| 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; |