November 20, 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: no proposals this week


ADOPTIONS

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBERS AND TITLES:
Ch. 8, Landings Program;
Ch. 36, Herring;
Ch. 41, Menhaden
ADOPTED RULE NUMBERS: 2019-195, 196, 197
CONCISE SUMMARY: This filing updates reporting requirements for lobster license holders to replace “distance from shore” with a 10-minute square, and also require the reporting of the number of endlines fished. It replaces references to the IVR herring permit in Ch. 8 and 36 with a herring permit. Finally, it requires individuals intending to participate in the menhaden fishery to obtain a menhaden permit on their commercial pelagic and anadromous license, to facilitate proper reporting in that fishery as required in Ch. 41.
CHAPTER NUMBER AND TITLE: Ch. 10, Clams and Quahogs;10.05, Taking of Quahogs in the Sub-Tidal Waters of New Meadows Lakes, Brunswick and West Bath
ADOPTED RULE NUMBER: 2019-198
CONCISE SUMMARY: This rule maintains the winter closed period for the harvest of quahogs from the New Meadows Lakes, which ended on April 1, 2019. The sunset provision has been removed from the regulation, so that the winter closed period remains in effect. Maintaining the winter closed period is intended to reduce fishing pressure on the quahog resource and to minimize mortality associated with winter fishing.
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 2019-2020 Season
ADOPTED RULE NUMBER: 2019-199
CONCISE SUMMARY: This rule-making establishes the 2019-2020 scallop fishing season. Daily possession limits of 15 gallons for Zone 1 and Zone 2, and 10 gallons for Zone 3 remain unchanged. For Zone 1, a 60-day season for draggers begins on December 9, 2019 and the last day of the season is March 26, 2020. For Zone 1, a 60-day season for divers starts on November 14, 2019 and the last day of the season is April 30, 2020. For Zone 2, a 70-day season for draggers starts on December 2, 2019 and the last day of the season is March 31, 2020. For Zone 2, a 70-day season for divers starts on November 18, 2019 and the last day of the season is April 18, 2020. For Zone 3, a 50-day season for draggers begins on December 2, 2019 and the last day of the season is March 25, 2020. For Zone 3, a 50-day season for divers begins on December 5, 2019 and the last day of the season is March 28, 2020.
In Zone 1, Casco Bay, Sheepscot River, Muscle Ridge, and W. Penobscot Bay Areas, as well as Whiting/Dennys Bays in Zone 3 are Limited Access Areas with reduced harvesting days. In Zone 2, territorial waters surrounding Machias Seal Island and North Rock is open to harvest all days during December 2019 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.
This rule removes the drag size gear restriction in the Blue Hill Bay area (currently 8’6”) allowing harvesters to utilize any drag size, provided it does not exceed the State maximum of 10’ 6”. Additionally, this rule amends the boundary for the Cutler Shore Rotational Area by moving the western boundary eastward to Western Head and extending south to the three nautical mile junction.
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations
ADOPTED RULE NUMBER: 2019-200
CONCISE SUMMARY: In order to be consistent with the National Marine Fisheries Service (NMFS) federal regulations, the Department implemented this rule change for charter, party and recreational fishing vessels operating in state waters targeting cod. For the recreational fishery, this rule eliminates the April 15 to April 30 opening for cod adopted earlier this year. The April opening was originally proposed in federal rulemaking but was not ultimately adopted.
CHAPTER NUMBER AND TITLE: Ch. 75, Protected Resources
ADOPTED RULE NUMBER: 2019-201
CONCISE SUMMARY: There is an existing regulatory requirement for persons fishing lobster gear and trap/pot gear to mark their buoy lines with specific red marks in the sliver area and in federal waters. This regulation removes the requirement for the red marks and instead requires persons fishing lobster gear and trap/pot gear in all Maine coastal waters to mark their buoy line with purple marks. Inside the Exemption Area, fishermen are required to have three purple marks: a 36-inch mark in the top two fathom of their endline, and a 12-inch mark in the middle and at the bottom of their endline. Outside the Exemption Area, fishermen are required to have 4 purple marks: a 36-inch mark in the top two fathom of endline, and 3 12-inch marks at the top, middle, and bottom of their endline. Finally, all lobster gear and trap/pot gear fished outside the Exemption Area is required to have an additional green mark of a minimum of 6-inches in the top two fathom of buoy line. Lobster gear fished inside the Exemption Area is prohibited from having a green mark. The new marking requirements are required to be in place by September 1, 2020.
CHAPTER NUMBER AND TITLE: Ch. 94, Sanitary Control of Molluscan Shellfish
ADOPTED RULE NUMBER: 2019-202
CONCISE SUMMARY: This rule amends Ch. 94 to specify the current version of the National Shellfish Sanitation Program Model Ordinance (Model Ordinance). The previous version of the rule specified the 2015 Model Ordinance, whereas this rule specifies the 2017 Model Ordinance, which is the most current version.
EFFECTIVE DATE: November 13, 2019
DMR 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 :dmr.rulemaking@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: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 880, Attachments to Joint-Use Utility Poles; Determination and Allocation of Costs; Procedure
ADOPTED RULE NUMBER: 2019-203
CONCISE SUMMARY: The Public Utilities Commission adopts amendments to Ch. 880 of the Commission's rules regarding attachments to joint use utility poles. The Commission amends the portions of Ch. 880 that concern rate formulae and allocation of costs. The Commission also amends other portions of Ch. 880 for purposes of clarifying previous changes to the Rule, and other, non-substantive editorial amendments.
EFFECTIVE DATE: November 23, 2019
MPUC CONTACT PERSON / RULEMAKING LIAISON: Jamie Waterbury, Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1360. Email: Jamie.A.Waterbury@Maine.gov.
MPUC WEBSITE: http://www.maine.gov/mpuc/.