13-188-2 Me. Code R. § 27

Current through 2024-46, November 13, 2024

Section 188-2-27 - Department Site Review

1. On site Inspection

A. An inspection of the proposed aquaculture site and the immediate surrounding area will be conducted by the Department. To help facilitate the site inspection, the Department may require an applicant to place visible markers which delineate the area proposed to be leased.

B. Information obtained on site will include but will not necessarily be limited to bottom composition, depth and features; typical flora and fauna; relative abundance of commercial and recreational species; evidence of fishing activity; distances to shore; and navigation channels and moorings.

2. Documented Information

Site specific documented information which is available will be assembled and included in the Department report, including verification of the location of the proposed lease boundaries, distances to shore, navigational channels and moorings, tide, current, location of shellfish beds, observed fishing activity in and around the proposed site, and the location of any municipally, state, or federally owned beaches, parks, or docking facilities within 1,000' of the proposed lease. The description and location of existing or proposed aquaculture lease sites within 1,000 feet of the proposed site will be included.

The Department shall determine whether or not to verify the applicant's water quality information through its own measurements. If the applicant's information is deemed to be adequate for review, then the water quality section of the report may be waived.

The Department shall conduct an adequate number of dives or remote video transects to substantiate benthic conditions and substrate characteristics as submitted by the applicant. The Department reserves the right to request additional information of the applicant in the event that the information in an application is found to be insufficient or inadequate for review.

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.

13-188 C.M.R. ch. 2, § 27