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Home > Weekly Newspaper Notices > March 21, 2007

March 21, 2007

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 internet at: http://www.maine.gov/sos/cec/rules.


PROPOSALS



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 25, Lobster and Crab: 25.96(B)(2)(e), Zone A Apprentice Requirement; and Ch. 25.96(B)(3)(b)(ii)(2)(e), Zone A Apprentice Sponsor Requirement
PROPOSED RULE NUMBER: 2007-P58
CONCISE SUMMARY: The Department of Marine Resources proposes regulations in Ch. 25.96 based on a referendum response by Zone A members and a recommendation by the Zone A Lobster Management Council members to the Commissioner submitted in accordance with the provisions of 12 MRSA §6447(6). These proposed regulations would establish two new requirements in Zone A. Apprentices who wish to enter Zone A must complete their apprenticeship in that zone, and sponsors of Zone A apprentices must have held a Class I, II or III lobster and crab fishing license for at least 5 years. In accordance with 12 MRSA §6447(5C)(C) paragraph 2, Ch. 25.96(B)(2)(e) will not apply to those portions of the apprentice program requirements a person has completed prior to the effective date of this rule.
STATUTORY AUTHORITY: 12 MRSA §6447
AGENCY CONTACT PERSON: Sarah Cotnoir (tel: 207-624-6596)
PUBLIC HEARING: Wednesday, April 11, 2007, 6:00 p.m., UMM, Science Lecture Hall (Rm 102), 9 O’Brien Ave., Univ. of Maine, Machias
DEADLINE FOR WRITTEN COMMENTS*: April 21, 2007
RULE TITLE OR SUBJECT: Ch. 8, Landings Program: Dealer Comprehensive Reporting, Consolidation & Updates
PROPOSED RULE NUMBER: 2007-P59
CONCISE SUMMARY: The proposed rules consolidate and update all dealer reporting requirements by standardizing reported data elements and requiring dealers to report on all species landed. This would create a comprehensive reporting program for all species landed, bringing Maine further into compliance with the Atlantic Coastal Cooperative Statistics Program and various fisheries management plans. Comprehensive data would enable the DMR to improve its monitoring and management of Maine’s fisheries.
STATUTORY AUTHORITY: 12 MRSA §6171, §6173
AGENCY CONTACT PERSONS: Heidi Bray (tel: 207-633-9504) or David Libby (tel: 207-633-9532)
PUBLIC HEARINGS: Mon., April 9, 2007, 6:00 p.m., City Hall 3rd Floor Auditorium, One City Hall Plaza, Ellsworth
Tue., April 10, 2007, 6:00 p.m., Municipal Building, Chamber Room B, 259 US Route One, Scarborough
Fri., April 13, 2007, 6:00 p.m., Lincoln County Communication Center, Meet Room (lower entrance behind the courthouse), Route 1, Wiscasset
DEADLINE FOR WRITTEN COMMENTS*: April 23, 2007
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
*MAIL WRITTEN COMMENTS TO:
AGENCY NAME: Department of Marine Resources
ADDRESS: Attn. L Churchill, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
FAX: (207) 633-9579
TTY: (207) 633-9500 (Deaf/Hard of Hearing)


ADOPTIONS



AGENCY: 02-385 - Manufactured Housing Board
CHAPTER NUMBER AND TITLE: Rules for State Certification of Manufactured Housing:
Ch. 110, State Certification of Manufactured Housing - Authority (amended)
Rules for Licensing Manufacturers, Dealers, Developer Dealers, Installers and Mechanics:
Ch. 310, Licensing - Authority (repealed)
Ch. 320, Licensing - Definitions (repealed and replaced)
Ch. 330, Licensing - Administration (repealed)
Ch. 340, Licensing - Licenses (repealed and replaced)
Ch. 350, Licensing - Scope of Practice, Obligations of Licensees, Prohibited Practices [formerly entitled Licensing - Prohibited Practices] (repealed and replaced)
Ch. 360, Licensing - Inspections (repealed)
Ch. 370, Licensing - Complaints and Investigations (repealed and replaced)
Ch. 380, Licensing - Adoption of Codes and Standards (amended)
Ch. 381, Home Installation Warranty Seal (repealed and replaced)
ADOPTED RULE NUMBER: 2007-85 through 94
CONCISE SUMMARY: In this rulemaking proceeding the board exempted manufacturers from complying with provisions of NFPA Standard 211 relating to chimney maintenance and inspection of existing chimneys (Ch. 110), and made a large number of changes to the licensing chapters of the board's rules (Ch. 310 - 381). Major changes include: (1) defining the "A" and "B" work in modular home installation, (2) defining and imposing a standard of journeyman quality workmanship on all licensees, (3) adding standards for the licensure of dealer-developers, (4) establishing standards for the business locations of dealers who are initially licensed on or after the effective date of these rules, (5) reformulating the permissible scope of practice for the different license categories, (6) setting forth affirmative obligations of licensees, including the obligation of journeyman quality workmanship, the obligation to provide service records, and the obligation to retain records, (7) setting forth prohibited practices, (8) reorganizing the board's complaint investigation procedures, and (9) giving manufacturers slightly more latitude in the placement of the State of Maine Installation Warranty Seal.
EFFECTIVE DATE: March 14, 2007
AGENCY CONTACT PERSON: Robert V. LeClair, Office of Licensing and Registration, 35 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-8678



AGENCY: 90-590 - Maine Health Data Organization
CHAPTER NUMBER AND TITLE: Ch. 241, Uniform Reporting System for Hospital Inpatient and Hospital Outpatient Data Sets
ADOPTED RULE NUMBER: 2007-95
CONCISE SUMMARY: This rule change provides minor technical modifications and standardizes the present on admission indicator with the national (NUBC) definitions. It also includes the addition of a category to the ethnicity data element.
See www.maine.gov/mhdo for MHDO adopted rules.
EFFECTIVE DATE: March 18, 2007
CONTACT PERSON: Alan M. Prysunka, Executive Director, Maine Health Data Organization, 151 Capitol Street, 102 State House Station, Augusta, ME 04333-0102
TELEPHONE: (207) 287-6722



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.05, Moose Hunting
ADOPTED RULE NUMBER: 2007-96
CONCISE SUMMARY: The Department of Inland Fisheries & Wildlife has adopted a rule establishing the number of moose permits to be issued for the 2007 moose hunting season. As in 2006, permits will be issued for bulls and antlerless moose in each of the WMDs with permit allocations. In WMDs 1, 2, 3, 4, 5, 6, 11 and 19 the season will open on Monday following the close of the bear baiting season and remain open for 6 days. In WMDs 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 18, 19, 27 and 28 the season begins on the second Monday of October and remains open for 6 days. Permits are allocated according to Wildlife Management District as follows:

  WMD 1 - 120 bulls / 20 antlerless
WMD 2 - 95 bulls
WMD 3 - 225 bulls / 230 antlerless
WMD 4 - 255 bulls
WMD 5 - 125 bulls
WMD 6 - 220 bulls / 280 antlerless
WMD 7 - 125 bulls
WMD 8 - 235 bulls
WMD 9 - 50 bulls
WMD 10 - 100 bulls / 10 antlerless
WMD 11 - 160 bulls / 120 antlerless
WMD 12 - 35 bulls / 20 antlerless
WMD 13 - 35 bulls / 10 antlerless
WMD 14 - 35 bulls
WMD 17 - 30 bulls / 30 antlerless
WMD 18 - 80 bulls / 20 antlerless
WMD 19 - 90 bulls /15 antlerless
WMD 27 - 25 bulls / 5 antlerless
WMD 28 - 60 bulls / 20 antlerless
TOTAL: 2,100 bulls / 780 antlerless
EFFECTIVE DATE: March 19, 2007
AGENCY CONTACT PERSON: Andrea L. Erskine, Department of Inland Fisheries & Wildlife, 284 State Street, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201



AGENCY: 09-137 – Department of Inland Fisheries & Wildlife
TYPE OF RULE: Motor-size Restrictions on Certain Inland Waters
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations
ADOPTED RULE NUMBER: 2007-97
CONCISE SUMMARY: The Commissioner of Inland Fisheries and wildlife has adopted a rule establishing a motor-size restriction on Nadeau Lake, located in the town of Fort Fairfield, Aroostook County. Motorboats with more than 10 horsepower will be prohibited on this body of water.
EFFECTIVE DATE: March 19, 2007
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041; TELEPHONE: (207) 287-5201