September 5, 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: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices, Order #10-18
PROPOSED RULE NUMBER: 2018-P189
BRIEF SUMMARY: The principal reason for this rule is the need to respond to Federal Order changes and to certain other conditions affecting prevailing Class I, II and III milk prices in Southern New England in accordance with 7 MRS §2954
PUBLIC HEARING: September 20, 2018, Thursday, starting at 10:30 a.m., Room 118, Department of Agriculture, Conservation & Forestry, Marquardt Building, Hospital Street, Augusta, Maine
COMMENT DEADLINE: September 20, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None
STATUTORY AUTHORITY FOR THIS RULE: 5 MRS §8054, 7 MRS §2954
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 02-380 - Maine State Board of Nursing (Affiliated with the Department of Professional and Financial Regulation – PFR)
RULE TITLE OR SUBJECT: Ch. 5, Regulations Relating to Training Programs and Delegation by Registered Professional Nurses of Selected Nursing Tasks to Certified Nursing Assistants
PROPOSED RULE NUMBER: 2018-P190
CONCISE SUMMARY: The amendment provides certified nursing assistants trained in another jurisdiction a mechanism to be placed on the Maine CNA Registry and eliminates the bridging process for this purpose.
PUBLIC HEARING: N/A
DEADLINE FOR COMMENTS: October 5, 2018
AGENCY CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / BOARD RULEMAKING LIAISON: Virginia deLorimier, Maine State Board of Nursing, 158 State House Station, Augusta, ME 04333-0158. Telephone: (207) 287-1147. Email: Virginia.E.deLorimier@Maine.gov .
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRS §2153-A(1)
BOARD WEBSITE: http://www.maine.gov/boardofnursing/

ADOPTIONS

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices. Order #09-18
ADOPTED RULE NUMBER: 2018-176 (Emergency)
CONCISE SUMMARY: Minimum September 2018 Class I price is $18.10/cwt. plus $1.63/cwt. for Producer Margins, an over-order premium of $1.04/cwt. as being prevailing in Southern New England and $2.79/cwt. handling fee for a total of $23.76/cwt. that includes a $0.20/cwt. Federal promotion fee.
EFFECTIVE DATE: September 2, 2018
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / MMC RULEMAKING LIAISON: Tim Drake, Maine Milk Commission, 28 State House Station, Augusta, ME 04333. Telephone: (207) 287-7521. Email: Tim.Drake@Maine.gov .
MMC WEBSITE: http://www.maine.gov/dacf/milkcommission/index.shtml .
DACF WEBSITE: http://www.maine.gov/dacf/ .
DACF RULEMAKING LIAISON: Mari.Wells@Maine.gov .

AGENCY: 01-001 - Department of Agriculture Conservation and Forestry (DACF)
CHAPTER NUMBER AND TITLE: Ch. 252, Rules Governing Certification of Seed Potatoes in the State of Maine
ADOPTED RULE NUMBER: 2018-177
CONCISE SUMMARY: The principal reasons for amending this rule are to allow for full laboratory testing of post-harvest samples as an alternative to the winter grow out in Florida as this will reduce cost to the Department and provide a better more consistent virus testing result for the growers. The second change to rule will be to amend the elimination of blackleg lots which are over tolerance for the generation, it is proposed that any lot exceeding the blackleg tolerance for that generation will be downgraded to the next generation in which it meets that blackleg tolerance. This is proposed to better maintain seed markets and stabilize supply.
EFFECTIVE DATE: September 2, 2018
DACF CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION / DACF FULEMAKING LIAISON: Mari Wells-Eagar, Department of Agriculture Conservation and Forestry, 22 State House Station, Augusta, ME 04333-0022. Telephone: (207) 287-4909. Email: Mari.Wells@Maine.gov .
DACF WEBSITE: http://www.maine.gov/dacf/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.03(A-5.) and (C.l.) - Deer Hunting Seasons; 4.04(A.2) - Bear Hunting Season (youth day); 4.06 (l.E.) - Wild Turkey Spring Season (youth day)
ADOPTED RULE NUMBER: 2018-178
CONCISE SUMMARY: In accordance with 12 MRS §11152, the Commissioner of Inland Fisheries and Wildlife has adopted antlerless deer permit numbers for the 2018 regular deer hunting season and special muzzle-loading season by setting specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 25 permits
WMD 3 - 50 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 100 permits
WMD 7 - 400 permits
WMD 8 - 375 permits
WMD 9 - 50 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 400 permits
WMD 13 - 475 permits
WMD 14 - 200 permits
WMD 15 - 4,200 permits
WMD 16 - 6,500 permits
WMD 17 - 10,000 permits
WMD 18 - 150 permits
WMD 19 - 0 permits
WMD 20 - 9,550 permits
WMD 21 - 10,500 permits
WMD 22 - 11,000 permits
WMD 23 - 12,375 permits
WMD 24 - 8,750 permits
WMD 25 - 7,850 permits
WMD 26 - 270 permits
WMD 27 - 25 permits
WMD 28 - 0 permits
WMD 29 - 1,500 permits
TOTAL - 84,745
An amendment to language regarding youth hunting days has also been adopted to clarify that adult supervisors may carry a handgun pursuant to 25 MRS §2001-A, but not for the purpose of hunting. A complete copy of these rules can be obtained from the rulemaking contact person listed below.
EFFECTIVE DATE: September 2, 2018
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.04, Bear Hunting/Trapping Season, (B) Bear Trapping
ADOPTED RULE NUMBER: 2018-179 (Emergency)
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has adopted an emergency rule limiting some of the bear trap types and bear trapping methods that may accidentally capture the federally threatened Canada Lynx in Maine. More specifically, the rule will prohibit placing bait and/or lure below ground level or within the loop of the trap cable, and will prohibit cable traps that are designed to capture a bear when it reaches into the device to obtain bait or lure. The Department will use the emergency rule to prevent lethal take of lynx during the 2018 bear trapping season and the rule will remain in effect for 90 days. The Department will develop a permanent rule proposal to be put in place before the 2019 bear trapping season that will address the issue long term. This emergency rule has been adopted to comply with the Incidental Take Permit issued by the U.S. Fish and Wildlife Service for Maine’s Trapping Program. For a complete copy of the emergency rule please contact the agency rulemaking contact person below.
EFFECTIVE DATE: August 29, 2018
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting (H. Special Falconry Season); 4.05, Moose Hunting (K. Open and Closed Season)
ADOPTED RULE NUMBER: 2018-180
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended Ch. 4 rules to remove geese from the special falconry season for migratory game birds to comply with Federal guidelines, and has also amended the rule that provides for a controlled moose hunt during a specified period in designated areas in Aroostook County. The Commissioner has increased 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.
EFFECTIVE DATE: September 3, 2018
IFW CONTACT PERSON / RULEMAKING LIAISON: Becky Orff, Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. Email: Becky.Orff@Maine.gov .
IFW WEBSITE: https://www.maine.gov/ifw/ .