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August 22, 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: 06-096 – Department of Environmental Protection (DEP)
CHAPTER NUMBERS AND TITLES:
Ch. 100, Definitions Regulation
Ch. 113, Growth Offset Regulation
PROPOSED RULE NUMBERS: 2018-P145, P146 (2nd publication, additional changes)
BRIEF SUMMARY: The Department is proposing to amend its Ch. 100, Definitions Regulation, and Ch. 113, Growth Offset Regulation, to provide greater clarity and flexibility to the emission offsets generation and use processes for Maine businesses and those businesses which may locate in Maine. These amendments will be submitted to the U.S. Environmental Protection Agency for approval in Maine's State Implementation Plan.
On June 20, 2018, the Department posted these proposals to a 30-day public comment period with an opportunity to request a public hearing; the comment period closed on July 23, 2018. After reviewing public comments, the Department has revised its proposals and is now providing an opportunity for additional public comment pursuant to 5 MRS §8052(5)(B) on additional changes to the proposals that may be substantial. These changes include:
* The following definitions in Ch. 100 have been revised to align with the current federal rules: “Regulated Pollutant,” “Part 70 major source or major stationary source,” “Significant Emissions,” and “Significant Emissions Increase.”
* The Applicability section of Ch. 113 has been revised for clarity and to align both with Ch. 100 and federal requirements.
Please note that the Department is not accepting additional comments on other portions of the proposals at this time.
Copies of these rules are available upon request by contacting the Agency contact person or on the DEP website at http://www.maine.gov/dep/rules/. Pursuant to Maine law, interested parties are publicly notified of the proposed rulemaking and are provided an opportunity for comment. Written comments may be submitted by mail, e-mail or fax to the contact person 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: The Department has scheduled this proposal to an additional 30-day public comment period. A public hearing will be held if requested before the end of the comment period.
COMMENT DEADLINE: September 24, 2018 - 5:00 p.m.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / DEP RULEMAKING LIAISON: Jeffrey Crawford, DEP. 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7647. Fax: (207) 287-7826. Email: Jeff.S.Crawford@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact is anticipated from this proposal.
STATUTORY AUTHORITY FOR THIS RULE: 38 MRS §585-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 40 CFR Part 51 Subpart P - new source review
DEP RULES WEBSITE: http://www.maine.gov/dep/rules/ .
DEP WEBSITE: http://www.maine.gov/dep/ .
AGENCY: 02-031 – Department of Professional and Financial Regulation (PFR), Bureau of Insurance
CHAPTER NUMBER AND TITLE: Ch. 275, Medicare Supplement Insurance
PROPOSED RULE NUMBER: 2018-P179
BRIEF SUMMARY: The primary purpose of the proposed amendment is to comply with Section 401 of the federal Medicare Access and CHIP Reauthorization Act of 2015 (MACRA). This act prohibits the sale of Medicare supplement insurance policies that cover Part B deductibles on or after January 1, 2020. Other changes proposed include updating a reference to the adjusted average age of Medicare supplement covered lives for all issuers in the Maine market based on rate filings, repeal of references to obsolete paper rate filing procedures, a clarification that for purposes of the rule “employee welfare benefit plan” includes COBRA and mini-COBRA coverage and a clarification that Medicare counts as creditable coverage only during a person’s 6-month open enrollment period.
PUBLIC HEARING: none
COMMENT DEADLINE: 4:30 p.m., September 24, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Susan Tardiff, Bureau of Insurance, 34 State House Station, Augusta, ME 04333-0034. Telephone: (207) 624-8421. Email: Susan.P.Tardiff@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: None.
STATUTORY AUTHORITY FOR THIS RULE: 24 MRS. §2317-B; 24-A MRS §§ 212, 2413(1)(F), 4207(9), 5002-A, 5002-B, 5005, 5010-A, 5011; Resolve 2013 ch. 19
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Section 401 of the federal Medicare Access and CHIP Reauthorization Act of 2015
BUREAU WEBSITE: http://www.maine.gov/pfr/insurance/index.html .
BUREAU RULEMAKING LIAISON: Benjamin.Yardley@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 2018-19 Season
PROPOSED RULE NUMBER: 2018-P180
BRIEF SUMMARY: This proposed rulemaking establishes the 2018-2019 scallop fishing season. As in the 2017-2018 season, there would be 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 for draggers would begin on December 10, 2018 and the last day of the season would be March 28, 2019. For Zone 1, a 60-day season for divers would start on November 20, 2018 and the last day of the season would be April 20, 2019. For Zone 2, a 70-day season for draggers would start on December 3, 2018 and the last day of the season would be March 28, 2019. For Zone 2, a 70-day season for divers would start on December 1, 2018 and the last day of the season would be April 13, 2019. For Zone 3, a 50-day season for draggers would begin on December 3, 2018 and the last day of the season would be March 27, 2019. For Zone 3, a 50-day season for divers would begin on December 1, 2018 and the last day of the season would be March 28, 2019.
In Zone 1, Casco Bay, Sheepscot River, Damariscotta River, Muscle Ridge, and W. Penobscot Bay Areas, as well as Whiting/Dennys Bays in Zone 3 are proposed as Limited Access Areas with reduced harvesting days. In Zone 2, territorial waters surrounding Machias Seal Island and North Rock would be open to harvest all days during January 2018, in addition to open Zone 2 calendar days throughout the season.
DMR would maintain the following targeted closures based on depletion, high concentrations of seed/sublegal scallops and/or the presence of spat-producing scallops: Lower Muscle Ridge, Eastern Casco Bay, Upper Sheepscot River, New Meadows River, Card Cove and Beals-Jonesport Bridge.
DMR proposes to remove the sunset provision rule that caps the vessel limit of dive harvested scallops to 30 gallons when two or more licensed scallop divers are utilizing the same platform.
This rule proposes to remove the specific drag size gear restrictions in the Kittery area (currently 5’6”), Swan’s Island Conservation area (currently 8’6”), and Gouldsboro Bay (currently 4’6”). If amended, harvesters would be able to utilize any drag size, provided it does not exceed the State maximum of 10’ 6.”
PUBLIC HEARINGS:
Augusta: September 10, 2018, 6:00 p.m., DMR – Augusta, Rm 118, 32 Blossom Lane
Machias: September 11, 2018, 6:00 p.m., University of Maine at Machias, Rm 102, 116 O’Brien Avenue
Ellsworth: September 12, 2018, 6:00 p.m., Ellsworth City Hall Auditorium, One City Hall Plaza
Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: September 24, 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: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 6171, 6722
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
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. 37, Freshwater Fish Regulations
PROPOSED RULE NUMBER: 2018-P181
BRIEF SUMMARY: This proposed rule would make it unlawful to take or possess brown trout which are greater than 25 inches in total length, from the coastal waters of the State of Maine. The proposal mirrors the 25” maximum for brown trout as established by the Maine Department of Inland Fisheries and Wildlife. The intent of the proposed rule is to provide brown trout fishermen with a consistent maximum size across waterbodies.
PUBLIC HEARING: September 10, 2018 - 1:00 p.m., DMR Offices, 32 Blossom Lane, Augusta: Conference Room 118
COMMENT DEADLINE: September 21, 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: Amanda.Ellis@Maine.gov .
DMR RULEMAKING 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 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. 110, Marine Harvesting Demonstration License
PROPOSED RULE NUMBER: 2018-P182
BRIEF SUMMARY: Pursuant to 12 MRS §6810-A(7-A) Marine Harvesting Demonstration License holders are exempt from prohibitions on raising and hauling lobster traps during closed periods as specified in 12 MRS §6440 subsection 2. This proposed change removes language from the existing regulation, which did not recognize the exemption provided for in statute. This is a minor technical change intended to provide consistency between relevant statutory provisions and the regulation.
PUBLIC HEARING: September 10, 2018 - 1:30 p.m., DMR Offices, 32 Blossom Lane, Augusta: Conference Room 118
COMMENT DEADLINE: September 21, 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: Amanda.Ellis@Maine.gov .
DMR RULEMAKING EMAIL: dmr.rulemaking@maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§6810-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/ .
DMR WEBSITE: http://www.maine.gov/dmr/ .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 02-313 - Maine Board of Dental Practice (Affiliated with the Department of Professional and Financial Regulation - PFR)
CHAPTER NUMBER AND TITLE: Ch. 13, Continuing Education
PROPOSED RULE NUMBER: 2018-P183
BRIEF SUMMARY: This effort is a complete repeal and replace of the existing Board rule and proposes changes as follows:
* Eliminates categories of continuing education activities.
* Identifies required areas of study as a condition for dentists to prescribe opioids.
* Identifies required areas of study as a condition for dentists to hold a sedation permit.
* Clarifies requests for “Inactive Status” and requirements to return to active practice.
* Clarifies eligible continuing education activities such as online courses and webinars.
* Increases the number of hours required for renewal of denturist licensure from 20 to 30 biennially.
* Requires faculty licensees to complete continuing education as a condition to renew.
* Clarifies the continuing education audit process.
* Clarifies the documentation requirements.
PUBLIC HEARING: September 14, 2018 at 1:00 p.m., Maine Board of Dental Practice - Conference Room, 161 Capitol Street, Augusta, ME
COMMENT DEADLINE: September 28, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT STATEMENT / BOARD RULEMAKING LIAISON: Penny Vaillancourt, Executive Director, 143 State House Station, Augusta, ME 04333. Fax: (207) 287-8140. TTY 711. Telephone: (207) 287-3333. Email: Penny.Vaillancourt@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: N/A
STATUTORY AUTHORITY FOR THIS RULE: 32 MRS §§ 18308(4), 18324, 18350, 18351
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
BOARD WEBSITE: http://www.maine.gov/dental/ .
PFR WEBSITE: http://www.maine.gov/pfr/index.shtml .
ADOPTIONS
AGENCY: 12-170 - Department of Labor (DOL), Bureau of Labor Standards (BLS)
CHAPTER NUMBER AND TITLE: Ch. 11, Rules Governing Hazardous Occupations for Minors Under the Age of Eighteen in Non-Agricultural Employment
ADOPTED RULE NUMBER: 2018-147
CONCISE SUMMARY Modification of Ch. 11 is sought to align state rules governing hazardous occupations for minors under the age of eighteen-with federal standards. Specific changes include easing state restrictions that will allow 17 year olds to drive for work related businesses under specific circumstances and conditions, allowing 16-year olds to be working alone in a cash based business and they will be allowed to perform soldering and welding duties in accordance with-federal standards. We've expanded cooking occupations for minors that are between 14 and 15-years of age to include venues allowed by federal standards.
A new restriction is being added in accordance with 26 MRS §772(2) which prohibits all-minors under the age of 18 from working in any occupation in a registered marijuana dispensary, any establishment that cultivates, produces, or sells marijuana or products that contain marijuana, and any recreational marijuana social clubs.
EFFECTIVE DATE: August 19, 2018
DOL CONTACT PERSON/ RULEMAKING LIAISON: Laura Hudson, Director of Communications, Policy & Legislative Affairs, Department of Labor, Bureau of Labor Standards, 54 State House Station, Augusta, ME 04333-0054. Telephone: (207) 621-5009. Email: Laura.J.Hudson@Maine.gov .
BLS WEBSITE: http://www.maine.gov/labor/bls/
AGENCY: 05-071 – Department of Education (DOE)
CHAPTER NUMBER AND TITLE: Ch. 13, Qualifying Examinations for Teachers, Educational Specialists, and Administrators
ADOPTED RULE NUMBER: 2018-148
CONCISE SUMMARY: Update the passing scores on the Praxis exams and revise the text of the rule to align with the revisions made to Ch. 115, Part I
EFFECTIVE DATE: August 20, 2018
DOE CONTACT PERSON / RULEMAKING LIAISON: Jaci Holmes, Maine Department of Education, 23 State House Station, Augusta, Maine 04333. Telephone: (207) 624-6669. Email: Jaci.Holmes@Maine.gov .
DOE WEBSITE: http://www.maine.gov/doe/ .
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 415, Reasonable Costs for Handling, Transportation, and Recycling of Electronic Wastes
ADOPTED RULE NUMBER: 2018-149
CONCISE SUMMARY: The changes to Ch. 415 are in response to changes in statute resulting from the enactment of LD 1847 as PL 2018 ch. 391. Changes include the addition of 3D printers as covered devices; changes to the method for calculating payment for the recycling of monitors and printers so that the cost of recycling is paid according to market share; and moving the due date for annual manufacturer registrations to April 1. Other changes include incidental corrections to punctuation and grammar. No significant changes to Department operations relating to the program are anticipated.
EFFECTIVE DATE: August 20, 2018
CONTACT PERSON FOR THIS FILING: Elena Bertocci, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333-0017. Telephone: (207) 287-8556. Email: Elena.Bertocci@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .
AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 166, Industrial Cleaning Solvents
ADOPTED RULE NUMBER: 2018-150
CONCISE SUMMARY: The Department has adopted a new rule to address volatile organic compound (VOC) emissions from industrial cleaning solvents through the use of low-VOC solvents and work practices. This rule was adopted pursuant to Section 184 of the Clean Air Act which requires states to implement or update reasonably available control technology “RACT” controls on all major VOC and NOx emission sources and on source categories covered by a Control Technique Guideline “CTG” document. EPA defines RACT as the lowest emission limit that a source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. In 2006 EPA published a CTG recommending VOC controls for industrial cleaning solvents; the Department has incorporated these recommendations in this rule.
EFFECTIVE DATE: August 22, 2018
AGENCY CONTACT PERSON: Tom Graham, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333. Telephone: (207) 287-7598. Email: Tom.Graham@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .
DEP RULEMAKING LIAISON: Jeff.S.Crawford@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 7, Requirements for Municipalities Having Shellfish Conservation Programs
ADOPTED RULE NUMBER: 2018-151
CONCISE SUMMARY: This rule-making clarifies the existing requirements for municipalities having shellfish conservation programs by reorganizing sections to be more understandable and improving the wording of the regulation throughout the chapter. It also provides greater consistency throughout the chapter with regard to the establishment of various deadlines, using “days” throughout rather than “business days.” Finally, it amends the components of municipal shellfish management plans to be consistent with what the law allows.
EFFECTIVE DATE: August 21, 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 RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 14, Oysters
ADOPTED RULE NUMBER: 2018-152
CONCISE SUMMARY: This rule creates a minimum size (2.5 inches) for American oysters, with a 10% tolerance. An exception is provided for aquaculturists who take or possess undersize oysters from their lease or license sites. The rule also establishes a 10% tolerance for European oysters, which already have a minimum size of 3 inches.
EFFECTIVE DATE: August 21, 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 RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms
ADOPTED RULE NUMBER: 2018-153
CONCISE SUMMARY: This rule amends Ch. 24 to make clarifying changes, including improving and creating definitions as necessary, using consistent terminology, and providing updates throughout the chapter. The rule also allows the Commissioner, in consultation with the Aquatic Animal Health Technical Committee, to issue permits to an approved quarantine facility from facilities that do not otherwise meet the regulation requirements, under certain limited circumstances. Transfer from an approved quarantine facility is permitted only if post-import testing provides satisfactory evidence of freedom from pathogens of regulatory concern for which evidence of freedom was not satisfied at the time of import. The rule allows for consideration of evidence other than direct testing of lots to provide evidence of disease freedom from Ceratomyxosis, Whirling disease, and PKD if importation is only in the form of embryos that have been iodine disinfected before and immediately after import, prior to the time of introduction to the waters of the receiving facility.
EFFECTIVE DATE: August 21, 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 RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: Lobster Tail Weights (25.70, Legal Lobster Tail)
ADOPTED RULE NUMBER: 2018-154
CONCISE SUMMARY: This rulemaking provides minimum (2.7 oz.) and maximum (14 oz.) weights for legal lobster tails in the shell for sale in Maine. Previously, the only measurement provided was the legal length of tail meat that had been removed from the shell. Providing a weight for tails in the shell ensures that all retail and wholesale establishments are buying and selling only tails that are from lobsters that are of legal size in Maine.
EFFECTIVE DATE: August 21, 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 RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchin Regulations (and 2018-2019 Harvesting Season)
ADOPTED RULE NUMBER: 2018-155
CONCISE SUMMARY: This regulation establishes 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 established 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 established 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 established 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 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.
EFFECTIVE DATE: August 21, 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 RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: 34.07, Atlantic Halibut (Hippoglossus hippoglossus)
ADOPTED RULE NUMBER: 2018-156
CONCISE 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, this rule reduces 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 adopted concurrently.
EFFECTIVE DATE: August 21, 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 RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 40, Smelt Regulations
ADOPTED RULE NUMBER: 2018-157
CONCISE SUMMARY: This rulemaking amends the smelt regulations for Zone One (1), which is the area from the New Hampshire border to Owl’s Head Light. The rule allows individuals to fish for smelt by hook and line between October 1 and December 31, or by hook and line through the ice when ice is present. Prior to this rule change, the taking of smelt in Zone One (1) was allowed only by hook and line through the ice. The existing four quart limit applies.
EFFECTIVE DATE: August 21, 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 RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBERS AND TITLES:
Ch. 94 (New), Sanitary Control of Molluscan Shellfish
Ch. 15 (Repeal), General Shellfish Sanitation Requirements
Ch. 16 (Repeal), Uniform Physical Plant Equipment and Operation
Ch. 17 (Repeal), Shucker-Packer
Ch. 18 (Repeal), Shellstock Shipping
Ch. 19 (Repeal), Reshipping
Ch. 20 (Repeal), Depuration
Ch. 21 (Repeal), Shellfish Relay
Ch. 23 (Repeal), Standards for Closure of Contaminated or Polluted Flats
ADOPTED RULE NUMBER: 2018-158 thru 166
CONCISE SUMMARY: This rulemaking repeals certain existing chapters of regulation pertaining to the sanitary control of molluscan shellfish (15, 16, 17, 18, 19, 20, 21, and 23) and replaces them with a single chapter (94) that adopts the National Shellfish Sanitation Program Model Ordinance (NSSP MO) by reference. Existing Department requirements for the retail trade and various permits that are not currently included in the NSSP MO, have been incorporated in this new chapter. Some of these existing requirements have been modified to provide technical clarity.
EFFECTIVE DATE: August 21, 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 RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .
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