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Home > Weekly Newspaper Notices > September 24, 2008

September 24, 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.


PROPOSALS



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 7, Requirements for Municipalities having Shellfish Conservation Programs - 7.70, Intertidal mussel harvesting by drag or dredge
PROPOSED RULE NUMBER: 2008-P237
CONCISE SUMMARY: The Commissioner proposes rules to establish intertidal mussel harvesting areas and the permit process to harvest mussels by drag in these areas. The proposed rules would provide compliance with statutes effective June 30, 2008 in accordance with 12 MRSA §6671(3)(A)(5) and (12) that give municipalities a mechanism to designate specific areas of their flats that have been seeded and need protection from intertidal dragging while allowing mussel harvester’s using drags to have access to areas that are not being actively managed by a town. A copy of the new statutes is available online at: http://janus.state.me.us/legis/ros/lom/LOM123rd/123R2/PUBLIC494.asp.
THESE RULES WILL HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON: Denis-Marc Nault (207-422-2092)
STATUTORY AUTHORITY: 12 MRSA §6171 & §6671
PUBLIC HEARINGS:
Ellsworth: October 14, 2008, 6:00 p.m., Ellsworth City Hall (Auditorium), One City Hall Plaza
West Boothbay Harbor: October 15, 2008, 6:00 p.m.**, Department of Marine Resources, Large Conference Room, 200 McKown Point Road
** The public hearing for the proposed rules in Ch. 7.70 will be held immediately upon the conclusion of the hearing for Ch. 16.27 Shellfish receiving October 15th.
RULE TITLE OR SUBJECT: Ch. 16.26, Receiving Shellfish
PROPOSED RULE NUMBER: 2008-P238
CONCISE SUMMARY: The proposed regulations in Ch. 16 would update the physical plant rules for certified shellfish dealers with regard to receiving shellfish at their permanent facility. These proposed regulations would provide for compliance and consistency with the federal National Shellfish Sanitation Program Model Ordinance under the federal Food and Drug Administration.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
AGENCY CONTACT PERSON: Bruce Chamberlain (207-557-3557)
STATUTORY AUTHORITY: 12 MRSA §6856(4)
PUBLIC HEARING: October 15, 2008, 6:00 p.m., Department of Marine Resources, Large Conference Room, 200 McKown Point Road, West Boothbay Harbor
Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578.
DEADLINE FOR WRITTEN COMMENTS: October 27, 2008
To ensure consideration, comments must include your name and the organization you represent, if any. Please be aware that any risk of non-delivery associated with submissions by fax or e-mail is on the sender.
MAIL WRITTEN COMMENTS TO: DMR, attn. L. Churchill, PO Box 8, West Boothbay Harbor ME 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)
E-MAIL: Laurice.Churchill@Maine.gov



AGENCY: 05-071 – Department of Education
RULE TITLE OR SUBJECT: Ch. 13, Qualifying Examinations for Teachers, Education Specialists and Administrators
PROPOSED RULE NUMBER: 2008-P239
CONCISE SUMMARY: The revisions are these:
Deletion of the transitional 282 Teacher of the Disabled Child B-5 with the Praxis 0353 exam as it is sunsetted.
Addition of a Praxis score for the 292 Deaf / Hearing Impaired.
Addition of a second endorsement for Family and Consumer Science with the new Praxis qualifying score.
Deletion of Section 3.4 on Qualifying Scores not set, as all scores have now been set, and renumbering of all the subsequent sections as a result of the deletion.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: Title 20-A MRSA §13011(1)
PUBLIC HEARING: None
DEADLINE FOR COMMENTS: October 24, 2008
AGENCY CONTACT PERSON: Joanne C. Holmes, Department of Education, 23 State House Station, Augusta, ME 04333
TELEPHONE: (207) 624-6660
E-MAIL: Jaci.Holmes@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 101, Calculation of Interest
PROPOSED RULE NUMBER: 2008-P240
CONCISE SUMMARY: The purpose of this rule is simply to inform taxpayers of the standard interest rate established pursuant to statute that is charged against unpaid taxes and paid by the State on overpayment of taxes. It is being amended because the interest rate is changing effective January 1, 2009.
STATUTORY AUTHORITY: Title 36 MRSA §§ 112, 186, 186-A
RULE TITLE OR SUBJECT: Ch. 318, Instrumentalities of Interstate or Foreign Commerce
PROPOSED RULE NUMBER: 2008-P241
CONCISE SUMMARY: This rule has been in place since 1980 and explains the application of the exemption from Maine sales or use tax provided in 36 MRSA §1760, sub-§41 for a vehicle, railroad rolling stock, aircraft or watercraft placed in use by the purchaser as an instrumentality of interstate or foreign commerce within 30 days after purchase and used by the purchaser not less than 80% of the time for the next 2 years as an instrumentality of interstate commerce. The proposed amendment simply replaces an obsolete reference to the federal Interstate Commerce Commission with a current reference to the Federal Motor Carrier Safety Administration. The proposed amendment will not change the substantive operation of the rule.
STATUTORY AUTHORITY: Title 36 MRSA §§112
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: October 31, 2008
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
E-MAIL: John.W.Sagaser@Maine.gov



AGENCY: 18-125 - Department of Administrative & Financial Services, Bureau of Revenue Services
RULE TITLE OR SUBJECT: Ch. 102, Electronic Funds Transfer
PROPOSED RULE NUMBER: 2008-P242
CONCISE SUMMARY: Rule 102 provides comprehensive definitions and explanations of statutory terms and procedures for filing making electronic payments. Particularly, the proposed Rule brings definitions up-to-date, clarifies the applicable lookback period for mandatory participation, streamlines language related to voluntary participation and restates sections on the ACH debit method, other payment methods, prenotification transactions and reasonable cause. In addition, the proposed Rule eliminates unnecessary citations and makes other minor editing changes.
STATUTORY AUTHORITY: Title 36 MRSA §193
RULE TITLE OR SUBJECT: Ch. 104, Electronic Filing of Maine Tax Returns
PROPOSED RULE NUMBER: 2008-P243
CONCISE SUMMARY: Rule 104 provides comprehensive definitions and explanations of statutory terms and procedures for electronic filing of Maine tax returns. Particularly, the proposed Rule modifies the filing requirements for sales, use and service provider tax return filers beginning in 2009. The Rule also modifies the filing requirements for returns filed for withholding, competitive skills scholarship fund and unemployment compensation insurance beginning in 2009.
STATUTORY AUTHORITY: Title 36 MRSA §193
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
PUBLIC HEARING: None scheduled at this time.
DEADLINE FOR COMMENTS: October 31, 2008
AGENCY CONTACT PERSON: John W. Sagaser, General Counsel, Maine Revenue Services, 24 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-9536
E-MAIL: John.W.Sagaser@Maine.gov



AGENCY: 06-096 - Department of Environmental Protection
RULE TITLE:
Ch. 150, Control of Emissions from Outdoor Wood Boilers
Ch. 160, Outdoor Wood Boiler Replacement and Buy Back Program
PROPOSED RULE NUMBER: 2008-P244 and P245
CONCISE SUMMARY: The Department is proposing amendments to Ch. 150 that incorporate requirements for outdoor pellet boilers including setback from neighboring properties and minimum stack height. Outdoor pellet boilers are also subject to other requirements including nuisance conditions, visible emissions standards, and approved fuel. Ch. 160 establishes a replacement and buyback program to remove nuisance outdoor wood boilers that were installed prior to February 1, 2008. The proposed rule includes criteria for determining whether an outdoor wood boiler constitutes a nuisance condition or threat to public health or safety and is eligible for participation in the program, compensation criteria and amounts, and procedures for certification and verification of removal and possible replacement of eligible outdoor wood boilers. Copies of these rules are available upon request by contacting the Agency contact person listed below or on the DEP website at www.maine.gov/dep/air/regulations/proposed.htm.
Pursuant to Maine law, interested parties must be publicly notified of the proposed rulemaking, the public hearing and be provided an opportunity for comment. Any party interested in providing public comment can testify at the public hearing or provide written comments before the end of the comment period. All comments should be sent to the Agency contact person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES
STATUTORY AUTHORITY: 38 MRSA §585-A, §610-B and §610-C
PUBLIC HEARING: October 16, 2008 at 10:00 a.m., Holiday Inn, Augusta, Maine
DEADLINE FOR COMMENTS: October 27, 2008, 5:00 p.m.
AGENCY CONTACT PERSON: Ron Severance, Bureau of Air Quality Control, Department of Environmental Protection, 17 State House Station, Augusta, ME 04333
TELEPHONE: (207) 287-2437
FAX: (207) 287-7641
E-MAIL: Ronald.W.Severance@Maine.gov




AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
RULE TITLE OR SUBJECT: Ch. 15, Rules Governing Acceptable Documents to Establish Legal Presence
PROPOSED RULE NUMBER: 2008-P246
CONCISE SUMMARY: This rule describes the documents that may be accepted to establish evidence of legal presence in the United States for the purposes of driver license and non driver identification card issuance.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA §153
PUBLIC HEARING: October 15, 2008, 10:00 a.m. to 12:00 p.m., Bureau of Motor Vehicles, 2nd Floor Executive Conference Room, 101 Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: October 26, 2008
AGENCY CONTACT PERSON: Robert E. O'Connell, Jr., Department of the Secretary of State, Bureau of Motor Vehicles, 101 Hospital Street, 29 Statehouse Station, Augusta, Maine 04330-0029
TELEPHONE: (207) 624-9092
E-MAIL: Robert.O'Connell@maine.gov


ADOPTIONS



AGENCY: 19-498 – Department of Economic and Community Development (DECD), Office of Community Development (OCD)
CHAPTER NUMBER AND TITLE: Ch. 37, Program Statement for Administering: the 2009 Maine Community Development Block Grant Program
ADOPTED RULE NUMBER: 2008-423
CONCISE SUMMARY: This proposed rule will allow DECD to allocate the federal funds in accordance with the U.S. Department of Housing and Urban Development regulations. It describes the design and method of distribution of funds of the Maine Community Development Block Grant Program.
EFFECTIVE DATE: September 17, 1008
AGENCY CONTACT PERSON: Michael D. Baran, Acting Director, OCD, Department of Economic &. Community Development, Office of Community Development (DECD/OCD), State House Station 59, Cross Office Building, 111 Sewall Street, Augusta, Maine 04333-0059
TELEPHONE: (207) 624-9816
E-MAIL: Mike.Baran@Maine.gov



AGENCY: 05-071 - Department of Education - State Board of Education
CHAPTER NUMBER AND TITLE: Ch. 61, State Board of Education Rules for Major Capital School Construction Projects (emergency major substantive)
ADOPTED RULE NUMBER: 2008-424
CONCISE SUMMARY: The State Board of Education is adopting these amendments to Chapter 61 establish the procedures to be used to accept and review applications and to establish guidelines under which the Department of Education shall recommend to the State Board of Education an innovative model of consolidation and integrated secondary and postsecondary education that includes facilities for: [1] a regional high school; [2] a fully integrated career and technical high school; [3] a higher education center that will provide courses and degrees from both the University of Maine System and the Maine Community College System; and [4] centers of excellence that will provide industry specific training.
EFFECTIVE DATE: September 15, 2008
AGENCY CONTACT PERSON: Jaci Holmes, Department of Education, 23 State House Station, Augusta, ME 04333-0023
TELEPHONE: (207) 624-6669
E-MAIL: Jaci.Holmes@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 95, Podiatry Services
ADOPTED RULE NUMBER: 2008-425
CONCISE SUMMARY: The Department has adopted rules to add prior authorization requirements and tighten medical eligibility criteria for provision of podiatric services. The adopted rule requires that some podiatric services be prior authorized by the Department or its Authorized Agent. This rulemaking additionally limits coverage of podiatric services to only those members who meet specified medical criteria. These changes have been adopted in response to the Maine State Legislature’s directive to achieve savings through reduced provision of these services. The Department received numerous comments for this rulemaking, and withdrew some of its proposed changes as a result. The Department also made several other clarifications in response to these comments. The Department expects no economic impact on small businesses as a result of this rulemaking.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2008
AGENCY CONTACT PERSON: Patricia Dushuttle, DHHS, MaineCare Services, 442 Civic Center Drive, 11, State House Station, Augusta, ME 04333-0011
TELEPHONE: (207) 287-9362
TTY: 1 (800) 423-4331 or (207)-1828 (Deaf/Hard of Hearing)
E-MAIL: Patricia.Dushuttle@Maine.gov



AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE:
Ch. 122, Fee schedule for Inspection of Agricultural Commodities.
Ch. 124, Fee Schedule for Inspection of Potatoes (Maine Bag Program).
ADOPTED RULE NUMBER: 2008-426 and 427
CONCISE SUMMARY:
Ch. 122: The Department is amending its fee schedule for inspection and other Quality Assurance & Regulations work, Fees are amended as follows: (1) Certificate charge fee changed from $3.00 to $10.00; (2) Hourly charge for copying certificates changed from $20.00 to $30.00; (3) Easement charge changed from $10.00 to $20.00 up to one half hour; Change of $20.00 to $30.00 for one half to 1 hour; $20.00 to $30.00 change for more than 1 hour; (4) Minimum fee for Inspector changed from $35.00 to $40.00;(5) Net weight certification fee changed from $20.00 to $30.00; (6) Overtime fee per inspector, per hour changed from$30.00 to $45.00; (7) Fee per hour per inspector changed from $20.00 to $30.00; (8) Apples changed from $.07 to $.08 per carton; (9) Berries changed from$.03 to $.06 per pint; (10) Maple syrup fee per barrel changed from $2.50 to $3.00; (11) Broccoli changed from $.07 to $.08; Overtime fee per hour changed from $5.00 to $8.00 per applicant; (12) Fresh potatoes hundredweight basic fee changed from $.11 to $.16; Overtime fee per hour changed from $5.00 to $8.00 per applicant; (13) Processing inspection fee per hundredweight changed from $.062 to $.082; (14) State Agency minimum daily fee changed from $80.00 to $120.00; Fee per hour, per inspector beyond daily minimum changed from $20.00 to $30.00; (15) GAP/GHP per inspector per hour plus mileage $75.00 changed to per inspector per hour $92.00 with no mileage.
Ch. 124 is being repealed. Ch. 122, Fee Schedule for Inspection of Agricultural Commodities, currently contains the identical terms, fees and definitions. The repeal of chapter 124 will provide consistency with the fee schedules and eliminate duplicate costs of future proposed fee schedule changes.
EFFECTIVE DATE: September 21, 2008
AGENCY CONTACT PERSON: Hal Prince, Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine, 04333
TELEPHONE: (207) 287-3841
E-MAIL: Hal.Prince@Maine.gov



AGENCY: 01-001 - Department of Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations
CHAPTER NUMBER AND TITLE: Ch. 330, License Fees to Manufacture and Sell Food & Beverages; Ch. 341, Bakeries; Ch. 342, Cider and Apple Juice; Ch. 343, Food Processing and Manufacturing; Ch. 344, Food Storage Warehouses; Ch. 345, Home Food Manufacturing; Ch. 347, Maple Syrup Processing; Ch. 357, Food Salvage.
ADOPTED RULE NUMBER: 2008-428 through 435
CONCISE SUMMARY: Maine Department of Agriculture, Food and Rural Resources, Division of Quality Assurance & Regulations has proposed a new rule CMR, 330, License Fees to Manufacture and Sell Food & Beverages. The Department of Agriculture’s Division of Quality Assurance & Regulations and Department of Human Services have finalized a memorandum of agreement (MOA) to clarify, which Agency will license and inspect retail and food establishments in the event of a conflict. The MOA will harmonize the license fees between Agencies for comparable licenses. The license fees have increased as follows: Each Application for, or renewal of, a license to operate a food establishment must be accompanied by a fee, based on the number of employees as follows, these fees have increased: (1) Retail and Food Establishment, 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more Employees $100 to $150 (2) Food Storage Warehouses 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more $100 to $150 (3) Bakery 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more $100 to $150 (4) Mobile Vendor 0 to 10 Employees$10 to $20; 11 to 25 Employees $30 to $50; 26 or more $100 to $150 (5) Food Processing and Manufacturing $30 to $50 (6) Commercial Bakery $30 to $50 (7) Home Food Processor $10 to $20 (8) Food Salvage 0 to 5 Employees $15 to $30; 6 or more $30 to $50 (9) Cider/Apple Juice License 0 to 10 Employees $10 to $20; 11 to 25 Employees $30 to $50; 26 or more $100 to $150 (10) Beverage Plant License 0 to 5 Employees $50 to $75; 6 or more employees $100 to $150; (11) Maple Syrup Producer less than 15 gal production $1 to $2; more than 15 gal production $15 to $25.
The License fee sections in the following chapters have been amended in each individual rule; 341 Bakeries, 342 Cider and Apple Juice, 343 Food Processing and Manufacturing, 344 Food Storage Warehouses, 345 Home Food Manufacturing, 347 Maple Syrup Processing & 357 Food Salvage. Each amendment will replace the set fees with the following terms: “Applications shall be accompanied by the appropriate fee as enumerated in Ch. 330”.
EFFECTIVE DATE: September 21, 2008
AGENCY CONTACT PERSON: Hal Prince, Agriculture, Food & Rural Resources, Division of Quality Assurance & Regulations, 28 State House Station, Augusta, Maine, 04333
TELEPHONE: (207) 287-3841
E-MAIL: Hal.Prince@Maine.gov



AGENCY: 29-250 - Department of the Secretary of State, Bureau of Motor Vehicles
CHAPTER NUMBER AND TITLE: Ch. 8, Rules for Ignition Interlock Devices
ADOPTED RULE NUMBER: 2008-436
CONCISE SUMMARY: This emergency rule amendment establishes the terms of a restricted driver's license issued a person convicted for a second offense OUI who has an ignition interlock device installed in a vehicle.
EFFECTIVE DATE: September 28, 2008
AGENCY CONTACT PERSON: Robert E. O'Connell, Director, Driver License Services, Secretary of State, Bureau of Motor Vehicles, 101 Hospital Street, 29 Statehouse Station, Augusta, Maine 04333-0029
TELEPHONE: (207) 624-9092
E-MAIL: Robert.O'Connell@Maine.gov



AGENCY: 10-144 - Department of Health and Human Services, Office of MaineCare Services
CHAPTER NUMBER AND TITLE: Ch. 101, MaineCare Benefits Manual: Ch. II Section 45, Hospital Services
ADOPTED RULE NUMBER: 2008-437
CONCISE SUMMARY: The adopted rules require hospitals to report NDC drug utilization to the Department for physician administered drugs, often referred to as “j code” drugs. Hospitals designated as “340 B hospitals” will be exempt from this requirement. The US Centers for Medicare and Medicaid Services (CMS) has required that state Medicaid programs have in place a mechanism for collecting National Drug Codes (NDC Codes) on all physician-administered drugs. The purpose of this requirement is to allow states to continue to collect negotiated rebates from drug manufacturers for drugs paid for by Medicaid programs. The adopted rule will require hospitals to submit quarterly utilization reports of the Medicaid Top 20 Physician-Administered Multiple Source Drugs (“j code” drugs), listed at: http://www.cms.hhs.gov/DeficitReductionAct/Downloads/Top20PhysicianAdministered.pdf.
No adverse impact on small businesses is anticipated from adoption of this rule.
The Department has determined that a failure to comply with this reporting requirement is a sanction, as defined in MBM, Chapter I, Section I, 1.19.
See http://www.maine.gov/bms/rules/provider_rules_policies.htm for rules and related rulemaking documents.
EFFECTIVE DATE: October 1, 2008
AGENCY CONTACT PERSON: Nicole Rooney, Health Planner, Division of Policy, 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/Hard of Hearing)
E-MAIL: Nicole.Rooney@Maine.gov



AGENCY: 13-188 - Department of Marine Resources
CHAPTER NUMBER AND TITLE: Ch. 8, Landings Program: 8.20(O), Harvester Reporting, Scallop Harvest
ADOPTED RULE NUMBER: 2008-438
CONCISE SUMMARY: The Department of Marine Resources adopts rules to institute trip level reporting of harvest by scallop harvesters. These rules apply to persons that hold a scallop hand fishing, scallop dragging or noncommercial scallop license.
CHAPTER NUMBER AND TITLE: Ch. 11, Scallops: 11.02, Reporting; and 11.10(B), Atlantic Sea Scallops, Minimum Size
ADOPTED RULE NUMBER: 2008-439
CONCISE SUMMARY: Technical changes in this adopted rule include adding a reference to reporting requirements and amending the citations in Ch. 11.10(B) to correctly refer to the statute on scallop size. The first paragraph in section (B) is removed as the dates in 2003 and 2004 this applied to have passed and is no longer necessary.
CHAPTER NUMBER AND TITLE: Ch. 15, General Shellfish Sanitation Requirements: 15.37, Buying Station; and 15.03(B)(2), Regulated Activity
ADOPTED RULE NUMBER: 2008-440
CONCISE SUMMARY: These adopted regulations allow certified dealers to obtain a permit to use vehicles as a buying station for soft shell clam shellstock purchased from licensed harvesters at a location other than the certified dealers’ permanent facility. Copies of Ch. 15 General Shellfish Sanitation Requirements and Ch. 16 Uniform Physical Plant Equipment and Operation Requirements, are available from the web site: http://www.maine.gov/sos/cec/rules/13/chaps13.htm.
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.93(F)(1)(b)(iii), Exit Ratios for Limited Entry Zones – Zone F (5:1, based on trap tags)
ADOPTED RULE NUMBER: 2008-441
CONCISE SUMMARY: These rules adopt changes to the regulations in Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone F Council in accordance with 12 MRSA §6448. The change reestablishes the exit to entry ratio of 5:1 for Zone F based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448, sections 2,4,6,7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448, section 8(A).
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.93(F)(1)(b)(iv), Exit Ratios for Limited Entry Zones – Zone G (5:1, based on trap tags)
ADOPTED RULE NUMBER: 2008-442
CONCISE SUMMARY: These rules adopt changes to the regulations in Ch. 25.93(F) after considering a survey of zone members and a recommendation of the Zone G Council in accordance with 12 MRSA §6448. The change reestablishes the exit to entry ratio of 5:1 for Zone G based upon the number of trap tags instead of licenses in accordance with 12 MRSA §6448, sections 2,4,6,7 and 10. The survey results and this rulemaking do not impact student entry into the zone in accordance with 12 MRSA §6448, section 8(A).
CHAPTER NUMBER AND TITLE: Ch. 34, Groundfish Regulations: 34.10(1)(B)(4)(c)(i)(b), Whiting/silver hake (Merluccius bilinearis) Commercial Effort Restrictions, Season, Exemption
ADOPTED RULE NUMBER: 2008-443
CONCISE SUMMARY: These adopted rules provide an exemption to allow the taking of whiting in Maine’s territorial waters by licensed harvesters of northern shrimp when taken as bycatch in the harvest of northern shrimp. The amount of whiting will be limited to less than or equal to the amount of shrimp on board, but not to exceed 3,500 pounds. The rule also clarifies that it is legal to land whiting taken from federal waters as bycatch in the northern shrimp fishery, subject to the same restrictions (amount of whiting would be limited to less than or equal to the amount of shrimp on board, but not to exceed 3,500 pounds).
CHAPTER NUMBER AND TITLE: Ch 45, Shrimp: 45.15, Shrimp traps (Marking Requirement)
ADOPTED RULE NUMBER: 2008-444
CONCISE SUMMARY: The adopted rules for shrimp trap buoy markings in Maine’s coastal waters provide consistency and for compliance with the federal requirements in the NOAA Fisheries Service Atlantic Large Whale Take Reduction Plan (ALWTRP) Final Rule in accordance with the Marine Mammal Protection Act.
EFFECTIVE DATE: September 23, 2008
AGENCY CONTACT PERSON: Laurice Churchill
AGENCY NAME & ADDRESS: Department of Marine Resources, PO Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584
TTY: (207) 633-9500
E-MAIL: Laurice.Churchill@Maine.gov