Sec. 8. 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 compliance of the lease on commercially and ecologically significant flora and fauna and conflicts with traditional fisheries with the decision criteria outlined in subsection 7- A. This The review must consider the impact on commercially and ecologically significant flora and fauna and conflicts with traditional fisheries and 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.

Sec. 9. 12 MRSA §6072, sub-§6, ¶D, as enacted by PL 1999, c. 591, §2, is repealed.

Sec. 10. 12 MRSA §6072, sub-§7-B, as enacted by PL 1987, c. 453, §1, is amended to read:

7-B. Conditions. The commissioner may establish conditions that govern the use of the leased area and limitations on the aquaculture activities. These conditions shall must encourage the greatest multiple, compatible uses of the leased area, but shall must also address the ability of the lease site and surrounding area to support ecologically significant flora and fauna and preserve the exclusive rights of the lessee to the extent necessary to carry out the lease purpose. The commissioner may grant the lease on a conditional basis until the lessee has