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 A-8. 12 MRSA §6072, sub-§12, as repealed and replaced by PL 2003, | c. 247, §8, is amended to read: |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