September 24, 2003
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/.
01-031 - Department of Professional and Financial Regulation, Bureau
RULE TITLE OR SUBJECT: Proposed Rule Ch. 915, Annuity Disclosure
PROPOSED RULE NUMBER: 2003-P222
CONCISE SUMMARY: The purpose of this rule is to provide standards for
the disclosure of certain minimum information about annuity contracts
to protect consumers and foster consumer education. The rule specifies
the minimum information which must be disclosed and the method for disclosing
it in connection with the sale of annuity contracts. The goal of this
rule is to ensure that purchasers of annuity contracts understand certain
basic features of annuity contracts.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: This rule is promulgated by the Superintendent
pursuant to 24-A MRSA §§ 212 and 2151-B.
PUBLIC HEARING: no public hearing is scheduled. A public hearing will
be held if requested by any five interested persons.
DEADLINE FOR COMMENTS: no later than October 24, 2003 at 5:00 p.m.
AGENCY CONTACT PERSON: Jennifer Rice, Maine Bureau of Insurance, 34
State House Station, Augusta ME 04333
TELEPHONE: (207) 624-8460
02-382 - State Board of Optometry
RULE TITLE OR SUBJECT: Ch. 1, Examination; Approved Schools;
License Renewal; Fees; Continuing Education
PROPOSED RULE NUMBER: 2003-P223
CONCISE SUMMARY: The Maine State Board of Optometry examines and licenses
competent optometrists to serve the people of Maine. All licensed optometrists
are required to renew their license, annually, by paying an annual license
fee to the Maine State Board of Optometry. This Rule amendment will
increase the annual license fee to adequately provide revenue for the
Board to conduct its function.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 32 MRSA §2423(l) and (2)
PUBLIC HEARING: The public hearing will be held on October 17, 2003
at 8:30 a.m. in the Androscoggin Room, at the Offices of Professional
and Financial Regulation, 122 Northern Ave., Gardiner, ME 04345
DEADLINE FOR COMMENTS: October 27, 2003
AGENCY CONTACT PERSON: Susan A. Giampetruzzi
AGENCY NAME: Maine State Board of Optometry
ADDRESS: 113 State House Station, Augusta, ME 04345
TELEPHONE: (207) 624-8691
13-188 - Department of Marine Resources
NUMBER AND TITLE: Ch. 11, Scallops: Ch. 11.19, Cobscook
Bay Limits and Restrictions
ADOPTED RULE NUMBER: 2003-319
CONCISE SUMMARY: The meat count maximum of 35 meats per pint (16 ounces)
on the harvest of shucked scallops in Cobscook Bay has been adopted.
This rulemaking is intended 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 rulemaking also repeals the sunset provision for
Ch. 11.19 effective November 30, 2003; and changes the term "transport"
to "transfer" for consistency with the statutory definitions in 12 MRSA
NUMBER AND TITLE: Ch. 25, Lobster and Crab: Ch. 25.93(F)(1)(b)(i),
Exit Ratios for Limited Entry Zones, Zone D
ADOPTED RULE NUMBER: 2003-320
CONCISE SUMMARY: The Department of Marine Resources adopts these regulations
under Ch. 25.93(F) after considering a survey of zone members and a
recommendation of the Zone D Council as contemplated by 12 MRSA § 6448.
These changes establish an exit ratio of 5 out to 1 in (5:1) for Zone
D that outlines procedures for authorizing new zone entrants.
NUMBER AND TITLE: Ch. 26.05(B), Sea Urchin Drag Regulation, Escape
Panel - Zone 2
ADOPTED RULE NUMBER: 2003-321
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA §
6171 and § 6749-C the adopted regulations require all Zone 2 Urchin
Draggers to use urchins drags with an escape panel with 2-inch openings
installed in the top side of the drag.
NUMBER AND TITLE: Ch. 34.10(l)(B)(4)(c), Groundfish Regulations:
ADOPTED RULE NUMBER: 2003-322
CONCISE SUMMARY: These adopted fishing regulations prohibit the federal
whiting fishery inside the 3-mile limit, require vessels possessing
federally exempted grate raised footrope trawl (GRFT) net/gear to obtain
an endorsement from DMR in order to possess or land whiting in Maine
taken with the GRFT, and require reporting and the allowance of observers
on board at the request of the Department of Marine Resources or NOAA
Fisheries, National Marine Fisheries Service (NMFS). This rulemaking
does not apply to recreational hook and line fishing of whiting.
NUMBER AND TITLE: Ch. 34.10, Maine Groundfish Management Plan
ADOPTED RULE NUMBER: 2003-323
CONCISE SUMMARY: On June 17, 2003 NMFS notified the Non-Federal Settling
Parties that new federal regulations would become effective July 28,
2003 that continue the measures implemented on August 1, 2002 pursuant
to the Settlement Agreement approved by the order issued by US District
Court for the District of Columbia in connection with the lawsuit filed
in Conservation Law Foundation v. Evans. These adopted amendments to
the Maine groundfish regulations provide consistency with the National
Marine Fisheries Service federal groundfish regulations. The amendments
to the Ch. 34 groundfish regulations are:
(1) the minimum size limit for haddock is reduced from 23-inches to
21-inches total length for the charter/party and private recreational
(2) the Gulf of Maine haddock bag limit is removed for charter/party
vessels (recreational vessels continue to have a Gulf of Maine bag limit
of 10 cod and haddock combined; and no more than 5 cod allowed in the
combined for charter/party boats and recreational vessels catch between
December 1 and March 31; and
(3) the commercial vessel daily trip limit is 300 pounds of cod, haddock,
and yellowtail flounder combined although no more than 200 pounds per
trip shall be cod and yellowtail flounder combined.
NUMBER AND TITLE: Ch. 45, Shrimp
ADOPTED RULE NUMBER: 2003-324
CONCISE SUMMARY: These adopted amendments increase the cod end mesh
size minimum from 6 to 6.5 inches in trawl net gear, update the prohibited
bycatch list of regulated groundfish species and repeal the April small
mesh exempted area between Matinicus and Vinalhaven. These changes are
necessary for consistency with Ch. 34 of the Maine Department of Marine
Resources' rules for Groundfish that became effective on July 22, 2002
to complement and support the Court order issued by the United States
District Court for the District of Columbia in connection with the lawsuit
filed in Conservation Law Foundation v. Evans on April 26, 2002, as
modified by the court on May 23, 2002, and the federal regulations promulgated
in connection with that order which became effective as of June 1, 2002.
Separate technical corrections and updates include: Ch. 45.50 is repealed,
as the penalty provision cited therein is redundant with the statutes;
the term "presumed" has been changed to "prima facie evidence" for consistency
with new enforcement rules; the definition of shrimp is clarified to
ensure that the existing meaning of all Pandalid species is consistent
throughout Ch. 45, unless otherwise stated; and the closed season referred
to under the processing section of 45.05(l)(8) is clarified to mean
the time period other than the annually set open season in section 45.05.
The 2001 calendar appended to the end of the rules has also been repealed.
DATE: September 16, 2003
AGENCY CONTACT PERSON: Laurice U. Churchill
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) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 or 287-4474 (Deaf/Hard of Hearing)
02-041 - Department of Professional and Financial Regulation, Office
of Licensing and Registration
CHAPTER NUMBER AND TITLE: Ch. 10, Establishment of License Fees
ADOPTED RULE NUMBER: 2003-325
CONCISE SUMMARY The rule adjusts fees for 9 of the 40 licensing boards
and regulatory functions administered by the Office of Licensing and
Registration ("OLR"). The affected programs are:
Board of Alcohol and Drug Counselors
Board of Boilers and Pressure Vessels
Charitable Solicitations Registration
Board of Complementary Health Care Providers
Manufactured Housing Board
Board of Licensure of Foresters
Board of Examiners in Physical Therapy
Board of Real Estate Appraisers
Transient Seller Registration
EFFECTIVE DATE: September 22, 2003
AGENCY CONTACT PERSON: Anne L. Head, Director
AGENCY NAME: Office of Licensing and Registration
ADDRESS: 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8633
of the Secretary of State