(2)c.(i)(b)

(2)c.(i)(b). i. A provision guaranteeing public access during the term of the lease if public access is afforded at the time the lease is contracted or if the lease is for a new activity, unless the lessee is a qualified industrial applicant. Industrial applicants who are unable to afford meaningful public access to the premises may seek a waiver of this requirement. However, leases which fail to provide such public access are to be discouraged. D. Aquaculture Lease (1) Applications for aquaculture leases shall include the following: a. Name, address, telephone number and social security number of applicant; b. Legal description and acreage of parcel sought to be leased; c. Two prints of a survey of the parcel sought to be leased prepared, signed and sealed by a person properly registered by the Mississippi State Board of Registration for Professional Engineers and Land Surveyors or an agent of the federal government acceptable to the Secretary of State; d. Description of the aquaculture activities to be conducted, including whether such activities are to be experimental or commercial, and an assessment of the current capability of the applicant to conduct such activities; e. Statement setting forth the reasons such a lease would be in the public interest; f. A list of the names and addresses of all claimants of littoral or riparian rights in or adjacent to the parcel to be leased, and all lessees of adjacent or contiguous properties; g. Statement of the impact of the proposed use of the public trust tidelands sought to be leased on the ecology of the area; h. A $150.00 non-refundable application processing fee. (2) Each aquaculture lease shall include the following terms and provisions, but not in limitation thereof: a. The term of the lease which shall not exceed the statutory term, with an option to renew. b. The amount of the annual rent which shall be negotiated but which in no event shall be less than $25.00 per acre to be paid at the time of the execution of the lease and on each successive anniversary date thereof. c. A provision for payment of the variable portion of lease fee, if any, at the end of lessee's fiscal year. d. The disposition to be made of all improvements and animal and plant life upon the termination or cancellation of the lease. e. The right to assignment or sublease, upon approval of the Secretary of State. f. Casualty clause providing that in the event of destruction by natural causes of the aquaculture venture on the leased premises, the lessee may opt to terminate the lease agreement, provided he leaves the property in a condition acceptable to the lessor, or in its natural state. g. A clause assuring that lessee will maintain adequate casualty insurance, the proceeds of which will be used for salvage operations in the event of catastrophic destruction. (3) The parcel leased shall be identified, well marked and shall have, except when it will interfere with the development of the animal and plant life being cultivated by the lessee, reasonable public access for boating, swimming and fishing. All limitations on the public use of the parcel leased as set forth in the lease shall be clearly posted in conspicuous places by the lessee. Each parcel leased shall be marked in compliance with the rules and regulations of the U.S. Coast Guard and the U.S. Army Corps of Engineers.