| 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, possible aesthetic impact created by any activity |
| authorized by the lease, possible impact on property values |
| for property from which the activities authorized by the lease |
| can be seen and conflicts with traditional fisheries. This |
| review must take place any time between April 1st and November |
| 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 2-A. |