Current through 2024-46, November 13, 2024
Section 188-2-12 - Multiple Ownership1. Corporate Applicants. Corporate applicants for aquaculture lease(s) shall include the following information in their application:A. The date and state in which incorporated and a copy of the Articles of Incorporation;B. The names, addresses, and titles of all officers;C. The names and addresses of all directors;D. Whether the corporation, or any stockholder, director or officer has applied for an aquaculture lease for Maine lands in the past, and the outcome or current status of that application or lease;E. The names and addresses of all stockholders who own or control at least 5% of the outstanding stock and the percentage of outstanding stock currently owned or controlled by each such stockholder;F. The names and addresses of stockholders, directors or officers owning an interest, either directly or beneficially, in any other Maine aquaculture leases, as well as the quantity of acreage from existing aquaculture leases attributed to each such person under paragraph 3 below; and G. Whether the corporation or any officer, director, or shareholder listed pursuant to Chapter 2.12 (1)(E) has ever been convicted of or adjudicated to be responsible for any violation of any marine resources or environmental protection law, whether state or federal.2. Partnership Applicant. Partnership applicants for aquaculture lease(s) shall include the following information in their application:A. The date and state in which the partnership was formed and a copy of either the Certificate of Limited Partnership or documentation of the formation of a General Partnership,B. The names, addresses, and ownership shares of all partners;C. Whether the partnership or any partner has applied for an aquaculture lease for Maine lands in the past and the outcome or current status of that application or lease; D. Whether the partnership or any partner owns an interest, either directly or beneficially, in any other Maine aquaculture leases as well as the quantity of acreage from existing aquaculture leases attributed to the partnership or partner under paragraph 3 below;E. Whether the partnership or any partner has been convicted of or adjudicated to be responsible for any violation of marine resources or environmental protection law, whether state or federal.3. Aquaculture Lease Acreage No lease may be granted that results in a person being a tenant of any kind in leases covering an aggregate of more than 1,000 acres. For the purposes of calculating ownership of aquaculture lease acreage, the amount of acreage leased by a corporation or partnership will be attributed to the partnership or corporation and collaterally to shareholders in the corporation or partnership as individuals at a rate equal to the shareholders' ownership in the corporation or partnership.
13- 188 C.M.R. ch. 2, § 12