H.P. 346 - L.D. 468
An Act Pertaining to the Aquaculture Lease Law
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6072, sub-§2, ¶B, as amended by PL 1987, c. 453, §1, is repealed.
Sec. 2. 12 MRSA §6072, sub-§4, ¶B, as enacted by PL 1977, c. 661, §5, is amended to read:
B. Describe the location of the proposed lease
tract area by coordinates or metes and bounds;
Sec. 3. 12 MRSA §6072, sub-§4, ¶D-2, as enacted by PL 1987, c. 453, §1, is repealed.
Sec. 4. 12 MRSA §6072, sub-§5-A, as enacted by PL 1987, c. 453, §1, is amended to read:
5-A. Department site review. Prior to the lease hearing, the department shall conduct an assessment of the proposed site and surrounding area to determine the possible effects of the lease on commercially and ecologically significant flora and fauna and conflicts with traditional fisheries. This review
shall must take place any time between May and September inclusive April 1st and November 15th. This information shall must be provided to the intervenors and made available to the public 30 days before the hearing. As part of the site review, the department shall request information from the municipal harbor master about designated or traditional storm anchorages in proximity to the proposed lease. The commissioner may by rule establish levels of assessment appropriate to the scale or potential environmental risk posed by a proposed lease activity. The rules must provide a method of establishing a baseline to monitor the environmental effects of a lease activity. Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.
Sec. 5. 12 MRSA §6072, sub-§6, ¶C, as enacted by PL 1987, c. 453, §1, is amended to read:
C. The Department of Environmental Protection
and, the Department of Conservation shall and the Department of Inland Fisheries and Wildlife must be notified of all lease applications.
Sec. 6. 12 MRSA §6072, sub-§13, ¶F, as amended by PL 1993, c. 525, §1, is further amended to read:
F. For defining application requirements, an application review process and decision criteria; and
Sec. 7. 12 MRSA §6072, sub-§16, as enacted by PL 1991, c. 381, §4, is repealed.
See title page for effective date.
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