April 9, 2008
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.
NOTICE OF PUBLIC WORKSHOPS
LAND USE REGULATION COMMISSION
WORKSHOP DRAFT of the 2008 COMPREHENSIVE LAND USE PLAN
The Land Use Regulation Commission is seeking public comment on the Workshop Draft of the 2008 Comprehensive Land Use Plan. The Land Use Regulation Commission is charged with planning for future growth within its jurisdiction. For this reason, the Commission's Comprehensive Land Use Plan is regularly evaluated and updated in order to analyze land use and development trends and determine their effects upon the jurisdiction and to develop a future vision for the jurisdiction. The Commission staff has initiated work on the next plan revision.
These workshops are an opportunity for members of the public and interested groups to review the workshop draft of the plan and participate in public discussions in informal proceedings before a final draft is presented to the public for review and comment through the formal public hearing process.
TIME AND PLACE
Members of the public are welcome to attend and/or participate in the public workshops.
Public Workshop Schedule
Note: all workshops are from 6 to 9 p.m.
Sunday, April 27: University of Maine, Fort Kent, Nadeau Hall, 23 University Drive, Fort Kent, Maine
Monday, April 28: Presque Isle Inn and Convention Center, 116 Main Street, Presque Isle, Maine
Tuesday, April 29: Stearns High School, 199 State Street, Millinocket, Maine
Wednesday, April 30: Greenville High School, 130 Pritham Avenue, Greenville, Maine
Thursday, May 1: Rangeley Inn, 2443 Main Street, Rangeley, Maine
Monday, May 5: Holiday Inn by the Bay, 88 Spring Street, Portland, Maine
Wednesday, May 7: Augusta Civic Center, 76 Community Drive, Augusta, Maine
Thursday, May 8: University of Maine, Machias, Science Building, 9 Obrien Avenue, Machias, Maine
The following link to the Commission’s website will provide access to the draft plan: http://www.maine.gov/doc/lurc/reference/CLUP_Overview.shtml
HOW TO PARTICIPATE
All interested members of the public are invited to attend and offer comments which would have a bearing on this draft plan. The public is not required to submit written comments before the workshops. Members of the public may simply attend the workshops and speak.
Written comments should be sent to the Land Use Regulation Commission, 22 State House Station, Augusta, Maine, 04333-0022. Comments may also be submitted via e-mail to LURC@maine.gov.
The deadline for comments is Friday, June 6th, 2008.
Persons with disabilities planning to attend the workshops are requested to inform the Commission in advance so that arrangements can be made for services they may require.
FOR ADDITIONAL INFORMATION
A full copy of the workshop draft of the plan may be viewed at the Commission’s main office (18 Elkins Lane, Harlow Building, Augusta, Maine) or may be downloaded from the agency’s web site (www.maine.gov/doc/lurc). To view the draft plan at the Augusta office, please call the office in advance at (207) 287-2631. Persons having questions may contact LURC by e-mail (LURC@maine.gov) or telephone (207-287-2631).
AGENCY CONTACT PERSON: Sarah Giffen, Land Use Regulation Commission, Department of Conservation, 22 State House Station, Augusta, Maine 04333-0022
TELEPHONE: (207) 287-2631
AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1.02, Ice Fishing Regulations
PROPOSED RULE NUMBER: 2008-P71
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following fishing regulation:
St. John River, Aroostook County --
Open to ice fishing
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §10104
PUBLIC HEARING: April 30, 2008; Van Buren Community Center, 130 Champlain Street, Van Buren; 6:30 p.m.
DEADLINE FOR COMMENTS: May 12, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201
AGENCY: 09-137 – Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: Antlerless Deer Hunting Restrictions
PROPOSED RULE NUMBER: 2008-P72
CONCISE SUMMARY: In accordance with Title 12, MRSA, §11152, sub-§3, the Commissioner of Inland Fisheries and Wildlife proposes to adopt Antlerless Deer Hunting Restrictions for the 2008 regular and special muzzleloading deer hunting seasons and restrict the regular archery season and youth hunting day to bucks-only in those Wildlife Management Districts that have no antlerless permits being allocated. This proposal will establish specific permit allocations for the 29 Wildlife Management Districts (WMD) as follows:
WMD 1 - 0 permits
WMD 2 - 0 permits
WMD 3 - 0 permits
WMD 4 - 0 permits
WMD 5 - 0 permits
WMD 6 - 0 permits
WMD 7 - 0 permits
WMD 8 - 0 permits
WMD 9 - 0 permits
WMD 10 - 0 permits
WMD 11 - 0 permits
WMD 12 - 175 permits
WMD 13 - 325 permits
WMD 14 - 0 permits
WMD 15 – 4,800 permits
WMD 16 – 3,550 permits
WMD 17 – 8.900 permits
WMD 18 – 0 permits
WMD 19 - 0 permits
WMD 20 – 3,800 permits
WMD 21 – 4,725 permits
WMD 22 – 6,850 permits
WMD 23 – 9,925 permits
WMD 24 – 2,200 permits
WMD 25 – 3,225 permits
WMD 26 - 2,050 permits
WMD 27 - 0 permits
WMD 28 - 0 permits
WMD 29 – 600 permits
WMD 30 - 600 permits
TOTAL – 51,125
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA §11152
PUBLIC HEARINGS: April 28, 2008 @ 6:30 p.m., Greenville High School, Pritham Avenue, Greenville; May 8, 2008 @ 6:30 p.m., Presque Isle Fish and Game Club, Parson’s Road, Presque Isle.
DEADLINE FOR COMMENTS: May 19, 2008
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries & Wildlife, #41 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-5201
AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
CHAPTER NUMBER AND TITLE: Ch. 103, Recordkeeping and Retention
ADOPTED RULE NUMBER: 2008-125
CONCISE SUMMARY: This rule has been in place since January 2006 and is based on the Model Recordkeeping and Retention Regulation Adopted by the Multistate Tax Commission on January 15, 1998. The rule has been amended to clarify the provisions that pertain to electronic recordkeeping, including the fact that electronic records must be kept for as long as is required by Title 36 section 135(1) (in the case of sales tax, at least 6 years).
EFFECTIVE DATE: March 30, 2008
AGENCY CONTACT PERSON: David E. Bauer, Esq., Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9681
AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34.10(1)(B)(4)(b)(viii), Atlantic Halibut, Landings tag, fee (Major Substantive)
ADOPTED RULE NUMBER: 2008-152
CONCISE SUMMARY: Landing tags for Atlantic halibut will be required at a nominal cost similar to other tagging programs; the fee for the landings tag is adopted in accordance with 5 MRSA §8071(3)(B) subsequent to legislative review and Resolves Chapter 169, effective March 27, 2008. One hundred percent of the charge for the tags will go directly to halibut research and the tag administration.
EFFECTIVE DATE: April 30, 2008
AGENCY CONTACT PERSON: Laurice U. Churchill, Department of Marine Resources, PO Box 8, West Boothbay Harbor ME 04575-0008
WEB SITE: www.maine.gov/dmr/rulemaking
TEL: (207) 633-9584
TTY: (207) 633-9500
AGENCY: 01-026 – Department of Agriculture, Food & Rural Resources, Board of Pesticides Control
CHAPTER NUMBER AND TITLE:
Amendment to Ch. 26, Standards for Indoor Pesticide Applications And Notification for All Occupied Buildings Except K – 12 Schools
Amendment to Ch. 29, Standards for Water Quality Protection, Section 6, Buffer Requirement
ADOPTED RULE NUMBER: 2008-153 and 154
CONCISE SUMMARY: The Board has approved final adoption for major substantive amendments to two rule chapters as follows: (1) amendment to Ch. 26 to exempt crack and crevice treatments from advance notification requirements, clarify how long signs must be posted and who is responsible for providing notice, and clarify that building occupants have the right to request further information about pesticide application and (2) amendment to Ch. 29, Section 6 establishes a 25-foot setback for broadcast application of pesticides adjacent to surface waters.
EFFECTIVE DATE: May 1, 2008
AGENCY CONTACT PERSON: Henry S. Jennings, Board of Pesticides Control, 28 State House Station, Augusta, Maine 04330-0028
TELEPHONE: (207) 287-2731
AGENCY: 10-144 – Department of Health and Human Services, Maine CDC
CHAPTER NUMBER AND TITLE: Ch. 294, Rules Governing the Qualifications for Local Health Officers
ADOPTED RULE NUMBER: 2008-155
CONCISE SUMMARY: The 123rd Legislature enacted a statute requiring new training standards for local health officers to be formalized by Department rule adopted timely enough that standards can be applied by June 1, 2008. See Pub. L. 2007 ch. 462, codified at 22 MRSA §451. The Legislature made these rules “major substantive,” requiring them to be provisionally adopted in time for the Legislature to conduct its review during the 2008 session. These rules received recommendation for approval by the Legislature, which resulted in Resolve Ch. 165, “Resolve, Regarding Legislative Review of Portions of Chapter 294: Rules Governing the Qualifications for Local Health Officers, a Major Substantive Rule of the Department of Health and Human Services, Maine Center for Disease Control and Prevention.”
EFFECTIVE DATE: May 3, 2008
AGENCY CONTACT PERSON: Christine Zukas-Lessard, Deputy Director, Maine Center for Disease Control and Prevention, DHHS, 11 State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-5179
AGENCY: 65-407 - Public Utilities Commission
CHAPTER NUMBER AND TITLE: Ch. 200, Telecommunications Carrier Outage Reporting (replaces Ch. 20, Reporting Requirements for Local Exchange Carriers)
ADOPTED RULE NUMBER: 2008-156 and 157
CONCISE SUMMARY: This rule requires all telecommunications carriers to provide notice of outages to the Commission. The reporting requirements are modeled on similar reporting requirements of the Federal Communications Commission. It repeals and replaces Ch. 20 of the Commission's rules.
EFFECTIVE DATE: April 8, 2008
AGENCY CONTACT PERSON: Paula J. Cyr, Public Utilities Commission, 242 State Street, Station 18, Augusta, ME 04333-0018
TELEPHONE: (207) 287-3831