Sec. 5. 12 MRSA §6072, sub-§7-A, as amended by PL 2003, c. 247, §4, is further amended to read:

7-A. Decision. The In evaluating the proposed lease, the commissioner shall take into consideration the number and density of aquaculture leases in an area and may grant the lease if the proposed project meets the following conditions as defined by rule:

A. Will not unreasonably interfere with the ingress and egress of riparian owners;

B. Will not unreasonably interfere with navigation;

C. Will not unreasonably interfere with fishing or other uses of the area taking into consideration the number and density of aquaculture leases in an area. For the purposes of this paragraph, "fishing" includes public access to a redeemable shellfish resource, as defined by the department, for the purpose of harvesting, provided that the resource is commercially significant and subject to a pollution abatement plan that predates the lease application, that includes verifiable activities in the process of implementation and that is reasonably expected to result in the opening of the area to the taking of shellfish within 3 years;

D. Will not unreasonably interfere with significant wildlife habitat and marine habitat or with the ability of the lease site and surrounding marine and upland areas to support existing ecologically significant flora and fauna;

E. The applicant has demonstrated that there is an available source of organisms to be cultured for the lease site;

F. The lease does not unreasonably interfere with public use or enjoyment within 1,000 feet of municipally-owned, state-owned or federally-owned beaches and parks or municipally-owned, state- owned or federally-owned docking facilities beaches, parks, docking facilities owned by federal, state or municipal governmental agencies or certain