LD 1417
pg. 14
Page 13 of 16 An Act To Make Changes to the Laws Governing Aquaculture Leasing Page 15 of 16
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LR 1908
Item 1

 
 
 
SUMMARY

 
This bill makes changes to several sections of the marine
resources laws that regulate the leasing and monitoring of
public waters for aquaculture. These changes affect the
issuance of standard and limited-purpose aquaculture leases.

 
1. It clarifies that the existing exclusive jurisdiction of
the Commissioner of Marine Resources to regulate aquaculture
activities on state submerged lands below the mean low-water
mark includes all types of equipment to be located within a
standard aquaculture lease. Language is also proposed to
allow qualified staff to sign lease documents following the
approval of a standard lease by the commissioner.

 
2. It repeals a provision on municipal approval and enacts
new language concerning municipal participation in the
standard aquaculture lease process.

 
3. It creates a new section that outlines the role of
municipalities in the review and issuance of standard
aquaculture leases, including preapplication meetings,
submission of comments to the Department of Marine Resources
on all decision criteria and establishing conditions on
leases. This new section contains provisions already located
in other relevant laws that are included here for clarity as
well as new provisions that expand the scope of municipal
participation in the leasing of state waters. This section
also clarifies that the issuance of a mooring permit by a
municipality is not preempted by the Commissioner of Marine
Resources' exclusive authority to grant aquaculture leases.

 
4. It creates a requirement for a preapplication meeting to
be held with the Department of Marine Resources to guide an
applicant in preparing an application for a standard lease.

 
5. It removes language requiring the Department of Marine
Resources to determine financial and technical capacity prior
to conducting a public hearing on a standard lease application
so that public comment can be received on this approval
criterion. It also deletes language on municipal involvement
that has been moved to the Maine Revised Statutes, Title 12,
section 6072, subsection 3-A.

 
6. It changes language to expand the factors considered by
the Department of Marine Resources in the site review of
proposed standard aquaculture leases to conform with current
practice.


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