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PUBLIC LAWS OF MAINE
First Special Session of the 118th

CHAPTER 138
H.P. 346 - L.D. 468

An Act Pertaining to the Aquaculture Lease Law

Be it enacted by the People of the State of Maine as follows:

     Sec. 1. 12 MRSA §6072, sub-§2, ¶B, as amended by PL 1987, c. 453, §1, is repealed.

     Sec. 2. 12 MRSA §6072, sub-§4, ¶B, as enacted by PL 1977, c. 661, §5, is amended to read:

     Sec. 3. 12 MRSA §6072, sub-§4, ¶D-2, as enacted by PL 1987, c. 453, §1, is repealed.

     Sec. 4. 12 MRSA §6072, sub-§5-A, as enacted by PL 1987, c. 453, §1, is 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. This review shall must take place any time between May and September inclusive April 1st and November 15th. This information shall 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 this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.

     Sec. 5. 12 MRSA §6072, sub-§6, ¶C, as enacted by PL 1987, c. 453, §1, is amended to read:

     Sec. 6. 12 MRSA §6072, sub-§13, ¶F, as amended by PL 1993, c. 525, §1, is further amended to read:

     Sec. 7. 12 MRSA §6072, sub-§16, as enacted by PL 1991, c. 381, §4, is repealed.

See title page for effective date.

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