13-188 C.M.R. ch. 2, § 64 - Experimental Aquaculture Lease Application Procedures

1. Form. Experimental aquaculture lease applications must be submitted on forms prescribed by the Commissioner and must contain all information required by the Commissioner for consideration of the lease.

2. Fee. An application shall not be considered complete until a nonrefundable application fee has been paid. The application fee for a limited-purpose lease application shall be $750. A lease renewed for scientific research pursuant to 12 M.R.S.A. §6072-A is subject to the fee requirements in this section.

3. Completion. Upon receipt of a written application, the Department shall notify the applicant of its receipt. Within 30 days of receipt of a written application, the Commissioner shall determine whether the application is complete and contains sufficient information on which a decision regarding the granting of the application may be made. The Commissioner shall notify the applicant of the determination. If the application is incomplete, it shall be returned to the applicant with a written explanation of the additional information required in order to be deemed complete.

4. Notice of Completed Application. At the time that an application is determined complete in accordance with Chapter 2.65 the Department shall make a copy of the completed application available to the known riparian owners within 1,000 feet of the proposed lease and to officers of the municipality or municipalities in which the proposed lease would be located, or the proposed lease abuts, as listed on the application.

5. Restrictions on Pending Applications. An applicant may have no more than two pending experimental leases at any time. For purposes of this section, a pending limited-purpose lease includes any application for an aquaculture lease filed by an entity in which the applicant has a legal interest (such as a partner in a partnership, a shareholder in a corporation, or a member in a limited liability company).

6. [REPEALED]

7. Department Site Review. The Department shall inspect the proposed site and immediate areas to obtain or verify information such as: the location of proposed lease boundaries; the general characteristics of the area, including bottom composition, depth and features; typical flora and fauna; numbers or relative abundance of commercial and recreational species; evidence of fishing activity; distances to shore; navigation channels; moorings; locations of any municipally, state, or federally owned beaches, parks, or docking facilities within 1,000' of the proposed lease site; and the description and location of existing or proposed aquaculture lease sites within 1,000 feet of the proposed site.

8. Harbormaster Questionnaire. If a proposed lease site is located in a jurisdiction that employs a harbormaster, the Department shall request information from the municipal harbormaster about designated or traditional storm anchorages, navigation, riparian ingress and egress, fishing or other uses of the area, ecologically significant flora and fauna, beaches, parks, and docking facilities in proximity to the proposed lease.

9. Public Scoping Session. The Department may conduct an informal public scoping session on the lease application prior to the Department's site work. The purpose of a public scoping session shall be to familiarize the general public with the content of the application, to allow the public an opportunity to ask questions of the applicant, and to provide the Department with information that can be used during field work or agency review of an application. The applicant is required to attend and participate in a public scoping session on their application when one is held.

10. Comment Period. Any person may provide the Commissioner with written comments on the experimental lease application. At least 30 days prior to the deadline for comments, the riparian landowners listed in the application and the municipality or municipalities in which the proposed lease would be located shall receive notice of the complete application, a statement of the manner and time within which comments may be submitted to the Department and the process for requesting a public hearing. At least 30 days prior to the deadline for comments, the Department shall publish notice of the complete application in a newspaper of general circulation in the area proposed for an experimental lease.

11. Decision. The Commissioner shall issue a written decision within 60 days from the date the site report is issued or 120 days from the date of the public hearing, unless the applicant agrees to a longer time. The Commissioner may grant an experimental lease if they are satisfied that the proposed project meets the conditions contained in 12 M.R.S.A. §6072-A.

A. Standards. In making the decision, the Commissioner must consider all applicable criteria as established in Chapter 2.37(1)(A)(1-7), except that the Commissioner may not consider the degree to which an experimental lease interferes with the use or enjoyment of conserved lands.

B. Conditions. The Commissioner may establish conditions in accordance with 12 M.R.S.A. §6072-A(15) and may establish any reasonable requirement to mitigate interference, including but not limited to those restrictions outlined in Chapter 2.37(1)(B). The Commissioner may require environmental monitoring of a lease site in accordance with Chapter 2.40(7).

12. Actions required of lease holder. After being granted an experimental lease, a lessee shall:

A. Establish an escrow account or secure a performance bond in the amount required by the Department in the lease. The amount is to be determined by the nature of the aquaculture activities proposed for the lease site as follows:

Category of Aquaculture Lease:

No structure, no discharge	None
No structure, discharge	$ 500.00
Structure, no discharge	Total combined area of all structures on lease:
<=400 square feet	$1,500
>400 square feet	$5,000
Structure, discharge	$25,000

A single performance bond for a structure, discharge lease may be held to meet lease obligations for up to no more than 5 individual leases retained by a leaseholder.

The Department may prorate the performance bond amount for a structure, no- discharge lease where structures are in excess of 2,000 square feet in order to increase the bonding requirement to satisfy the requirements of these rules.

B. Other Licenses. The lease holder is responsible for obtaining any requisite licenses from the Department prior to beginning operations.

13. Lease Rental Fee. Lessees shall pay a lease rental fee as established in Chapter 2.43 of these Regulations.

14. Lease Term and Validity. The term of the lease shall begin within 12 months of the Commissioner's decision, on a date chosen by the applicant. No aquaculture rights shall accrue in the lease area until the lease term begins and the lease agreement is signed.

Notes

13-188 C.M.R. ch. 2, § 64