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February 18, 1998
Rule-Making Notice

as it appears 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 rule chapters may be found on the World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/ depts.htm.


PROPOSALS
AGENCY: 02-031 - Professional and Financial Regulation, Bureau of Insurance
RULE TITLE OR SUBJECT: Repeal of Ch. 150, Maine Automobile Liability Policy Endorsement
PROPOSED RULE NUMBER: 98-P23
CONCISE SUMMARY: The purpose is to repeal an existing rule which is related to coverage for commercial vehicles subject to personal use. The existing rule is currently considered unnecessary.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 24-A M.R.S.A. 212
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: March 23, 1998, 5:00 p.m.
AGENCY CONTACT PERSON: Lyndy Morgan, Legal Secretary, Maine Department of Professional and Financial Regulation, Bureau of Insurance, 34 State House Station, Augusta, ME 04333
PHONE NUMBER: (207) 624-8423

AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 34, Maine Groundfish Management, Maine Territorial Seas, Groundfish Spawning Closure
PROPOSED RULE NUMBER: 98-P24
CONCISE SUMMARY: The proposed regulation establishes a closure during the months of April, May and June for all of Maine's territorial seas to protect spawning groundflsh. The closure would affect all commercial and recreational groundfishermen who fish in Maine's territorial seas. This measure is considered necessary to protect Maine's groundfish stocks.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 M.R.S.A. 6171
PUBLIC HEARINGS: Monday, March 9, 1998, 7:00 p.m., City Hall Auditorium, Ellsworth and Tuesday, March 10, 1998, 7:00 p.m., Naval Reserve Center Auditorium, Commercial Street, Portland
DEADLINE FOR COMMENTS: March 20,1998
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575
TELEPHONE: (207) 633-9584


AGENCY: 01-026 - Department of Agriculture, Food and Rural Resources, Board of Pesticides Control
RULE TITLE OR SUBJECT: Board of Pesticides Control Rules: Amendment to Ch. 60, Designation of Critical Pesticide Control Areas
PROPOSED RULE NUMBER: 98-P25
CONCISE SUMMARY: In 1979, the Board adopted a regulation to protect the water supply for a state-owned fish hatchery in Deblois from pesticide drift and leaching from surrounding blueberry fields. The Critical Pesticide Control Area encompassed all land within 1,000 feet of the hatchery and its rearing pools and the tributary water supplies to both facilities. Within the designated area, aerial application was prohibited and insecticide applications were limited to carbaryl with ground equipment. The rule is currently obsolete in that the state leases the facility to a commercial aquaculture firm and the specified insecticide is now the most toxic to fish when compared to currently registered alternatives. The Board is proposing to restructure the rule so pesticide applications would be made according to a Board-approved pest management plan. The plan could then be updated on a regular basis without having to resort to rule making each time new products become available.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 M.R.S.A. 8051 et seq. and 22 M.R.S.A., 1471-F and M.
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: 4:00 p.m., March 20, 1998
AGENCY CONTACT PERSON: Tammy L. Gould
AGENCY NAME: Board of Pesticides Control
ADDRESS: 28 State House Station, Augusta, Maine 04333-0028
TELEPHONE: 207-287-2731
EMAIL: aftgoul@maine.gov
FAX: 207-287- 7548
URL: http://www.maine.gov/agriculture/pesticides/rules.htm


AGENCY: 94-293 - Baxter State Park Authority
RULE TITLE OR SUBJECT: Ch. 22, Firearms, Hunting and Trapping
PROPOSED RULE NUMBER: 98-P26
CONCISE SUMMARY: Baxter State Park Rule #22 is amended to include the newly-purchased Baxter State Park lands in T2R10. Hunting and trapping will be allowed on these lands consistent with all other language and restrictions currently in the rule.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 5 MRSA 8056 sub-7, 8
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS. March 24, 1998
AGENCY CONTACT PERSON: Roxanna McLean
AGENCY NAME: Baxter State Park
ADDRESS: 64 Balsam Dr., Millinocket, ME 04462
TELEPHONE: 207/723-9500


AGENCY: 94-591 - Maine Motor Carrier Review Board

RULE TITLE OR SUBJECT: Ch. 1, By Laws of the Maine Motor Carrier Review Board
PROPOSED RULE NUMBER: 98-P27
CONCISE SUMMARY: This rule is being amended to make minor procedural changes so that the Board can more efficiently perform its duties.

RULE TITLE OR SUBJECT: Ch. 2, Maine Motor Carrier Review Board Selection Process
PROPOSED RULE NUMBER: 98-28
CONCISE SUMMARY: This rule is being amended to make minor procedural changes so that the Board can more efficiently perform its duties. The appendix was also revised to reflect added violations.

RULE TITLE OR SUBJECT: Ch. 3, Maine Motor Carrier Review Board Process
PROPOSED RULE NUMBER: 98-P29
CONCISE SUMMARY: This rule is being amended to make minor procedural changes so that the Board can more efficiently perform its duties.

THESE RULES WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 29-A MRSA Section 562
PUBLIC HEARING : The Bureau's Executive Conference Room at 101 Hospital St. (Motor Vehicle Building), Augusta, on March 11,1998 at 10:00 a.m.
DEADLINE FOR COMMENTS: March 23,1997
AGENCY CONTACT PERSON: Maurice J. Dionne Jr.
AGENCY NAME: Maine Bureau of Motor Vehicles
ADDRESS: Commercial Vehicle Division, 29 State House Station, Augusta, ME 04333-0029
TELEPHONE: 207/287.8633


ADOPTIONS

AGENCY: 18-125 - Department of Administrative and Financial Services, Bureau of Revenue Services (formerly Bureau of Taxation)
CHAPTER NUMBER AND TITLE: Ch. 803, Withholding Tax Reports and Payments
ADOPTED RULE NUMBER: 98-81
CONCISE SUMMARY: The rule provides guidance for businesses with respect to the filing and paying of slate income taxes withheld from employees' wages.
EFFECTIVE DATE: February 11, 1998
AGENCY CONTACT PERSON: David E. Bauer
ADDRESS: 24 State House Station, Augusta, Maine 04333
PHONE#: (207) 287-2076


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendments of Existing Rules.

CHAPTER NUMBER AND TITLE: Ch. 4.06, Hunting and Trapping - Wild Turkeys
ADOPTED RULE NUMBER: 98-85
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing an open hunting season on wild turkeys in 1998 from May 1 through May 31, 1998; increasing the number of permits 1,750 to 2,250; and allocating permits by 2 hunting zones (1,250 for southern zone and 1000 for northern zone).

CHAPTER NUMBER AND TITLE: Ch. 1, Open Water Fishing Regulations
ADOPTED RULE NUMBER: 98-86
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules pertaining to the 1998-1999 open water fishing seasons. This body of rules is printed in its entirety in the "1998-1999 OPEN WATER FISHING REGULATIONS" and is an official consolidation of the open water fishing rules as printed. Copies may be obtained from town clerks or from the Department.

EFFECTIVE DATE: February 16, 1998
AGENCY CONTACT PERSON: Andrea Erskine, Department of Inland Fisheries and Wildlife, 284 State Street - 41 State House Station, Augusta, ME 04330-0041
TELEPHONE: 287-5201.


AGENCY: 09-137 - Department of Inland Fisheries & Wildlife
TYPE OF RULE: Amendments of existing rules.

CHAPTER NUMBER AND TITLE: Ch. 4.04, Hunting & Trapping - Bear
ADOPTED RULE NUMBER: 98-82
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted a rule establishing: 1) an open season on hunting bear annually from the first Monday preceding September 1st to the last day of the open firearm season on deer (in 1998 the dates are Aug. 31 - Nov. 28) ; 2) There shall be an open season during which bait may be used to hunt bear annually from the first Monday preceding September 1st running for 4 weeks (Aug. 31 - Sept. 26, 1998) ; 3) There shall be an open season on trapping bear from September 1 - October 31; 4) There shall be an open season on using a dog or dogs in conjunction with bear hunting starting on the 3rd Monday of the open bear hunting season and running until the day before the first day of the open firearms season on deer (Sept. 14-Oct. 30, 1998). For the purposes of this rule, hunting bear with the use of bait includes hunting from an observation stand, blind or other location which overlooks any bait or food; except standing crops and foods that have been left as a result of normal agricultural operations or natural occurrence. All other regulations pertaining to bear hunting and trapping remain the same.

CHAPTER NUMBER AND TITLE: Ch. 4.01, Hunting and Trapping - Beaver Trapping Closures
ADOPTED RULE NUMBER: 98-83
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules opening the following 3 townships in Wildlife Management Unit 5 to beaver trapping. These townships were incorrectly listed as closed on the previously adopted rule.

CHAPTER NUMBER AND TITLE: Ch. 4.05, Hunting and Trapping - Moose
ADOPTED RULE NUMBER: 98-84
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules establishing an open hunting season on moose in 1998 from October 5 to October 10, 1998 and allocating permits by zone.

EFFECTIVE DATE: February 16, 1998
AGENCY CONTACT PERSON: Ken Elowe, Department of Inland Fisheries and Wildlife, 284 state Street - 41 State House Station, Augusta, ME 04330-0041


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