• Rulemaking Jan. 11

Public Input for Proposed 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 §11112). WorldWide 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 (http://www.maine.gov/sos/cec/rules/liaisons.html), who are single points of contact for each agency.

PROPOSALS

AGENCY: 06-096 - Department of Environmental Protection (DEP)
CHAPTER NUMBER AND TITLE: Ch. 426, Responsibilities under the Returnable Beverage Container Law
PROPOSED RULE NUMBER: 2017-P001
BRIEF SUMMARY: The principle purpose for proposing this rule is to create Department of Environmental Protection (DEP) rules for implementing the Container Redemption Law including:
- update of citations consistent with the transfer of the program from Department of Agriculture, Conservation and Forestry (DACF) to DEP;
- clarification of responsibilities related to initiation of deposit and label registrations;
- addition of provisions that currently exist only in statute; and
- general "clean-up" of the rule, e.g., removal of duplicative provisions, consistent use of terminology, integration of standards from DACF redemption center inspection form currently "incorporated herein by reference", some minor reorganization of existing provisions.
PUBLIC HEARING: January 31, 2017 at 1 p.m., Marquardt Building - Room 118, 32 Blossom Lane, Augusta, Maine 04333.
COMMENT DEADLINE: The deadline for receipt of written comments on the proposed rule is 5 p.m., February 10, 2017. Please include your name and the organization you represent, if any.
CONTACT PERSON FOR THIS RULE / SMALL BUSINESS INFORMATON: Tom Graham, DEP, 17 State House Station, Augusta ME 04333-0017. Telephone: (207) 287-7598. E-mail: Tom.Graham@Maine.gov . DEP RULE SITE: www.maine.gov/dep/rules .
IMPACT ON MUNICIPALITIES OR COUNTIES: None anticipated


AGENCY: 06-096 - Department of Marine Resources (DMR)
CHAPTER NUMBER AND TITLE: Ch. 25, Lobster and Crab: 25.04, Lobster Trawl Limits; 25.93, Management Framework for Limiting Lobster Fishing Effort on a Local or Regional Basis - Operational Rules; 25.96, Lobster Apprentice Program
PROPOSED RULE NUMBER: 2017-P002
BRIEF SUMMARY: This proposed rule-making addresses: 1) expanding the Hancock County Trawl Limit area in Zone B, 2) amending the exit ratio for Zone B; 3) creating an exit ratio for Zone C; 4) amending the exit ratio for Zone E; 4) creating a separate waiting list for existing lobster license holders wishing to change their declared lobster zone (a "transfer" list); and 5) making minor clarifications for consistency with recent legislative changes.
This rule-making proposes to expand the Hancock Country Trawl Limit area in Zone B. In this area it is unlawful to have more than 3 lobster traps on any trawl. One of the lobster zone council authorities is to propose the number of lobster traps allowed on a trawl. The Zone B Council is proposing to extend the western boundary of the Hancock County Trawl Limit line to the 6-mile line.
This rule-making proposes to change the Zone B 5:1 exit ratio using the currency of lobster licenses not renewed to a 3:1 exit ratio using the currency of lobster license not renewed. At the Lobster Zone B Council meeting on September 21, 2016, there was a unanimous vote by the Zone B Council to advance this to rule-making.
This rule-making also proposes to establish Zone C as a limited entry zone with an exit ratio of 1:1 using the currency of lobster licenses not renewed. At the Lobster Zone C Council meeting on September 8, 2016, there was a majority vote by the Zone C Council to advance to rule-making.
This rule-making also proposes to change the Zone E 5:1 exit ratio currency from the number of trap tags associated with licenses not renewed to the number of licenses not renewed. At the Lobster Zone E Council meeting on February 29, 2016, there was a majority vote by the Zone E Council to advance this to rule-making.
For consistency with changes in statute, this proposed rule-making would also require that limited entry zones that opt to use trap tags retired in their exit ratio calculation, use the historic high of trap tags purchased, up to the current zone limit.
This proposed rule-making also addresses the lobster waiting lists, which currently consists of both apprentices who do not have a lobster license, as well as individuals that do hold a lobster license, but are requesting to switch to a different lobster zone. The Legislature recently passed a law directing the Department of Marine Resources to remove those individuals who already hold a lobster license from the existing waiting list, and create a separate "transfer" waiting list, as authorized by 12 MRS §6448. This rule-making proposes to create a single "transfer" list and make transfers "one for one" with no net increase from transfers in any zone. The Department of Marine Resources would authorize any such "swaps" until there were no matches remaining.
Finally, this proposed rule-making provides a clarification that if an individual completes the apprentice program in multiple zones, individuals would still be required to document at least the minimum of 1,000 fishing hours that is accumulated over a minimum of 200 calendar days in each desired zone. However, the minimum of the 24-month requirement is met 24 months from the date the individual logs their first day in the apprenticeship program.
PUBLIC HEARINGS:
Ellsworth: Monday, January 30, 2017, 6:00 p.m., Ellsworth High School Cafeteria
Wiscasset: Tuesday, January 31, 2017, 6:00 p.m., Wiscasset Elementary School Cafeteria
Portland: Thursday, February 2, 2017, 6:00 p.m., Portland City Hall, State of Maine Room
COMMENT DEADLINE: February 13, 2017
CONTACT PERSON FOR THIS FILING / SMALL BUSINESS INFORMATION: Sarah Cotnoir, Department of Marine Resources, 21 State House Station, Augusta, Maine 04333-0021. Telephone: (207) 624-6596. Fax: (207) 624-6024. TTY: (207) 633-9500 (Deaf/Hard of Hearing). E-mail: Sarah.Cotnoir@Maine.gov .
E-MAIL FOR DMR RULE-MAKING: DMR.rulemaking@Maine.gov .
FINANCIAL IMPACT ON MUNICIPALITIES OR COUNTIES: none

ADOPTIONS

Pursuant to Ch. 380 of the Public Laws of 2011, notice of the adoption of rules will no longer be published in the newspaper rule-making notices; our Wednesday web notices will continue to carry them, however. Information on rules adopted through the Maine Administrative Procedure Act as well as the full text of adopted rules is available on the internet at http://www.maine.gov/sos/cec/rules .
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