H.P. 1434 - L.D. 1998
An Act to Increase the Cap on the Total Acreage of Aquaculture Leases That May Be Held by One Person
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6072, sub-§2, ¶E, as amended by PL 1995, c. 383, §1, is further amended to read:
E. The lease does not result in a person being a tenant of any kind in leases covering an
Sec. 2. 12 MRSA §6072, sub-§12, as amended by PL 1995, c. 383, §2, is further amended to read:
12. Renewal. The commissioner shall grant a lease renewal unless the prior lessee has not complied with the lease agreement during its term, substantially no research or aquaculture has been conducted, the commissioner finds that it is not in the best interest of the State to renew the lease or the renewal will cause the lessee to continue being a tenant of any kind in leases covering an aggregate of more than 150 250 acres, except that the aggregate amount may be up to 200 acres when the leases are used exclusively for the aquaculture of marine organisms by methods other than suspended culture. Renewals may be granted if applied for no later than 30 days after the lapse of the prior lease. A lease renewal is an adjudicatory proceeding under the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV. Public notice must be given as required under subsection 6 of this section and a hearing must be held if it is requested in writing by 5 persons.
Sec. 3. 12 MRSA §6072, sub-§12-A, ¶B, as amended by PL 1995, c. 383, §3, is further amended to read:
B. The commissioner may grant lease transfers if the commissioner determines that:
(1) The change in lessee does not violate any of the standards in subsection 7;
(2) The transfer is not intended to circumvent the intent of subsection 8;
(3) The transfer is not for speculative purposes; and
(4) The transfer will not cause the transferee to be a tenant of any kind in leases covering an aggregate of more than 150 acres, except that the aggregate amount may be up to 200 acres when the leases are used exclusively for the aquaculture of marine organisms by methods other than suspended culture 250 acres.
Effective June 30, 1998, unless otherwise indicated.
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