Section 188-2-60 - Lease Transfer1. Application. A lessee, on a form supplied by the Commissioner, may apply for Department approval of the transfer of his aquaculture lease to another person for the remaining portion of the lease term. The lessee must pay the transfer fee of $2,500 for non-discharge leases and $5,000 for discharge leases at the time application for the transfer is made. The Commissioner may waive the application fee if the applicant demonstrates that the transfer is to the applicant's parent, spouse, sibling or child. Multiple transfers of one lease that have the effect of circumventing the application fee are not permitted.2. Procedure. A lease transfer is not an adjudicatory proceeding. The Department shall send a notice of the proposed transfer 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. The Department shall also publish a notice in a newspaper of general circulation in the area of the lease. The notice shall state that the public, riparians, and municipal officers may provide comments to the Department on the proposed transfer within 30 days of the date of the notice.3. Decision. The Commissioner may grant the lease transfer if it is determined that: A. the change in lessee's identity does not violate any of the lease issuance criteria set forth in 12 M.R.S.A. § 6072 (7-A);B. the lease transfer is not intended to circumvent the preference guidelines for treatment of competing applications as set forth in 12 M.R.S.A. § 6072(8);C. the lease transfer is not for speculative purposes. Consideration of speculative purposes includes whether the current lessee has conducted substantially no research or aquaculture in the lease areas during the previous lease term; andD. the transfer will not cause the transferee to be a tenant of any kind in leases covering an aggregate of more than 1,000 acres.13-188 C.M.R. ch. 2, § 60