H.__For establishing fallowing requirements and procedures.

Sec. A-14. 12 MRSA §6072, sub-§13-A is enacted to read:

13-A.__Lease acreage increase; fallowing.__The commissioner may authorize a person to exceed the 300-acre limit established in subsections 2, 12 and 12-A if that person submits an annual fallowing plan to the commissioner that identifies lease sites that have been actively operated during the lease period and will be fallowed for a 12-month period.__A person may not be a tenant of any kind in leases covering an aggregate of more than 300 nonfallowed acres at any time.__A person may not be a tenant of any kind in leases covering an aggregate of more than 500 acres including fallowed leases at any time.__For purposes of this subsection, "fallow" means a lease site without cultured fish, shellfish, scallops and gear except marked mooring blocks.__A lease site fallowed pursuant to an enforcement action may not be considered fallowed for the purpose of this subsection.

Sec. A-15. 12 MRSA §6072-A, sub-§15, as enacted by PL 1997, c. 231, §6, is amended to read:

15. Conditions. The commissioner may establish conditions that govern the use of the leased area and limitations on the aquaculture activities. These conditions must encourage the greatest multiple, compatible uses of the leased area, but 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 in Title 38, section 465-B.

Sec. A-16. 12 MRSA §6072-D is enacted to read:

§6072-D.__Aquaculture Management Fund

1.__Fund established.__The Aquaculture Management Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund within the department.__All income received by the commissioner under this section must be deposited with the Treasurer of State.__Any balance remaining in the fund at the end of a fiscal year does not lapse and must be carried