| 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 must take place |
any time between April 1st and November 15th June 15th and |
| September 15th. This information 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. |