[2003, c. 247, §2(AMD).]
A person who violates this subsection is subject to a civil penalty, payable to the State, of no more than $1,000 for each day of the violation.
[2021, c. 557, §1(AMD).]
[2023, c. 268, §§1-3(AMD).]
[1999, c. 267, §1(AMD).]
[2003, c. 660, Pt. A, §4(AMD).]
[1997, c. 231, §3(NEW).]
[1999, c. 591, §1(AMD).]
[2003, c. 660, Pt. A, §5(AMD).]
[2021, c. 52, §§1-3(AMD).]
[1987, c. 453, §1(RP).]
The Department of Agriculture, Conservation and Forestry shall maintain a list of conserved lands. The commissioner shall request this information from the Department of Agriculture, Conservation and Forestry prior to holding a preapplication proceeding. [2011, c. 655, Pt. II, §4(AMD); 2011, c. 655, Pt. II, §11(AFF); 2011, c. 657, Pt. W, §5(REV).]
The commissioner shall adopt rules to establish noise, light and visual impact criteria under paragraphs G and H, which are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
[2011, c. 655, Pt. II, §4(AMD); 2011, c. 655, Pt. II, §11(AFF); 2011, c. 657, Pt. W, §5(REV).]
[2003, c. 247, §5(AMD).]
[2017, c. 159, §3(AMD).]
[2011, c. 93, §2(RP).]
[2003, c. 660, Pt. A, §7(AMD); 2011, c. 657, Pt. W, §7(REV); 2013, c. 405, Pt. A, §24(REV).]
[2021, c. 581, §1(AMD).]
[2021, c. 52, §4(AMD).]
[2009, c. 229, §1(NEW).]
If a person who holds a lease pursuant to this section applies to renew the lease, the lease remains in effect until the commissioner makes a decision on the renewal application. If the renewal is denied, the lease expires 30 days after the date of the commissioner's decision.
When aquaculture has not been routinely or substantially conducted on a lease that is proposed for renewal, the commissioner may renew the lease, as long as the proposed renewal will continue to meet the criteria for approval in subsection 7-A.
A lease renewal is an adjudicatory proceeding under Title 5, chapter 375, subchapter 4. Public notice must be given to the entities required to receive notice under subsection 6. A person may provide to the commissioner comments on the proposed lease renewal within 30 days of receipt of notice or within 30 days of publication of the proposed renewal. A hearing must be held if it is requested in writing by 5 persons within the 30 days. The commissioner may review multiple leases concurrently during the lease renewal process.
A lease renewal application must include a nonrefundable application fee of no more than $1,500, the amount to be set by the commissioner depending on the type of aquaculture permitted by the lease.
[2021, c. 52, §5(AMD).]
A decision by the commissioner on an application to transfer a lease must be rendered in writing and must include findings of fact and conclusions of law. The decision by the commissioner on the transfer application is a final decision. [2021, c. 676, Pt. A, §28(AMD).]
[2021, c. 676, Pt. A, §28(AMD).]
[2011, c. 93, §4(RP).]
[2021, c. 52, §7(AMD).]
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[2021, c. 52, §8(AMD).]
For purposes of this subsection, "fallow" means a lease site without cultured organisms. A lease site fallowed pursuant to an enforcement action may not be considered fallowed for the purpose of this subsection.
[2005, c. 535, §4(RPR).]
[1977, c. 661, §5(NEW); 2011, c. 657, Pt. W, §6(REV).]
[2021, c. 52, §9(RP).]
[1997, c. 138, §7(RP).]
[2005, c. 92, §3(NEW).]
[2013, c. 509, §2(NEW).]
12 M.R.S. § 6072