| The commissioner shall adopt rules to quantify permissible impact | under paragraph G and to establish visual impact criteria under | paragraph H, which are major substantive rules as defined in | Title 5, chapter 375, subchapter 2-A. |
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| | Sec. 5. 12 MRSA §6072, sub-§7-B, as enacted by PL 1987, c. 453, §1, is | amended to read: |
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| | 7-B. Conditions. The commissioner may establish conditions | that govern the use of the leased area and limitations on the | aquaculture activities. These conditions shall must encourage | the greatest multiple, compatible uses of the leased area, but | shall must also address the ability of the lease site and | surrounding area to support ecologically significant flora and | fauna and preserve the exclusive rights of the lessee to the | extent necessary to carry out the lease purpose. The | commissioner may grant the lease on a conditional basis until the | lessee has acquired all the necessary federal, state and local | permits. A lease may not be approved unless the commissioner has | received certification from the Department of Environmental | Protection that the project will not violate the standards | ascribed to the receiving waters classification, Title 38, | section 465-B. |
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| | Sec. 6. 12 MRSA §6072, sub-§10, as amended by PL 1987, c. 453, §1, is | repealed and the following enacted in its place: |
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| | 10.__Notification of granted leases.__After the granting of a | lease: |
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| A.__The lessee shall record the lease in the registry of | deeds of each county in which the leased area is located; |
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| B.__The department shall notify all riparian owners, | intervenors 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; |
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| C.__The lessee shall mark the leased area in a manner | prescribed by the commissioner; and |
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| D.__The lessee shall annually submit to the department a seeding | and harvesting report for the past year and a seeding and | harvesting plan for the coming year.__Upon written request, the | department shall provide a copy of the report to the municipality | or municipalities in which or adjacent to which the lease is | located.__The seeding and harvesting reports submitted by a | lessee under this |
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