May 15, 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: 17-229 - Department of Transportation (DOT)
CHAPTER NUMBER AND TITLE: Ch. 602, Rules Relating to Maine State Ferry Service Tolls
PROPOSED RULE NUMBER: 2019-P049 (comment deadline extended)
BRIEF SUMMARY: To establish tolls for the Maine State Ferry Service lines (the "MSFS").
COMMENT DEADLINE: Comment deadline is extended from May 10, 2019 to June 10, 2019.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Jim Billings, Maine DOT, 16 State House Station, Augusta, Maine 04330. Telephone: (207) 624-3029. Email: James.Billings@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: minimal
STATUTORY AUTHORITY FOR THIS RULE: 23 MRS §§ 52, 4404; Resolves 2015 ch. 86
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED: N/A
DOT RULEMAKING WEBSITE: https://www.maine.gov/mdot/rulemaking/ .
DOT WEBSITE: https://www.maine.gov/mdot/ .
DOT RULEMAKING LIAISON: Toni.Kemmerle@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Rules
PROPOSED RULE NUMBER: 2019-P072
BRIEF SUMMARY: In accordance with Title 12 MRS §13068-A (10), the Department of Inland Fisheries and Wildlife is proposing rules to develop motorboat testing procedures to determine if operation is occurring at decibel levels higher than 90 decibels when subjected to a stationary test, or 75 decibels when subjected to an operational test. These rules are based on the national standard, SAE J 2005, that provide specific guidelines for testing of marine engines.
A complete copy of the proposed rule is available by contacting the rulemaking contact person listed below.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: June 14, 2019
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, 13051, 13068-A
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED:
IFW WEBSITE: www.maine.gov/ifw .

ADOPTIONS

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.11, Migratory Game Bird Hunting
ADOPTED RULE NUMBER: 2019-073
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules to set season dates and bag limits for the hunting of ducks, geese and other migratory game birds. The rule will protect migratory game birds from over-harvest by setting these limitations. Based on population trends, there is a proposed reduction in the daily bag limit for mallards from 4 per day to 2 per day with a 1 hen restriction and a reduction in the daily bag limit for Northern pintails from 2 per day to 1 per day. The Coastal Zone regular goose season is proposed to be increased by 10 days for a 70-day season, while North and South Zone regular goose season will remain at 60 days. Brant season dates have been modified to reflect survey results and recommendations from USFWS. Please contact the agency rulemaking contact person for a complete copy of the rule.
EFFECTIVE DATE: May 12, 2019
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. 17, Bear Trapping
ADOPTED RULE NUMBER: 2019-074
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has amended bear trapping rules that were identified in the Department’s Big Game Management Plan, to limit bear traps and bear trapping methods that may accidentally capture the federally threatened Canada Lynx. This rule is necessary to comply with Incidental Take Permit Number TE48539B-0 issued by the United States Fish and Wildlife Service. A complete copy of the rule is available by contacting the rulemaking contact person listed below.
EFFECTIVE DATE: May 12, 2019
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: 15-213 - Maine Department of Defense, Veterans and Emergency Management (DVEM), Military Bureau
CHAPTER NUMBER AND TITLE: Ch. 2 (New), Registration of Private Educational Institutions to Participate in the Maine National Guard Education Assistance Program
ADOPTED RULE NUMBER: 2019-075
CONCISE SUMMARY: This rule establishes the process to govern the registration by the Military Bureau of private, non-profit, post-secondary education institutions to participate in the tuition benefit program for eligible members of the Maine National Guard, as established and recently amended pursuant to Title 37-B MRS §§ 352, 352-A, 353-B and 357. The program was previously available only for attendance at public post-secondary institutions in Maine.
EFFECTIVE DATE: May 13, 2019
DVEM CONTACT PERSON / RULEMAKING LIAISON: Scott A. Young, Department of Defense, Veterans & Emergency Management, 33 State House Station, Augusta, Maine 04333. Telephone: (207) 430-5997. Fax: (207) 626-4509. TTY: (711) Maine Relay. Email: Scott.A.Young@Maine.gov .
DVEM WEBSITE: https://www.maine.gov/dvem/ .