| B. Will The lease will not unreasonably interfere with | navigation;. |
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| C. Will The lease 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;. |
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| D. Will The lease 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;. |
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| E. The applicant has demonstrated that there is an | available source of organisms to be cultured for the lease | site;. |
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| 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; a beach, park or docking facility owned by the | Federal Government, the State Government or a municipal | governmental agency or certain conserved lands.__For | purposes of this paragraph, "conserved lands" means land in | which fee ownership has been acquired by the municipal | government, State Government or Federal Government in order | to protect the important ecological, recreational, scenic, | cultural or historic attributes of that property. |
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| The Executive Department, State Planning Office shall | maintain a list of conserved lands.__The commissioner shall | request this information from the State Planning Office | prior to holding a preapplication proceeding. |
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| G. Will The lease will not result in unreasonable impact | from noise or light at the boundaries of the lease site; | and. |
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| H. Upon the implementation of rules, the lease must be in | compliance with visual impact criteria adopted by the | commissioner relating to color, height, shape and mass. |
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