May 16, 2018

WEEKLY NOTICES OF STATE RULEMAKING
Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rulemaking. 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 rulemaking if the petition is signed by 150 or more registered voters, and may begin rulemaking 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 rulemaking liaisons, who are single points of contact for each agency.

PROPOSALS

AGENCY: 18-553 – Department of Administrative and Financial Services (DAFS), Bureau of Alcoholic Beverages and Lottery Operations (BABLO)
CHAPTER NUMBER AND TITLE: Ch. 2, Pricing of Spirits
PROPOSED RULE NUMBER: 2018-P103
BRIEF SUMMARY: This amendment raises the growth rate needed for a discount rate increase from 4.5% to 5% in Section 3(a) of the rule and lowers the increased discount rate from 3/4 of one percent (0.75%) to 1/2 of one percent (0.5%). Additionally, in Section 3(b) of this rule, this amendment increases the growth rate needed to qualify for a discount rate increase from five percent (5%) to six percent (6%) and increases the discount rate increase from one percent (1%) to one and 1/2 percent (1.50%). This amendment also removes two tiers from the growth incentive provisions for agency liquor stores. The 5.5% and 6% growth incentive threshold tiers outlined in current rule (section 3(c) and 3(d) respectively) are not sustainable in the near or long term. The following chart depicts this scenario and the needed increase in the following fiscal year to cover that increased discount rate cost:

Projected Growth Increase %

Projected Rate Increase
Current rates: 13.5% & 15.5%

Projected Additional Cost
(based on FY17 sales)

Projected Total Cost

% Increase in sales needed to cover cost

5.5%

1.75% increase
New rates: 15.25% & 17.25%

$3,600,000

$30,800,000

8%

6%

2.5% increase
New rates: 16% & 18%

$5,200,000

$32,400,000

11.9%

A subsequent issue would occur in that the needed increase in the next fiscal year to cover this increased cost to the State would trigger another discount rate increase thereby compounding the sustainability issue of these tiers. The changes to these rules will be effective July 1, 2019.
Additionally, the discount rate increase of one (1) percent outlined in section B.4 compounds the sustainability issues; and therefore, that provision is repealed as well.
Copies of the rule are available by contacting the Maine Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, Maine 04333-0008.
PUBLIC HEARING: no public hearing
COMMENT DEADLINE: June 27, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION / BABLO RULEMAKING LIAISON: Timothy R. Poulin, Deputy Director, Bureau of Alcoholic Beverages and Lottery Operations, 8 State House Station, Augusta, ME 04333-0008. Office: (207) 287-6750. Fax: (207) 287-6769. Email: Tim.Poulin@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None
IDENTIFICATION OF PRIMARY SOURCE OF INFORMATION: Professional Judgment, National Alcohol Beverage Control Association, Pine State Spirits
STATUTORY AUTHORITY FOR THIS RULE: 28-A MRS §83-A; 28-A MRS §606 sub-§4-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
DAFS RULEMAKING LIAISON: Ian.Swanberg@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: 34.07, Atlantic Halibut
PROPOSED RULE NUMBER: 2018-P104
BRIEF SUMMARY: In order to remain within the State Waters Sub Annual Catch Limit, and to prevent the Allowable Biological Catch from being exceeded and Accountability Measures being triggered, the Department is proposing to reduce catch in the state waters halibut fishery by the following measures: 1) reducing the length of the state waters halibut season by ten days at each end of the season (resulting in a season of May 11-June 20); 2) reducing the number of hooks from 450 to 250; and 3) imposing a prohibition on possession of halibut by those license holders who have been issued state commercial halibut tags when operating seaward of the territorial waters boundary. These limitations were adopted for the 2018 season through an emergency rule-making effective April 23, 2018. This regular rule-making is being proposed concurrently.
PUBLIC HEARINGS:
Augusta: June 5, 2018, 5:00 p.m., DMR Conference Room 118, Marquardt Building, 32 Blossom Lane
Machias: June 6, 2018, 5:00 p.m., University of Maine Machias, Science Building (Rm 102), 116 O’Brien Avenue
Ellsworth: June 7, 2018, 5:00 p.m., Ellsworth City Hall (Council Chambers), One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: June 18, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: 207-624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §6171
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations, 2018-19 Season
PROPOSED RULE NUMBER: 2018-P105
BRIEF SUMMARY: This regulation would establish open harvest days for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 for the 2018-2019 season. For Zone 1, 20-day seasons are proposed for divers, trappers, rakers and draggers in 2018-2019, from which harvesters may only fish up to 15 days of their choosing, the same number of days allowed during the 2017-2018 season. For Zone 2, 45-day seasons are proposed for divers, trappers, rakers and draggers in 2018-2019, from which harvesters may only fish up to 38 days of their choosing, the same number of days allowed during the 2017-2018 season. For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 15-day season is proposed for Zone 2 divers, trappers, rakers and draggers in 2018-2019. This regulation also modifies the spatial closure of Cat Ledges Area and removes the sunset provision. The proposed regulation clarifies the daily reporting requirement and substitutes the term “reporting device” for “transaction card” to allow for the use of more inexpensive technologies should they become available.
PUBLIC HEARINGS:
Augusta: June 5, 2018, 6:00 p.m., DMR Conference Room 118, Marquardt Building, 32 Blossom Lane
Machias: June 6, 2018, 6:00 p.m., University of Maine Machias, Science Building (Rm. 102), 116 O’Brien Avenue
Ellsworth: June 7, 2018, 6:00 p.m., Ellsworth City Hall (Council Chambers), One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: June 18, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: 207-624-6500 (Deaf/Hard of Hearing). Email: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 6171, 6749
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: Ch. 4.02, Migratory Bird Hunting: H., Special Falconry Season; Ch. 4.05, Moose Hunting: K., Open and Closed Season
PROPOSED RULE NUMBER: 2018-P106
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend Ch. 4 rules to remove geese from the special falconry season for migratory game birds to comply with Federal guidelines, and is also proposing to amend the rule that provides for a controlled moose hunt during a specified period in designated areas in Aroostook County. The Commissioner is proposing to increase the number of permits issued for this special hunt from 25 to 30 eligible disabled veterans in cooperation with the Bureau of Veterans Services. The purpose of the controlled moose hunt is to reduce moose numbers in specific areas where they are causing crop damage. A detailed copy of the rule may be obtained from the agency contact person listed below.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: June 15, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING 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. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 11855, 11551
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

ADOPTIONS

AGENCY: 29-250 - Department of the Secretary of State, Bureau of Corporations, Elections and Commissions (CEC), Division of Elections
CHAPTER NUMBER AND TITLE: Ch. 535, Rules Governing the Administration of Elections Determined by Ranked-choice Voting
ADOPTED RULE NUMBER: 2018-079 (Emergency)
CONCISE SUMMARY: This emergency rule sets forth the procedures for the administration of elections determined by ranked-choice voting, including: the collection, security and handling of ballots and memory devices between the municipal offices and the central counting facility; aggregating and counting the cast vote records; administering the rounds of ranked-choice counting to achieve a result; and reporting the results.
EFFECTIVE DATE: May 11, 2018
CEC CONTACT PERSON / RULEMAKING LIAISON: Julie L. Flynn, Deputy Secretary of State, Bureau of Corporations, Elections and Commissions, 101 State House Station, Augusta, ME 04333-0101. Telephone: (207) 624-7736. Email: Julie.Flynn@Maine.gov .
ELECTIONS WEBSITE: http://www.maine.gov/sos/cec/elec/index.html .