LD 1857
pg. 4
Page 3 of 17 PUBLIC Law Chapter 660 Page 5 of 17
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LR 2749
Item 1

 
The commissioner shall adopt rules to quantify permissible impact
under paragraph G and to establish noise, light and visual impact
criteria under paragraph paragraphs G and H, which are major
substantive rules as defined in Title 5, chapter 375, subchapter 2-
A.

 
Sec. A-7. 12 MRSA §6072, sub-§9, as amended by PL 1987, c. 453, §1 and
PL 1995, c. 502, Pt. E, §30, is further amended to read:

 
9. Rents. After consulting with the Director of the Bureau of
Parks and Lands, the commissioner shall determine the rent which
shall that must be paid under each lease. The rent shall must
represent a fair value based upon the use of and any structures
in the leased area, but in no instance may the rental fee be set
at less than $50 an acre or more than $100 an acre. The
commissioner shall have has the discretion to increase the rental
fees for categories of leases. These changes may take effect over
the term of a lease. The commissioner also may discount a portion
of the rental fee during the first 2 years of operation of a new
lease. This discounted rate shall may not be less than $50 an
acre.

 
Sec. A-8. 12 MRSA §6072, sub-§12, as repealed and replaced by PL 2003,
c. 247, §8, is amended to read:

 
12. Renewal. The commissioner shall renew a lease if:

 
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;

 
B. The lessee has complied with the lease agreement during
the term of the lease;

 
C. The commissioner determines that renewal of the lease is
in the best interest of the State;

 
D. The Except as provided in subsection 13-A, the renewal
will not cause the lessee to become a tenant of any kind in
leases covering an aggregate of more than 250 300 acres; and

 
E. The lease is not being held for speculative purposes.

 
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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