| 4. Horsepower. Rules governing the horsepower of motors used |
to propel watercraft on all internal waters of this State. In |
promulgating adopting these rules, the commissioner shall take |
into consideration the area of the internal waters, the use to |
which the internal waters are put, the depth of the water and the |
amount of water-borne traffic upon the waters and determine |
whether or not the rule is necessary to insure ensure the safety |
of persons and property. The adoption of rules under this |
subsection is governed by the Maine Administrative Procedure Act, |
Title 5, Part 18, except that such rules may be only adopted as a |
result of a petition from the municipal officers of the |
municipality or municipalities in which the waters exist or from |
25 citizens of the municipalities in which the waters exist, by |
county commissioners of the county in which the waters exist if |
they are located in unorganized territory or 25 citizens of the |
unorganized territory in which the waters exist, requesting the |
issuance of such a rule for a particular body of internal water |
and stating the proposed horsepower limitation;. |