LD 1417
pg. 1
LD 1417 Title Page An Act To Make Changes to the Laws Governing Aquaculture Leasing Page 2 of 16
Download Bill Text
LR 1908
Item 1

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

 
Sec. 1. 5 MRSA §12004-I, sub-§57-C, as reallocated by RR 1995, c. 2,
§9, is amended to read:

 
57-C. MaineNot12 MRSA

 
MarineSalmonAuthorized§6080

 
ResourcesAquaculture

 
Advisory

 
Council

 
Sec. 2. 12 MRSA §6072, sub-§1, as amended by PL 1983, c. 301, §1, is
further amended to read:

 
1. Authority. The commissioner may lease areas in, on and
under the coastal waters, including the public lands beneath
those waters and portions of the intertidal zone, for
scientific research or for aquaculture of marine organisms.
The commissioner may grant a lease to any person. Except as
provided in this Part, the commissioner's power to lease lands
and to authorize placement of all structures within an
aquaculture lease under this section shall be is exclusive.
For the purposes of this section, the deputy commissioner may
serve in the place of the commissioner. For the purposes of
this section, the commissioner or the deputy commissioner
serving in the place of the commissioner may authorize in
writing qualified professional department staff to sign lease
documents.

 
Sec. 3. 12 MRSA §6072, sub-§3, as amended by PL 1999, c. 267, §1, is
repealed.

 
Sec. 4. 12 MRSA §6072, sub-§3-A is enacted to read:

 
3-A.__Municipal participation.__Prior to filing an
application for a lease with the department under this
section, an applicant shall attend a preapplication meeting to
describe the proposed application with representatives of the
municipality in which the proposed lease is located.

 
The department shall send a copy of the completed application
to the governing board of the municipality as well as the
harbor master, if such a position exists.

 
The department shall provide a municipality with an
opportunity to provide written comment prior to a public
hearing under subsection 6 on a proposed application with
respect to any of the decision criteria under this section,
including designated or traditional storm anchorages and the
type of mooring gear specified in the lease application.__The
municipality may submit an opinion supported by facts on
whether a proposed lease is


LD 1417 Title Page Top of Page Page 2 of 16