Section 670-55-6 - General Standards The Bureau may grant a sunken log authorization if it finds that the applicant has demonstrated to the Director's satisfaction that the proposed sunken log salvage meets the following standards:
1. The salvage will not unreasonably interfere with customary or traditional public access to, or public trust rights or uses in, on or over Submerged Lands and the waters above those lands [12 MRSA §1867, sub§ 3];2. The salvage will not unreasonably interfere with navigation, recreation, fishing, fowling or existing marine uses of the area or unreasonably interfere with ingress and egress of riparian owners;3. The salvage will not result in significantly increased risk to life or injury under conditions of weather and vessel traffic that are likely to be encountered;4. The salvage will not conflict with established management guidelines designed to protect aquatic habitats or other areas of Submerged Lands which have been designated for special protection by an agency authorized to make such designations;5. The salvage is not otherwise determined to be contrary to the public interest;6. The applicant has demonstrated adequate financial and technical ability to conduct the salvage in a lawful, publicly responsible, environmentally sound and competent manner, to pay for the use of the logs and to otherwise meet the requirements of these Rules and the conditions of the authorization;7. The anticipated value of the salvaged logs as derived from their sale or use by the applicant approximates their market value as determined by the Bureau;8. The salvage will be consistent with all other provisions of these Rules; and9. The applicant has complied with and is in good standing regarding previous authorizations issued by the Bureau. It shall be the responsibility of the applicant to demonstrate, to the satisfaction of the Bureau, that the proposed salvage will comply with these standards.
01- 670 C.M.R. ch. 55, § 6