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Home > Weekly Notices > June 22, 2011

June 22, 2011

WEEKLY NOTICES 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. There is also a list of rule-making liaisons, who are single points of contact for each agency.


PROPOSALS



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 13, Watercraft Regulations: 13.08, Motor Size Restrictions on Certain Inland Waters
PROPOSED RULE NUMBER: 2011-P54
CONTACT PERSON FOR THIS FILING: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. Telephone: (207) 287-5202. E-mail: Becky.Orff@Maine.gov .
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: July 14, 2011 – Deer Isle-Stonington High School, Cafeteria, 251 North Deer Isle Road, Deer Isle, ME 04627 – 6:30 p.m.
COMMENT DEADLINE: July 22, 2011
BRIEF SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following watercraft regulations: Lily Pond, Deer Isle, Hancock County – motorboats with internal combustion engines prohibited.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §13051
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
WEBSITE: http://www.maine.gov/ifw/
IF&W RULE-MAKING LIAISON: Andrea.Erskine@Maine.gov .



AGENCY: 09-137 – Department of Inland Fisheries and Wildlife (IF&W)
CHAPTER NUMBER AND TITLE: Ch. 4, Hunting and Trapping: 4.06, Wild Turkey Hunting Season)
PROPOSED RULE NUMBER: 2011-P55
CONTACT PERSON FOR THIS FILING: Becky Orff, Inland Fisheries & Wildlife, 284 State Street, #41 State House Station, Augusta, ME 04333. E-mail: Becky.Orff@Maine.gov
CONTACT PERSON FOR SMALL BUSINESS INFORMATION (if different):
PUBLIC HEARING: None scheduled – one may be requested.
COMMENT DEADLINE: July 22, 2011
BRIEF SUMMARY: The Commissioner of Inland Fisheries and Wildlife is proposing to amend the fall wild turkey hunting season by removing Wildlife Management Districts 24 and 25 from Zone 1 and adding them to Zone 2 (starting 30 days prior to and extending to the Friday preceding the regular deer hunting season, which corresponds to the archery deer hunting season.) and adding Wildlife Management District 26 to Zone 3 (starting 6 days prior to and extending through the Friday preceding Youth Deer Hunting Day.) In Zone 2, only bow and arrow may be used to hunt wild turkey; in Zone 3, bow and arrow or shotguns may be used.
A copy of the proposal may be obtained from the Agency Contact Person listed above.
IMPACT ON MUNICIPALITIES OR COUNTIES (if any):
STATUTORY AUTHORITY FOR THIS RULE: 12 MRSA §11701
SUBSTANTIVE STATE OR FEDERAL LAW BEING IMPLEMENTED (if different):
IF&W RULE-MAKING LIAISON: Andrea.Erskine@Maine.gov .



AGENCY: 10-144 - Department of Health and Human Services (DHHS), Office of Integrated Access and Support (OIAS)
RULE TITLE OR SUBJECT: Ch. 332, MaineCare Policy, Rev. #255P: MaineCare Eligibility Manual: Part 12, Residential Care; Chart 3.11, Spousal Living Allowance for SSI Recipients; Chart 4.3, Nursing Care Private Rate; Chart 6, Federal Poverty Levels
PROPOSED RULE NUMBER: 2011-P56
CONCISE SUMMARY: This rule updates the MaineCare Eligibility Manual with the Federal Poverty Level (FPL) amounts that were published in the U.S. Department of Health and Human Services Federal Register on January 20, 2011. The Federal Poverty Levels are used to determine eligibility for MaineCare, and to calculate the Spousal Living Allowance for SSI Recipients. Both Chart 6 Federal Poverty Levels and Chart 3.11 needed to be revised to reflect the new federal FPL amounts.
The rule also changes the Chart 4.3 Nursing Care Private Rate from $7258 to $7667 based on the results of a survey conducted by the Department in February 2011. This is the first change in this rate since 2009.
The Nursing Care Private Rate is used to calculate the penalty period for individuals seeking MaineCare funding for care in a medical institution or home and community-based waiver services when transfers of assets have occurred for less than fair market value.
This rule will have no effect on the administrative burdens of small businesses.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA §3173. and §3174: Social Security Act 1902(a)(10)(A)(i) & (ii) and 1905(p)
PUBLIC HEARING: None scheduled unless requested by 5 or more people.
DEADLINE FOR COMMENTS: July 31, 2011
AGENCY CONTACT PERSON Doreen McDaniel, MaineCare Program Manager, Department of Health and Human Services, Office of Integrated Access and Support, 11 State House Station, 442 Civic Center Drive, Augusta, Maine 04333-0011. Telephone: (207) 287-4076. TTY: (800) 606-0215 (Deaf/Hard of Hearing). E-mail: Doreen.McDaniel@Maine.gov .
WEBSITE: http://www.maine.gov/dhhs/OIAS/
DHHS RULE-MAKING LIAISON: Marina.Thibeau@Maine.gov .



AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.07(1), Sea Urchin Harvesting Season 2011 – 2012 2010-2011 – Zone 1
PROPOSED RULE NUMBER: 2011-P57
CONCISE SUMMARY: For purposes of conservation, pursuant to 12 M.R.S. §6171, §6171-A and §6749 this regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 during the 2011-2012 season. A 10 day season is proposed for divers, trappers, rakers and draggers in 2011-2012, which was the same length of season in 2010-2011. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers and trappers will have a choice of fishing 10 days in September or 10 days in December; and draggers in December or January.
RULE TITLE OR SUBJECT: Ch. 26.07(2), Sea Urchin Harvesting Season 2011 – 2012 2010-2011 – Zone 2
PROPOSED RULE NUMBER: 2011-P58
CONCISE SUMMARY: For purposes of conservation pursuant to 12 M.R.S. §6171, §6171-A, and §6749 this regulation would establish season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 2 during the 2011-2012 season. A 45 day season is proposed for divers, trappers, rakers and draggers in 2011-2012, which was the same length of season in 2010-2011. The Sea Urchin Zone Council recommended the selection of these particular days. Divers, rakers, trappers, and draggers will have a choice of fishing an early or late season.
AGENCY CONTACT PERSON: Margaret Hunter (tel: 207-633-9500). E-mail: Margaret.Hunter@Maine.gov .
STATUTORY AUTHORITY: 12 M.R.S. §6171, §6171-A, §6749
RULE TITLE OR SUBJECT: Ch. 11.09, Atlantic Sea Scallop Harvesting Season 2011-2012;
11.10(1)(H)(5), Closed Areas (Blue Hill technical correction); and
11.15, Scallop Research Conservation Areas, Beals-Jonesport, expired (remove)
PROPOSED RULE NUMBER: 2011-P59
CONCISE SUMMARY: The proposed rulemaking would establish 2011-2012 scallop fishing season from December 17, 2011 through March 21, 2012 with fishing prohibited on Thursdays and Fridays in December and March, plus December 25, 2011 would be closed. Scallop fishing in the months of January and February would be prohibited on Saturdays and Sundays. There would be a clarification that the Blue Hill Salt Pond is included in the Blue Hill area closure. Also, the research conservation areas in Beals-Jonesport in Ch. 11.15 would be removed since it has expired.
AGENCY CONTACT PERSON: Trisha DeGraaff (207-624-6550). E-mail: Trisha.DeGraaff@Maine.gov .
STATUTORY AUTHORITY: 12 M.R.S. §6171
RULE TITLE OR SUBJECT: Ch. 25.08, Lobster Trap Tag System – Owner Operator clarification
PROPOSED RULE NUMBER: 2011-P60
CONCISE SUMMARY: The proposed regulations would provide consistency with a new section of law (12 MRS §6431-G) that is meant to both clarify and strengthen the “owner-operator law” to address a 'loophole' that has been identified by Marine Patrol, which allows certain arrangements of family members with two boats to circumvent the owner-operator law. The proposed regulations were unanimously approved by all members of the Lobster Advisory Council at their meetings held November 17, 2010 and April 20, 2011.
AGENCY CONTACT PERSON: Col. Joe Fessenden (207-624-6550). E-mail: Joe.Fessenden@Maine.gov .
STATUTORY AUTHORITY: 12 M.R.S. §6431-G
RULE TITLE OR SUBJECT: Ch. 34.10, Maine Groundfish Management Plan – Amendment 16 compliance updates
PROPOSED RULE NUMBER: 2011-P61
CONCISE SUMMARY: The proposed rules would remove the 2-hook per line restriction for consistency with Amendment 16 and Framework 44 to the Northeast Multispecies Fishery Management Plan and NOAA Fisheries Service regulations.
AGENCY CONTACT PERSON: Laurice Churchill (207-633-9584). E-mail: Laurice.Churchill@Maine.gov .
STATUTORY AUTHORITY: 12 M.R.S. §6171
RULE TITLE OR SUBJECT: Ch. 2.90, Limited-purpose Aquaculture License – Amend to add Marine Algae (Seaweeds)
PROPOSED RULE NUMBER: 2011-P62
CONCISE SUMMARY: Marine algae or seaweed species are proposed to be added the list of authorized species for culture by limited-purpose aquaculture license holders.
AGENCY CONTACT PERSONS: Jon Lewis (207-633-9594), e-mail Jon.Lewis@Maine.gov , or Laurice Churchill (207-633-9584), e-mail: Laurice.Churchill@Maine.gov .
STATUTORY AUTHORITY: 12 M.R.S. §6072-C
PUBLIC HEARINGS:
July 11, 2011, 6:00 p.m.*, Yarmouth Town Hall, Community Room, 200 Main St., Yarmouth (*The Zone 1 season proposed rules will be followed by proposed season rules for Zone 2; see separate rulemaking notices.)
July 14, 2011, 6:00 p.m.*, Ellsworth City Hall (Auditorium), One City Hall Plaza, Ellsworth (*The Zone 2 season proposed rules will be followed by proposed season and reporting rules for Zone 1; see separate rulemaking notices.)
Following the urchin season hearings for Ch. 26 there will be hearings each night for proposed rulemaking in Ch. 11 (scallops), 25 (lobster), 34 (groundfish) and 2 (seaweed aquaculture), in the order listed, starting immediately upon the conclusion of the hearing for the previous chapter.
THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
DEADLINE FOR WRITTEN COMMENTS: July 25, 2011
To ensure consideration, comments must include your name and the organization you represent, if any. 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 . E-mail: Laurice.Churchill@Maine.gov . Fax: (207) 633-9579; TTY: (207) 633-9500 (Deaf/Hard of Hearing) Hearing facilities: If you require accommodations due to disability, please contact Amanda Beckwith, at (207) 287-7578. E-mail: Amanda.Beckwith@Maine.gov .
WEBSITE: http://www.maine.gov/dmr/index.htm .


ADOPTIONS: no adoption notices this week