| B. The commissioner may grant lease transfers if the | commissioner determines that: |
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| (1) The change in lessee does not violate any of the | standards in subsection 7; |
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| (2) The transfer is not intended to circumvent the intent | of subsection 8; |
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| (3) The transfer is not for speculative purposes; and |
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| (4) The transfer will not cause the transferee to be a | tenant of any kind in leases covering an aggregate of | more than 250 500 acres. |
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| | Sec. 8. 12 MRSA §6072-A, sub-§6, as enacted by PL 1997, c. 231, §6, is | amended to read: |
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| | 6. Public hearing. The commissioner may hold a public hearing | on the proposed limited-purpose lease. The commissioner shall | hold a public hearing if 5 or more persons request a public | hearing within the 30-day comment periods provided in subsection | 5. The commissioner shall provide notice of a public hearing to | owners of riparian land within 1,000 feet of the proposed | location of the lease and to the municipal officers of the | municipality in which the limited-purpose lease activity would | take place.__The commissioner shall publish notice of a public | hearing in a newspaper of general circulation in the area | proposed for a limited-purpose lease at least 30 days before the | hearing. |
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| | Sec. 9. 12 MRSA §6072-A, sub-§7, as amended by PL 2003, c. 247, §11, | is repealed. |
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| | Sec. 10. 12 MRSA §6072-A, sub-§7-A is enacted to read: |
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| | 7-A.__Public scoping session.__The commissioner shall hold a | public scoping session, as defined in rule, if 5 or more persons | request a public scoping session within the 30-day comment | periods provided in subsection 5. |
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| | Sec. 11. 12 MRSA §6673, as amended by PL 1999, c. 267, §3, is | further amended to read: |
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| §6673. Municipal leasing of flats |
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| | A municipality, which that has established a shellfish | conservation program as provided under section 6671, may lease | areas in the intertidal zone to the extreme low water mark, | within the municipality for the purpose of shellfish |
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