| | |
| 2. Licensed activities; criteria. The holder of a limited-purpose | | aquaculture license may utilize approved aquaculture gear in a site | | in the coastal waters of the State below the mean low-water mark to | | engage in certain aquaculture activities that meet the criteria | | established in this subsection and in rules adopted by the | | commissioner. The license also authorizes unlicensed individuals | | to assist the license holder in the licensed activities with the | | written permission of the license holder. The commissioner, or | | qualified professional department staff designated in writing by | | the commissioner, may issue a limited-purpose aquaculture license | | for certain aquaculture activities if the following criteria are | | met: |
|
| | | A. The proposed activity generates no discharge into coastal | | waters; |
|
| | | B. The applicant proposes to utilize aquaculture gear and | | markings approved by the commissioner in rules adopted | | pursuant to subsection 8; |
|
| | | C. The gear, excluding mooring equipment, does not cover | | more than 400 square feet of area and the gear does not | | present an unreasonable impediment to safe navigation; |
|
| | | D. The proposed activity does not unreasonably interfere | | with the ingress and egress of riparian owners; |
|
| | | E. The proposed activity does not unreasonably interfere | | with fishing or other uses of the area, taking into | | consideration the number and density of aquaculture leases | | and licensed aquaculture activities in that area; and |
|
| | | F. The applicant holds no more than 3 other limited-purpose | | aquaculture licenses issued under this section. |
|
| | | Sec. 17. 12 MRSA §6077, sub-§4, ķA, as enacted by PL 1991, c. 381, §6, | | is amended to read: |
|
| | | A. Information submitted to the department under this | | section may be designated by the submittor as being only for | | the confidential use of the department, its agents and | | employees, other agencies of State Government, as authorized | | by the Governor, employees of the United States | | Environmental Protection Agency, the United States Army | | Corps of Engineers, the United States Fish and Wildlife | | Service, the National Marine Fisheries Services, the United | | States Department of Agriculture, the Attorney General and |
|
| | | employees of the municipality in which the aquaculture facility | | is located. The designation must be clearly |
|
|
