August 11, 2021

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: Department of Health and Human Services (DHHS), Office of MaineCare Services (OMS) - Division of Policy
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual (MBM): Ch. II Section 97, Private Non-Medical Institution Services
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P137
CONCISE SUMMARY: The Department of Health and Human Services (the “Department”) proposes the following changes to 10-144 CMR ch. 101, MaineCare Benefits Manual, ch. II section 97, “Private Non-Medical Institution Services”.
The Department proposes this rule to align requirements with the Family First Prevention Services Act (FFPSA), which establishes standards for children in residential treatment programs in order to improve quality and oversight of services. These proposed changes are specific to Private Non-Medical Institution (PNMI) Appendix D Facilities, and are reflected in the definitions, eligibility for care, covered services and policies and procedures sections of this rule. Additionally, as directed under the FFPSA, the proposed rule includes requirements for Appendix D providers to meet Qualified Residential Treatment Programs (QRTP) standards which include obtaining and maintaining specified licensing and accreditation standards, as well as delivering trauma-informed treatment.
For compliance with the FFPSA related to improving quality and oversight of services, the Department proposes to amend Appendix D language referring to Child Care Facility Services and Models of Child Care Facilities, to be replaced with the term Children’s Residential Treatment Facilities (RTFs). The proposed rule distinguishes models of residential care that address specific treatment needs of different member populations. RTF models will include Intellectual Disabilities/Developmental Disabilities (ID/DD-RTF), Mental Health (MH-RTF), Crisis Stabilization (CS-RTF), and Child and Adolescent Therapeutic Foster Care. This rule further proposes amending language referring to “Intensive Temporary Residential Treatment Services” by replacing this with the term “Temporary High Intensity Services” and including language clarifying the covered services while also establishing the requirement for a Prior Authorization process.
The rule also proposes the use of Department-approved, age appropriate Level of Care/Service Intensity tools, which will be required as a component of eligibility determination for ID/DD, MH, and CS RTFs. The Level of Care/Service Intensity tools will replace outdated instruments, to include the Child and Adolescent Functional Assessment Scale (CAFAS), the Children’s Global Assessment Scale (C-GAS), the Global Assessment Functioning (GAF), and the Children’s Habilitation Assessment Tool (CHAT); and streamline the process by utilizing one tool that is evidence based and clinically appropriate by age, to include the Early Childhood Service Intensity Instrument (ECSII), the Child and Adolescent Level of Care/Service Intensity Utilization System (CALOCUS-CASII) and the Level of Care Utilization System for Psychiatric and Addiction Services (LOCUS).
Additionally, this rule proposes various new covered services, including Aftercare Support Services, which are designed to promote a continuation of treatment gains with the goal of supporting the child in their home and community environment, and must be provided to youth for at least six (6) months post discharge from an RTF. The Department is additionally proposing a new required position, a Family Transition Specialist (FTS), to aid in the delivery of aftercare and transition services for the youth and family.
To further align with the FFPSA to achieve improved quality and oversight of services, this proposed rule clarifies Appendix D requirements for disclosure and informed consent, RTF assessment, Individual Treatment Plan, progress notes, and discharge summary as well as adding various new defined terms.
The Department additionally proposes that providers operating under Appendix D and Adolescent Residential Rehabilitation Services providers operating under Appendix B demonstrate utilization of the Federal Substance Abuse and Mental Health Services Administration’s (SAMHSA) System of Care Principles and delivery of trauma-informed care through the completion of a Trauma-Informed Agency Assessment, staff training and incorporation of these principles into program policy and procedures.
The Department also proposes specific requirements regarding background checks for providers operating under Appendix D and Adolescent Residential Rehabilitation Services providers operating under Appendix B. The Department proposes that children’s residential facility providers must follow the requirements set forth in 22 MRS §8110 and 42 USC §671(20). Behavioral Health Services providers must conduct background checks every five (5) years and fingerprinting. The proposed rule requires completed background checks for all staff and all adults providing services to a member within ninety (90) days of the effective date of this rule and that all background checks are to be completed every five (5) years thereafter.<§br> The Department further proposes, under Appendix D, the addition of Behavioral Health Professionals (BHP) and Family Transitional Specialists (FTS) as Other Qualified Residential Treatment Facility Staff as well as including Board Certified Behavior Analyst services, Registered Behavior Technician services and Board Certified Assistant Behavior Analyst services. As a requirement under 10-144 CMR ch. 128, Certified Nursing Assistant and Direct Care Worker Registry Rule, the Department is requiring confirmation that prospective BHPs are not annotated in the registry prior to qualifying as a staff member under this rule.
In addition to the above proposed changes, the Department proposes to increase access to necessary services by removing the ‘single admission’ limitation and increasing the number of allowable covered days for Halfway House and Extended Care Services under PNMI Appendix B of this rule. The Department also proposes edits to language to accurately reflect current practices as well as updates to formatting, citations, and references where necessary, including changes to address potentially stigmatizing language based on recommendations from the Maine’s opioid task force and legislation passed in 2018 to minimize stigma (PL 2017 ch. 407).
The Department shall seek CMS approval for the new covered services and provider requirements, as specifically noted in various proposed rule changes.
In addition, the Department intends to implement corresponding changes as needed in the MBM, ch. III Section 97, to ensure adequate reimbursement for providers to deliver all new covered services and meet QRTP standards and other ch. II-related updates. For example, ch. III Appendix D Sec. 2400.1 must be updated in order to ensure that rates cover the costs of Board Certified Behavior Analysts and the other new types of direct service staff. The ch. III Sec. 97 rule is major substantive, and the upcoming changes shall be filed as an emergency rule no later than Nov. 1, 2021, so that they will be effective at the same time the changes in ch. II, Sec. 97 are finally adopted.
See http://www.maine.gov/dhhs/oms/rules/index.shtml for rules and related rulemaking documents.
PUBLIC HEARING: No public hearing scheduled. The Department will be providing a 30-day comment period instead of a public hearing.
DATE FILED WITH THE SECRETARY OF STATE’S OFFICE: August 3, 2021
30-DAY DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on September 10, 2021.
OMS CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Melanie Miller, Comprehensive Health Planner II, MaineCare Services, 109 Capitol Street - 11 State House Station, Augusta, Maine 04333-0011. Telephone: (207) 624-4087. Fax: (207) 287-6106. TTY: 711 (Deaf or Hard of Hearing). Email: Melanie.Miller@Maine.gov .
IMPACT ON MUNICIPALITIES OR COUNTIES: The Department anticipates that this rulemaking will not have any impact on municipalities or counties.
STATUTORY AUTHORITY:22 MRS §§ 42, 3173; 22 MRS §8110; 42 USC §671(20); PL 2019 ch. 407; The Family First Prevention Services Act, Public Law 115-123 (as part of Division E in the Bipartisan Budget Act of 2018 (HR 1892) (eff. Feb. 9, 2018) (as amended through .L 116–260, enacted December 27, 2020)
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
OMS WEBSITE: https://www.maine.gov/dhhs/oms .
OMS RULEMAKING LIAISON: Thomas.Leet@Maine.gov .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
DHHS RULE-MAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 65-407 – Maine Public Utilities Commission (MPUC)
CHAPTER NUMBER AND TITLE: Ch. 311, Portfolio Requirement
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2021-P138
BRIEF SUMMARY: The Public Utilities Commission initiates a rulemaking proceeding to amend its Renewable Portfolio Standard (RPS) rule (Chapter 311) as required to implement recently enacted legislation related to the new thermal renewable energy RPS and reflect an additional change regarding RPS compliance.
PUBLIC HEARING: September 1, 2021 at 2:00 p.m. The Commission will conduct the hearing remotely via Microsoft Teams. Interested persons wishing to participate in the hearing by telephone may dial (207) 209-4724 and enter conference ID 822 052 466#. Interested persons wishing to participate in the hearing using video may contact the Hearing Officer by email at Paulina.Collins@Maine.gov for a link.
COMMENT DEADLINE: September 13, 2021. Written comments on the proposed rule may be filed until close of business on September 13, 2021. However, the commission requests that comments be filed by close of business on August 27, 2021 to allow for follow up inquires during the hearing. Supplemental comments may be filed after the hearing. Written comments should refer to the docket number of this proceeding, Docket No. 2021-00213, and be filed using the Commission’s case management system (CMS) which is accessible from the Commission’s website.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Paulina Collins, Maine Public Utilities Commission, 18 State House Station, Augusta, Maine 04333. Telephone: (207) 287-1566. Email: Paulina.Collins@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: No fiscal impact
STATUTORY AUTHORITY FOR THIS RULE: 35-A MRS §§ 104, 111, 1301, 3203(9), 3210, 3210-B; Public Law 2021 Chapter 199
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
MPUC WEBSITE: www.maine.gov/mpuc .
MPUC RULEMAKING LIAISON: Jamie.A.Waterbury@Maine.gov

ADOPTIONS

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Maine Center for Disease Control and Prevention (Maine CDC)
CHAPTER NUMBER AND TITLE: Ch. 262, Post-Secondary School Immunization Rule (formerly Rules and Regulations Post-Secondary School Immunizations Required) 
ADOPTED RULE NUMBER: 2021-154
CONCISE SUMMARY: The Department is adopting amendments to 10-144 CMR ch. 262, to implement changes required by PL 2019 ch. 154, An Act to Protect Maine Children and Students from Preventable Disease by Repealing Certain Exemptions from the Laws Governing Immunization Requirements (the “Act”), enacted by the 129th Maine Legislature and effective June 16, 2020. The Act prohibits the Department from including any provision governing medical exemptions in this rule. (PL 2019 ch. 154 §7.) The Act repeals the exemption from required immunization for post-secondary school students who state a sincere religious belief or philosophical reasons for opposing immunization, effective September 1, 2021. (PL 2019 ch. 154 §6.) The adopted rule clarifies the documentation required for students’ health records for all students, including immune students, exempt and non-immunized students, and the minimum content for the school’s annual report of students’ immunization status. These rule changes further clarify that this information may be accessed by the Department to ensure compliance with the law and inform measures for controlling the spread of certain diseases. Additionally, this rule amendment clarifies that remote students who do not enter onto school premises are exempt from immunization requirements. In alignment with 20-A MRS §6359(6), nothing in this rule may be construed to preclude the governing board of a public or private post-secondary school from adopting immunization requirements that are more stringent than the provisions set forth in this rule. The final rule adoption also includes proposed minor changes to the rule format and revised title, for consistency with agency standards.
EFFECTIVE DATE: August 11, 2021
MAINE CDC CONTACT PERSON: Bridget Bagley, 286 Water Street - 11 State House Station, Augusta, ME, 04333-0011. Telephone: (207) 287-9394. Email: Bridget.Bagley@Maine.gov .
MAINE CDC RULES WEBSITE: http://www.maine.gov/dhhs/mecdc/rules/ .
MAINE CDC WEBSITE: https://www.maine.gov/dhhs/mecdc/ .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program Manual, §§ FS 222-4, 444-5, 666-9, and 999-1: Food Supplement Rule #216A – Interview Waivers
ADOPTED RULE NUMBER: 2021-155
CONCISE SUMMARY: This rule change aligns Maine’s policy with practice approved under PL 116-159 and the Food and Nutrition Services (FNS) waiver serial number 2190019 approved on October 21, 2020.
PL 116-159 §4603(a)(1)(A)(iii) allows states to adjust interview requirements consistent with the adjustments provided in the Food and Nutrition Service’s March 26, 2020, blanket approval for adjusting interview requirements. Consistent with FNS guidance at the time, on March 27, 2020 the State of Maine notified the Secretary of Agriculture of its determination to exercise the option to not require a household to complete an interview prior to application approval or recertification through June 30, 2021, provided the applicant’s identity has been verified and all other mandatory verifications in 7 CFR §273.2(f)(1) have been completed. On April 30, 2021, FNS released a memo extending this option. Subsequently, the State of Maine notified FNS of its determination to adopt that extended time frame. This option was approved on May 26, 2021, and extended the interview waiver to the earlier of December 31, 2021, or the end of the month after the month in which the public health emergency (PHE) declaration related to COVID-19 is lifted by the U.S. Secretary of Health and Human Services.
Waiver 2190019 allows the Department to recertify households with no earned income, in which all adult members are elderly or disabled without conducting an interview. This process has been determined effective and efficient by both Maine’s Department of Health and Human Services (DHHS), and the federal Food and Nutrition Services. The current waiver is set to expire May 31, 2022. At this time the Department plans to seek an extension.
References to “appearing for” or “attending” an interview are changed to “complete” to reflect the fact that when interviews are conducted, they may not be in person. This change is consistent with Maine’s approved state plan and current practice.
This rule change reduces the administrative burden on Department staff and increases access to Food Supplement benefits for some of Maine’s most vulnerable residents. It improves food security for these individuals and decreases the likelihood that these particularly vulnerable residents would come into a DHHS office during a public health crisis.
The Department is adopting this rule with a retroactive application to December 1, 2020. Retroactive rulemaking is authorized by the Legislature in accordance with 22 MRS §42(8) because this rule provides a benefit to recipients or beneficiaries and does not have an adverse financial effect on either providers or beneficiaries or recipients.
The following additional changes are being made to modernize the manual and enhance readability.
1) References to “recertification” and “redetermination” are clarified to either “recertification form” when referring to the document, or “eligibility review” when referring to the overall process.
2) Minor corrections are made to typographical errors.
3) Numbering and lettering of Subsections, Paragraphs, etc. is added or standardized as part of an ongoing effort to standardize them not only within this manual but across OFI manuals and facilitate easier citations and cross references.
4) Several terms that had been used interchangeably are consolidated to consistent terms with preference given to terms that are defined within the manual. E.g. “client” and “participant” have been stricken and replaced with one or more of the following terms— “household” when referring to a group defined as such in FS 111-1, “applicant” when referring to an individual defined as such in FS 999-1 as amended by this rulemaking, “recipient” when referring to an individual collecting a benefit, or “resident” when referring to someone who lives in a particular facility. The use of each of these terms has also been reviewed to ensure the correct meaning is conveyed in each instance. Likewise, the term “individual” has been replaced with one of the defined terms when a more precise term is appropriate.
5) FS 222-4 is updated to eliminate the option for Department staff to require a face to face interview for Food Supplement applications and annual eligibility reviews.
6) Whole numbers through ten are represented only by writing out the word. All other figures are represented, only, in numerical form. This change is part of an Office wide standardization effort to improve the flow of the manual by not representing each figure twice.
7) In FS 222-4(3), language is added specifying that the Department shall notify the household of its rights and responsibilities annually even if no interview is conducted.
8) In FS 222-4(4), references to issue resolutions are changed to clarifying questionable information. This change shifts the language to a term defined within the manual and provides greater clarity.
9) Wording changes are made throughout to active voice when possible to aid in readability and to phrase the manual as objective standards, not an instruction manual for OFI workers.
10) In FS 444-2 references to drug addiction or alcoholic rehabilitation are updated to Substance Use Disorder treatment.
11) In FS 444-2, a redundant reference to a work requirement exception was removed as it is addressed in FS 111-5.
12) Language is added to update the names of Departments and Agencies referenced.
13) Gender specific pronouns are replaced with gender neutral ones as part of an Office wide effort toward inclusivity.
14) A requirement that the household provide necessary verifications is added to Section FS 666-9(1) for clarity.
15) Clarification is added throughout Section FS 666-9 that the Department may make a determination that the household is ineligible or still eligible, and, for what benefit level, rather than implying that following the process will always result in continued eligibility.
16) Redundant language is removed where possible to enhance the readability of the manual.
17) Several terms in Section FS 999-1 are removed or reworded based on how or if they are used elsewhere in the manual.
  a) “Alcohol & Drug Centers” is changed to “Centers for the Treatment of Substance Use Disorders”. The definition is modernized. Other terms that refer to these centers, in portions of the chapter that have not been updated as of this rulemaking are added and reference this definition.
  b) “Case Name” is removed.
  c) In the definition of “Mass Changes” the outdated reference to AFDC is updated to TANF.
  d) “Mixed Funded Household” is removed.
  e) “Prospective Budgeting” is removed.
  f) “Shelter for Battered Persons” is added as an alternative to “Shelter for Battered Women and Children”. “Battered Persons” is the preferred term, is consistent with federal regulations, and is gender neutral. However, not all instances have been updated in the manual through this rule change.
  g) The definitions for both “Shelter for Battered Persons” and “Shelter for 17) the Homeless” are modernized.
  h) The definition of “Six-Month Report” is updated to reflect some of the terminology changes above and to allow for one during the certification period following the initial application.
   i) “Timely Notice” is removed. (“Advance Notice” is used consistently throughout the manual.)
18) The definition of “Applicant” is updated to clarify that it is the individual for whom benefits are requested, regardless of whether any benefits are actually issued.
19) A definition of “Assistance Group” is added.
20) The definition of “Documentation” is modified in two ways. First, to reflect not only documentation made by Department staff in the case record, but documentary verifications provided by individuals, as both uses of the term permeate other sections of the manual. Secondly, to expand documentation to not only include written documents, but electronic media such as audio recordings, digital photographs, and the like that are commonly provided as verification.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: August 15, 2021
OFI CONTACT PERSON / SMALL BUSINESS IMPACT INFORMATION: Ian Miller, Senior Program Manager – Food Supplement, Department of Health and Human Services (DHHS) - Office for Family Independence (OFI), 109 Capitol Street -11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-4138. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Ian.Miller@Maine.gov .
OFI WEBSITE: https://www.maine.gov/dhhs/ofi .
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office for Family Independence (OFI)
CHAPTER NUMBER AND TITLE: Ch. 301, Food Supplement Program Manual: §FS 999-2, Geographic Exemptions from ABAWD Work Requirements: Food Supplement Rule #FS220A, ABAWD FFY 2022
ADOPTED RULE NUMBER: 2021-156
CONCISE SUMMARY: 7 CFR 273.24 provides that no individual shall be eligible to participate in the Supplemental Nutrition Assistance Program (SNAP) as a member of any household if the individual received program benefits for more than 3 months during any 3-year period in which the individual was subject to but did not comply with the ABAWD work requirement.
7 CFR 273.24(f) provides that, upon the request of the State agency, the Secretary may waive the applicability of the 3-month ABAWD time limit for any group of individuals in the State if the Secretary makes a determination that the geographic area in which the individuals reside has an unemployment rate of over 10 percent, or does not have a sufficient number of jobs to provide employment for the individuals.
This rule making implements ABAWD geographic statewide waiver 2190025 approved April 28, 2021 pursuant to 7 CFR §273.24(f)(2) and Section 6(o) of the Food and Nutrition Act of 2008. This waiver excludes all Maine residents from ABAWD requirements, for the period October 1, 2021 through September 30, 2022. Reference to past exemptions under expired authority is removed.
The Department pursued and Food and Nutrition Services approved the waiver based on the Department of Labor Trigger Notice No. 2020-38, effective October 4, 2020, showing that, state-wide, Maine qualified for extended unemployment benefits.
This rule change enhances nutritional stability and consistency for thousands of Maine households at a time of financial and health uncertainty.
See http://www.maine.gov/dhhs/ofi/rules/index.shtml for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2021
OFI CONTACT PERSON: Patricia Dushuttle, Special Projects Program Manager- SNAP, Department of Health and Human Services (DHHS) - Office for Family Independence (OFI), 109 Capitol Street – 11 State House Station, Augusta, ME 04330-6841. Telephone: (207) 624-6907. Fax: (207) 287-3455. TT Users Call Maine Relay – 711. Email: Patricia.Dushuttle@Maine.gov .
OFI WEBSITE: https://www.maine.gov/dhhs/ofi .
OFI RULEMAKING LIAISON: Dan.Cohen@Maine.gov .
DHHS WEBSITE: https://www.maine.gov/dhhs/ .
DHHS RULEMAKING LIAISON: Kevin.Wells@Maine.gov .

AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IFW)
CHAPTER NUMBER AND TITLE: Ch. 16, Hunting: 16.07, Deer Hunting (Expanded Archery Areas)
ADOPTED RULE NUMBER: 2021-157
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has amended existing expanded archery area boundaries. This revision will make language consistent across areas, address examples of incorrect road and landmark names and bring boundary description language in line with mapped boundaries currently presented on the MDIFW website. Additionally, the Bangor and Brewer areas have been combined and much of the Owl’s Head peninsula added to the Camden expanded archery area where gun deer hunting is limited by local ordinance to shotgun only. Clarification of islands within WMD 24 rather than the WMD 29 expanded archery area is also included along with revised language for consistency with the online map to include acreage in the town of Ogunquit near Bourne Lane and Shore Road. A complete copy of the rule may be requested by contacting the Agency Contact Person.
EFFECTIVE DATE: August 10, 2021
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. 16, Hunting: 16.13, Protocol for Big Game Registration Station and Furbearer Registration Agents
ADOPTED RULE NUMBER: 2021-158
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has amended ch. 16 rules and removed the 25 cent tagging fee when furs are tagged by the Department. The rule will still allow fur tagging agents to continue charging 25 cents for each furbearer pelt that is tagged. Language for the requirement of temporary transportation tags for marten and fisher has also been removed. Since 2020, temporary transportation tags for marten and fisher are no longer required. A complete copy of the rule may be requested by contacting the Agency Contact Person.
EFFECTIVE DATE: August 10, 2021
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, Trapping
ADOPTED RULE NUMBER: 2021-159
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife had amended ch. 17 trapping rules as follows: made changes to the areas open or closed to beaver trapping in response to landowner requests; several minor changes to clarify or simplify existing rules including removal of the special fisher trapping season and allowing fisher trapping to occur during the general trapping season statewide; removal of the 25 cent tagging fee when Department staff tag fur, and removal of outdated language for temporary transportation tags for marten and fisher as they are no longer required. A complete copy of the rule may be requested by contacting the Agency Contact Person.
EFFECTIVE DATE: August 10, 2021
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: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 5, Confidentiality of Fisheries Statistics
ADOPTED RULE NUMBER: 2021-160
CONCISE SUMMARY: This rule clarifies that any statistics collected by the Department of Marine Resources from a dealer, harvester, business, person or vessel as a result of compliance with reporting requirements, or an agreement by that dealer, harvester, business, person or vessel to participate in a Department led project to develop or test new methodologies or technologies for the reporting of fisheries statistics, is confidential data as provided by 12 MRS §6173.
EFFECTIVE DATE: August 10, 2021
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 RULES WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 8, Landings Program: Menhaden License Update
ADOPTED RULE NUMBER: 2021-161
CONCISE SUMMARY: Public Law 2020 ch. 640 created a new license for the harvest of menhaden. Prior to the creation of the menhaden license, menhaden were harvested under the commercial pelagic and anadromous license. This rule updates reporting requirements for menhaden to reflect that the individuals who are required to report menhaden harvest are those that hold the menhaden license under 12 MRS §6502-C. Reporting elements remain the same as in prior seasons.
EFFECTIVE DATE: August 10, 2021
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 RULES WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 24, Importation of Live Marine Organisms
ADOPTED RULE NUMBER: 2021-162
CONCISE SUMMARY: On February 14, 2021, DMR implemented an emergency rule because routine health surveillance confirmed the presence of MSX (Haplosporidium nelsoni) in Quahog Bay, Harpswell, Maine. MSX is a microscopic parasite that affects the health and survival of the American oyster (Crassostrea virginica) resource but does not pose a risk to consumers or human health. This rule continues the American oyster restricted area within Quahog Bay and Ridley Cove in Harpswell, Maine previously adopted under the emergency rule. The movement or transfer of American oysters greater than 3 mm in size, from the restricted area to other waters of the state, is prohibited without a permit from DMR. Persons are required to obtain a permit for the movement, but not harvest, of shellfish from restricted areas to ensure a reasonable degree of certainty that the movement will not endanger the indigenous marine life or its environment in accordance with ch. 24.05.
EFFECTIVE DATE: August 10, 2021
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 RULES WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 26, Sea Urchins: 2021-2022 Season
ADOPTED RULE NUMBER: 2021-163
CONCISE SUMMARY: This regulation establishes open harvest days and tote limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zones 1 and 2 for the 2021-2022 season. For Zone 1, seasons are implemented for divers, trappers, rakers and draggers in 2021-2022, from which harvesters may only fish up to 15 days of their choosing, the same number of days allowed during the 2020-2021 season. For Zone 1, the daily tote limit is nine (9), the same as in the 2020-2021 season. For Zone 2, 40-day seasons are implemented for divers, trappers, rakers and draggers in 2021-2022, from which harvesters may only fish up to 30 days of their choosing. This rule has the same number of fishing days and opportunity days as the 2020-2021 season. For the Whiting & Dennys Bays Limited Access Area in Zone 2, a 15-day season is implemented for Zone 2 divers, trappers, rakers and draggers in 2021-2022. For Zone 2, the daily tote limit is six (6), the same as in the 2020-2021 season.
EFFECTIVE DATE: August 10, 2021
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 RULES WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 42, Striped Bass
ADOPTED RULE NUMBER: 2021-164
CONCISE SUMMARY: On June 1, 2021 the Department of Marine Resources adopted an emergency rulemaking to come into compliance with the Atlantic States Marine Fisheries Commission. The Department incorporated these emergency changes via this regular rulemaking. The rulemaking implements a definition of bait as it pertains to the required use of circle hooks in the recreational striped bass fishery. It also specifies what happens if a striped bass is incidentally caught while targeting other species with a non-circle hook with bait. Further, it maintains the circle hook exemption for rubber and latex tube rigs and expands the exemption to include willow leaf spinner rigs. In addition to incorporating changes from the emergency rule, this rule also clarifies language in Section 42.01(C). Specifically, it removes language prohibiting the use of treble hooks with bait given subsequent language supersedes this prohibition by only allowing for the use of circle hooks with bait. Greater definition on the required use of circle hooks will provide clarity to anglers and Marine Patrol.
EFFECTIVE DATE: August 10, 2021
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 RULES WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 43, Bluefish
ADOPTED RULE NUMBER: 2021-165
CONCISE SUMMARY: Bluefish and striped bass are two species whose recreational fisheries often overlap. Like the striped bass fishery, there is a circle hook requirement when fishing with bait in the recreational bluefish fishery. The Department has amended the striped bass regulations to provide greater clarity on the use of circle hooks in the striped bass recreational fishery. This includes providing a definition of bait. To ensure continued consistency between the circle hook requirements for the two fisheries, the Department has amended the bluefish regulations to adopt the same definition of bait as is in the striped bass regulations. The rule also cleans up regulatory language in Section 43.01(C), removing language prohibiting the use of treble hooks with bait given subsequent language supersedes this prohibition by only allowing for the use of circle hooks with bait. Continued consistency in the circle hook requirements for striped bass and bluefish will provide clarity to anglers and Marine Patrol.
EFFECTIVE DATE: August 10, 2021
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 RULES WEBSITE: http://www.maine.gov/dmr/rulemaking/
DMR WEBSITE: https://www.maine.gov/dmr/index.html .
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov .