LD 1417
pg. 8
Page 7 of 11 PUBLIC Law Chapter 247 Page 9 of 11
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LR 1908
Item 1

 
indicated on each page or other portion of information. The
commissioner shall establish procedures to ensure that
information so designated is segregated from public records of
the department. The department's public records must include
the indication that information so designated has been
submitted to the department, giving the name of the submittor
and the general nature of the information. Upon a request for
information, the scope of which includes information so
designated, the commissioner shall notify the submittor.
Within 15 days after receipt of the notice, the submittor
shall demonstrate to the satisfaction of the department that
the designated information should not be disclosed because the
information is a trade secret or production, commercial or
financial information, the disclosure of which would impair
the competitive position of the submittor and would make
available information not otherwise publicly available.
Unless such a demonstration is made, the information must be
disclosed and becomes a public record. The department may
grant or deny disclosure for the whole or any part of the
designated information requested and within 15 days shall give
written notice of the decision to the submittor and the person
requesting the designated information. A person aggrieved by
a decision of the department may appeal to the Superior Court.
All information provided by the department to the municipality
under this paragraph is confidential and not a public record
under Title 1, chapter 13. If a request for the information
is submitted to the municipality, the municipality shall
submit that request to the commissioner to be processed by the
department as provided in this paragraph.

 
Sec. 18. 12 MRSA §6078, as amended by PL 1999, c. 156, §4, is
repealed.

 
Sec. 19. 12 MRSA §6078-A is enacted to read:

 
§6078-A.__Aquaculture Monitoring, Research and Development Fund

 
1.__Fund established.__The Aquaculture Monitoring, Research
and Development Fund, referred to in this section as "the fund,"
is established.__All income received by the commissioner under
this section must be deposited with the Treasurer of State,
tracked according to its source and credited to the fund.__Any
balance remaining in the fund at the end of a fiscal year does
not lapse but must be carried forward to the next fiscal year.__
Any interest earned on assets of the fund is credited to the
fund.__All records related to harvests submitted by aquaculture
lease holders are considered confidential business record
information for the purposes of section 6077.


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