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paragraph are considered confidential business record | | information for the purposes of section 6077. |
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| | | Sec. 7. 12 MRSA §6072, sub-§11, as amended by PL 1987, c. 453, §1, is | | further amended to read: |
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| | | 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. |
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| | | Sec. 8. 12 MRSA §6072, sub-§12, as amended by PL 1997, c. 609, §2, is | | repealed and the following enacted in its place: |
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| | | 12.__Renewal.__The__commissioner shall renew a lease if: |
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| | | 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; |
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| | | B.__The lessee has complied with the lease agreement during | | the term of the lease; |
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| | | C.__The commissioner determines that renewal of the lease is | | in the best interest of the State; |
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| | | 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 |
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| | | E.__The lease is not being held for speculative purposes. |
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| | | When aquaculture has not been routinely or substantially | | conducted on a lease that is proposed for renewal, the | | commissioner may renew the lease, as long as the proposed renewal | | will continue to meet the criteria for approval in subsection 7- | | A. |
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| | | A lease renewal is an adjudicatory proceeding under Title 5, | | chapter 375, subchapter 4.__Public notice must be given as |
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