13-188-2 Me. Code R. § 41

Current through 2024-25, June 19, 2024

Section 188-2-41 - Competing Aquaculture Lease Applications

1. To qualify as a competing application under subsections 2 and 3, an application must be accepted by the Department prior to the publication of the first public notice of hearing to consider a previously filed lease application for identical or overlapping lease areas.

2. In the event the Department receives competing aquaculture lease applications for a lease site, the Department shall give preference in granting a lease as follows:

A. first to the Department;

B. second, to the riparian owner of the intertidal zone within the leased site area;

C. third, to fishermen who have traditionally fished in or near the proposed lease area; and

D. fourth, to the riparian owner within 100 feet of the territorial waters proposed to be leased.

3. If the Department receives competing applications which are either in the same preference category as outlined in subsection 2, or which are not in any preference category, the applications shall be considered sequentially according to the date on which the final application was submitted pursuant to Chapter 2.09(5) of these regulations.

4. Except as described in Chapter 2.41(3) above, when the Department receives competing applications, it may schedule one hearing to consider the applications concurrently.

13-188 C.M.R. ch. 2, § 41