13-188-2 Me. Code R. § 40

Current through 2024-46, November 13, 2024

Section 188-2-40 - Lease Issuance

1. Prior to issuing a lease, the Department shall send a draft lease for review to the applicant. The lease holder shall be same as the applicant.

2. Applicant Responsibilities. Prior to issuance of the lease, the applicant must complete the following requirements:

A. establish an escrow account or secure a performance bond in the amount required by the Department in the draft lease. The bond shall be in the name of the executed lease holder. The amount is to be determined by the nature of the aquaculture activities proposed for the lease site as follows:

Category of Aquaculture Lease:

No structure, no discharge	$ 500.00
No structure, discharge	$ 500.00
Structure, no discharge	Total combined area of all structures on lease:
<=400 square feet	$ 1,500
>400 square feet	$ 5,000
Structure, discharge	$ 25,000

A single performance bond for a structure, discharge lease may be held to meet lease obligations for up to no more than 5 individual leases retained by a leaseholder.

The Department may prorate the performance bond amount for a structure, no-discharge lease where structures are in excess of 2,000 square feet in order to increase the bonding requirement to satisfy the requirements of these rules.

B. pay the rental fee due for the first year of the lease term.

3. Lease Term and Validity

The term of the lease shall run from the date of the Commissioner's decision but no aquaculture rights shall accrue in the lease area until the lease is signed.

4. Other Licenses

The lease holder is responsible for obtaining any requisite licenses from the Department prior to beginning operations.

13-188 C.M.R. ch. 2, § 40