1. (A) In reviewing applications for Shellfish Culture Permits and Shellfish Mariculture Permits, the department must:

   1. (1) review applications for permits and consider each applicant's qualifications, and may conduct personal interviews;
   2. (2) consider contested permit applications, permit revisions, variances, or revocations; and
   3. (3) consider the allocation of shellfish bottoms and waters for public or private use.

2. (B) Permits may be conditioned by the department to include requirements related to:

   1. (1) shellfish production and reporting;
   2. (2) mariculture structures and operations;
   3. (3) guarantee of public rights of access and nonconflicting uses of permitted areas;
   4. (4) planting variances;
   5. (5) bonding and escrow;
   6. (6) the department being held harmless from any claims or damages resulting from the permitted operations;
   7. (7) correction of any environmental degradation which may result from the permitted activity; and
   8. (8) revocation for failure to comply with permit performance conditions.
3. (C) Revocation of Shellfish Culture Permits and Shellfish Mariculture Permits may be delegated by the department director to the deputy director for Marine Resources.

HISTORY: 2000 Act No. 245, Section 5.