LD 1417
pg. 2
Page 1 of 16 An Act To Make Changes to the Laws Governing Aquaculture Leasing Page 3 of 16
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LR 1908
Item 1

 
located within a channel designated under the authority of Title
38, section 2 and whether the proposed lease will unreasonably
interfere with navigation.__The department shall evaluate such a
submission with regard to the approval criteria in subsection 7-
A, paragraphs A, B and F.

 
A municipality may recommend conditions on a proposed lease in
writing to the department during the comment period under this
subsection.__The department shall consider any conditions
recommended by the municipality, and the department shall
provide a written explanation to the municipality at the time
a draft decision is written if the condition is not imposed on
a proposed lease.

 
A municipality has intervenor status upon written request to
the department.

 
In a municipality with a shellfish conservation program under
section 6671, the commissioner may not lease areas in the
intertidal zone within the municipality without the consent of
the municipal officers.

 
Once a lease is issued, a municipality may issue a mooring
permit.__The fee for a mooring permit is the same as that
assigned for other commercial moorings within the
municipality.__A mooring permit may be issued on a plan basis
for all moorings located within an aquaculture lease but may
not be issued for each individual mooring block or anchor.

 
Nothing in this section limits a municipality's ability to
enforce the provisions of an issued mooring permit.

 
Sec. 5. 12 MRSA §6072, sub-§4, as amended by PL 1997, c. 138, §§2
and 3, is repealed.

 
Sec. 6. 12 MRSA §6072, sub-§4-B is enacted to read:

 
4-B.__Applications.__This subsection governs applications
under this section.

 
A.__The department shall conduct a preapplication meeting
with an applicant prior to the submission of an
application under this section to the department.__The
purpose of this meeting is to review the requirements for
an application and to provide specific recommendations to
the applicant regarding the requirements for either an
environmental baseline under subsection 5-A or
characterization.

 
For a meeting on an application that proposes a discharge into
state or coastal waters, the department shall provide


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