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APA Office
Division of Elections and Commissions
Bureau of Corporations, Elections and Commissions
101 State House Station
Augusta, Maine 04333
(207) 624-7650
FAX (207) 287-6545

May 30, 2001
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 World-Wide Web at: http://www.maine.gov/sos/cec/rcn/apa/.


PROPOSALS

AGENCY: 29-250 - Secretary of State Bureau of Corporations, Elections & Commissions

RULE TITLE OR SUBJECT: Ch. 200, Rules for the Use of Expedited Services in Corporations
PROPOSED RULE NUMBER: 2001-P133
CONCISE SUMMARY: This rule is being amended to delete references to UCC filings. The sections relating to expedited UCC filings will be included in Chapter 401, the rule entitled, Model Rules for Uniform Commercial Code, Article 9-A, which is also being proposed at this time
STATUTORY AUTHORITY: 11 MRSA, 9-409

RULE TITLE OR SUBJECT: Ch. 401, Model Rules for Uniform Commercial Code, Article 9-A
PROPOSED RULE NUMBER: 2001-P134
CONCISE SUMMARY: Statute changes to the Uniform Commercial Code has resulted in major changes in processing and retrieval of UCC filings. These rules will establish new procedures to conform with the revised Uniform Commercial Code, Article 9-A.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON
MUNICPALITIEES.
STATUTORY AUTHORITY: 11 MRSA 9-1526

PUBLIC HEARING: June 18, 2001 @ 1:00 p.m. Room 400, 4th Floor, Burton M. Cross State Office Building Augusta, ME 04330
DEADLINE FOR COMMENTS: June 28, 2001
AGENCY CONTACT PERSON: Timothy Poulin
AGENCY NAME: Secretary of State
ADDRESS: Bureau of Corporations, Elections & Commissions, 101 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-7736


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.02, Sea Urchin Minimum Size and Tolerance
PROPOSED RULE NUMBER: 2001-P135
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, this regulation increases the minimum size from 2 inches to 2 and 1/16 inches. This reduction is intended to be part of a targeted 25% reduction in landings and was recommended by the Sea Urchin Zone Council.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING:
Zone 2: Monday, June 18, 2001 at 6:00 p.m., Ellsworth Middle School Cafeteria, 24 Forest Ave., Ellsworth; and
Zone 1: Tuesday, June 19, 2001 at 6:00 p.m., Wiscasset Middle School Cafeteria, 252 Federal Street (Rt. 218), Wiscasset
DEADLINE FOR COMMENTS: Friday, June 29, 2001
AGENCY CONTACT PERSON: Margaret Hunter
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9500
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6667.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.03, Sea Urchin Maximum Size and Tolerance
PROPOSED RULE NUMBER: 2001-P136
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171 this regulation decreases the maximum size from 3 1/2 inches to 3 inches. This measure would replace the incremental reductions scheduled for July 1, 2001 and June 20, 2002 to 3 % inches. The reduced maximum size is intended to be part of a targeted 25% reduction in landings and was recommended by the Sea Urchin Zone Council.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171
PUBLIC HEARING:
Zone 2: Monday, June 18, 2001 at 6:30 p.m., Ellsworth Middle School Cafeteria, 24 Forest Ave., Ellsworth; and
Zone 1: Tuesday, June 19, 2000 at 6:30 p.m., Wiscasset Middle School Cafeteria, 252 Federal Street (Rt. 218), Wiscasset
DEADLINE FOR COMMENTS: Friday, June 29, 2001
AGENCY CONTACT PERSON: Margaret Hunter
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9500
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


AGENCY: 13-188 - Department of Marine Resources
RULE TITLE OR SUBJECT: Ch. 26.07(2), Sea Urchin Harvesting Season 2001-2002
PROPOSED RULE NUMBER: 2001-P137
CONCISE SUMMARY: For purposes of conservation pursuant to 12 MRSA 6171, 6171 -A and 6749-W, this regulation establishes season limits for the taking of sea urchins by divers, rakers, trappers, and draggers in Zone 1 and Zone 2 for 2001-2002. The number of days in the season would be reduced from 110 to 94. This reduction is intended to be part of a targeted 25% reduction in landings and was recommended by the Sea Urchin Zone Council.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171, 6171-A, and 6749-W
PUBLIC HEARING:
Zone 2: Monday, June 18, 2001 at 7:00 p.m., Ellsworth Middle School Cafeteria, 24 Forest Ave., Ellsworth; and
Zone 1: Tuesday, June 19, 2000 at 7:00 p.m., Wiscasset Middle School Cafeteria, 252 Federal Street (Rt. 218), Wiscasset
DEADLINE FOR COMMENTS: Friday, June 29, 2001
AGENCY CONTACT PERSON: Margaret Hunter
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04675-0008
TELEPHONE: (207) 633-9500
TTY: (207) 287-4474 (Deaf/Hard of Hearing)
If you require accommodations due to disability, please contact Breena Whitcomb, at (207) 624-6567.


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2001-P138
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider the following fishing regulation changes (as written in the petition):
1) Change the bag limit on whitefish. Repeal S-20 that establishes a daily bag limit on whitefish of 3 fish. The General bag limit remains at 8; recommend changing the general bag limit to three fish.
2) Repeal rule prohibiting fishing from the ice. (A person may not fish while positioned on ice during the open water season; waters must be naturally free of ice).
3) Repeal language that states "smoking does not constitute cooking" under the general regulations for open water and ice fishing in regards to dressing fish unless the fish are being prepared for immediate cooking, or altering the length of salmon, trout, togue and black bass unless being prepared for immediate cooking.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: None scheduled; one may be requested. Comments may be submitted in writing to the agency contact person listed below.
DEADLINE FOR COMMENTS: June 29, 2001
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Inland Fisheries & Wildlife
ADDRESS: #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. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2001-P139
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider changes to the open water and ice fishing regulations on 20 different waters in Hancock and Washington counties and increase minimum length limits on trout in all waters in Hancock and Washington counties. A list of proposals to be heard at the below listed public hearings can be obtained from the Agency Contact Person listed below.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: June 19, 2001, Ellsworth City Hall, Council Chambers, 1 City Hall Plaza, Ellsworth - 6:30 p.m.
DEADLINE FOR COMMENTS: June 29,2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, 284 State Street, 41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 94-457 - Finance Authority of Maine
RULE TITLE OR SUBJECT: Ch. 607, Amendment 5, Access to Medical Education and Health Professions Loan Programs
PROPOSED RULE NUMBER: 2001-P140
CONCISE SUMMARY: The proposed amendment increases the maximum annual loan amount for participants in the Health Professions Loan Program to $20,000. It also clarifies that for individuals applying for a Health Professions Program Loan who are over 30 or have been independent for five years the Authority will use federal methodology to determine the financial need of the applicants.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 10 MRSA 961, P.L.1999, Ch.496, 20-A MRSA Ch. 426
PUBLIC HEARING: 10:00 a.m., June 21, 2001, Finance Authority of Maine, 5 Community Drive, Augusta, Maine.
DEADLINE FOR COMMENTS: Written comments are requested on or before June 21, 2001, but will be accepted on or before July 2, 2001. Oral or written comments may be presented at the hearing.
AGENCY CONTACT PERSON: Elizabeth L. Bordowitz, General Counsel, Finance Authority of Maine, P.O. Box 949, 5 Community Drive Augusta, Maine 04332-0949
TELEPHONE: (207) 623-3263 (Voice)
(207) 626-2715 (TDD)
(207) 623-0095 (FAX)


AGENCY: 01-015 - Maine Milk Commission
RULE TITLE OR SUBJECT: Ch. 3, Schedule of Minimum Prices - Order #07-01
PROPOSED RULE NUMBER: 2001-P141
CONCISE SUMMARY: The Maine Milk Commission will set minimum prices for Class I, II, III and Butterfat based on Federal Order #1 prices with prevailing premiums and other factors that may be presented.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 7 MRSA 2954 & 5 MRSA 8054
PUBLIC HEARING: 2:00 p.m., Friday, June 22, 2001, Room 319, Department of Agriculture, Deering Building, Hospital Street, Augusta, Maine 04333
DEADLINE FOR COMMENTS: June 22, 2001
NAME: Stanley K. Millay, Executive Director
ADDRESS: Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 106, Maine Drugs for the Elderly Program
PROPOSED RULE NUMBER: 2001-P142
CONCISE SUMMARY: This proposed rule repeals the current rule governing the Low-Cost Drugs for the Elderly Program. It is being replaced by a new section of the Maine Medical Assistance Manual, Ch. IX, Section 2 which integrates the Low-Cost Drugs for the Elderly and Disabled Program into the State's new drug waiver program, Healthy Maine Prescriptions. In parallel, the Department is promulgating proposed rules that will be finalized by the end of the 90-day period during which this rule is in place. Related emergency rules will be filed in the near future in order to implement the Healthy Maine Prescription Program by June 1, 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 254, 258
PUBLIC HEARING: June 21, 2001 at 3:00 p.m. in the Washington Room, Augusta Civic Center, Community Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 6, 2001.
DEADLINE FOR COMMENTS: July 2, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Director, Policy and Programs
AGENCY NAME: Bureau of Medical Services
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or 207-287-1823 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter II, Section 80, Pharmacy Services
PROPOSED RULE NUMBER: 2001-143
CONCISE SUMMARY: This proposed rule makes changes necessary to implement the State's new drug waiver program, Healthy Maine Prescriptions Program and to integrate the existing Low-Cost Drugs for the Elderly and Disabled Program into Healthy Maine Prescriptions. Additional changes are being proposed to the rule including, but not limited to, clarification regarding reimbursement for over-the-counter drugs, updating the description of the prior authorization process, elimination of the two-tiered dispensing fee, and modifications to and clarifications of dispensing guidelines. Related emergency rules will be filled in the near future in order to implement the Healthy Maine Prescription Program by June 1, 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 254, 258
PUBLIC HEARING: June 21, 2001 at 2 p.m. in the Washington Room, Augusta Civic Center, Community Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 6, 2001.
DEADLINE FOR COMMENTS; July 2, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Director, Policy and Program
AGENCY NAME: Bureau of Medical Services
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
FAX (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter IV, Section 1, Recipient Restriction and Narcotic Prescriber Program
PROPOSED RULE NUMBER: 2001-P144
CONCISE SUMMARY: The Recipient Restriction Program limits selected Medicaid recipients who have a history of over-utilizing Medicaid benefits to receiving their primary medical care from one primary care provider. This rule will add The Narcotic Prescriber Program, where Medicaid recipients who have a history of over-utilizing narcotics may be enrolled in a program where they will be limited to a single prescriber for all narcotic prescriptions.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPATIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173
PUBLIC HEARING:
Date: June 18, 2001, 1:00 p.m.
Location: Department of Human Services, 1st floor Conference Room, 35 Anthony Avenue, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 11, 2001.
DEADLINE FOR COMMENTS: June 29, 2001
AGENCY CONTACT PERSON: Patricia Dushuttle, Comprehensive Health Planner
AGENCY NAME: Medicaid Policy Development
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5527
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf or Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Chapter IX, Section 1, Healthy Maine Prescriptions and Section 2, Drugs for the Elderly
PROPOSED RULE NUMBER: 2001-P145
CONCISE SUMMARY: This proposed rule is a new rule which implements the State's federally approved drug waiver. This waiver allows individuals with household income under 300% of poverty to purchase prescription drugs at a reduced price. Section 2 of this proposed new rule integrates the existing Low-Cost Drugs for the Elderly and Disabled Program into Healthy Maine Prescriptions. Related emergency rules will be filled in the near future in order to implement the Healthy Maine Prescription Program by June 1, 2001.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 254, 258
PUBLIC HEARING: June 21, 2001, at 1 p.m. in the Washington Room, Augusta Civic Center, Community Drive, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 6, 2001.
DEADLINE FOR COMMENTS: July 2, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Director, Policy and Programs
AGENCY NAME: Bureau of Medical Services
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
RULE TITLE OR SUBJECT: Ch. 101, Maine Medical Assistance Manual: Ch. 1, General Administrative Policies and Procedures
PROPOSED RULE NUMBER: 2001-P146
CONCISE SUMMARY: The proposed rule updates Chapter 1, General Administrative Policies and Procedures, to reflect changes in the program. More specifically, the proposed rule: clarifies provider requirements; adds additional considerations for recipients under the Healthy Maine Prescription drug eligibility waiver and Drugs for the Elderly & Disabled Program; inserts toll free numbers for direct contact of the Third Party Liability Unit and Office of Administrative Hearings; clarifies reimbursement restrictions; deletes specific categories of Co-Pay exemptions; clarifies procedures for provider requests for informal appeals and the governing Principles of Reimbursement; and makes related administrative changes.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 22 MRSA 42, 3173, 254, 258
PUBLIC HEARING: June 20, 2001 at 1:30 p.m. in the first floor conference room, 35 Anthony Avenue, Augusta, Maine. Any interested party requiring special arrangements to attend the hearing must contact the agency person listed below before June 6, 2001.
DEADLINE FOR COMMENTS: July 2, 2001
AGENCY CONTACT PERSON: Marianne Ringel, Director, Policy and Programs
AGENCY NAME: Bureau of Medical Services
ADDRESS: 35 Anthony Avenue, 11 State House Station, Augusta, Maine 04333-0011
TELEPHONE: (207) 624-5518
FAX: (207) 624-5524
TTY: 1 (800) 423-4331 or (207) 287-1828 (Deaf/Hard of Hearing)


ADOPTIONS

AGENCY: 10-144 - Department of Human Services, Bureau of Health, Division of Health Engineering, Drinking Water Program
CHAPTER NUMBER AND TITLE: Ch. 235, Rules Relating to Bottled Water, Bulk Water, and Water Vending Machines
ADOPTED RULE NUMBER: 2001-161
CONCISE SUMMARY: The changes to the State of Maine Rules Relating to Bottled Water involve updating the specific rule sections to coincide with the changes made to Federal Law and in the Bottled Water Industry.
EFFECTIVE DATE: May 7, 2001
AGENCY CONTACT PERSON: Ebrahim Habib
AGENCY NAME: Division of Health Engineering
ADDRESS: State House Station 10, Augusta, ME 04333
TELEPHONE: (207) 287-6471
TTY: (207) 287-2070


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities
ADOPTED RULE NUMBER: 2001-162
CONCISE SUMMARY: Attached is a copy of the final rules for the "Regulations Governing the Licensing and Functioning of Skilled Nursing Facilities and Nursing Facilities". Chapter 1 provides definitions for direct-care providers and direct care. Direct-care providers means Registered Nurses, Licensed Practical Nurses, and Certified Nurses Assistants who provide direct care to nursing facility residents. Direct-care means hands on care provided to residents, including, but not limited to, feeding, bathing, toileting, dressing, lifting, moving residents, treatments and medication administration. "Direct Care" does not include food preparation, housekeeping or laundry services except in circumstances when such services are required to meet the needs of an individual resident on a given occasion. This rule also requires the Department to issue a default license when a completed application for a new facility has been submitted and the necessary notifications, inspections or services from the Division of Licensing and Certification and the Department of Public Safety has not been provided. Chapter 6 has an addition which states that nursing facilities must refund any payment received for a period of time that Medicaid eligibility was pending and the resident was eligible for Medicaid. Finally, Chapter 9 changes the minimum staffing ratios to one direct care provider for every five (5) residents on the day shift; one (1) direct-care provider for every ten (10) residents on the evening shift; and one (1) direct-care provider for every fifteen (15) residents on the night shift.
EFFECTIVE DATE: June 1, 2001
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 11 State House Station, 35 Anthony Avenue, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
(207) 624-5512 (TTY)


AGENCY: 13-188 - Department of Marine Resources

CHAPTER NUMBER AND TITLE: Ch. 25.75, Lobster Import/Export Permit
ADOPTED RULE NUMBER: 2001-163
CONCISE SUMMARY: The Commissioner has adopted the lobster import/export permit regulations. Preculling, shipping and vehicle seals and records shall be replaced by Department issued preprinted "DMR" seals. The DMR seals will be numbered sequentially for improved tracking and record keeping purposes. A preculling storage area has been added and defined with control steps required to be taken during its use. Dead or diseased lobsters shall be disposed of per HACCP regulations. The regulation has been renumbered.

CHAPTER NUMBER AND TITLE: Ch. 25.94(2)(b), Lobster Management Zones, Zone B, & Ch. 25.94(2)(c), Lobster Management Zones, Zone C
ADOPTED RULE NUMBER: 2001-164
CONCISE SUMMARY: Revisions to the western boundary for Lobster Management Zone B and the eastern boundary for Zone C have been adopted. These amendments more accurately reflect historic fishing ground use in Jericho Bay. The revised boundary begins at the southern end of Newbury Neck, passing through several points then following the western side of the Swans Island Lobster Conservation Area boundary to the intersection of the 3-mile limit, then following a line 180 degrees magnetic south to the Exclusive Economic Zone.

CHAPTER NUMBER AND TITLE:
Ch. 34.10, Maine Groundfish Management Plan, sections:
Ch. 34.10(l)(B)(2)(a), Recreational - Minimum Fish Sizes (Summer Flounder) and
Ch. 34.10(l)(B)(4), Commercial and Recreational Effort Restrictions, Summer Flounder
ADOPTED RULE NUMBER: 2001-165
CONCISE SUMMARY: The adopted regulations prescribe the measures by which the Department of Marine Resources shall implement the requirements of the Atlantic States Marine Fisheries Commission (ASMFC) Summer Flounder Plan. In future years when the annual quota for summer flounder has been reached the public would be informed by public notice in a newspaper of statewide circulation. Also, the summer flounder recreational fishing minimum size of 15.5 inches and 6 fish per day creel limit have also been adopted for compliance with the ASMFC Summer Flounder Plan.

EFFECTIVE DATE: May 23, 2001
AGENCY CONTACT PERSON: Laurice U. Churchill
AGENCY NAME: Department of Marine Resources
ADDRESS: P.O. Box 8, West Boothbay Harbor, Maine 04575-0008
TELEPHONE: (207) 633-9584


AGENCY: 05-071 - Department of Education
CHAPTER NUMBER AND TITLE: Ch. 180, Early Intervention and Special Education for Children Age Birth to Under Age Six
ADOPTED RULE NUMBER: 2001-166
CONCISE SUMMARY: These amendments:
1. permit the use of current relevant information about the child being considered for extended school year (ESY) services, rather than duplicating that information with additional evaluations; and
2. permit evaluators who have evaluated a child for eligibility to also provide services when it is in the best interest of the child, and/or necessary to meet compliance requirements and/or necessary to provide an otherwise unavailable specialized service.
EFFECTIVE DATE: May 26, 2001
AGENCY CONTACT PERSON: Jaci Holmes
AGENCY NAME: Child Development Services State Office
ADDRESS: Cross State Office Building, 5th Floor, 146 State House Station, Augusta, Maine 04333
TELEPHONE: (207) 624-6660


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