Current through 2024-38, September 18, 2024
1. 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.
