13-188 C.M.R. ch. 2, § 44 - Lease Amendments

1. The Commissioner shall not amend a lease in such a way that it materially alters the findings of the original decision, or would result in a change to the original lease conditions. Amendments may be requested only for leases issued under 12 MRSA §6072, or scientific leases issued under 12 MRSA §6072-A to add or remove species or gear type, or modify operations.

2. Requests for amending leases must be submitted on forms prescribed by the Commissioner. A fee of $200 is due at the time of application for the lease amendment.

3. Procedure. A lease amendment is not an adjudicatory proceeding. The Department shall send a notice of the proposed amendment to the owners of riparian land within 1,000 feet of the lease site, and the municipal officers of the municipality in which the lease is located, and interested parties. The Department may also publish notice on the Department website. The notice shall state that the riparians and municipal officers may provide comments to the Department on the proposed amendment within 14 days of the date of the notice.

4. Decision. The Commissioner may grant the lease amendment if it is determined that

A. the lease amendment does not violate any of the lease issuance criteria set forth in 12 M.R.S.A. §6072(7-A) and is consistent with the Commissioner's findings on the underlying lease application in accordance with Chapter 2.37(A);

B. the lease amendment does not violate any of the conditions set forth in the original lease;

Notes

13-188 C.M.R. ch. 2, § 44