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August 8, 2007
As posted in 5 daily Maine newspapers
NOTICE OF STATE RULE-MAKING
|Wildlife Management Districts 1, 2, 3, 4, 5, 6, 8||November 1 - April 30|
|Wildlife Management Districts 7, 13, 14, 17||December 1 - March 31|
|Wildlife Management Districts 9, 10, 11, 18, 19, 28||November 1 – April 15|
|Wildlife Management Districts 12, 15, 16, 23, 25, 26, 27, 29||December 1 - February 28|
|Wildlife Management Districts 20, 21, 22, 24||December 15 - February 28|
AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34(1)(B)(4)(b), Atlantic Halibut, and Ch. 8.20(F), Landings Program, Halibut reporting
PROPOSED RULE NUMBER: 2007-P182 and P183
CONCISE SUMMARY: The proposed amendments to the Atlantic Halibut rules include the following changes. The minimum size would be increased to 38 inches total length; the maximum hook size would be adjusted from “14 oo” or greater circle hooks to 14/0 or 16/0 circle hooks only; fish that are landed would be tagged with a DMR approved landing tag around the tail (landing tags would be a separate type of tag from the research survey tags); surface marking buoys must display owner information; the four (4) fish per day limit would be removed and clarifications would be made to the rules about the information on the training program for the tagging research. These amendments are proposed for improved conservation, enforcement and clarification based upon data collected since the program was initiated in 2002. The proposed landing tags would initially be provided by the Department and later at a nominal cost similar to other tagging programs; the fee for the landings tag is proposed in a separate rulemaking. These proposed regulations would be effective for the fishing season starting in 2008. Also, the reporting section in Ch. 8 would be updated. Copies of the entire Ch. 34 and 8 are available on the web at: http://www.maine.gov/sos/cec/rules/13/chaps13.htm.
STATUTORY AUTHORITY: 12 MRSA §6171 and §6173
RULE TITLE OR SUBJECT: Ch. 34(1)(B)(4)(b)(viii), Atlantic Halibut, Landings tag, proposed fee
PROPOSED RULE NUMBER: 2007-P184
CONCISE SUMMARY: The proposed landing tags for Atlantic halibut would initially be provided by the Department at a nominal cost similar to other tagging programs; the fee for the landings tag is proposed in accordance with 5 MRSA §8071(3)(B) 2nd paragraph: “The establishment or amendment of an agency fee by rulemaking is a major substantive rule, except for the establishment or amendment of a fee that falls under a cap or within a range set in statute, which is a routine technical rule”. One hundred percent of the charge for the tags would go directly to halibut research and the tag administration. This proposed regulation is anticipated to be effective for the fishing season starting in 2008, pending legislative review of this major-substantive rule.
STATUTORY AUTHORITY: 12 MRSA §6171 and 5 MRSA §8071 (Major Substantive)
AGENCY CONTACT PERSONS: Kohl Kanwit or Bruce Joule (tel: 207-633-9500) or Lt. Alan Talbot (tel: 207-667-3373)
PUBLIC HEARINGS: Monday, August 27, 2007, 6:00 PM*, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth and Tuesday, August 28, 2007, 6:00 PM*, Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
*Public hearings for Ch. 34 Halibut rules and updated reporting rules in Ch. 8; and Ch. 34 Halibut landings tag fees (see separate rulemaking notice) will be held on August 27 and 28, 2007, beginning with the hearings on Ch. 34 Halibut rules at 6:00 P.M., and being followed by a separate hearing on the landings fee proposed rule, immediately upon the conclusion of the previous hearing. If you are unable to attend a hearing persons are encouraged to submit written comments from the receipt or posting of this notice through close of business on the deadline for comments listed.
DEADLINE FOR WRITTEN COMMENTS**: Friday, September 7, 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)
Hearing facilities: If you require accommodations due to disability, please contact Kim Pierce, at (207) 287-5055
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 25, Allowances for Dental Services, page 22
PROPOSED RULE NUMBER: 2007-P185
CONCISE SUMMARY: The proposed rule increases the allowed rates for dental codes D5931 (obturator prosthesis, surgical) and D5932 (obturator prosthesis, definitive) in an effort to make the aforementioned dental codes more equitable with the equivalent Common Procedural Terminology (CPT) codes that are reimbursable by MaineCare.
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
Date: August, 28, 2007, 1:00 p.m.
Location: Conference Room # lA, Department of Health and Human Services, Office of MaineCare 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 August 22, 2007.
DEADLINE FOR COMMENTS: Comments must be received by midnight September 7, 2007
AGENCY CONTACT PERSON: Nicole Rooney, Comprehensive Health Planner, Office of MaineCare Services, 442 Civic Center Drive, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 287-4460
FAX: (207) 287-9369
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)
AGENCY: 12-181 - Maine Department of Labor Bureau of Employment Services
CHAPTER NUMBER AND TITLE: Ch. 1, Rules Relating to Labor Standards for Registration of Apprenticeship Programs
ADOPTED RULE NUMBER: 2007-313
CONCISE SUMMARY: This is an amendment to the rules that set forth the process for registration and deregistration of apprenticeship agreements or programs. The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.”
CHAPTER NUMBER AND TITLE: Ch. 2, Rules Relating to Labor Standards for Equal Opportunity for Employment of Women and Minorities in Registered Apprenticeship Programs in the State of Maine
ADOPTED RULE NUMBER: 2007-314
CONCISE SUMMARY: The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.” The definition of “minority” was also amended to conform with the definition found in federal regulations.
CHAPTER NUMBER AND TITLE: Ch. 3, Rules Relating to Labor Standards for Registration of Apprenticeship Programs
ADOPTED RULE NUMBER: 2007-315
CONCISE SUMMARY: This is an amendment to the rules that set forth the process for registration and deregistration of pre-apprenticeship agreements or programs. The rules are being amended to conform with statutory changes, specifically changes to correct statutory citations and also to change the name of the “Maine State Apprenticeship Council” to its new name “Maine Standing Committee on Apprenticeship.”
EFFECTIVE DATE: August 1, 2007
AGENCY CONTACT PERSON: Gene Ellis, Director of Apprenticeship Standards, MDOL Bureau of Employment Services, 55 State House Station, Augusta, ME 04333-0055
TELEPHONE: (207) 623-7990
AGENCY: 10-144 - Department of Health and Human Services, Office of Integrated Access and Support
CHAPTER NUMBER AND TITLE: Ch. 332, MaineCare Eligibility Manual, Rev. #237E: Community Spouse Minimum Standard and Shelter Allowance and HIV Waiver Limited Benefits Premiums - 2007
ADOPTED RULE NUMBER: 2007-316
CONCISE SUMMARY: For Nursing Facility Residents: The minimum amount of monthly income that can be sent to the community spouse and the excess shelter allowance are increasing. This results in the community spouse having more monthly income to pay for basic expenses for food, housing, heat, etc.
For HIV Limited Benefits recipients: The premiums are updated annually to comply with the Waiver agreement between DHHS and CMS.
EFFECTIVE DATE: July 1, 2007
AGENCY CONTACT PERSON: Bethany Hamm, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 268 Whitten Road, Augusta ME 04333-0011
TELEPHONE: (207) 287-5093
TTY: (800) 606-0215
AGENCY: 01-001 - Department of Agriculture, Food and Rural Resources
CHAPTER NUMBER AND TITLE: Ch. 266, Hemlock Woolly Adelgid Quarantine
ADOPTED RULE NUMBER: 2007-317
CONCISE SUMMARY: This proposed rule modifies the existing Hemlock Woolly Adelgid quarantine by adding six towns in Maine and additional counties in other states that have been found to be infested with this pest to the area under quarantine. It also simplifies some of the reporting requirements imposed on State Plant Regulatory Officials in states that are free of this pest.
EFFECTIVE DATE: August 5, 2007
AGENCY CONTACT PERSON: E. Ann Gibbs, Division of Plant Industry, Maine Department of Agriculture, Food and Rural Resources, 28 State House Station, Augusta, Maine 04333
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