August 8, 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: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations (Striped Bass Length and Bag Limits)
PROPOSED RULE NUMBER: 2018-P173
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt a rule for striped bass caught in inland waters: 1-fish bag limit, minimum length 28 inches. Striped bass travel above head of tide in several of Maine’s rivers and protections for those fish is necessary. Length, bag limits and gear restrictions are reflected in Department of Marine Resources rules (Ch. 42) and apply to all territorial waters.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: September 7, 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
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

AGENCY: 17-229 - Maine Department of Transportation (MaineDOT)
CHAPTER NUMBER AND TITLE: Ch. 601, Rules Relating to the Maine State Ferry Service
PROPOSED RULE NUMBER: 2018-P174
BRIEF SUMMARY: This rule provides for the safe and secure transport of medical samples in a Lockbox on vessels owned by the Maine State Ferry Service (MSFS) in accordance with the U.S. Coast Guard Regulatory Requirements.
DETAILED SUMMARY: This rule is being proposed in response to the "Resolve 2015, Ch.8, To Improve the Safety of Ferries in the State (LD 1468 127th Maine Legislature, Filing Number S-374) ("the Resolve"). The Resolve directs the Department of Transportation ("MaineDOT") to adopt routine technical rules providing for the transport of medical diagnostic samples on Maine State Ferry Services (MSFS) Vessels. These samples should be transported in a lockbox to which medical personnel have access.
The rule requires that (a) all MSFS vessels be outfitted with a lockbox (the "Vessel Lockbox") dedicated to the secure storage of medical diagnostic samples characterized as infectious substances that are not capable of causing permanent disability or life threatening situations should exposure occur; (b) the Vessel Lockbox should be positioned in a secure safe and operational location on the vessel; ( c) the diagnostic samples be transported by couriers from an approved list with a valid Transportation Worker Identification Credential (TWIC); and ( d) the medical samples are packaged and labeled in accordance with Hazardous Material Regulations.
The rule further sets out a process of inspection and verification for the deposit of the medical diagnostic samples into the Vessel Lockbox and for the retrieval of the samples from the Vessel Lock box.
A copy of the full proposed rule may be obtained from the MaineDOT Legal Department.
PUBLIC HEARING: No public Hearing is planned.
COMMENT DEADLINE: September 7, 2018
CONTACT PERSON FOR THIS FILING/ SMALL BUSINESS IMPACT INFORMATION / MaineDOT RULEMAKING LIAISON: Toni Kemmerle, MaineDOT, 16 State House Station, Augusta, Maine 04330. Telephone: (207) 624-3024. Email: Toni.Kemmerle@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS IMPACT STATEMENT: Jennifer M. Smith (Jennifer.M.Smith@Maine.gov) and Toni Kemmerle (as above)
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: no financial impact
STATUTORY AUTHORITY FOR THIS RULE: The MaineDOT is authorized by Resolve 2015 (Resolve), Ch. 86, LD 1468 to adopt rules for the safety on Maine State Ferry Service Vessels.
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MaineDOT WEBSITE: https://www.maine.gov/mdot/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.01 (G. 1.b. and 3-A), Upland Game and Furbearing Animals (Beaver and Fisher)
PROPOSED RULE NUMBER: 2018-P175
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to amend dates for the fisher trapping season to allow two additional weeks of trapping in WMDs 12, 13 and 15-29. The amended season for trapping of fisher would be November 15 to December 31 annually. The bag limit remains at 10 fisher per trapper. An amendment is also being proposed for the areas open and closed to the trapping of beaver in WMD 25. A complete copy of the proposed rule can be obtained from the rulemaking contact person listed below.
PUBLIC HEARING: August 28, 2018 @ 5:30pm - Augusta Armory, Room 209B, 179 Western Avenue, Augusta
COMMENT DEADLINE: September 7, 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: No fiscal impact anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §10104
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits
ADOPTED.RULE NUMBER: 2018-145
CONCISE SUMMARY: This rule limits the number of lobster traps on a trawl to a maximum of five within the waters of Zone B from the six-mile line to the 25675 line. The rule becomes effective on October 1, 2018, to allow fishermen to modify their gear in compliance with the rule. The rule change was initiated by the Zone B Council, in accordance with 12 MRS §6447. A referendum of Zone B license holders was conducted, and over 2/3rds of those voting in the referendum supported the proposed rule change. Following review of the referendum results, the Zone B Council voted unanimously to recommend to the Commissioner to advance the proposal to rulemaking. The Commissioner reviewed the proposal and input received through the rulemaking process in accordance with 12 MRS §6446, which provides that the Commissioner may adopt the rule if it is determined to be reasonable. While the rule is reasonable, there remains a lack of consensus amongst both Zone B fishermen, as well as fishermen from other Zones who also fish the area. Therefore, a sunset of December 31, 2019 has been added to the regulation. The Department will facilitate conversations between all fishermen fishing in this area prior to the sunset to determine if the rule should be further modified based on any compromise achieved, or continued in its current form beyond the date of the sunset.
EFFECTIVE DATE: October 1, 2018
AGENCY CONTACT PERSON: Amanda Ellis, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6573. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). Email: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@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 .