| 5.__Horsepower.__Governing the horsepower of motors used to |
| propel watercraft on all internal waters of this State. In |
| 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 ensure the safety of |
| persons and property. The adoption of rules under this subsection |
| is governed by the Maine Administrative Procedure Act, 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; |