February 27, 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: 19-100 - Department of Economic and Community Development (DECD)
CHAPTER NUMBER AND TITLE: Ch. 100, Pine Tree Development Zone Program
PROPOSED RULE NUMBER: 2019-P026
BRIEF SUMMARY: The Pine Tree Development Zone Program was established by the Legislature in 2003 and has been amended in 2005, 2009 and in 2018. The most recent amendment extended the program an additional three years and also made significant changes to the administrative and certification processes of the program. The Department of Economic and Community Development administers the program. This rule establishes criteria to determine eligibility for the Pine Tree Development Zone program, the process used by businesses to apply for certification and the requirements that must be met and maintained to claim benefits available to a certified business.
PUBLIC HEARING: none
COMMENT DEADLINE: March 29, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Andrea K. Smith, DECD, 59 State House Station, Augusta ME 04333-0059. Telephone: (207) 624-9813. Email: Andrea.Smith@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: 
STATUTORY AUTHORITY FOR THIS RULE: PL 2009 ch. 337
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: 30-A MRS ch. 206
DECD WEBSITE: www.maine.gov/decd .
DECD RULEMAKING LIAISON: Douglas.Ray@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 288, Parenting Education Scholarship Program
PROPOSED RULE NUMBER: 2019-P027 (Repeal)
BRIEF SUMMARY: The Department of Health and Human Services Maine CDC is proposing to repeal this rule because the program no longer in existence.
PUBLIC HEARING: No public hearing scheduled. However, if five people request one, then the Department will schedule a hearing.
COMMENT DEADLINE: March 29, 2019.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Catherine Yomoah, Maine CDC, 286 Water Street - 8th Floor - 11 State House Station, Augusta, ME 04333. Telephone: (207) 287-3208. Fax: (207) 287-9058. TTY 711 (Maine Relay); Email: Catherine.Yomoah@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 22 MRS §§ 42, 1951, 3173
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/
MAINE CDC WEBSITE: http://www.maine.gov/dhhs/mecdc/ .
MAINE CDC RULEMAKING LIAISON: Tera.Pare@Maine.gov .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2019-P028
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife is proposing a change to the general law for fishing regulations in the North Region (Franklin, Somerset, Piscataquis, Aroostook, and northern portions of Oxford and Penobscot Counties) to further protect wild trout waters, including tributaries and outlets of heritage ponds in the North Region. The change would prohibit use and possession of live fish as bait, except where designated by special rule, reducing the chance of new introductions of baitfish and other fish in the vast majority of flowing waters, dead-waters and small ponds in the North Region. The majority of waters with traditional use of live fish as bait will continue to be allowed. A new section in General Law titled “Terminal Gear” is also being proposed. The list of affected waters and amended general law may be obtained from the Agency Contact Person below or online at: http://www.maine.gov/ifw/ . Anyone unable to attend the public hearings may submit written comments on the proposal. If adopted, the proposal will become effective January 1, 2020.
PUBLIC HEARINGS:
March 18, 2019 @ 5:30 p.m. – Baxter Park Inn, 935 Central Street, Millinocket
March 20, 2019 @ 5:30 p.m. – Camden National Bank Ice Vault, 203 Whitten Road, Hallowell
COMMENT DEADLINE: April 1, 2019
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION / IFW RULEMAKING LIAISON: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Email: Becky.Orff@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated.
STATUTORY AUTHORITY FOR THIS RULE: 12 MRS §§ 10104, 12453, 12454
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. 11, Scallops: 11.08, Targeted Scallop Conservation Closures: (11) Cobscook Bay including Whiting and Denny’s Bays and St. Croix River; (12) Blue Hill Bay / Union River Rotational Area, (13) West Lower Jericho Bay; (14) Upper Damariscotta River
ADOPTED RULE NUMBER: 2019-041 (Emergency)
CONCISE SUMMARY: The Commissioner adopts this emergency rulemaking to implement conservation closures in St. Croix River, Blue Hill Bay/Union River Rotational Area, West Lower Jericho Bay and Upper Damariscotta River. The Department is concerned that continued harvesting for the duration of the 2018-19 fishing season in these areas 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. Immediate conservation closures are necessary to reduce the risk of unusual damage and imminent depletion of the scallop resource in St. Croix River, Blue Hill Bay/Union River Rotational Area, West Lower Jericho Bay and Upper Damariscotta River.
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: February 24, 2019
DMR CONTACT PERSON: Melissa Smith, Department of Marine Resources. 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6558. 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 .