0) possession of cod on all charter, party and recreational vessels. Recreational possession limits for haddock are proposed to decrease from 15 to 12 fish along with a new closed season proposed for the fall, in addition to the existing spring closure. The closure period proposed in this rulemaking covers the entire time period for both options which are being considered in the federal proposal; the final closure period will ensure consistency with what is adopted federally. In 2016 recreational fishermen exceeded their 2016 sub-ACL of haddock by 15%. Therefore, the NEFMC recommended that recreational haddock possession be further restricted. For pollock, possession limit and the minimum size limit of 19” (48.3 cm) are proposed to be removed for consistency with adjacent state recreational fisheries and to provide additional fishing opportunities to the fleet, as the pollock resource is currently considered to be in a healthy state.
PUBLIC HEARING: June 26, 2017 - 4:00 p.m., DMR Conference Room #118, Marquardt Building, 32 Blossom Lane, Augusta
Hearing facilities: If you require accommodations due to disability, contact Amanda Beckwith at (207) 287-7578.
COMMENT DEADLINE: July 7, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT: Amanda Ellis (Telephone: (207) 624-6573). Mail Written Comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. DMR Rulemaking Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov . Fax: (207) 624-6024. TTY: (207) 624-6500 (Deaf/Hard of Hearing).
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE:12 MRS  6749,  6173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Herring Regulations: 36.01, Herring Management Plan
PROPOSED RULE NUMBER: 2017-P070
BRIEF SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). Designated landing days for all vessels issued a Federal Limited Access Atlantic Herring Category A Permit for Management Area 1A, Sub-ACL Trimester 2 (June 1 – September 30) shall be three consecutive days, beginning on 6:00 p.m. Sunday to 6:00 p.m. Wednesday and are limited to landing 400,000 lbs. (10 trucks) weekly; and, may transfer to one carrier vessel per week up to 80,000 lbs. All vessels issued a Federal Limited Access Atlantic Herring Permit Category C shall fish and land Atlantic herring on seven consecutive days a week and shall not transfer fish caught to a carrier vessel at sea. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.).
PUBLIC HEARING: June 26, 2017 at 1:00 p.m., DMR Conference Room, Marquardt Building, 32 Blossom Lane, Augusta
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
COMMENT DEADLINE: July 7, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT: Amanda Ellis (Telephone: (207) 624-6573).
Mail Written Comments to: Department of Marine Resources, attn.: Rulemaking, 21 State House Station, Augusta, ME 04333-0021. DMR Rulemaking Website: http://www.maine.gov/dmr/rulemaking/ . E-mail: dmr.rulemaking@maine.gov . Fax: (207) 624-6024 .TTY: (207) 624-6500 (Deaf/Hard of Hearing).
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS  6749,  6173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: same
DMR WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

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: 2017-083 (Emergency)
CONCISE SUMMARY: Atlantic herring may only be landed from Management Area 1A on days that have been designated landing days by the Atlantic States Marine Fisheries Commission (ASMFC). At their Days Out Meeting in May 23, 2017, the Atlantic Herring Section determined that landing days for all vessels issued a Federal Limited Access Atlantic Herring Category A Permit for Management Area 1A, Sub-ACL Trimester 2 (June 1 - September 30) shall be three consecutive days, beginning on 6:00 p.m. Sunday to 6:00 p.m. Wednesday and are limited to landing 400,000 lbs. (10 trucks) weekly; and, may transfer to one carrier vessel per week up to 80,000 lbs. All vessels issued a Federal Limited Access Atlantic Herring Permit Category C shall fish and land Atlantic herring on seven consecutive days a week and shall not transfer fish caught to a carrier vessel at sea. All vessels landing herring caught in Management Area 1A in any Maine port are limited to one landing per 24 hour period (6:00 p.m. to 6:00 p.m.). The Commissioner has determined that it is necessary to take emergency action to implement these limitations to prevent the depletion of the supply of Atlantic herring and to comply with the changes to the interstate management of the Atlantic herring resource. The Commissioner hereby adopts this emergency regulation as authorized by 12 MRS  6171(3).
EFFECTIVE DATE: June 4, 2017
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Melissa.Smith@Maine.gov .
DMR Rulemaking website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 41, Menhaden: 41.30, Menhaden Program; (1), State Allocation Fishery (Menhaden Fishery Closure)
ADOPTED RULE NUMBER: 2017-084 (Emergency)
CONCISE SUMMARY: The Atlantic States Marine Fisheries Commission (ASMFC) Atlantic Menhaden Management Board approved a total allowable catch (TAC) for the 2017 fishing seasons of 200,000 mt per year. The amount allocated to Maine for 2017 is 171,882 lbs. States have the responsibility to close their directed commercial fisheries in their state once their quota has been reached. Based on its knowledge of existing fishing activity, Maine DMR is aware that the 2017 menhaden quota has been reached, and is closing the menhaden fishery for 2017 in order to avoid unusual damage and imminent depletion of the menhaden resource. The Commissioner adopts this emergency rule-making under the authority provided by  6171-3(A).
EFFECTIVE DATE: June 3, 2017
AGENCY CONTACT PERSON: Melissa Smith, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Melissa.Smith@Maine.gov .
DMR Rulemaking website: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 65-407 - Public Utilities Commissioner (PUC)
CHAPTER NUMBER AND TITLE: Ch. 220 (New), Removal of Provider of Last Resort Service Obligation
ADOPTED RULE NUMBER: 2017-085
CONCISE SUMMARY: The Public Utilities Commission finally adopts Ch. 220, Removal of Provider of Last Resort Service Obligation, pursuant to recently enacted legislation, Resolves 2017 ch. 4.
EFFECTIVE DATE: July 6, 2017
AGENCY CONTACT PERSON / PUC RULE-MAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. E-mail: Jamie.A.Waterbury@Maine.gov .
PUC WEBSITE: http://www.maine.gov/mpuc/ .