LD 1417
pg. 5
Page 4 of 16 An Act To Make Changes to the Laws Governing Aquaculture Leasing Page 6 of 16
Download Bill Text
LR 1908
Item 1

 
acquired all the necessary federal, state and local permits,
including, but not limited to, a national pollution discharge
elimination permit required by the Federal Government. A lease
may not be approved unless the commissioner has received
certification from the Department of Environmental Protection
that the project will not violate the standards ascribed to the
receiving waters classification, Title 38, section 465-B.

 
Sec. 11. 12 MRSA §6072, sub-§10, as amended by PL 1987, c. 453, §1,
is repealed and the following enacted in its place:

 
10.__Notification of granted leases. After the granting of a
lease:

 
A.__The lessee shall record the lease in the registry of
deeds of each county in which the leased area is located;

 
B.__The department shall notify all riparian owners and
interested parties and the municipality in which the lease
is located that a lease has been granted.__The notice must
include a description of the area and how a copy of the
lease may be obtained;

 
C.__The lessee shall mark the leased area in a manner
prescribed by the commissioner; and

 
D.__The lessee shall annually submit to the department a
seeding and harvesting report for the past year and a
seeding and harvesting plan for the coming year. Upon
written request, the department shall provide a copy of
the report to the municipality or municipalities in which
or adjacent to which the lease is located.

 
Sec. 12. 12 MRSA §6072, sub-§11, as amended by PL 1987, c. 453, §1,
is further amended to read:

 
11. Monitoring and revocation of leases. The lease
department shall be monitored by the department monitor a
lease under this section on an annual basis. If substantially
no research or aquaculture has been conducted within the
preceding year, or if it aquaculture has been conducted in a
manner substantially injurious to marine organisms, if no
substantial aquaculture or research has been conducted over
the course of the lease or if any other condition of the lease
has been violated, the commissioner shall may initiate
revocation proceedings and may revoke the lease. A lease
revocation shall be is an adjudicatory proceeding under the
Maine Administrative Procedure Act, Title 5, chapter 375,
subchapter IV 4. A The department shall hold a hearing with
public notice shall be held prior to revoking any lease.


Page 4 of 16 Top of Page Page 6 of 16