LD 1417
pg. 9
Page 8 of 16 An Act To Make Changes to the Laws Governing Aquaculture Leasing Page 10 of 16
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LR 1908
Item 1

 
Sec. 18. 12 MRSA §6072-A, sub-§17, as enacted by PL 1997, c. 231, §6, is
repealed:

 
Sec. 19. 12 MRSA §6072-A, sub-§17-A is enacted to read:

 
17-A.__Notification of granted leases.__After the granting
of a limited-purpose lease:

 
A.__The department shall notify all riparian owners and
interested parties and the municipality in which the lease
is located that a lease has been granted.__The notice must
include a description of the area and how a copy of the
lease may be obtained.

 
B.__The lessee shall mark the leased area in a manner
prescribed by the commissioner; and

 
C.__The lessee shall annually submit to the commissioner a
report for the past year on results of the scientific
research or commercial research and development undertaken
at the lease site and a plan for the coming year.__Results
of commercial research and development submitted to the
commissioner are confidential records for the purposes of
Title 1, section 402, subsection 3, paragraph A.__Upon
written request, the commissioner shall provide a copy of
the public records in the report to the municipality or
municipalities in which or adjacent to which the lease is
located.

 
Sec. 20. 12 MRSA §6072-A, sub-§21, as enacted by PL 1997, c. 231, §6,
is repealed.

 
Sec. 21. 12 MRSA §6072-A, sub-§22 is enacted to read:

 
22.__Monitoring and revocation of leases.__The department
shall monitor a lease under this section on an annual basis.
If aquaculture has been conducted in a manner substantially
injurious to marine organisms, if no substantial aquaculture
or research has been conducted over the course of the lease or
if any condition of the lease has been violated, the
commissioner may initiate revocation proceedings and revoke
the lease.__The department shall hold a hearing with public
notice prior to revoking any lease.__A lease revocation is an
adjudicatory proceeding under Title 5, chapter 375, subchapter
4.

 
Sec. 22. 12 MRSA §6077, sub-§4, ķA, as enacted by PL 1991, c. 381,
§6, is amended to read:


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