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December 16, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS

AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 322, Metering, Billing, Collections, and Enrollment Interactions Among Transmission and Distribution Utilities and Competitive Electricity Providers
PROPOSED RULE NUMBER: 98-P278
CONCISE SUMMARY: This Rule establishes terms and standards governing metering, billing and collections by transmission and distribution utilities and by competitive electricity providers operating in Maine. The Rule also establishes terms and standards governing customer enrollment for generation service, transfer from one generation service provider to another, and termination of generation service. Finally, the Rule establishes terms governing the transfer of customer information among transmission and distribution utilities and competitive electricity providers.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 35-A, M.R.S.A. 104, 111, 1301, 3202(1) and (2), and 3203(9)
PUBLIC HEARING: January 7, 1999, 9:00 a.m., Public Utilities Commission Hearing Room, 242 State Street, Augusta, ME.
DEADLINE FOR COMMENTS: December 31, 1998
AGENCY CONTACT PERSON: Carmen M. Thibodeau
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: 287-6078


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT:
Ch. 1, Open Water and Ice Fishing
Ch. 4, Hunting and Trapping
PROPOSED RULE NUMBER: 98-P279
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing to adopt definitions for daily bag, possession, and home possession limits for hunting and fishing. These definitions would apply to limits as established by rule of the commissioner or as set by the legislature. (NOTE: These definitions would not affect currently established daily bag and possession limits for fishing as these rules remain in effect until the end of the 1999 open water season and the 1998-1999 ice fishing season). The definitions are as follows:
Daily bag limit means the number of any given species which may lawfully be taken by one person in any one calendar day from the fields, forests, and waters of the State, as set by rule of the commissioner or enacted by the legislature.
Possession limit means the number of any given species which may be possessed by one person in or on any place, container, structure, or vehicle prior to being stored at that person's domicile (defined by 12 MRSA Section 7001, subsection 5-A as being the place where a person has their true, fixed and permanent home).
Home possession limit means the number of any given species which may be kept in storage for personal use at a person's domicile, provided that each species was lawfully taken and possessed in accordance with daily bag limits established for any given species.
The carcasses or parts of dead wild birds, wild animals or fish that have been lawfully taken during an open season in another State or country may be possessed in Maine when accompanied by any permit or license required by the State or country of jurisdiction and when transported and exported in accordance with the laws of the State or country or origin. Such carcasses or parts shall not be considered to be part of an individual's daily bag, possession or home possession limit.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA Section 7035
PUBLIC HEARING: None scheduled -- one may be requested.
DEADLINE FOR COMMENTS: January 15, 1999
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #41 State House Station Augusta, ME 04333-0041
TELEPHONE: 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 332, Maine Medicaid Eligibility Manual: Qualifying Individuals, Part 2
PROPOSED RULE NUMBER: 98-P280
CONCISE SUMMARY: This rule provides for help in paying for Medicare Part B premium as authorized by the U.S. Congress. The benefit is $1.07 per month for 1998 and $2.10 per month for 1999. Eligible individuals must have assets under $4,000 and monthly gross income between $981 (countable income limit is $906) and $1,249 (countable income limit is $1,174). For a couple, assets must be under $6,000 and monthly gross income between $1,321 (countable income limit is $1,221) and $1,683 (countable income limit is $1,583). Gross income limits include $75 State and Federal disregards on most unearned income for an individual ($100 for a couple). Individuals must also be entitled to or enrolled in Medicare Part A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 3173
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: January 15, 1999.
AGENCY CONTACT PERSON: Barbara Feltes, Medicaid Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, ME 04333-0011
TELEPHONE NUMBER: (207) 287-5088
TTY: (207) 287-6948 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program
ADOPTED RULE NUMBER: 98-490
CONCISE SUMMARY: This rule establishes the procedures, standards and eligibility requirements for investment in College Savings accounts, into which a participant may invest funds to be used by individual beneficiaries to pay the cost of attendance at an institution of higher education. The College Savings Program is established as a qualified state tuition program pursuant to Section 529 of the Internal Revenue Code of 1986 and regulations promulgated thereunder.
EFFECTIVE DATE: December 9, 1998
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, PO Box 949, 83 Western Avenue, Augusta, Maine 04332-0949
(207) 623-3263 (Voice)
(207) 626-2715 (TDD)


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 90.05, Waldo County Conservation Areas
ADOPTED RULE NUMBER: 98-491
CONCISE SUMMARY: The conservation areas located in Jones and Mill Creeks, Little Broad Cove and Crow Cove in the town of Islesboro are proposed to be repealed. Efforts by the town to improve shellfish productivity in those locations have been unsuccessful, therefore the conservation areas are no longer considered justifiable.

CHAPTER NUMBER AND TITLE: Ch. 26.20, Sea Urchin Research Conservation Areas
ADOPTED RULE NUMBER: 98-492
CONCISE SUMMARY: The Department, in consultation with the Sea Urchin Zone Council, will close six areas coastwide (each approximately 300 square yards) that have been over harvested of sea urchins to study the rate and nature of sea urchin's natural recovery, if left alone. The proposed areas are located off East Point, York; Seal Head Point, York- Schoodic Point, Winter Harbor; Pemaquid Point, South Bristol; Outer Ram Island, Beals and Sea Duck Rock, Addison.

CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)(3), Maine Groundfish Management Plan; Size, Possession and Gear Restrictions; Pollock exemption
ADOPTED RULE NUMBER: 98-493
CONCISE SUMMARY: This regulation amends the Maine Groundfish Management Plan, establishing a creel limit of six pollock per person per day that are under 19 inches total length, for both shore and boat fisherman in Maine territorial seas. This limited exemption will allow the use of small numbers of undersized pollock to be used as bait from vessels, but will also limit the number of undersized pollock that can be caught from shore. This will rectify the inconsistency between the shore-based and the boat-based fisheries. This regulation addresses concerns regarding the traditional use of small pollock for bait, particularly in southern Maine.

EFFECTIVE DATE: December 12, 1998
AGENCY CONTACT PERSON: Lewis N. Flagg
AGENCY NAME: Department of Marine Resources
ADDRESS: State House Station #21, Augusta, Maine 04333
TELEPHONE: 624-6341


AGENCY: 10-144 - Department of Human Services, Bureau of Family Independence
RULE TITLE OR SUBJECT: Ch. 331, Public Assistance Manual (AFDC) - Miscellaneous Policy Clarifications
ADOPTED RULE NUMBER: 98-494
CONCISE SUMMARY: This rule:
* adds language to reinforce the Department's commitment to adhere to the Americans with Disabilities Act
* clarifies that Alternative Aid is for families rather than for individuals, and the family is not required to participate in a TANF orientation meeting
* treats individuals who receive adoption assistance the same way as individuals who receive SSI or Foster Care Payments
* clarifies how contract income is counted.
EFFECTIVE DATE: January 1, 1999
AGENCY CONTACT PERSON: Rose Masure, TANF Program Manager, Department of Human Services, Bureau of Family Independence, 11 State House Station, Whitten Road, Augusta, Maine 04333
TELEPHONE NUMBER: 287-5089
DEAF/HARD OF HEARING TTY: (207) 287-6948


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife

CHAPTER NUMBER AND TITLE: Ch. 1: 1.01, Open Water Fishing; 1.02, Ice Fishing
ADOPTED RULE NUMBER: 98-498
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule changing the legal length limit on landlocked salmon from 14 inches to 12 inches on Eagle Lake in Aroostook County. Sampling data indicates a lack of smelt forage resulting in a large number of slow-growing landlocked salmon. As a result, few salmon can be legally harvested. Allowing anglers to harvest salmon between 12 and 14 inches will help speed the recovery of the salmon fishery. An emergency regulation was adopted during the 1998 open water fishing season. This rule will permanently adopt the decreased minimum length limit on salmon for the 1998-1999 ice fishing season and the 1999 open water season. The adopted regulation reads as follows:
For the 1999 open water fishing season: AROOSTOOK COUNTY: Eagle Lake, Eagle Lake, Wallagrass, etc. S-2, S-3, S-16, S-25; Minimum length limit on salmon: 12 inches. (See also Fish River Thoroughfares).
For the 1998-1999 ice fishing season: AROOSTOOK COUNTY: Eagle Lake, Wallagrass, Eagle Lake, T16R5, T16R6. S-10, AK-1. Minimum length limit on salmon: 12 inches.
The underlined text indicates the change.

TYPE OF RULE: Motorsize Restrictions on Certain Inland Waters
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations
ADOPTED RULE NUMBER: 98-495
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing motorsize restrictions as follows:
Motorboats with internal combustion engines prohibited:
Beaver Pond, Bridgton (Cumberland County)
Pinkham Pond, Alna (Lincoln County)
Motorboats with more than 6 horsepower prohibited.
Granger Pond, Denmark (Oxford County)

CHAPTER NUMBER AND TITLE: Ch. 4 - 4.06, Turkey Hunting Season
ADOPTED RULE NUMBER: 98-496
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing an open hunting season on wild turkeys beginning on the first weekday in May through May 31, annually; increasing the number of permits to 3,000; and establishing 1 hunting zone.

CHAPTER NUMBER AND TITLE: Ch. 4 - 4.05, Moose
ADOPTED RULE NUMBER: 98-497
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing an open hunting season on moose as follows: beginning on the first Monday of October and remaining open for 6 days, except in any year when the first Monday occurs on October 1, 2, or 3. In those years, the season will open on the second Monday of October. This amendment also makes a technical correction in the rule by repealing the moose hunting district which was repealed in statute when the southern zone was created. Moose hunting zones and allocations remain unchanged from last year.

EFFECTIVE DATE: December 14, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 565, Nutrient Management Rules
ADOPTED RULE NUMBER: 98-499
CONCISE SUMMARY: In March 1998, the Maine legislature passed "An Act Regarding Nutrient Management". This law (7 MRSA Ch 747) takes a giant step toward the reduction of nonpoint pollution from Maine agriculture. It requires that all Maine farms with more than 50 animal units (1000 lbs of body weight is one animal unit) must develop a whole farm nutrient management plan by January 1, 2001. It also requires that any farm having a manure related complaint must have a nutrient management plan in order to maintain protection under the "right to farm" law. Additional provisions of the law prohibit winter spreading of manure anywhere in the state and establish a permitting process for larger livestock farms. The law also provides for penalties for noncompliance and gives the Commissioner of Agriculture the authority to enforce them. These rules establish the standards for implementing the law.
EFFECTIVE DATE: December 14, 1998
AGENCY CONTACT PERSON: Peter Mosher
AGENCY NAME: Maine Department of Agriculture, Food and Rural Resources
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-1132


AGENCY: 90-351 - Workers' Compensation Board
CHAPTER NUMBER AND TITLE: Ch. 2, Section 5, Section 213 Compensation for Partial Incapacity; Requests for extension of benefits pursuant to 39-A M.R.S.A. Sec. 213(1)
ADOPTED RULE NUMBER: 98-500
CONCISE SUMMARY: This rule establishes the procedure to be followed when, pursuant to 39-A M.R.S.A. Sec. 213(1), a request for extended benefits due to extreme financial hardship is made.
EFFECTIVE DATE: December 14, 1998
AGENCY CONTACT PERSON: Julia A. Finn, General Counsel
AGENCY NAME: Workers' Compensation Board
ADDRESS: 27 State House Station, Augusta, Maine 04333-0027
TELEPHONE: 207-287-7094


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