Sec. 1. 12 MRSA §6072-C is enacted to read:

§6072-C.__Approval by rule for certain leases

1.__Authority for approval by rule.__Notwithstanding any other provision of law, the commissioner may approve by rule a limited- purpose lease application under section 6072-A for commercial aquaculture research and development or scientific research if:

A.__The proposed lease activity generates no discharge into the coastal waters;

B.__The proposed lease activity requires no baseline study under the department's environmental characterization and baseline rules for aquaculture leases;

C.__The lease applicant utilizes aquaculture gear approved by the commissioner under subsection 2;

D.__The lease applicant submits written input on the proposed activity's impact on navigation and existing fisheries and on the lease applicant's efforts to make the lease application available for public review and discussion within the proposed lease area and the municipality; and

E.__The lease applicant complies with all applicable implementing rules adopted by the commissioner pursuant to subsection 3.

2.__Qualified gear.__The commissioner shall adopt rules that define gear that may be used in an area leased under this section.

3.__Other rules.__The commissioner may adopt rules to implement this section, including, but not limited to, an application and review process.

Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

Sec. 2. Initial rules. Rules initially adopted under the Maine Revised Statutes, Title 12, section 6072-C, subsection 2 must include as permissible gear floating upwelling systems, shellfish rafts, floating trays, soft bags, semi-rigid bags, over-wintering cages, lantern nets, spat collectors and predator netting, fencing or brushing. The commissioner may amend the rules to exclude any of the initial gear if the commissioner determines the gear generates a discharge into the coastal waters.