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RESOLVES
First Regular Session of the 121st

CHAPTER 20
H.P. 1023 - L.D. 1396

Resolve, Regarding Legislative Review of Portions of Chapter 2: Aquaculture Lease Regulations, a Major Substantive Rule of the Department of Marine Resources

     Emergency preamble. Whereas, Acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and

     Whereas, the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A requires legislative authorization before major substantive agency rules may be finally adopted by the agency; and

     Whereas, the above-named major substantive rule has been submitted to the Legislature for review; and

     Whereas, immediate enactment of this resolve is necessary to record the Legislature's position on final adoption of the rule; and

     Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

     Sec. 1. Adoption. Resolved: That final adoption of portions of Chapter 2: Aquaculture Lease Regulations, a provisionally adopted major substantive rule of the Department of Marine Resources that has been submitted to the Legislature for review pursuant to the Maine Revised Statutes, Title 5, chapter 375, subchapter 2-A, is authorized only if the rules are amended as follows:

     1. The rules must be amended in section 2.27, Department Site Review, subsection 2, Documented Information, in the last paragraph, to strike the phrase "ecologically significant flora and fauna,".

     Emergency clause. In view of the emergency cited in the preamble, this resolve takes effect when approved.

Effective May 15, 2003.

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