LD 1428
pg. 1
LD 1428 Title Page An Act to Amend the Aquaculture Leasing Law BY REQUEST Page 2 of 2
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LR 1203
Item 1

 
Emergency preamble. Whereas, Acts of the Legislature do not become
effective until 90 days after adjournment unless enacted as
emergencies; and

 
Whereas, it is important that citizens be given a fair
opportunity to address testimony and evidence presented at the
Department of Marine Resources' hearing; and

 
Whereas, in the judgment of the Legislature, these facts create
an emergency within the meaning of the Constitution of Maine and
require the following legislation as immediately necessary for
the preservation of the public peace, health and safety; now,
therefore,

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

 
Sec. 1. 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. 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.

 
Sec. 2. 12 MRSA §6072, sub-§6, ķE is enacted to read:

 
E.__The commissioner shall accept further evidence and
testimony from citizens and interested parties for 10 days
following the completion of the hearing.__The commissioner
may accept further evidence and testimony from citizens and
interested parties for a period beyond 10 days following the
conclusion of the hearing if agreed to by the parties or as
specified by the presiding officers.__For purposes of this
paragraph, "presiding officer" means the person authorized
by any interested state agency to act on behalf of the
agency at that hearing.


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