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June 11, 2003
as posted in 5 daily Maine newspapers

NOTICE OF STATE RULE-MAKING

Public Input for Proposed and Adopted Rules

Notices are published each Wednesday to alert the public regarding state agency rule-making. 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 rule-making if the petition is signed by 150 or more registered voters, and may begin rule-making 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 World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 01-015 - Department of Agriculture, Food and Rural Resources
RULE TITLE OR SUBJECT: Ch. 268, Pine Shoot Beetle Quarantine
PROPOSED RULE NUMBER: 2003-P131
CONCISE SUMMARY: This proposed rule amends the current Pine Shoot Beetle state quarantine to incorporate Franklin County and that part of Oxford County south of the Appalachian Trail into the area under quarantine. This action is being taken because Franklin County has been found, through survey, to be infested with this pest. The southern part of Oxford County is proposed to be included in the area under quarantine to prevent the entire state from being included in, the federal quarantine for this pest.
TIIIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA Ch. 409, 2301-2303
PUBLIC HEARING: No hearing scheduled; one may be requested.
DEADLINE FOR COMMENTS: July 14, 2003
AGENCY CONTACT PERSON: Terry L. Bourgoin, Director
AGENCY NAME: Division of Plant Industry
ADDRESS: 28 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 287-3891


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 11.19, Cobscook Bay Limits and Restrictions
PROPOSED RULE NUMBER: 2003-P132
CONCISE SUMMARY: The Commissioner proposes a meat count of a maximum 35 meats per pint (16 ounces) on the harvest of shucked scallops in Cobscook Bay to further prevent over fishing of the scallop resource in accordance with 12 MRSA 6728(l), which became effective September 21, 2001 and Department regulations that became effective December 1, 2001. The proposed rulemaking would repeal the sunset provision for Ch. 11.19 effective November 30, 2003; and change the term "transport" to "transfer" for consistency with the statutory definition of transfer in 12 MRSA 6001(49).
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING: Monday, June 30, 2003, 6:00 p.m., University of Maine, 9 O'Brien Avenue, Science Building Lecture Hall Room 102, Machias
DEADLINE FOR COMMENTS: Thursday, July 10, 2003
AGENCY CONTACT PERSON: Terry Stockwell
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9556
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
Hearing facilities: If you require accommodations due to disability,
please contact Deborah Everett, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources

RULE TITLE OR SUBJECT:
Ch. 26.07, Sea Urchin Harvesting Season 2003-2004
Ch. 26.07(1), Zone 1
PROPOSED RULE NUMBER: 2003-P133
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 for 2003-2004. The Sea Urchin Zone Council recommended this season, which would have the same number of total days as the 2002-2003 season, 94 days for divers, trappers and rakers; and the dragger season would be 84 days compared to 94 days in 2002-2003 season.

RULE TITLE OR SUBJECT:
Ch. 26.07, Sea Urchin Harvesting Season 2003-2004
Ch. 26.07(2), Zone 2
PROPOSED RULE NUMBER: 2003-P134
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171-A and 6749 this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 for 2003-2004. The Sea Urchin Zone Council recommended this season, which includes the choice of two separate seasons for Zone 2 harvesters as authorized by 12 MRSA 6749, and would have the same total number of available days as the 2002-2003 season - 94 days for divers, trappers, rakers, and draggers - but would close the western half of the zone for 10 of those days.

RULE TITLE OR SUBJECT: Ch. 26.02, Sea Urchin Minimum Size and Tolerances
PROPOSED RULE NUMBER: 2003-P135
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749-C this regulation would require all Zone 1 Divers to "cull on bottom," that is, to be more size-selective while harvesting, allowing a 20% tolerance. The tolerance of 5% after culling for all harvesters in both zones would not change. The Sea Urchin Zone Council has recommended this proposed regulation to the Commissioner.

RULE TITLE OR SUBJECT: Ch. 26.03, Sea Urchin Maximum Size and Tolerances
PROPOSED RULE NUMBER: 2003-P136
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749 this regulation would require all Zone 1 Divers to "cull on bottom," that is, to be more size-selective while harvesting, allowing a 20% tolerance. The tolerance of 5% after culling for all harvesters in both zones would not change. The Sea Urchin Zone Council has recommended this proposed regulation to the Commissioner.

RULE TITLE OR SUBJECT: Ch. 26.06, Sea Urchin Catch Bag Mesh Regulation for Zone 2
PROPOSED RULE NUMBER: 2003-P137
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 and 6749 this regulation would require all Zone 2 Divers and Rakers to use catch bags that have mesh openings that are no less than 2 3/8 inches between knots. The Sea Urchin Zone Council has recommended this proposed regulation to the Commissioner.

RULE TITLE OR SUBJECT:
Ch. 26.01, Nighttime Harvesting Prohibition - Technical Correction
Ch. 26.05, Sea Urchin Drag Regulation - Technical Correction
PROPOSED RULE NUMBER: 2003-P138
CONCISE SUMMARY: The term coastal waters would replace territorial waters or seas for consistency with the statutory definition of Maine's coastal waters pursuant to 12 MRSA 6001(6) and the zone boundary definitions in 12 MRSA 6749(N).

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A and 6749
PUBLIC HEARINGS:
Tuesday, July 1, 2003, 6:00 p.m., Lincoln County Communications Center Conference Room, Route 1 (lower entrance behind the courthouse), Wiscasset. (The Zone 1 season and other Zone 1 proposed rules will be followed by proposed rules for Zone 2; see related rulemaking announcements.)
Wednesday, July 2, 2003, 6:00 p.m., Ellsworth City Hall Auditorium, 1 City Hall Plaza, Ellsworth. (The proposed Zone 2 season and other Zone 2 rules will be followed by proposed rules for Zone 1; see related rulemaking announcements.)
DEADLINE FOR COMMENTS: Saturday, July 12, 2003
AGENCY CONTACT PERSON: Margaret Hunter
AGENCY NAME: Department of Marine Resources
ADDRESS: PO Box 8, West Boothbay Harbor, Maine 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TELEPHONE: (207) 633-9500
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing).
HEARING FACILITIES: If you require accommodations due to disability, please contact Deborah Everett, at (207) 624-6567.


ADOPTIONS

AGENCY: 09-137 - Department of Inland Fisheries& Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4.03, Deer Hunting Seasons
ADOPTED RULE NUMBER: 2003-176
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules affecting deer hunting as follows: (1) Established the annual date for the youth deer hunting day; (2) Allocated the number of antlerless deer permits to be issued, by Wildlife Management District (WMD) and also amend the rule to allow applicants to select 3 WMDs in order to facilitate the issuance of bonus permits; (3) Established license requirements and restrictions for permits issued for use in the Expanded Archery Season. Hunters who possess an archery license will be eligible to obtain multiple antlerless deer permits for a fee of $10 and 1 buck permit for a fee of $30, to be used in the expanded areas only; and (4) established a new area for the Expanded Archery season in the Town of Bucksport. The number of any-deer hunting permits to be allocated in 2003 for each Wildlife Management District are as follows:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 100 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 750 permits
WMD 8 - 650 permits
WMD 9 - 300 permits
WMD 10 - 300 permits
WMD 11 - 0 permits
WMD 12 - 1,900 permits
WMD 13 - 1,900 permits
WMD 14 - 400 permits
WMD 15 - 3,550 permits
WMD 16 - 6,500 permits
WMD 17 - 15,450 permits
WMD 18 - 200 permits
WMD 19 - 0 permits
WMD 20 - 4,500 permits
WMD 21 - 4,100 permits
WMD 22 - 5,350 permits
WMD 23 - 15,550 permits
WMD 24 - 3,500 permits
WMD 25 - 3,500 permits
WMD 26 - 3,250 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 - 0 permits
WMD 30 - 850 permits
TOTAL - 72,600
EFFECTIVE DATE: June 8, 2003 AGENCY CONTACT PERSON: Andrea L. Erskine
AGENCY NAME: Department of Inland Fisheries & Wildlife
ADDRESS: #41 State House Station - 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 02-031 - Department of Professional & Financial Regulation, Bureau of Insurance
CHAPTER NUMBER AND TITLE: Amendments to Rule Ch. 840, Private Purchasing Alliances
ADOPTED RULE NUMBER: 2003-177
CONCISE SUMMARY: The purpose of this Rule is to supplement Ch. 18-A of Title 24-A MRSA by establishing additional standards for private purchasing alliances. This Rule applies to private purchasing alliances as defined by 24-A MRSA 1951(2) and to carriers contracting with such alliances.
EFFECTIVE DATE: July 4, 2003
AGENCY CONTACT PERSON: Jennifer Rice
AGENCY NAME: Bureau of Insurance
ADDRESS: 34 State House Station, Augusta ME 04333
Phone: (207)624-8460


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