Current through 2024-51, December 18, 2024
Section 001-223-5 - LICENSE APPLICATION FOR AN LGSA AFTER APRIL 1, 2009A. Persons seeking an LGSA license for a facility as authorized by P.L. 2009, Chapter 249 must apply in writing on an application form provided by the Commissioner.B. Applications for LGSA licenses pursuant to P.L. 2009, Chapter 249 must be submitted no later than July 1, 2010. The Department will not act on any application until after the submission deadline passes.C. After the submission deadline, as provided in section 5.B. above, the applications will be evaluated according to the following criteria. 1. Geographic location in relation to Piscataquis County and the counties in which other licensed LGSAs are currently operating. Preference will be given first to applicants located in Piscataquis County, as required by P.L. 2009 Chapter 249, followed by applicants for facilities in counties where licensed LGSAs are not currently located. Consideration will also be given to whether the proposed LGSA parcel is located in one of Maine's rural northern counties (Aroostook, Franklin, Hancock, Oxford, Penobscot, Piscataquis, Somerset, Washington);2. Whether the applicant already holds a license to possess farmed cervids in Maine;3. Whether documentation is provided showing that the parcel in question is owned or is under valid long-term (minimum of 20 years) lease held by the applicant;4. Whether documentation is provided showing that the parcel in question is of sufficient size to meet the minimum land requirements for a commercial large game shooting area (i.e., 50 acres for cervids; 200 acres for bison or domesticated boar), in addition to land needed to perform other management activities on the proposed LGSA;5. Whether verification exists, based on a site visit, that the parcel has the physical characteristics to enable appropriate fencing to be constructed and maintained so as to minimize the risk of escape by captive large game; and,6. Whether documentation has been provided showing that the parcel in question meets all municipal and/or state zoning requirements pertaining to habitat alteration and firearms discharge.7. In the event that an LGSA license issued pursuant to Chapter 202-A lapses, is revoked by the Department or is surrendered by the licensee, the Department may publish notice of the availability of any license which may be issued in its place pursuant to these rules, and may publish notice of the deadline for the submission of an application for any such license. The Department may withhold action on any application so received until the published deadline for the submission of applications has passed.8. The preference given to license applicants who propose to locate an LGSA in Piscataquis County during an initial license to be issued pursuant to this section will not apply to any future licenses issued pursuant to a vacancy created by the lapse, revocation, or surrender of an LGSA license.D. Within 30 days of receipt of an application, an agent of the commissioner will inspect the proposed parcel in the presence of the applicant. The purpose of the inspection shall be to verify that the applicant satisfies the criteria outlined in sections 5.C.1. -7. above, in addition to any other statutory requirements for the licensure of a new LGSA. At the end of the inspection, the inspector will inform the applicant in writing of any deficiencies or necessary modifications that may be required to satisfy application and/or licensing requirements.E. An inspection showing that the application satisfies all the criteria for licensure does not guarantee issuance of a license to operate a LGSA. Final licensing decisions for available LGSA licenses will be made by the Commissioner, after evaluating all applicants in accordance with the criteria outlined in sections 5.C.1. -7. above.F. Applicants selected for licensure as an LGSA will first be sent a "Letter of intent to license as a Commercial Large Game Shooting Area" by the Commissioner. The letter of intent will specify all required fencing and facility construction that must be completed before the LGSA license can be issued. Actual issuance of the license is contingent upon successful compliance with these construction requirements.G. All applicable licensing fees must be submitted to the Department at the time of the submission of the license application. Application fees will be refunded for applicants who are not selected for licensure as an LGSA.01-001 C.M.R. ch. 223, § 5