Sec. A-21. 12 MRSA §6673, as amended by PL 1999, c. 267, §3, is further amended to read:

§6673. Municipal shellfish aquaculture permit

A municipality, which that has established a shellfish conservation program as provided under section 6671, may lease areas, consistent with the rights of property owners, issue a municipal shellfish aquaculture permit to a person for the exclusive use of shellfish in a designated area in the intertidal zone to the extreme low water mark, within the municipality for the purpose of shellfish aquaculture. Municipal authority to issue a municipal shellfish aquaculture permit under this section does not limit in any way the authority of the commissioner to issue leases in the intertidal zone in accordance with sections 6072, 6072-A and 6072-B.

1. Municipal procedure. A lease application written on a form supplied by the commissioner may be approved by the municipal officers if they find that it conforms to the shellfish program, that it will not cause the total area under lease to exceed 1/4 of all the municipal intertidal zone that is open to the taking of shellfish and that granting it is in the best interests of the municipality. On approval, the lease must be forwarded to the commissioner.

1-A.__Application.__A municipality shall review an application for a municipal shellfish aquaculture permit on a form supplied by the municipality.__The municipality shall publish a summary of the application in a newspaper of general circulation in the area that would be affected by the permit.__A person may provide comments to the municipality on the proposed permit within 30 days of publication of the summary.

Prior to issuing a municipal shellfish aquaculture permit, a municipality shall hold a public hearing if requested in writing by 5 or more persons.__The public hearing must be held in accordance with procedures established in ordinances adopted in subsection 3.

2. Department procedure for review and approval. The commissioner shall use the same procedure and the same grounds for approval as required for aquaculture leases under section 6072, except:

A. Preference shall be given to municipal leases;