LD 1417
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LR 1908
Item 1

 
paragraph are considered confidential business record
information for the purposes of section 6077.

 
Sec. 7. 12 MRSA §6072, sub-§11, as amended by PL 1987, c. 453, §1, is
further amended to read:

 
11. Monitoring and revocation of leases. The lease department
shall be monitored by the department monitor a lease under this
section on an annual basis. If substantially no research or
aquaculture has been conducted within the preceding year, or if
it 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 other condition of the lease has been violated, the
commissioner shall may initiate revocation proceedings and may
revoke the lease. A lease revocation shall be is an adjudicatory
proceeding under the Maine Administrative Procedure Act, Title 5,
chapter 375, subchapter IV 4. A The department shall hold a
hearing with public notice shall be held prior to revoking any
lease.

 
Sec. 8. 12 MRSA §6072, sub-§12, as amended by PL 1997, c. 609, §2, is
repealed and the following enacted in its place:

 
12.__Renewal.__The__commissioner shall renew a lease if:

 
A.__The commissioner receives, at least 90 days prior to the
termination of a lease, an application for renewal that
includes information on the type and amount of aquaculture
to be conducted during the new lease term;

 
B.__The lessee has complied with the lease agreement during
the term of the lease;

 
C.__The commissioner determines that renewal of the lease is
in the best interest of the State;

 
D.__The renewal will not cause the lessee to become a tenant
of any kind in leases covering an aggregate of more than 250
acres; and

 
E.__The lease is not being held for speculative purposes.

 
When aquaculture has not been routinely or substantially
conducted on a lease that is proposed for renewal, the
commissioner may renew the lease, as long as the proposed renewal
will continue to meet the criteria for approval in subsection 7-
A.

 
A lease renewal is an adjudicatory proceeding under Title 5,
chapter 375, subchapter 4.__Public notice must be given as


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