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September 3, 1997
Rule-Making Notice

as it appears in 5 daily Maine newspapers

PROPOSALS

AGENCY: 06-096 - Maine Department of Environmental Protection (DEP)
RULE TITLE OR SUBJECT: Chapters 500 and 502 - the rulemaking proposes minor amendments to two provisionally adopted chapters titled: (1) Stormwater Management, and (2) Direct Watersheds of Waterbodies Most at Risk from New Development, and Sensitive or Threatened Regions or Watersheds.
PROPOSED RULE NUMBER: 97-P172
CONCISE SUMMARY: Chapters 500 and 502 were provisionally adopted by the Board of Environmental Protection on February 12, 1997, and authorized for final adoption by Legislature through PL 1995, chapters 47 and 67. The proposed revisions to these chapters include (a) changes required by PL 1997, ch. 67, and (b) minor technical corrections and clarifications.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: P.L. 1995, ch. 704, B-2 and C-1; 38 M.R.S.A. 341-D and 484.
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: October 6,1997, 5:00 p.m.
AGENCY CONTACT PERSON: Don Witherill
AGENCY NAME: Maine Department of Environmental Protection, Bureau of Land and Water Quality
ADDRESS: State House Station 17 Augusta, ME 04333-0017
TELEPHONE: 207-287-3901
To request a copy of the draft rule, write to Shari Berry-Goodwin at the same address or phone her at 287-3901 or 1-800-452-1942.

AGENCY: 17-229 - Maine Department of Transportation
RULE TITLE OR SUBJECT: Chapter 304 - Criteria for the Functional Classification of Highways
PROPOSED RULE NUMBER: 97-P172
CONCISE SUMMARY: Amendments to the existing rule on the criteria between collector highways and local highways.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 23 M.R.S.A. 53
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: October 6, 1997
AGENCY CONTACT PERSON: Peter Coughlan
AGENCY NAME: Department of Transportation, Bureau of Planning
ADDRESS: 16 State House Station, Augusta, ME 04333-0016
TELEPHONE: 287-2152


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Chapter 4 - Hunting and Trapping - Upland Game and Furbearing Animals (Beaver Trapping Closures)
PROPOSED RULE NUMBER: 97-P174
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife proposes to adopt the following amendments to the regulations pertaining to Upland Game and Furbearing Animals:
During the open season for beaver trapping in any of the eight wildlife management units, certain townships may be restricted by one of the following provisions:
(1) Town open to beaver trapping with certain specified areas closed;
(2) Town closed to beaver trapping with certain specified are as open;
(3) Town closed to all beaver trapping; or
(4) Town open to all beaver trapping.
A copy of the proposed beaver season rule (including recently adopted trapping season dates) may be obtained from the Agency Contact Person and Regional Wildlife or Warden Service offices.
STATUTORY AUTHORITY: 12 MRSA 7035.
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: October 3,1997
AGENCY CONTACT PERSON: Ken Elowe, Inland Fisheries and Wildlife, 284 State Street, Station # 41, Augusta, ME 04333-0041
TELEPHONE: 287-5252 or e-mall to: Ken.Elowe@maine.gov


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Chapter 101 - Maine Medical Assistance Manual, Chapters II and lll, Section 68, "Occupational Therapy Services."
PROPOSED RULE NUMBER: 97-P175
CONCISE SUMMARY The proposed rule adds coverage of Certified Occupational Therapist Assistants (COTAs), supplies necessary for the provision of occupational therapy services, and clarifies service limits. The coverage of COTAs is proposed to be effective with services provided on or after April 1, 1997.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 M.R.S.A. 42, 3173
PUBLIC HEARING: 1:30 p.m.., September 25, 1997, Policy Conference Room, Bureau of Medical Services 35 Anthony Avenue, Augusta, ME 04330
DEADLINE FOR COMMENTS: October 7, 1997
AGENCY CONTACT PERSON: Peter J. Ezzy , Medical Care Administrator
AGENCY NAME: Division of Medicaid Policy & Programs
ADDRESS: 35 Anthony Avenue, State House Station 11, Augusta, Maine 04333
TELEPHONE: 207-624-5514


ADOPTIONS
AGENCY: 99-420 - Maine Turnpike Authority
CHAPTER NUMBER AND TITLE: Chapter 1 - Rules Governing The Use of the Maine Turnpike
ADOPTED RULE NUMBER: 97-278
CONCISE SUMMARY: The Maine Turnpike authority has amended its rules so that the Authority and the State Police Commander for Troop G can jointly authorize night moves on the Maine Turnpike of vehicles which exceed permitted lengths or widths ("overdimension vehicles") when public safety will not be adversely affected. This will alleviate hazards during daytime hours and relieve congestion for other vehicles, including emergence vehicles, especially during peak traffic times in the summer. Maine State Police personnel will be present to escort overdimension vehicles during night movement on the Turnpike.
EFFECTIVE DATE: August 27, 1997
AGENCY CONTACT PERSON: Margaret Trueworthy, Secretary-Treasurer
AGENCY NAME: Maine Turnpike Authority
ADDRESS: 430 Riverside Street, Portland, Maine 04103
TELEPHONE: (207) 871-7771

AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Chapter 11 - Scallops
ADOPTED RULE NUMBER: 97-285
CONCISE SUMMARY: For purposes of conservation and resolving gear conflict in the Damariscotta River. This rule would prohibit scallop dragging in the Damariscotta River during the month of December.
EFFECTIVE DATE: August 31, 1997

CHAPTER NUMBER AND TITLE: Chapter 11 - Scallops
ADOPTED RULE NUMBER: 97-288
CONCISE SUMMARY: A new law passed by the Maine legislature requires rules on the configuration of scallop drags to be identical to the federal regulations in the Atlantic sea scallop fishery. Those federal regulations limit the mesh size of net material on the top of a scallop drag, prohibit chafing gear or cookies on the top of a scallop drag, establish ring link restrictions for a scallop drag, and prohibit drag or net obstructions. This action makes the State's regulation consistent with federal regulations.
EFFECTIVE DATE: September 19, 1997

CHAPTER NUMBER AND TITLE: Chapter 25.96 - Lobster Apprentice Program
ADOPTED RULE NUMBER: 97-284
CONCISE SUMMARY: The Commissioner has established requirements for entry into the lobster fishery through the apprentice program. Definitions are established for the apprentice program experience and length of program required for practical lobster fishing.
EFFECTIVE DATE: August 31, 1997

CHAPTER NUMBER AND TITLE: Chapter 34 - Maine Groundfish Management Plan
ADOPTED RULE NUMBER: 97-286
CONCISE SUMMARY: These amendments repeal and replace some sections of the Maine Groundfish Management Plan regulations and make those regulations conform to the language contained in the federal groundfish management plan.
EFFECTIVE DATE: August 31, 1997

CHAPTER NUMBER AND TITLE: Chapter 55 - Gear Restrictions and Penobscot River Tributaries Fishing Closures
ADOPTED RULE NUMBER: 97-287
CONCISE SUMMARY: This rule would seasonally close the lower portion of Kenduskeag Stream to fishing for all species and provide for seasonal closure of the tidal portions of Felts Brook, Meadow Brook, and Eaton Brook. The Meadow and Eaton Brook closures would extend into the Penobscot River within a 250 foot radius of these two brooks.
EFFECTIVE DATE: August 31, 1997

AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: 21 State House Station Augusta, Maine 04333-0021
TELEPHONE: (207) 633-9584


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