12.__Renewal.__The__commissioner may renew a lease provided that:

A.__The commissioner receives, at least 90 days prior to the termination of a lease, an application for renewal that includes information on the type and amount of aquaculture to be conducted during the new lease term;

B.__The lessee has complied with the lease agreement during the term of the lease;

C.__The commissioner determines that renewal of the lease is in the best interest of the State;

D.__The renewal will not cause the lessee to become a tenant of any kind in leases covering an aggregate of more than 250 acres; and

E.__The lease is not being held for speculative purposes.

When aquaculture has not been routinely or substantially conducted on a lease that is proposed for renewal, the commissioner may renew the lease, provided that the proposed renewal will continue to meet the criteria for approval in section 7-A.

A lease renewal is an adjudicatory proceeding under Title 5, chapter 375, subchapter 4.__Public notice must be given as required under subsection 6 and a hearing must be held if it is requested in writing by 5 persons.

Sec. 14. 12 MRSA §6072-A, sub-§1, as enacted by PL 1997, c. 231, §6, is amended to read:

1. Authority. The commissioner may issue a limited-purpose lease for areas in, on and under the coastal waters, including the public lands beneath those waters and portions of the intertidal zone, for commercial aquaculture research and development or for scientific research. 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 is exclusive.__The commissioner or the deputy commissioner acting on the commissioner's behalf may authorize in writing qualified professional department staff to issue a final decision and sign a lease document on an application for a limited-purpose lease.__A decision issued by department staff