January 16, 2019

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: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits (Hancock County)
PROPOSED RULE NUMBER: 2019-P005
BRIEF SUMMARY: In October 2018, a new trawl limit area was established at the request of the Zone B Council. DMR was aware that there was potential to refine the area described by the new trawl limit to better meet the needs of Zone B and Zone C fishermen fishing there. The Department held meetings with fishermen from Zone B and Zone C to determine what changes to the area were advisable. At their January 2019 meeting, the Zone B Council supported the Department’s proposal to amend this area in accordance with the changes proposed through the meetings that were held. The proposed rule also eliminates the sunset on the original area.
PUBLIC HEARING: February 4, 2019 - 5:00 p.m., Ellsworth High School (Snow date February 5, 2019 - 5:00 p.m., Ellsworth High School). Hearing facilities: If you require accommodations due to disability, please contact Meredith Mendelson at (207) 624-6553.
COMMENT DEADLINE: February 15, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, DMR, 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-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 .

ADOPTIONS

AGENCY: 94-335 - Wells National Estuarine Research Reserve Management Authority
CHAPTER NUMBER AND TITLE: Ch. 1, Rules for Public Use of Wells Reserve
ADOPTED RULE NUMBER: 2019-004
CONCISE SUMMARY: The Wells Reserve needed to clarify language relating to the places where the public can access the Reserve property and pay entry fees, add a prohibited activity that will ensure visitor safety and privacy and maintain property use in keeping with the Reserve’s purpose, and more specificity about the one location on our property where smoking is permitted.
EFFECTIVE DATE: January 19, 2019
AGENCY CONTACT PERSON: Paul M. Dest, Executive Director, Wells National Estuarine Research Reserve Management Authority, 342 Laudholm Farm Road, Wells, ME 04090. Telephone: (207) 646-1555 extension 124. Email: dest@wellsnerr.org .
AUTHORITY WEBSITE: https://www.wellsreserve.org/ .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.08, Targeted Closures: (9) West Vinalhaven
ADOPTED RULE NUMBER: 2019-005 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to implement conservation closure west of Vinalhaven within Lower Penobscot Bay Rotational Area to protect Maine’s scallop resources from the risk of unusual damage and imminent depletion. The Department is concerned that continued harvesting for the duration of the 2018-19 fishing season in this small area will greatly reduce the abundance of the remaining broodstock as well as seed scallop resource that is essential to the ongoing recruitment, regrowth and recovery of the scallop resource. An immediate conservation closure is necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in the inside islands west of Vinalhaven within the Lower Penobscot Bay Rotational Area.
For these reasons, the Commissioner hereby adopts an emergency closure of Maine’s scallop fishery in these areas as authorized by 12 MRS §6171(3)(A).
EFFECTIVE DATE: January 6, 2019
DMR CONTACT PERSON: Melissa Smith ((207) 624-6558), Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Fax: (207) 624-6024. TTY: (888) 577-6690 (Deaf/Hard of Hearing). Email: 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: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE:
Ch. 100, Definitions Regulation
Ch. 113, Growth Offset Regulation
ADOPTED RULE NUMBER(s): 2019-006, 007
CONCISE SUMMARY: The Department has amended 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 include: (1) new provisions that would authorize the Department to allow the use of offset reductions, originating from formerly licensed sources which have surrendered or terminated their licenses, to offset emissions from major new sources or for meeting state or federal air quality requirements; (2) clarification of what happens when offset credits are used in a licensing action for a project that is never constructed; (3) clarifying that offsets must be surplus, permanent, quantifiable, and federally enforceable reductions in emissions as certified by the Department; (4) establishing a process for a third party to certify in-state emission reductions that have not been previously certified by the Department; and (5) reducing the offset ratio for emission reduction credits obtained outside of New England from 2.0 to 1-to-1.15 to 1, thereby aligning Maine’s rule with federal requirements.
EFFECTIVE DATE: January 14, 2019
DEP CONTACT PERSON / RULEMAKING LIAISON: Jeff Crawford, Department of Environmental Protection, 17 State House Station 17, Augusta, ME 04333-0017. Telephone: (207) 287-7647. Email: Jeff.S.Crawford@Maine.gov .
DEP WEBSITE: http://www.maine.gov/dep/ .

AGENCY: 01-015 – Department of Agriculture, Conservation and Forestry (DACF), Maine Milk Commission (MMC)
CHAPTER NUMBER AND TITLE: Ch. 29, Dealer Margins
ADOPTED RULE NUMBER: 2019-008
CONCISE SUMMARY: The principal reason for this rulemaking is to up-date dealer margins. The margins adopted in this rule reflect the current cost of processing milk in Maine and will be used by the Maine Milk Commission in their monthly milk price setting meetings.
EFFECTIVE DATE: January 15, 2019
MMC CONTACT PERSON: Tim Drake, Maine Milk Commission - Agriculture, 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 RULEMAKING LIAISON: Mari.Wells@Maine.gov .