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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

August 8, 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 1, Open Water and Ice Fishing Regulations
PROPOSED RULE NUMBER: 2001-P189
CONCISE SUMMARY: The Department of Inland Fisheries and Zildlife is beginning its schedule of public hearings to consider regulation changes for the upcoming ice fishing and open water fishing seasons. These regulation changes are necessary to provide for the effective conservation of Maine's.inland fisheries, and enhance fishing opportunities throughout the State. A list of proposals to be heard at the below listed public hearing can be obtained from the Agency Contact Person listed below. This is the second in a series of notices to advertise upcoming public hearings which will be held throughout the State.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: August 28, 2001, Rangeley Lakes Regional School, Multi-Purpose Room, Loon Lake Road, Rangeley, 6:30 p.m.
DEADLINE FOR COMMENTS: September 14, 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: 09-137 - Department of Inland Fisheriesand Wildlife
RULE TITLE OR SUBJECT: Ch. 4, Hunting and Trapping: 4.02, Migratory Bird Hunting Season
PROPOSED RULE NUMBER: 2001-P190
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has scheduled a public hearing to consider adoption of the following rules pertaining to season dates, bag limits and shooting hours for the hunting of ducks, geese and other migratory game birds (SUBJECT TO CHANGE TO COMPLY WITH FINAL FEDERAL GUIDELINES PUBLISHED IN SEPTEMBER).
1) Ducks (except Black Ducks): NORTH ZONE: October 1 through December 7, 2001. SOUTH ZONE: October 1 through October 20, 2001, and November 5 through December 21, 2001
Black Duck Season: NORTH ZONE: October 6 through December 7, 2001. SOUTH ZONE: October 6 through October 20, 2001, and November 5 through December 21, 2001
Daily Limit: 4; Possession Limit: 8 with the following exceptions:
a. From October 1 - 5, NO BLACK DUCKS MAY BE TAKEN.
b. Closed season for Harlequin ducks.
c. Daily limit: 1; possession limit: 2 for black ducks, pintail, canvasback, mottled ducks and fulvous tree ducks.
d. Daily limit: 2; possession limit: 4 for hen mallard, wood ducks and redhead ducks.
e. In addition to the daily limit of 4, two (2) additional teal may be taken per day (either blue-winged teal or green-winged teal). NOTE: A possession limit of 12 is permitted providing that it includes 4 or more teal.
f. Daily limit: 3; possession limit: 6 for scaup.
2) Mergansers and American coots: SEASON SAME AS DUCKS.
Daily limit 5; possession limit 10 with the following exceptions:
a. Hooded mergansers: daily limit: 1; possession limit: 2.
b. American coots: Daily limit 15, possession limit 30.
3) Canada Geese (Special Early Season): September 4 through September 25, 2001.
Daily limit: 3; possession limit: 6.
Regular Goose Season: NORTH ZONE: October 1 through November 15, 2001. SOUTH ZONE: October 1 through October 20, 2001, and November 5 through November 29, 2001
Daily limit: 2; possession limit: 4
4) Snow Geese: October 1, 2001 - January 31, 2002. Daily limit 15; no possession limit.
5) Brant: October 1 - November 27, 2001. Daily limit 2; possession limit 4.
6) Special Falconry Season: In addition to the regular migratory bird season on ducks, mergansers, American coots:
NORTH ZONE: December 8, 2001 - January 23, 2002. SOUTH ZONE: January 7, 2002 - February 28, 2002
Falconry season daily bag and possession limits for all permitted migratory game birds shall not exceed 3 and 6 birds respectively, singly or in the aggregate.
7) Sea Ducks (scoter, eider, old squaw): October 1, 2001 through January 19, 2002. Daily limit 7; possession limit 14 with following exceptions: Scoter (Sea Coot): daily limit: 4; possession limit: 8. Common Eider: daily limit: 5; possession limit: 10.
8) Woodcock: October 6 through November 3, 2001. Daily limit 3; possession limit 6.
9) YOUTH WATERFOWL HUNT: September 22, 2001. Bag limits as above except that youth hunters may take 1 black duck. Special regulations will apply to youth and accompanying adult.
Copies of the proposed rules may be obtained from the Agency Contact Person.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 7035 and 7456
PUBLIC HEARING: Monday, August 27, 2001 at 6:3 0 p.m. at the Augusta Civic Center, Lincoln/Oxford Room, Civic Center Drive, Augusta, ME
DEADLINE FOR COMMENTS: August 27, 2001
AGENCY CONTACT PERSON: Andrea Erskine, Inland Fisheries and Wildlife, #41 State House Station, 284 State Street, Augusta, ME 04333
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-P191
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife is proposing minor regulation changes for the upcoming ice fishing and open water fishing regulations needed to provide for the effective conservation of Maine's inland fisheries, and enhance fishing opportunities throughout the State. A list of these proposals (being considered without public hearing) may be obtained from the Agency Contact Person listed below. Written comments may be submitted on any of the proposals on this list. These changes are in addition to the proposals being heard at previously advertised public hearings.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARINGS: None scheduled - one may be requested.
DEADLINE FOR COMMENTS: September 14, 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: 09-137 - Department of Inland Fisheries and Wildlife
RULE TITLE OR SUBJECT: Ch. 2.04, Rules Pertaining to Fishing Derbies and Tournaments
PROPOSED RULE NUMBER: 2001-P192
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife proposes to adopt a rule to amend certain provisions of Ch. 2.04 as follows: 1) strike "and tournaments" from the rule for simplification. The term "derby or tournament" is used throughout the rule and causes confusion with bass tournaments which are regulated by another chapter; 2) increase the cash value of prizes (excluding door prizes) that may be awarded at any single fishing derby to $25,000 (currently cannot exceed $20,000) when: a) the derby is of a statewide or regional nature, involves more than a single body of water; b) only involves waters not managed by the Department for coldwater fish species; or c) when the derby is consistent with and facilitiates the achievement of the Department's fisheries management objectives for the species and inland water on which the event will be held. In addition, this amendment clarifies that no derby will be permitted if the issuance is inconsistent with the fisheries management objectives of the water(s) being affected and also clarifies that, unless otherwise provided, all participants in a derby must comply with the licensing requirements of 12 MRSA Ch. 701 to 721.
STATUTORY AUTHORITY: 12 MRSA 7035, 7155
PUBLIC HEARING: None scheduled - one may be requested. Comments may be submitted in writing to the address below.
DEADLINE FOR COMMENTS: September 8, 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
E-MAIL: andrea.erskine@maine.gov


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-P193
CONCISE SUMMARY: The Department of Inland Fisheries and Wildlife has been petitioned to consider regulation changes on Moosehead Lake for the upcoming ice fishing and open water fishing seasons as follows: 1) Increase the daily bag limit on togue to 5 fish (only 1 may be longer than 18 inches; all 5 may be between 14 and 18 inches) during the open water and ice fishing seasons; 2) Increase the minimum legal length limit on lake brook trout to 14 inches during the open water and ice fishing seasons; 3) Increase the minimum legal length limit on salmon to 16 inches during the open water season; and 4) Prohibit any illegally introduced warmwater fish (currently white perch, yellow perch and bass) from being released alive back into the lake during open water and ice fishing season and remove any size or bag limit on such fish. These petition requests will be heard at the below listed public hearing.
STATUTORY AUTHORITY: 12 MRSA 7035
PUBLIC HEARING: August 30, 2001, Nickerson Elementary School, All-Purpose Room, Greenville -- 6:30 p.m.
DEADLINE FOR COMMENTS: September 14, 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: 13-188 - Department of Marine Resources
RULE, TITLE OR SUBJECT: Ch. 55.25, Use of draggers in Penobscot Bay, Knox County
PROPOSED RULE NUMBER: 2001-P194
CONCISE SUMMARY: Rulemaking on Ch. 55.25 (a Private and Special Law of 1959, Ch. 155, 56-A) is proposed to clarify the legal status of this regulation based on two separate statutes. Pursuant to Public Law Ch. 661, 8, enacted in 1978, all Department of Marine Resources regulations in existence at that time were to remain in effect until amended or repealed, and therefore, to repeal this regulation it must be repromulgated as a repealed regulation. However, pursuant to 5 MRSA 8057 enacted in 1978, all agency regulations became void as of July 1, 1979 unless readopted, and therefore, conversely, to be in effect, the regulation must be repromulgated. Accordingly, a comment period and hearing are scheduled to determine the merits of keeping or repealing this regulation.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 6171 and 6171-A
PUBLIC HEARING: Wednesday, August 29, 2001, 7:00 p.m., St. George Town Hall, School St., Tenants Harbor
DEADLINE FOR COMMENTS: September 8, 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
TTY: (207) 287-4474 (Deaf/Hard of Hearing).
If you require accommodations due to disability, please contact Breena Whitcomb at (207) 624-6567.


AGENCY: 04-059 - Department of Conservation, Bureau of Parks and Lands
RULE TITLE OR SUBJECT: Revisions to Ch. 3, the Maine State Aids To Navigation System
PROPOSED RULE NUMBER: 2001-P195
CONCISE SUMMARY: These amendments are being made in order to:
* more clearly define the size, color and reflective material to be used to identify bait traps and baitfish holding boxes;
* eliminate rules for maintenance agreements;
* make the use of the term "motorboat" consistent with its use in DIF&W rules;
* eliminate unnecessary warning about channel irregularities; and
* accurately describe the location of wording on small buoys.
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 12 MRSA 1894
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 10, 2001
AGENCY CONTACT PERSON: Timothy Thurston
AGENCY NAME: Department of Conservation
ADDRESS: Bureau of Parks and Lands #22 State House Station, Augusta, ME 04330-0022
TELEPHONE: (207) 582-5771


AGENCY: 65-407 - Public Utilities Commission
RULE TITLE OR SUBJECT: Ch. 22, Retroactive Telephone Inter-Company Settlements
PROPOSED RULE NUMBER: 2001-P196
CONCISE SUMMARY: The Commission is instituting this rulemaking to repeal Ch. 22 of the Commission's Rules (65-407 CMR 22), Retroactive Telephone Inter-Company Settlements
THIS RULE WILL NOT HAVE A FISCAL IMPACT ON MUNICIPALITIES.
STATUTORY AUTHORITY: 35-A MRSA 104, 111
PUBLIC HEARING: None scheduled; one may be requested.
DEADLINE FOR COMMENTS: September 7, 2001
AGENCY CONTACT PERSON: Mary Broad
AGENCY NAME: Public Utilities Commission
ADDRESS: 242 State Street, Station 18, Augusta, Maine, 04333-0018
TELEPHONE: (207) 287-1396


ADOPTIONS

AGENCY: 01-015 - Maine Milk Commission
CHAPTER NUMBER AND TITLE: Ch. 3, Schedule of Minimum Prices - Order #08-01
ADOPTED RULE NUMBER: 2001-284
CONCISE SUMMARY: Minimum August, 2001 producer Class I price is $18.65 plus $.15/cwt. Producer Cost of Production and an over order premium of $1.00/cwt. as being prevailing in southern New England for a total of $19.80. Class II minimums set at $16.20 which includes $.15/cwt. for Cost of Production. These changes were passed on in minimum prices.
EFFECTIVE DATE: August 1, 2001
AGENCY CONTACT PERSON:
NAME: Stanley K. Millay, Executive Director, Maine Milk Commission, Deering Building-Station #28, Augusta, Maine 04333
TELEPHONE: (207) 287-3741


AGENCY: 09-137 - Department of Inland Fisheries and Wildlife
CHAPTER NUMBER AND TITLE: Ch. 21, Licensing and Registration Agents
ADOPTED RULE NUMBER: 2001-285
CONCISE SUMMARY: The Commissioner of Inland Fisheries and Wildlife has adopted rules regarding the selection of agents to sell licenses, permits and registrations and the reporting requirements and payment procedures for those agents. A copy of the adopted rule may be obtained from the agency contact person listed below.
EFFECTIVE DATE: August 26, 2001
AGENCY CONTACT PERSON: Andrea Erskine
AGENCY NAME: Department of Inland Fisheries and Wildlife
ADDRESS: #41 State House Station, Augusta, ME 04333-0041
TELEPHONE: (207) 287-5201


AGENCY: 10-144 - Department of Human Services, Bureau of Medical Services
CHAPTER NUMBER AND TITLE: Ch. 112, Regulations for the Licensure of General and Specialty Hospitals
ADOPTED RULE NUMBER: 2001-286
CONCISE SUMMARY The final regulations reflect current practices in hospitals today. Ch. XXI., Quality Management Process, defines the components of the Quality Management Program. Ch. XXIII., Psychiatric Unit, and Ch. XXV., Psychiatdc Hospital Requirements, address the requirement under the Federal Conditions of Participation to include the new patient rights. All the other chapters include current practice issues and clarity to existing language. The original regulations have been in use since 1972.
EFFECTIVE DATE: September 1, 2001
AGENCY CONTACT PERSON: Louis T. Dorogi, Director
AGENCY NAME: Division of Licensing and Certification
ADDRESS: 35 Anthony Avenue, Station #11, Augusta, Maine 04333
TELEPHONE: (207) 624-5443
TTY: (207) 624-5512 (Deaf/Hard of Hearing)
FAX: (207) 624-5378


AGENCY: 94-457 - Finance Authority of Maine
CHAPTER NUMBER AND TITLE: Ch. 607, Amendment 5; Access to Medical Education and Health Professions Loan Program
ADOPTED RULE NUMBER: 2001-287
CONCISE SUMMARY: The 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.
EFFECTIVE DATE: August 5, 2001
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)
TDD: (207) 626-2715


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