January 18, 2023

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. 32, Elver Quota System for the 2023 Season
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2023-P018
BRIEF SUMMARY: This proposed rulemaking establishes the elver quota allocations for the 2023 season for individuals licensed under §§ 6505-A and 6302-A, and the method of calculating individual elver quota allocations for individuals licensed under §6505-A. The quota for the Passamaquoddy Tribe has been adjusted in accordance with their overage in the 2022 season. For individuals licensed under §6505-A, 2023 allocations for individuals will be the same as their 2022 allocations, plus any quota associated with licenses not renewed in 2022, or licenses suspended for the duration of the 2023 season, which will be distributed evenly to all existing license holders.
PUBLIC HEARING: None scheduled.
COMMENT DEADLINE: February 17, 2023.
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, Marine Resources, 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
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: https://www.maine.gov/dmr/home.
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov.

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: Maximized Retention Monitoring
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2023-P019
BRIEF SUMMARY: This proposed rulemaking incorporates into state regulation the electronic monitoring maximized retention model, which is a monitoring tool approved by NOAA to achieve sector monitoring coverage in the federal groundfish fishery. This proposed rulemaking defines ‘electronic monitoring maximized retention model’ and ‘allocated groundfish species.’ It adds an exemption from the minimum sizes for allocated groundfish species to vessels participating in the maximized retention model, subject to constraints specified in the proposed rule.
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: February 17, 2023
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, Marine Resources, 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
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: https://www.maine.gov/dmr/home.
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov.

AGENCY: 13-188 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 36, Atlantic Herring: 2023 Administrative Update
TYPE OF RULE: Routine Technical
PROPOSED RULE NUMBER: 2023-P020
BRIEF SUMMARY: This proposed regulation amends language clarifying the seasonal structure of the Management Area 1A herring fishery. Additionally, section 36.01(B)(3) clarified the reporting timeframe as described in Chapter 8 Landings, section 8.20(R).
PUBLIC HEARING: None scheduled
COMMENT DEADLINE: February 17, 2023
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS IMPACT INFORMATION: Amanda Ellis, Marine Resources, 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
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different): Same
DMR RULEMAKING WEBSITE: http://www.maine.gov/dmr/rulemaking/.
DMR WEBSITE: https://www.maine.gov/dmr/home.
DMR RULEMAKING LIAISON: Deirdre.Gilbert@Maine.gov.

ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine (FAME)
CHAPTER NUMBER AND TITLE: Ch. 618, Amendment 2 – Maine Veterinary Medicine Loan Program
ADOPTED RULE NUMBER: 2023-007
CONCISE SUMMARY: The rule amendments implement recent legislative changes to the program’s governing statute. These changes include: increases the number of loans that may be awarded (funding permitting) from two per year to eight per year, with overall aggregate program loans increased from eight to thirty-two, but at least half of these (and no fewer than two) must be awarded to livestock veterinary students, unless FAME does not receive enough applications, in which case it may award remaining loans to other eligible applicants; increases maximum loan amounts from $25,000 per year to $35,000 per year; expands program eligibility to veterinarians who practice “emergency and critical care” (to be defined by Maine Department of Agriculture, Conservation, and Forestry, but to include non-livestock animals; and expands program eligibility to veterinarians of any kind who practice in “underserved geographic regions” (term to be defined by DACF, but priority must be given to Aroostook, Oxford, Penobscot, Piscataquis, Somerset, and Washington Counties).
EFFECTIVE DATE: January 10, 2023
AGENCY CONTACT PERSON: William Norbert, Esq., Finance Authority of Maine, PO Box 949 - 5 Community Drive, Augusta, ME 04332-0949. Telephone: (207) 623-3263 x 3540. Email: wnorbert@famemaine.com .
FAME WEBSITE: https://www.famemaine.com/ .