Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-64 - Experimental Aquaculture Lease Application Procedures

Current through 2024-29, July 17, 2024
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.
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REPEALED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).