E. The Except as provided in subsection 13-A, the lease does not result in a person being a tenant of any kind in leases covering an aggregate of more than 250 300 acres; and

Sec. A-4. 12 MRSA §6072, sub-§4, ¶J, as enacted by PL 1987, c. 453, §1, is amended to read:

J. Include a nonrefundable application fee of at least $100, but not more than $1,000 $2,000, the amount to be set by the commissioner depending on the proposed acreage, type of aquaculture proposed and complexity of the application.

Sec. A-5. 12 MRSA §6072, sub-§5-A, as amended by PL 1997, c. 138, §4, is further amended to read:

5-A. Department site review. Prior to the lease hearing, the department shall conduct an assessment of the proposed site and surrounding area to determine the possible effects of the lease on commercially and ecologically significant flora and fauna and conflicts with traditional fisheries and all other uses. This review must take place any time between April 1st and November 15th. This information must be provided to the intervenors and made available to the public 30 days before the hearing. As part of the site review, the department shall request information from the municipal harbor master about designated or traditional storm anchorages in proximity to the proposed lease. The commissioner may by rule establish levels of assessment appropriate to the scale or potential environmental risk posed by a proposed lease activity. The rules must provide a method of establishing a baseline to monitor the environmental effects of a lease activity. Rules adopted pursuant to under this subsection are major substantive rules pursuant to as defined by Title 5, chapter 375, subchapter II-A 2-A.

Sec. A-6. 12 MRSA §6072, sub-§7-A, as amended by PL 2003, c. 247, §4, is further amended to read:

7-A. Decision. The In evaluating the proposed lease, the commissioner shall take into consideration the number and density of aquaculture leases in an area and may grant the lease if the proposed project lease meets the following conditions as defined by rule:.

A. Will The lease will not unreasonably interfere with the ingress and egress of riparian owners;.