| 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 must take place |
any time between April 1st and November 15th June 15th and |
September 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 this subsection are |
major substantive rules pursuant to Title 5, chapter 375, |
subchapter II-A. |