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October 26, 2005
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/rules/.


PROPOSALS

AGENCY: 02-032 - Department of Professional and Financial Regulation, Office of Securities
NEW RULES
A copy of any of the proposed new rules may be obtained on the Office of Securities website, www.MaineSecuritiesReg.org, or by contacting the Office of Securities at 121 State House Station, Augusta, Maine 04333-0121.
RULE TITLE OR SUBJECT: Ch. 504, Broker-Dealer and Agent Licensing
PROPOSED RULE NUMBER: 2005-P247
CONCISE SUMMARY: The Office of Securities licenses all broker-dealers and agents who offer and sell securities in Maine. This chapter outlines licensing procedures and other requirements for these broker-dealers and agents. For example, the chapter describes how broker-dealers and agents apply to be licensed and what examinations and training are required before an agent license is issued. The chapter also provides guidance on how licensees can comply with statutory requirements to reasonably supervise agents and avoid unethical or dishonest conduct. Further, the chapter sets out minimum financial requirements for those broker-dealers that are not members of NASD.
STATUTORY AUTHORITY: 32 MRSA §§ 16406, 16411, 16412 and 16605
RULE TITLE OR SUBJECT: Ch. 511, Change of Ownership of Control of a Broker-Dealer or Investment Adviser
PROPOSED RULE NUMBER: 2005-P248
CONCISE SUMMARY: The Office of Securities licenses all broker-dealers that offer and sell securities in Maine. The Maine Uniform Securities Act provides that the Securities Administrator may issue a rule requiring a licensed broker-dealer to file a new license application after it has a change in its ownership or control. This chapter describes the circumstances under which a licensed broker-dealer is considered to have changed its ownership or control in a manner significant enough to require the filing of a new license application.
STATUTORY AUTHORITY: 32 MRSA §§ 16407(4) and 16605
RULE TITLE OR SUBJECT: Ch. 516, Definition of Client for Purposes of Investment Adviser Licensing and Notice Filing by Federal Covered Investment Advisers
PROPOSED RULE NUMBER: 2005-P249
CONCISE SUMMARY: The Office of Securities ("Office") licenses all investment advisers that transact business in Maine. The Office also requires certain persons registered under the federal Investment Advisers Act, known as "federal covered investment advisers," to file a notice with the Office before they transact business in Maine. The Maine Uniform Securities Act provides an exemption from these licensing and notice-filing requirements for investment advisers and federal covered investment advisers that have no place of business in Maine and have had, in the preceding 12 months, fewer than five clients who are Maine residents. This chapter explains how to count clients for purposes of this exemption. For example, an individual and his or her spouse are deemed to be a single client.
STATUTORY AUTHORITY: 32 MRSA §16605
RULE TITLE OR SUBJECT: Ch. 533, Maine Issuer Notification of Exemption Form
PROPOSED RULE NUMBER: 2005-P250
CONCISE SUMMARY: The-Maine Uniform Securities Act (the "Act") requires that all securities offered for sale in Maine must either be registered with the Office of Securities or meet one of the statutory exemptions from registration. Section 16202(15) provides an exemption for issuers that are based in Maine and that are offering securities through a "limited private offering," as that term is described in the Act. This chapter adopts the "Notification of Exemption for Maine Issuers" as the form that Maine issuers must use to file for this exemption and provide to each person that the issuer is offering these securities in reliance on the exemption.
STATUTORY AUTHORITY: 32 MRSA §§ 16202(15)(E) and 16605
RULE TITLE OR SUBJECT: Ch. 534, Limited Private Offering Exemptions; Purchasers Present in This State and Single Issue
PROPOSED RULE NUMBER: 2005-P251
CONCISE SUMMARY: The Maine Uniform Securities Act (the "Act") requires that all securities offered for sale in Maine must either he registered with the Office of Securities or meet one of the statutory exemptions from registration. Two of these exemptions, found at 32 MRSA §16202(14) and (15), apply to certain private offerings that are sold to a limited number of purchasers who are present in Maine during any 12 consecutive months. This chapter describes how to calculate the number of purchasers of one of these offerings. It also describes the factors that are used to determine whether two or more offerings will be considered one offering for purposes of these exemptions.
STATUT0RY AUTHORITY: 32 MRSA §16605
RULE TITLE OR SUBJECT: Ch. 536, Securities Manuals
PROPOSED RULE NUMBER: 2005-P252
CONCISE SUMMARY: The Maine Uniform Securities Act (the "Act") requires that all securities offered for sale in Maine must either be registered with the Office of Securities at meet one of the statutory exemptions from registration. Section 16202(2) of the Act provides a registration exemption for certain securities when, among other things, specified information about the issuer of the securities is contained in a “nationally recognized securities manual" that is designated as such within a rule or order of the Securities Administrator. This chapter designates several securities manuals that issuers can use for purposes of meeting this exemption.
STATUTORY AUTHORITY: 32 MRSA §§ 16202(2)(D) and 16605
RULE TITLE OR SUBJECT: Ch. 542, Model Rescission Offer Forms
PROPOSED RULE NUMBER: 2005-P253
CONCISE SUMMARY: The ·Maine Uniform Securities Act ("the Act") allows for private civil actions to be filed in some circumstances against those who violate the Act. Persons with the right to bring such an action lose that right if the alleged violator makes a rescission offer to them, so long as that offer contains the information required by §16510 of the Act. That section also allows the Securities Administrator to prescribe, by rule, the form that a proper rescission offer must take. This chapter adopts two model rescission offer forms that issuers may use to offer rescission in compliance with §16510.
STATUTORY AUTHORITY: 32 MRSA §§ 16510(2) and 16605
REPEALS
A copy of the rule to be repealed may be obtained on the Office of Securities website, www.MaineSecuritiesReg.org, or by contacting the Office of Securities at 121 State House Station, Augusta, Maine 04333-0121.
RULE TITLE OR SUBJECT: REPEAL Ch. 505, General Definitions
PROPOSED RULE NUMBER: 2005-P254
CONCISE SUMMARY: The Office of Securities is proposing to repeal Ch. 505 because each term that is defined therein is being defined instead in any other rule that uses that term. This will make the definition of these terms more easily accessible to persons reading the agency's rules. Ch. 505 will therefore be unnecessary.
STATUTORY AUTHORITY: 32 MRSA §10703(1)(B)
RULE TITLE OR SUBJECT: REPEAL Ch. 535, Rule Exempting Certain Exchange Listed Securities
PROPOSED RULE NUMBER: 2005-P260
CONCISE SUMMARY: The Office of Securities is proposing to repeal Ch. 535 because states are now preempted under federal law from requiring registration of any securities listed or approved for listing on the exchanges named in this chapter. Given this preemption, it is unnecessary to have a rule that specifically exempts such securities from the Act's registration requirements.
STATUTORY AUTHORITY: 32 MRSA §§ 10502(3) and 10703
AMENDMENTS
On December 31, 2005, a new statute, the Maine Uniform Securities Act ("the Act"), takes effect and replaces the existing state securities statute. The Act has different section numbers and in some cases uses different terminology from the existing statute. These statutory changes require that all existing rules be amended to reflect new citations and new terminology. A copy of any of the proposed rules may be obtained on the Office of Securities website, www.MaineSecuritiesReg.org, or by contacting the Office of Securities at 121 State House Station, Augusta, Maine 04333-0121.
RULE TITLE OR SUBJECT: Ch. 507, Licensing Exemption for Certain Broker-Dealers
PROPOSED RULE NUMBER: 2005-P255
CONCISE SUMMARY: This chapter exempts certain Canadian broker-dealers from Maine licensing and registration requirements. The proposed amendments also expand this exemption to cover the licensing of agents of such broker-dealers.
STATUTORY AUTHORITY: 32 MRSA §§ 16401(4), 16402(2), 16203, and 16605(1)
RULE TITLE OR SUBJECT: Ch. 510, Broker-Dealers, Investment Advisers, and Others Using the Internet for General Dissemination of Information about Securities Products and Services
PROPOSED RULE NUMBER: 2005-P256
CONCISE SUMMARY: This chapter clarifies when the licensing requirements of the Act apply to persons who distribute information on securities products and services through Internet communications available to persons in Maine.
STATUTORY AUTHORITY: 32 MRSA §§ 16401-16404 and 16605
RULE TITLE OR SUBJECT: Ch. 515, Investment Adviser Licensing
PROPOSED RULE NUMBER: 2005-P257
CONCISE SUMMARY: This chapter outlines the procedures for the licensing of investment advisers and investment adviser representatives in Maine. The proposed amendments would also change the custody provisions of the chapter to exempt investment advisers from additional record-keeping and net worth requirements if certain safeguards are met. The unethical practices provision of the rule would also be amended to specify that investment adviser representatives are also subject to that provision.
STATUTORY AUTHORITY: 32 MRSA §§ 16102, 16405, 16406, 16408 and 16409
RULE TITLE OR SUBJECT: Ch. 525, Rule Regarding Small Company Offering Registrations
PROPOSED RULE NUMBER: 2005-P258
CONCISE SUMMARY: This chapter simplifies the registration process for small companies that wish to offer and sell their securities to the public.
STATUTORY AUTHORITY: 32 MRSA §§ 16304(6), 16305(7) and 16605
RULE TITLE OR SUBJECT: Ch. 532, Securities Offerings on the Internet
PROPOSED RULE NUMBER: 2005-P259
CONCISE SUMMARY: This chapter clarifies when an offer for sale of securities on the Internet is exempt from the registration requirements of the Act.
STATUTORY AUTHORITY: 32 MRSA §§ 16203 and 16605
RULE TITLE OR SUBJECT: Ch. 537, Exemption for Offers and Sales to Accredited Investors
PROPOSED RULE NUMBER: 2005-P261
CONCISE SUMMARY: This chapter exempts from the Act’s registration requirements any offers and sales of securities to accredited investors. It also exempts from the Act’s licensing requirements any agents of the issuers offering those securities.
STATUTORY AUTHORITY: 32 MRSA §§ 16203,16402(2)(I), and 16605
RULE TITLE OR SUBJECT: Ch. 538, Exemption for Offers and Sales to the Finance Authority of Maine
PROPOSED RULE NUMBER: 2005-P262
CONCISE SUMMARY: This chapter exempts from the Act's registration requirements any offers and sales of securities to the Finance Authority of Maine. It also exempts from the Act's licensing requirements any agents of the issuers effecting those transactions.
STATUTORY AUTHORITY: 32 MRSA §§ 16402(2)(I), 16203, and 16605
RULE TITLE OR SUBJECT: Ch. 539, Offers and Sales of Viatical or Life Settlement Contracts
PROPOSED RULE NUMBER: 2005-P263
CONCISE SUMMARY: This chapter describes the disclosure and new notice filing requirements that issuers must meet in order to avail themselves of a statutory exemption from the Act's registration requirements for offers or sales of viatical or life settlement contracts. This chapter does not exempt from the Act's licensing requirements any broker-dealers or agents who offer or sell these securities.
STATUTORY AUTHORITY: 32 MRSA §16605
RULE TITLE OR SUBJECT: Ch. 540, Adjudicatory Proceedings Rule
PROPOSED RULE NUMBER: 2005-P264
CONCISE SUMMARY: This chapter establishes the procedures for the conduct of adjudicatory proceedings before the Office of Securities. The proposed amendments would also remove the provision that allows persons not authorized to practice law in Maine to represent parties in such proceedings, as that provision is in apparent conflict with other Maine law.
STATUTORY AUTHORITY: 5 MRSA §8051 and 32 MRSA §16605
RULE TITLE OR SUBJECT: Ch. 541, Initial and Annual Renewal Fees
PROPOSED RULE NUMBER: 2005-P265
CONCISE SUMMARY: The Maine Uniform Securities Act mandates that the Securities Administrator set licensing, renewal, and notice fees beneath statutory fee caps. This chapter currently sets the fee only for renewals of agent licenses. Given the new statutory mandate, the proposed amendments would set forth all fees for broker-dealers, agents, investment advisers, and their representatives, federal covered investment advisers, and branch offices.
STATUTORY AUTHORITY: 32 MRSA §§ 16410(1) and 16605
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: Wednesday, November 16, 2005, 1:00 p.m. to 5:00 p.m., Central Conference Room, Department of Professional and Financial Regulation, 124 Northern Avenue, Gardiner, Maine
DEADLINE FOR COMMENTS: November 28, 2005
AGENCY CONTACT PERSON: Michael J. Colleran, Securities Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 02 – Department of Professional and Financial Regulation:
02-029 - Bureau of Financial Institutions, AND
02-032 - Office of Securities
RULE TITLE OR SUBJECT:
02 029 Ch. 129, jointly with 02-032 Ch. 506, Financial Institutions and Broker-Dealers Engaging in Third Party Brokerage Transactions
PROPOSED RULE NUMBER: 2005-P266 and P267
CONCISE SUMMARY: On December 31, 2005, a new statute, the Maine Uniform Securities Act (“the Act”), takes effect and replaces the existing state securities statute. The Act has different section numbers and in some cases uses different terminology from the existing statute. These statutory changes require that all existing rules be amended to reflect new citations and new terminology. This joint rule allows financial institutions to enter into agreements with licensed broker-dealers to offer securities transactions to customers of the financial institution without requiring the financial institution to become licensed in Maine as a broker-dealer.
Comments for the Office of Securities may be directed to Securities Administrator Michael J. Colleran. Comments for the Bureau of Financial Institutions may be directed to the Superintendent, Lloyd P. LaFountain, III. A copy of the proposed rule may be obtained on the Office of Securities website, www.MaineSecuritiesReg.org or on the Bureau of Financial Institutions website, www.MaineBankingReg.org or by contacting the Office of Securities at 121 State House Station, Augusta, Maine 04333-0121, or the Bureau of Financial Institutions at 36 State House Station, Augusta, Maine 04333-0036.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 9-B MRSA §§ 111 and 241; 32 MRSA §16605
PUBLIC HEARING: Wednesday, November 16, 2005,1:00 p.m. to 5:00 p.m., Central Conference Room, Department of Professional and Financial Regulation, 124 Northern Avenue, Gardiner, Maine.
DEADLINE FOR COMMENTS: November 28, 2005
AGENCY CONTACT PERSON: Lloyd P. LaFountain, III, Superintendent
AGENCY NAME: Bureau of Financial Institutions
ADDRESS: 36 State House Station, Augusta, ME 04333-0036
TELEPHONE: (207) 624-8570
AGENCY CONTACT PERSON: Michael J: Colleran, Securities Administrator
AGENCY NAME: Office of Securities
ADDRESS: 121 State House Station, Augusta, ME 04333-0121
TELEPHONE: (207) 624-8551


AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
RULE TITLE OR SUBJECT: Ch. 101, MaineCare Benefits Manual: Ch. III Section 113, Transportation Services
PROPOSED RULE NUMBER: 2005-P268
CONCISE SUMMARY: The Office of Maine Care Services is proposing changes to the MaineCare Benefits Manual (MBM), Ch. III Section 113, Transportation Services. This proposed rule would permanently adopt the emergency rulemaking currently in effect. The emergency rulemaking increased the mileage rate for family and volunteer transportation services. The family vehicle mileage reimbursement rate (T043) has increased from $0.15 cents per mile to $0.22 cents per mile. The volunteer vehicle mileage reimbursement rate (T033) has increased from the State's set rate to $0.44 cents per mile. The Department also proposes to replace selected local codes with codes from the Healthcare Common Procedure Coding System (HCPCS) for a more unified method of billing for professional services.
Other minor edits and reorganization of Ch. III are included in this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §42, §3173
PUBLIC HEARING:
Date: November 14, 2005, 9:00 a.m.
Location: Conference Room #3, Department of Health and Human Services, 442 Civic Center Drive, Augusta, ME. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before November 10, 2005.
DEADLINE FOR COMMENTS: Comments must be received by 11:59 p.m. on November 28, 2005.
AGENCY CONTACT PERSON: Janie Turner, Comprehensive Health Planner
AGENCY NAME: Office of MaineCare Services
ADDRESS: 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-9361
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 05-075 - State Board of Education
RULE TITLE OR SUBJECT: Ch. 115, Certification, Authorization, and Approval of Education Personnel, Part I and Part II
PROPOSED RULE NUMBER: 2005-P269
CONCISE SUMMARY: Proposed amendments to Chapter 115, Part I and Part II include the addition of a new certificate, the Interim Superintendent Certificate, which would allow a school superintendent whose superintendent certificate had lapsed to be employed in a school district as an interim superintendent for a period of up to two years; the removal of reference to the current testing requirement for a targeted need certificate for prelingually deaf certification candidates; and, the addition of clarifying language that was inadvertently deleted in a prior rule revision in the following teacher endorsements; middle level, foreign language, literacy specialist, and career and technical.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §13011(1)
PUBLIC HEARING: November 14, 2005, Burton M. Cross State Office Building, ATM Room 103, 3:30- 4:30 p.m., Augusta and three remote ATM sites: Calais High School, Calais; MSAD 1 Presque High School, Presque Isle; and MSAD 6, Bonney Eagle High School, Standish.
DEADLINE FOR COMMENTS: November 30, 2005
AGENCY CONTACT PERSON: Judith Malcolm, Education Policy Director
AGENCY NAME: Department of Education
ADDRESS: 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6845


AGENCY: 06-096 - Maine Department of Environmental Protection
RULE TITLE OR SUBJECT: REVISIONS to the Solid Waste Management Rules:
Ch. 418, Beneficial Use of Solid Waste; Ch. 402, Transfer Stations and Storage Sites for Solid Waste; Ch. 405, Water Quality Monitoring, Leachate Monitoring, and Waste Characterization; and Ch. 409, Processing Facilities
PROPOSED RULE NUMBER: 2005-P270 thru P273
CONCISE SUMMARY: The Department of Environmental Protection is posting draft changes to Chapters 418, 402, 405 and 409 of the Solid Waste Management Rules for public hearing and public comment. The proposed changes primarily apply to Chapter 418, Beneficial Use of Solid Waste. These include, but are not limited to, the following:
* modify the current prohibition on the beneficial use of dioxin-containing waste;
* include a residentially based dioxin screening standard in Appendix A that will trigger risk assessment and/or risk management requirements;
* establish new standards and requirements for the use of solid wastes as fuel in boilers or cement kilns as substitutes for conventional fuels especially relative to the use of wood from construction and demolition debris ("CDD wood") for fuel in biomass boilers; and
* establish a transition provision that requires previously licensed beneficial uses to comply with new operating provisions by June 2006.
Draft changes in Chapters 402, 405 and 409 would modify those chapters concerning the sorting, processing and characterization method for CDD wood to remove contaminated materials, including arsenic treated wood, in order to meet the fuel quality standards proposed in Chapter 418.
THIS RULE WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 38 MRSA §1304(1)
PUBLIC HEARING: November 17, 2005 at 1:30 p.m., Holiday Inn/Ground Round, 110 Community Drive, Augusta, Maine
DEADLINE FOR COMMENTS: November 28, 2005
AGENCY CONTACT PERSON: Jim S. Glasgow
AGENCY NAME: Dept. of Environmental Protection
ADDRESS: 17 State House Station, Augusta, ME 04333-0017
TELEPHONE: (207) 822-6358
FAX: (207) 287-7826
E-MAIL: Jim.S.Glasgow@maine.gov


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 611, Maine College Savings Program, Amendment 8
PROPOSED RULE NUMBER: 2005-P274
CONCISE SUMMARY: The rule amendment creates Enhanced Need Scholarships for Maine's students identified as having significant need of student financial assistance. It creates the First Steps Matching Grant, providing $50 to families of all children born in Maine in 2006, to be used to open NextGen College Savings Accounts. The amendments also make modifications to make the rule consistent with the Internal Revenue Code.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA §969-A; 20-A MRSA §11485
PUBLIC HEARING: November 15, 2005, 10:00 a.m., Holiday Inn, 88 Spring Street, Portland, Maine
DEADLINE FOR COMMENTS: Written comments are requested on or before November 15, 2005, but will be accepted on or before November 28, 2005. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive, Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
TDD: (207) 626-2715
FAX: (207) 623-0095


ADOPTIONS

AGENCY: 06-096 - Department of Environmental Protection
CHAPTER NUMBER AND TITLE:
Ch. 500, Stormwater Management Law
Ch. 502, Lakes Most at Risk from New Development and Urban Impaired Streams
ADOPTED RULE NUMBER: 2005-417 and 418
CONCISE SUMMARY: The Maine Department of Environmental Protection is revising Chapters 500 and 502, which affect how stormwater is regulated in the State of Maine. The changes will improve the regulatory program and satisfy the requirements of 2003 Public Law Chapter 607 that was enacted by the second regular session of the 12lst Maine Legislature. Chapter 607 allowed the Board of Environmental Protection to adopt changes that do not conform to existing statutory language in Title 38, Section 420-D, Stormwater Management Law and declared these rules major substantive. These rules were provisionally adopted by the Board on November 4, 2004 and submitted to the First Regular Session of the 122nd Legislature in January of 2005. In addition, the Department submitted a bill to the Legislature to amend existing Section 420-D of the Stormwater Management Law to resolve inconsistencies between that statutory provision and the provisionally adopted rules.
Improving the effectiveness of stormwater management in Maine relies largely on providing an effective and understandable regulation. Together, stakeholders and Department staff have crafted a regulation that will provide increased protection for the water quality of Maine's protected natural resources, while simplifying the permit process. During the legislative consideration of the provisionally adopted rules, several changes were made to the text of Ch. 500; these changes were deemed to be minor and were incorporated through the Natural Resource Committee's approval of the legislation.
The Natural Resource Committee concurred with the findings of the stakeholders, the Department and the Board that the revised stormwater regulations result in more meaningful protection, do not foster the unintended consequence of sprawl, as defined by state policy, are more understandable, and do not conflict with other major environmental initiatives.
The rules are posted on the Department's web site at http://www.maine.gov/dep/blwq/rule.htm.
EFFECTIVE DATE: November 16, 2005
AGENCY CONTACT PERSON: Judy Gates, Licensing Coordinator
AGENCY NAME: Department of Environmental Protection
ADDRESS: 17 State House Station Augusta, ME 04333
TELEPHONE: (207) 287-7691
E-MAIL: judy.gates@maine.gov


AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 2.80, Marking Procedures for Aquaculture Leases
Ch. 2.37(1)(A)(2), Navigation
Ch. 2.90(6)(B), Limited-purpose Aquaculture License Maintenance Standards
ADOPTED RULE NUMBER: 2005-420
CONCISE SUMMARY: The adopted regulations update and clarify the marking procedures for aquaculture leases and limited-purpose aquaculture license sites. The requirement for use of “reflective or retro reflective tape” has been removed; the term “marked floating devices” replaces references to signs and buoys; the Department’s unique lease identifier is required on boundary marking devices; interior and gear markers must be easily distinguishable from boundary markers; alternative marking requirements may be applied on a case by case basis in the decision process; and references to Coast Guard marking requirements have been added and clarified.
EFFECTIVE DATE: January 1, 2006
CHAPTER NUMBER AND TITLE: Ch. 15.02(A)(94), Definitions
ADOPTED RULE NUMBER: 2005-421
CONCISE SUMMARY: The reference to certified dealers who possess a current wet storage permit contained in the definition of “wet storage” has been removed. This change is considered necessary to remove a potential legal loop hole that could be interpreted to allow persons other than “currently permitted certified dealers” to conduct wet storage activities contrary to the intent of the regulations or, could be interpreted to unintentionally prohibit certified dealers to wet store shellstock when possessing a current permit.
EFFECTIVE DATE: October 24, 2005
CHAPTER NUMBER AND TITLE: Ch. 25.07(B)(4), ASMFC Lobster Management Areas and Limitations, Lobster Fishing Limitations
ADOPTED RULE NUMBER: 2005-422
CONCISE SUMMARY: In accordance with the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan (FMP) for American lobster and recent legislative changes the Department has deleted the exception for minimum gauge size in order to comply with the requirements of the FMP and for consistency with Maine law as amended. A clarification has also been made regarding the requirement that all fisheries management zones fished be declared on a license application for consistency within the regulations.
EFFECTIVE DATE: October 24, 2005
CHAPTER NUMBER AND TITLE: Ch. 34.10(1)(B)(4)(d), Commercial Effort Restrictions, Monkfish
ADOPTED RULE NUMBER: 2005-423
CONCISE SUMMARY: In accordance with the New England Fisheries Management Council, Amendment 2 to the Fisheries Plan for Monkfish, and for consistency with the National Marine Fisheries Service federal regulations, the Department adopts regulations for monkfish. This adopted regulation establishes a minimum fish size of 17 inches total length or 11 inches tail length; and a vessel trip limit of 150 pounds of monkfish tails or 498 pounds of whole weight monkfish.
EFFECTIVE DATE: October 24, 2005
CHAPTER NUMBER AND TITLE: Ch. 65, Burnt Island, Living Lighthouse and facilities
ADOPTED RULE NUMBER: 2005-424
CONCISE SUMMARY: Regulations have been adopted for restrictions on public access to the Burnt Island and the Burnt Island Living Lighthouse facilities. These restrictions are intended to protect and preserve Burnt Island and its intended uses, which is part of the Maine Lights Program and Department of Marine Resources sponsored educational programs conducted on Burnt Island, Southport.
EFFECTIVE DATE: October 24, 2005
CHAPTER NUMBER AND TITLE: Ch. 100, Grievance Procedures for the Handicapped
ADOPTED RULE NUMBER: 2005-425
CONCISE SUMMARY: The contact information and title, telephone number and address have been updated.
EFFECTIVE DATE: October 24, 2005
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. 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 (Deaf/Hard of Hearing)