An Act to Implement the Recommendations of the Task Force on the Planning and Development of Marine Acquaculture in Maine LR2749(03)
Maine Legislature, Session 121, LD 1857
Committee Amendment CA_B_H845 (House)
Amends: 7 MRSA §401-B, 12 MRSA §6072, 12 MRSA §6072-D, 12 MRSA §6077, 12 MRSA §6078-A, 12 MRSA §6673, 38 MRSA §3

COMMITTEE AMENDMENT "b" to H.P. 1383, L.D. 1857, Bill, 
Act To Implement the Recommendations of the Task Force on 
Planning and Development of Marine Aquaculture in Maine" 
"An 
the 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'PART A 
Sec. A-I. 7 MRSA §401-B, first 1f, as enacted by PL 1983, c. 
563, §l, is amended to read: 
To further the purposes of this Part, the commissioner shall 
initiate 
and 
implement 
programs 
necessary to facilitate 
the 
effective, profitable marketing of Maine agricultural products. 
For the purposes of this subchapter, 
the terms "agricultural 
products" and "farm products" include, but are not limited to, 
products of aguaculture as defined in Title 12, section 6001, 
subsection 1. 
These 
programs 
saa±± 
include, 
but are not 
Be 
limited tOL the following. 
Sec.A-2. 12MRSA§6052,sub-§3, as amended by PL 2003, c. 60, 
§2, is further amended to read: 
3. 
Marketing. Serve Except for aguaculture, serve as the 
primary 
state 
agency 
providing 
promotional 
and 
marketing 
assistance 
to 
the 
commercial 
fishing 
industries, 
including 
assisting in marketing seafood, stimulating of consumer interest 
in and consumption of seafood, increasing the sales of seafood 
Page l-LR2749(3) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. p. to H.P. 1383, L.D. 1857 
domestically 
markets 
and 
and 
abroad, 
developing 
underutilized species; 
supporting 
new 
markets 
and 
expanding 
existing 
for 
traditional 
and 
Sec. A-3. 12 MRSA §6072, sub-§2, 1[E, as amended by PL 1997, c. 
609, §1, is further amended to read: 
E. 
'±he Except as provided in subsection 13 -A, 
the lease 
does not result in a person being a tenant of any kind in 
leases covering an aggregate of more than a§9 300 acres; and 
Sec. A·4. 12 MRSA §6072, sub-§4, 1[J, as enacted by PL 1987, c. 
453, §1, is amended to read: 
J. 
Include a 
nonrefundable application fee of at least 
$100, but not more than $~T999 $2,000, the amount to be set 
by the commissioner depending on the proposed acreage, type 
of aquaculture proposed and complexity of the application. 
Sec. A·5. 12 MRSA §6072, sub-§5·A, as amended by PL 1997, c. 
138, §4, is further amended to read: 
5-A. 
Department site review. Prior to the lease hearing, 
the department shall conduct an assessment of the proposed site 
and surrounding area to determine the possible effects of the 
lease on commercially and ecologically significant flora 
and 
fauna and conflicts with traditional fisheries and all other 
uses. '±his-~e¥Jew-~-~~-~~-aBy-~Jme-~~~-~~-~&~-aBe 
N9Vem&e~--~9~hT This 
information 
must 
be 
provided 
to 
the 
intervenors and made available to the public 30 days before the 
hearing. As part of the site review, the department shall request 
information from the municipal harbor master about designated or 
traditional storm anchorages in proximity to the proposed lease. 
The 
commissioner 
may 
by rule establish levels of assessment 
appropriate to the scale or potential environmental risk posed by 
a proposed lease activity. 
The rules must provide a method of 
establishing a baseline to monitor the environmental effects of a 
lease activity. 
Rules adopted paFsaaB~-E9 under this subsection 
are major substantive rules 
paFs,*a-:&~-E9 as defined by Title 5, 
chapter 375, subchapter II-A- 2-A. 
Sec. A·6. 12 MRSA §6072, sub·§7.A, as amended by PL 2003, c. 
247, §4, is further amended to read: 
7-A. 
Decision. 
'±he In evaluating the proposed lease, the 
commissioner shall take into consideration the number and density 
of aguaculture leases in an area and may grant the lease if the 
proposed pFe~eeE lease meets the following conditions as defined 
by rule.;-...... 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT lOb, to H.P. 1383, L.D. 1857 
A. 
wi~~ The lease will not unreasonably interfere with the 
ingress and egress of riparian ownersr~ 
B. 
wi~~ The lease will not unreasonably interfere with 
navigationr~ 
C. 
Wi** 
The lease will not unreasonably interfere with 
fishing or other uses of the area ~a*iB~-4B~e-~eB54ee£a~ien 
~he-~--ane-~1t~-e~-~~~~~~~-~~~--iB-~-a~ea. 
For 
the 
purposes 
of this paragraph, 
"fishing" 
includes 
public access to a redeemable shellfish resource, as defined 
by the department, for the purpose of harvesting, provided 
that the resource is commercially significant and subject to 
a 
pollution 
abatement 
plan 
that 
predates 
the 
lease 
application, 
that 
includes verifiable activities in the 
process of implementation and that is reasonably expected to 
result in the opening of the area to the taking of shellfish 
within 3 yearsr~ 
D. 
Wi~* The lease will not unreasonably interfere with 
significant wildlife habitat and marine habitat or with the 
ability of the lease site and surrounding marine and upland 
areas to support existing ecologically significant flora and 
faunar ..... 
E. 
The 
applicant 
has 
demonstrated 
that 
there 
is 
an 
available source of organisms to be cultured for the lease 
siter ..... 
F. 
The lease does not unreasonably interfere wi th 
~ni9*ie 
the use or enjoyment wi~hiB-lTQQQ-~ee~ of ~~BieiFa11y-ewBeeT 
s~a~e-ewBee--~---~~a~~y--~-~--aBe--~~--e~ 
~~BieiFa**Y-~r-~~~-e£--~~~~-~-eee*iB~ 
~aei*i~iesr a beach. park or docking facility or certain 
conserved lands. 
For purposes of this paragraph, "conserved 
lands" means: 
(1) 
Land in which fee ownership has been acguired by 
the municipal government, State Government or Federal 
Government 
in 
order 
to 
protect 
the 
important 
ecological, recreational, scenic. cultural or historic 
attributes of that property; or 
(2) 
Land that has been protected through fee ownership 
or conservation easement with funding from the Land for 
Maine's Future Fund. 
The 
Executive 
Department, 
State 
Planning 
Office 
shall 
maintain a list of conserved lands. 
The commissioner shall 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .p .. to H.P. 1383, L.D. 1857 
request this information 
from the State Planning Office 
prior to holding a preapplication proceeding. 
G. 
Wi;b;b The lease will not result in unreasonable impact 
from noise or light at the boundaries of the lease siteT-aRe~ 
H. 
Upon the implementation of rules, the lease must be in 
compliance 
with visual 
impact 
criteria adopted 
by 
the 
commissioner relating to color, height, shape and mass. 
The commissioner shall adopt rules to ~QaR~ify-~e~ffiissiB;be-iffi~ae~ 
QReeF-~aFa~Fap&-G-aRe-te establish noise, light and visual impact 
criteria under 
Fa~a~~aph paragraphs 
G and H, 
which are major 
substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. A-7. 12 MRSA §6072, sub-§9, as amended by PL 1987, c. 
453, §l and PL 1995, c. 502, Pt. E, §30, is further amended to 
read: 
9. 
Rents. After consulting with the Director of the Bureau 
of Parks and Lands, the commissioner shall determine the rent 
whie&-sB.a;b;b that must be paid under each lease. The rent sha;b;b 
~ 
represent a 
fair value based upon the use of and any 
structures in the leased area, but in no instance may the rental 
fee be set at less than $50 an acre or more than $100 an acre. 
The commissioner shall-ha .... e has the discretion to increase the 
rental fees for categories of leases. These changes may take 
effect over the term of a 
lease. 
The 
commissioner also may 
discount a portion of the rental fee during the first 2 years of 
operation of a new lease. This discounted rate sha;b;b may not be 
less than $50 an acre. 
Sec. A-S. 12 MRS A §6072, sub-§12, as repealed and replaced by 
PL 2003, c. 247, §8, is amended to read: 
12. 
Renewa1. 
The 
commissioner shall renew a lease if: 
A. 
The commissioner receives, at least 90 days prior to the 
termination of a 
lease, 
an application for renewal that 
includes information on the type and amount of aquaculture 
to be conducted during the new lease term; 
B. 
The lessee has complied with the lease agreement during 
the term of the lease; 
C. 
The commissioner determines that renewal of the lease is 
in the best interest of the State; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT :P" to H.P. 1383, L.D. 1857 
D. 
'±'he Except as provided in subsection 13-A, the renewal 
will not cause the lessee to become a tenant of any kind in 
leases covering an aggregate of more than 69g 1QQ acres: and 
E. 
The lease is not being held for speculative purposes. 
When 
aquaculture 
has 
not 
been 
routinely 
or 
substantially 
conducted 
on 
a 
lease 
that 
is 
proposed 
for 
renewal, 
the 
commissioner may renew the lease, as long as the proposed renewal 
will continue to meet the criteria for approval in subsection 7-A. 
A lease renewal is an adjudicatory proceeding under Title 5, 
chapter 
375, 
subchapter 4. 
Public notice must be given as 
required under subsection 6 and a hearing must be held if it is 
requested in writing by 5 persons. 
The commissioner may review 
multiple leases concurrently during the lease renewal process. 
A 
lease 
renewal 
application 
must 
include 
a 
nonrefundable 
application fee of no more than $1,500, the amount to be set by 
the commissioner depending on the type of aquaculture permitted 
by the lease. 
Sec. A-9. 12 MRSA §6072, sub-§12-A, 1[B, as amended by PL 1997, 
c. 609, §3, is further amended to read: 
B. 
The 
commissioner 
may 
grant lease 
transfers if the 
commissioner determines that: 
(1) 
The change in lessee does not violate any of the 
standards in subsection 7; 
(2) 
The transfer is not intended to circumvent the 
intent of subsection 8; 
(3) 
The transfer is not for speCUlative purposes; and 
(4) 
,±,he Except as provided in subsection 13-A, the 
transfer will not cause the transferee to be a tenant 
of any kind in leases cover ing an aggregate of more 
than 69g 300 acres. 
Sec. A-I0. 12 MRSA §6072, sub-§12-A, 1[C is enacted to read: 
C. 
A 
lease 
transfer 
application 
must 
include 
a 
nonrefundable application fee of not more than $5,000, the 
amount to be set by the commissioner depending on the type 
of aquaculture permitted by the lease. 
Sec. A-II. 12 MRSA §6072, sub-§13, 1[F, as amended by PL 1997, 
c. 138, §6, is further amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ".0., to H.P. 1383, L.D. 1857 
F. 
For defining application requirements, 
an application 
review process and decision criteria; aae 
Sec. A-12. 12 MRSA §6072, sub-§13, 1JG, as enacted by PL 1993, 
c. 525, §2, is amended to read: 
G. For adding or deleting authorization for the holder of an 
aquaculture lease to grow specific species on the lease 
site ... ; and 
Sec. A-13. 12 MRSA §6072, sub-§13, 1JH is enacted to read: 
H. 
For establishing fallowing requirements and procedures. 
Sec. A-14. 12 MRSA §6072, sub-§13-A is enacted to read: 
13-A. 
Lease acreage increase: fallowing. 
The commissioner 
may authorize a person to exceed the 300-acre limit established 
in subsections 2. 12 and 12-A if that person submits an annual 
fallowing plan to the commissioner that identifies lease sites 
that have been actively operated during the lease period and will 
be fallowed for a 12-month period. 
A person may not be a tenant 
of any kind in leases covering an aggregate of more than 300 
nonfallowed acres at any time. 
A person may not be a tenant of 
any kind in leases covering an aggregate of more than 500 acres 
including fallowed leases at any time. 
For purposes of this 
subsection, "fallow" means a lease site without cultured fish, 
shellfish, scallops and gear except marked mooring blocks. 
A 
lease site fallowed pursuant to an enforcement action may not be 
considered fallowed for the purpose of this subsection. 
Sec. A-IS. 12 MRSA §6072·A, sub-§IS, as enacted by PL 1997, c. 
231, §6, is amended to read: 
15. 
Conditions. 
The commissioner may establish conditions 
that govern the use of the leased area and limitations on the 
aquaculture 
activities. 
These 
conditions 
must 
encourage 
the 
greatest multiple, compatible uses of the leased area, but must 
also address the ability of the lease site and surrounding area 
to support ecologically significant flora and fauna and preserve 
the exclusive rights of the lessee to the extent necessary to 
carry out the lease purpose. The commissioner may grant the lease 
on a conditional basis until the lessee has acquired all the 
necessary federal, state and local permits. A-..J-ease--Hlay--no-t.--ae 
aFF~evee-~~~~-~~-eeMHIissieB&F-aa6-~~~~~~~~~~~-~~eHl 
~ae-~~~meB~-~--~~~~~Hffi&~~~-P~e~ee~iea-~ha~-~~~~~~-will 
ae~--viela~e--~Re--6~aaea~e6--a6e~iBee--~e--~Re--~eeeivia~--wa~e~6 
ela66i~iea~iea-ia-~i~le-~8T-6ee~iea-499-B ... 
Sec. A-16. 12 MRSA §6072-D is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,V" to H.P. 1383, L.D. 1857 
§6072-D. 
Aquaculture Management Fund 
1. 
Fund established. 
The 
Aquaculture 
Management 
Fund, 
referred to in this section as "the fund," is established as a 
dedicated, 
nonlapsing fund within the department. 
All income 
received by the commissioner under this section must be deposited 
wi th the Treasurer of State. 
Any balance remaining in the fund 
at the end of a fiscal year does not lapse and must be carried 
forward to the next fiscal year. 
Any interest earned on assets 
of the fund is credited to the fund. 
2. 
Fees. 
In 
accordance 
with 
the 
authority 
of 
the 
commissioner 
to 
levy lease rents 
pursuant 
to 
section 
6072, 
subsections 
and 
and section 6072-A, 
subsection 14 
and 
application fees pursuant to section 6072, subsections 4. 12 and 
12-A. the commissioner shall adopt routine technical rules as 
defined in Title 5. chapter 375. subchapter 2-A to implement a 
fee structure for lease rents and application fees that are in 
addition to the minimum lease rents and application fees that are 
in effect on the effective date of this subsection. 
Any rent or 
fee assessed pursuant to this subsection that is in addition to 
the fees that are in effect on the effective date of this 
subsection must be credited to the fund. 
A person who does not 
pay the rent or fee commits a civil violation for which a fine of 
not more than $1.000 may be adjudged. 
3. 
Additional revenues. 
The commissioner may expend annual 
revenues that are in excess of the operating expenses of 
a 
program 
under 
subsection 
to 
address 
matters 
that 
the 
commissioner determines are of an emergency nature to the State's 
aquaculture industry. to address matters that the commissioner 
determines are of long-term interest to the State's aquaculture 
industry and to rebate revenues to all those persons who paid 
fees under subsection 2. 
The fund may receive money from any 
source for the purposes of this subsection. 
4. 
Uses of fund. 
The commissioner may make expenditures 
from the fund to develop and manage effective and cost-efficient 
water quality licensing and monitoring criteria. 
analyze 
and 
evaluate monitoring data. process lease applications and make 
information about aquaculture available to the public. 
5. 
Reports. 
On or before February 1st of each year. the 
commissioner shall report to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters on 
all expenditures made from the fund in the previous fiscal year 
and a summary of work accomplished and planned. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT I~" to H.P. 1383, L.D. 1857 
Sec. A-17. 12 MRS A §6077, first 1r, as enacted by PL 1991, c. 
381, §6, is amended to read: 
The 
department 
is---~~&&~~--~~---~~~~~~£~---aHe 
maiH~aiaia~--~-~~~eaeHsive may 
establish 
and 
maintain 
an 
information 
base 
pertaining 
to 
all--as~ee~s--ef the 
siting, 
development 
and 
operation 
of 
finfish 
aquaculture 
facilities 
within the State. 
Sec. A-IS. 12 MRSA §6077, sub-§§2 and 3, as enacted by PL 1991, 
c. 381, §6, are amended to read: 
2. Data requirements. 
The commissioner 
saall--ensur-e--~aa~T 
a~---&--miaimWRT 
may 
collect 
information 
in 
~ae---fG.1-le-wi:e~ 
site-specific categories 
is--GG-1-l-e-Gt-e4--aOO--e!'~aHil1ieEi--j,,a.--&u€-h--a 
ma:e:eeF--as. including, but not limited to. those listed in this 
subsection. to allow effective enforcement of all laws pertaining 
to finfish aquaculture at individual facilities: 
A. Geophysical site characteristics, including currents and 
bathymetry; 
B. 
Benthic habitat characteristics and effects, including 
changes in community structure and function; 
C. 
Water 
column effects, 
including water 
chemistry 
and 
plankton; 
D. 
Feeding 
and 
production 
data 
sufficient 
to 
estimate 
effluent loading; 
E. Smolt and broodstock introduction and transfer data; 
F. Disease incidence and use of chemical therapeutics; and 
G. Other ancillary information as the commissioner may find 
necessary. 
3. 
Data 
collection; 
authority. 
The 
commissioner 
may 
require persons holding licenses related to finfish aquaculture 
under this Title to report information in the categories listed 
in subsection 2. Personnel retained by leaseholders to perform 
tasks required for data collection as specified in subsection 2 
and 
this 
subsection must 
be 
reviewed 
and 
approved 
by 
the 
commissioner 
for 
acceptable 
professional 
qualifications 
and 
experience prior to performing any data collection services. 
Routine notations of site operation do 
not require approved 
personnel. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. b .. to H.P. 1383, L.D. 1857 
Sec. A-19. 12 MRSA §6078-A, sub-§2, "A and B, as enacted by 
PL 2003, c. 247, §19, are repealed. 
Sec. A-20. 12 MRSA §6078-A, sub-§2, ,C, as enacted by PL 2003, 
c. 247, §19, is amended to read: 
C. 
The commissioner may develop by rule a fee schedule for 
the production of shellfish reared on an aquaculture lease. 
A person who does not pay a fee under this paragraph commits 
a civil violation for which a fine aet-te-eHeeea of not more 
than $1,000 may be adjudged. 
Sec. A-21. 12 MRSA §6673, as amended by PL 1999, c. 267, §3, 
is further amended to read: 
§6673. Municipal leasing of flats 
A 
municipalitYT--wa~ea that has established 
a 
shellfish 
conservation program as provided under section 667lT may lease 
areas in the intertidal zone to the extreme low water markT 
within 
the 
municipality 
for 
the 
purpose 
of 
shellfish 
aquaculture. 
A municipality may grant a lease to any person. 
Municipal authority to grant a lease under this section does not 
limit in any way the authority of the commissioner to issue 
leases in the intertidal zone in accordance with sections 6072, 
6072-A and 6072-B. 
~T--~-pFeeeQQ£eT--~-~-aFF14ea~~ea-~~~~~~-a 
'eFm--6~FF14ea--~--~~-~~~--~-~-~~¥&G--&y--~ae 
maa~e~Fal-e~~4ee£6-4~-~~-~~~~~--~~~~&-~-~he-saell'~sa 
FFe~FamT-~~-it-~~~--~~-~~~~~~~-~e~~~-~~-~aaeF--~-~e 
e*eeea-~~4-~--a~~-~ae-~~~--int~~~~-&eRe-~£~~-~~~~R-~e 
~ae-~~~-~--she~~fish-~-~£a~-~~R~~~-~~--46--~-~~-ges~ 
~a~eFest6-~--the-~~~~~~--~R-~~~7-~~-~ea6e-~-ge 
'eFwaFaea-~e-~ae-eemm~66~eaeFT 
I-A. 
Ap,plication. 
An application for a municipal lease 
must be on a form supplied by the municipality. 
The municipality 
shall publish a 
summary of the application in a newspaper of 
general circulation in the area of the proposed lease. 
A person 
may 
provide 
comments 
to 
the 
municipality 
on 
the 
proposed 
municipal lease within 30 days of publication of the application 
summary. 
Prior to granting a lease, a municipality shall hold a public 
hearing in accordance with procedures established in ordinances 
adopted in subsection 3 if reguested in writing by 5 or more 
persons. 
COMMITTEE AMENDMENT 
commissioner shall use the same procedure and the same grounds 
for approval as required for aquaculture leases under section 
6072, except: 
A.  Preference shall be given to municipal leases; 
B.  No rent shall be set, but there shall be an annual 
municipal lease fee of not less than $1 per acre; 
C.  The municipality may establish the conditions and limits 
on the lease; and 
D.  The advice and consent of the advisory council shall not 
be required. 
2-A.  Decision.  In evaluating a proposed lease, a municipal 
officer shall take into consideration the number and density of 
leases in the area and may approve a lease if the municipal 
officer finds the proposed project meets the following criteria. 
A.  The lease conforms to the municipality's shellfish 
conservation program. 
B.  The lease will not cause the total area under the lease 
to exceed 1/4 of the entire municipal intertidal zone that 
is open to the taking of shellfish. 
C.  Granting the lease is in the best interests of the 
municipality. 
D.  The lease will not unreasonably interfere with ingress 
and egress of riparian owners. 
E.  The lease will not unreasonably interfere with 
navigation. 
F.  The lease will not unreasonably interfere with fishing 
or other uses of the area.  For purposes of this paragraph, 
"fishing" includes public access to a redeemable shellfish 
resource, as defined by the department, for the purpose of 
harvesting, provided that the resource is commercially 
significant and subject to a pollution abatement plan that 
predates the lease application, that includes verifiable 
activities in the process of implementation and that is 
reasonably expected to result in the opening of the area to 
the taking of shellfish within 3 years. 
G.  The lease will not unreasonably interfere with 
significant wildlife habitat and marine habitat or with the 
ability of the lease site and surrounding marine and upland 
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COMMITTEE AMENDMENT ,b .. to H.P. 1383, L.D. 1857 
areas to support existing ecologically significant flora and 
fauna. 
H. 
The 
applicant 
has 
demonstrated 
that 
there 
is 
an 
available source of organisms to be cultured for the lease 
~ 
I. 
The lease does not unreasonably interfere with the use 
or enjoyment of a beach. park or docking facility or certain 
conserved lands. 
For purposes of this paragraph. "conserved 
lands" means: 
(1) 
Land in which fee ownership has been acquired by 
the municipal government. State Government or Federal 
Government 
in 
order 
to 
protect 
the 
important 
ecological, recreational, scenic, cultural or historic 
attributes of that property: or 
(2) 
Land that has been protected through fee ownership 
or conservation easement with funding from the Land for 
Maine's Future Fund. 
A municipality shall review the State Planning Office's list of 
conserved lands compiled pursuant to section 6072, 
subsection 
7-A, paragraph F prior to granting a lease. 
A municipality shall put its findings on each of the criteria 
listed in this subsection in writing and make them available to 
the public. 
3. 
Municipal leases. 
Prior to issuing any lease pursuant 
to this section, 
a 
municipality shall adopt ordinances that 
establish procedures 
for consideration of the proposed lease 
under the decision criteria in subsection 2-A, including but not 
limited to provisions for a public hearing process. 
An ordinance 
proposed by a municipality under this subsection must be approved 
in writing by the commissioner prior to its adoption. 
When 
approved, 
a 
municipal 
lease must 
be 
forwarded 
to 
the 
commissioner. 
The municipality may charge a lease rental fee not 
to 
exceed 
$50 
per 
acre. 
The 
municipality 
may 
establish 
conditions and limits on the lease. 
A lease may be granted for a 
period of up to 10 years and is renewable upon application by the 
leaseholder. 
The terms and conditions of a municipal lease must 
be monitored and enforced by the municipality. 
4. Renewals. 
A municipality shall give public notice for a 
lease renewal as required under subsection I-A, and a hearing 
must be held if it is requested in writing by 5 or more persons. 
If a public hearing is required, it must be held in accordance 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. ~ 
.. to H.P. 1383, L.D. 1857 
wi th procedures established in an ordinance adopted pursuant to 
subsection 3. 
Renewals may be granted as long as the lease 
continues to meet the criteria of subsection 2-1.. 
The findings 
of the municipality regarding the criteria in subsection 2-1. must 
be in writing and available to the public. 
Sec. A-22. 38 MRSA §3, as amended by PL 1991, c. 685, §l and 
c. 838, §16, is further amended to read: 
§3. Moorinq sites 
In all harbors wherein channel lines have been established 
by the municipal officers, as provided in section 2, and in all 
other coastal and tidal waters, harbors and great ponds where 
mooring rights of individuals are claimed to be invaded and 
protection is sought of the harbor master, the harbor master 
shall assign and indicate only to the masters or owners of boats 
and 
vessels 
the 
location that they 
may 
occupy 
for 
mooring 
purposes and shall change the location of those moorings from 
time to time when the crowded condition of that harbor or great 
pond, 
the need to conform to section 7 -A or other condi tions 
render the change desirable. 
Unless permitted by an ordinance adopted under section 3-1., 
mooring assignments may not be transferred. 
Assignments may not 
be 
rented unless the provision for 
rental was part of 
the 
agreement when the mooring was assigned. 
Assignment of these mooring privileges does not confer any 
right, title or interest in submerged or intertidal lands owned 
by the State. 
To the extent that there is any inconsistency 
between this subchapter and any law whieh .t.ha.t establishes or 
otherwise 
provides 
for 
a 
port 
authority, 
board 
of 
harbor 
commissioners or similar authority for any coastal waters of the 
State, that inconsistency saa** must be resolved in favor of this 
subchapter. 
Whenever practicable, the harbor master shall assign mooring 
privileges in those waters where individuals own the shore rights 
to a parcel of land, are masters or owners of a boat or vessel 
and 
are 
complainants, 
and 
shall 
locate 
suitable 
mooring 
privileges 
therefor 
for 
boats 
and 
vessels, 
temporarily 
or 
permanently, 
as the case may be, 
fronting their land, if so 
requested, 
but not to encroach upon the natural 
channel 
or 
channels established by municipal officers; provided that not 
more 
than 
one 
mooring 
may 
be 
assigned 
to 
any 
saeFe-~FeR~ 
shorefront parcel of land under this privilege. Notwithstanding 
section 11, persons who, prior to January 1, 1987, owned shore 
rights of at least 100 feet of frontage regardless of the size of 
the lot saa** have mooring privileges assigned according to this 
Page l2-LR2749(3) 
COMMITTEE AMENDMENT 
::-. 
~\.is\~' 
COMMITTEE AMENDMENT ,~, to H.P. 1383, L.D. 1857 
section. 
The 
limitation of 
one 
mooring 
assigned 
privilege sRall does not prevent the owner of a 
shorefront parcel from receiving additional mooring 
under the allocation system for all other residents. 
under 
this 
SR6!'e-£:!'6Bt 
assignments 
A harbor master may refuse to assign mooring privileges to 
any vessel or boat owner or master who has not paid any fee, 
charge for services, forfeiture or penalty levied pursuant to 
this subchapter. 
Municipalities may not charge mooring fees for and do not 
have jurisdiction over the siting or specifications of structural 
moorings 
used 
to 
secure 
aquaculture 
equipment 
within 
the 
boundaries of a lease site when that site's lease is issued 
pursuant to Title 12, section 6072, 6072-A or 6072-B. 
Municipalities 
have 
jurisdiction 
over 
boat 
and 
vessel 
moorings within the boundaries of a lease site when that site's 
lease is issued pursuant to Title 12, section 6072, 6072-8 or 
6072-B. 
A municipality may not charge a mooring fee for a boat 
or vessel within the boundaries of a lease that is inconsistent 
with 
that municipality's 
other 
mooring 
fees 
for 
commercial 
vessels. 
PARTB 
Sec. B·l. Bay management study. 
The Land and Water Resources 
Council established in the Maine 
Revised Statutes, Title 5, 
section 3331, referred to in this Part as "the council," shall 
undertake a study of bay management. 
The intent of this study is 
to explore and document potential new and innovative concepts for 
the management of Maine's 
embayrnents 
through 
a 
2-year pilot 
initiative. 
Sec. B·2. Study oversight. 
The council shall begin the study 
no later than September 1, 2004. 
The study must be carried out 
under the direction of the council with work performed by an 
interagency staff work group with input from a project steering 
committee. 
The project steering committee must include members 
of the public with expertise in relevant fields of interest such 
as marine resources, fisheries, natural resource conservation, 
aquaculture, economic development, planning, tourism and marine 
recreation uses. 
Sec. B·3. Staffing assistance; technical assistance. 
The Executive 
Department, State Planning Office and the Department of Marine 
Resources shall provide staff services to the council. 
The 
council may also seek or contract for technical assistance from 
any other agency or institution and any individual or group that 
it determines appropriate to support the study. 
COMMITTEE AMENDMENT 
" 
.~. 
'~'" 
.0 
~\'>.J 
,,~\. 
COMMITTEE AMENDMENT 'b" to H.P. 1383, L.D. 1857 
Sec. 
B-4. 
Issues 
to 
be 
considered. 
In 
developing 
its 
recommendations on bay management, the council shall: 
1. 
Establish definitions, principles, goals and objectives 
for bay management in the State; 
2. 
Drawing on national and international examples, define a 
range of approaches for bay management that is feasible for use 
in Maine; 
3. 
Establish 
clear 
criteria 
management, 
including guidelines to 
efforts by citizen groups; 
and 
standards 
for 
bay 
inform voluntary planning 
4. 
Identify data and information needs, mapping needs and 
information transfer needs for bay management; 
5. 
Identify authorities that govern near-shore waters and 
identify changes needed to regulatory structures, including but 
not limited to statutes, regulations and grant programs; 
6. 
Identify opportunities to create limited local authority 
for bay management; and 
7. 
Identify 
state, 
local 
and 
volunteer 
resources 
and 
capacity needed for bay management. 
Sec. B-5. Pilot projects. 
The council shall create one or more 
pilot projects of limited duration in a representative region or 
regions of the State where groups of marine resources users and 
other affected stakeholders investigate and discuss desired uses 
for specific land and water areas and determine methods for 
resolution of user conflicts. 
The council shall use the results 
of these pilot projects to shape the council's recommendations 
for bay management efforts. 
Sec. B-6. Public meetings. 
When held, council meetings are 
open to the public for purposes of public input. 
The interagency 
staff work group shall meet to the extent necessary to fulfill 
its duties, including but not limited to work on pilot projects, 
in different regions of the State expressly for the purpose of 
receiving public comment and testimony on its work. 
Sec. B-7. Reports. 
The interagency staff work group with the 
assistance of the project steering committee shall submit reports 
and updates on its work to the council as determined by the 
council. 
The council shall submit an interim report to the joint 
standing committee of the Legislature having jurisdiction over 
marine 
resources 
matters 
no 
later 
than 
January 
15, 
2006 
Page l4-LR2749(3) 
COMMITTEE AMENDMENT 
",~ 
.,... 
~~\~ 
\t\·"~ 
COMMITTEE AMENDMENT ~, to H.P. 1383, L.D. 1857 
updating 
the 
committee 
on 
the 
status 
and 
progress 
of 
the 
council's work. 
The council shall submit its final report and 
recommendations 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature having jurisdiction over marine resources matters no 
later than January 15, 2007. 
Sec. B-S. Funding. 
The Director of the State Planning Office 
shall 
use 
funds 
from 
the 
State 
Planning Office's 
existing 
resources and other outside sources for the costs incurred in 
carrying out the purposes of this Part. 
PARTC 
Sec. C-l. Vision and principles for Maine aquaculture. 
The 
Legislature acknowleges that aquaculture is an 
important 
and 
compatible 
element 
of 
Maine's 
diverse 
coastal 
economy. 
Aquaculture contributes to satisfying global market demands and 
can 
benefit 
local 
communities 
and 
the 
public 
interest 
by 
producing 
high-quality 
products 
and 
providing 
economic 
opportunities and by operating in an environmentally sustainable 
fashion. 
The 
Legislature 
also 
recognizes 
that 
the 
State's 
planning and regulatory processes should be adaptive, inclusive 
and fair and should support the growth of the industry in an 
economically competitive 
and 
environmentally 
sustainable 
way. 
The following are guiding principles for aquaculture in Maine. 
1. 
A working waterfront is critical to 
future. 
Marine aquaculture can be a part of 
waterfront. 
Maine's 
Maine's 
coastal 
working 
2. 
Aquaculture is one of many uses of Maine's coastal 
environment that can be made compatible with other activities 
such as commercial fishing and in harmony with natural resources. 
3. 
Marine 
aquaculture 
can 
be 
practiced 
in 
an 
environmentally sustainable fashion and need not cause permanent 
ecological damage. 
4. 
Maine's 
aquaculture 
leasing program 
should practice 
integrity in all aspects of its operation. 
5. 
Maine 
should 
encourage 
local 
participation 
in 
aquaculture permitting decisions. 
6. 
Maine's aquaculture laws and regulations should provide 
flexibility to address change while recognizing both the need for 
regulatory stability and for stability in the use of the public 
resource. 
COMMITTEE AMENDMENT 
".. 
,:;\:r~· 
COMMITTEE AMENDMENT .~. to H.P. 1383, L.D. 1857 
7. 
Maine' s aquaculture leasing process should provide for 
open communication among stakeholders. 
8. 
Maine' s 
aquaculture moni tor ing program should feature 
state-of-the-art environmental monitoring. 
9. 
Marine aquaculture may flourish only with high water 
quality. 
10. 
Marine 
aquaculture 
substantial economic value and 
communities. 
offers 
the 
potential 
to 
bring 
diversity to the State and its 
11. 
Maine should create a welcoming environment for a range 
of investments in marine aquaculture. 
12. 
Maine should encourage the development of locally owned 
and Maine-based operations. 
13. 
Maine 
should provide 
and 
encourage 
incentives 
for 
innovation in marine aquaculture. 
Sec. 
C-2. 
Appropriations 
and 
allocations. 
appropriations and allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Bureau of Resource Management 
0027 
The 
following 
Initiative: 
Deallocates 
funds 
to 
functioning 
of 
the 
Aquaculture 
Development Fund. 
reflect 
changes 
in 
Monitoring, 
Research 
the 
and 
Other Special Revenue Funds 
All Other 
Other Special Revenue Funds Total 
SUMMARY 
2003-04 
$0 
$0 
2004-05 
($229,730) 
($229,730) • 
This 
amendment is the minority report and replaces 
the 
bill. 
This amendment: 
1. 
Removes 
the 
Department 
primary agency responsible for the 
aquaculture industry; 
of 
Marine 
Resources 
as 
the 
promotion and marketing of the 
COMMITTEE AMENDMENT 
..... 
S,)l;;;;:;' 
COMMITTEE AMENDMENT ,~, to H.P. 1383, L.D. 1857 
2. 
Defines agricultural products to include aquaculture 
products; 
3. 
Increases the number of lease acres a person may be a 
tenant of from 250 to 300 and authorizes the Commissioner of 
Marine Resources to allow a person to exceed the 300-acre lease 
limi t 
if 
that 
person 
provides 
a 
fallowing 
plan 
to 
the 
commissioner identifying lease sites that will remain fallow for 
at least 12 months. 
It also limits the total amount of active 
and fallowed lease acreage that may be held by one person to 500 
acres, of which only 300 may be active; 
4. 
Expands the decision criteria the Commissioner of Marine 
Resources must 
consider for 
a 
new lease to include private 
beaches, parks and docking facilities. 
Current law limits these 
criteria to leases within 1,000 feet of government-owned beaches, 
parks and docking facilities. 
It requires the commissioner to 
consider whether a proposed lease will interfere with certain 
"conserved lands" that include governmental land held in fee to 
protect important ecological, recreational, scenic, cultural or 
historic attributes of that property and land that has been 
protected through fee ownership or conservation easement with 
funding from the Land For Maine's Future Fund; 
5. 
Authorizes the commissioner to consider more than one 
lease renewal application at a public hearing; 
6. 
Makes technical changes to reflect requirements in Maine 
Pollution Discharge Elimination System permits and to facilitate 
the transition from the finfish aquaculture monitoring program to 
the Maine Pollution Discharge Elimination System permit and to 
require finfish aquaculture leaseholders to get approval from the 
department of contractors to be used by leaseholders for data 
collection required by law; 
7. 
Grants a municipality that has a shellfish conservation 
program 
the 
authority 
to 
lease 
mud 
flats 
within 
its 
jurisdiction. 
It requires the municipality to publish a summary 
of the proposed lease and allows for public comment for 30 days 
after the publication of 
the 
application 
summary. 
It also 
requires 
a 
municipality 
to 
adopt 
ordinances 
that establish 
procedures 
for 
consideration 
of 
a 
lease 
and 
requires 
the 
municipality to hold a public hearing prior to the granting of 
the lease if requested by 5 or more people in writing. 
This 
amendment provides the decision criteria a 
municipality must 
consider when making a decision on a proposed lease and requires 
that the municipality put its findings in writing. 
Additionally, 
it requires the municipality to forward an approved lease to the 
department and provides that a municipality may not charge more 
than 
$50 
an 
acre 
for 
a 
lease. 
It gives 
the municipality 
Page l7-LR2749(3) 
COMMITTEE AMENDMENT 
,..,. 
,;\f$:~' 
COMMITTEE AMENDMENT ,~ to H.P. 1383, L.D. 1857 
authority to put conditions and limits on a lease and caps the 
length of a lease at 10 years, renewable upon application of the 
leaseholder. 
Finally, it requires 
a 
municipality to hold 
a 
public hearing on a lease renewal application if requested in 
writing by 5 or more people and provides that a lease renewal 
must be granted if it continues to meet the decision criteria; 
8. 
Establishes the Aquaculture Management Fund to develop 
and manage water quality licensing and monitoring criteria for 
aquaculture 
and 
to 
analyze 
collected 
data, 
process 
license 
applications and make information about aquaculture available to 
the public; 
9. 
Increases certain aquaculture fees and establishes new 
fees related to aquaculture leases. 
Revenues raised pursuant to 
these fees are dedicated to the Aquaculture Management Fund; 
10. 
Repeals the tax of 1¢ per pound assessed on finfish; 
11. 
Provides that municipalities may not charge a mooring 
fee 
for 
and 
do 
not 
have 
jurisdiction 
over 
siting 
or 
specifications of structural moorings used to secure aquaculture 
equipment. 
It grants authority to municipalities for boat and 
vessel moorings inside the boundaries of an aquaculture lease 
site. It prohibits a municipality from charging a mooring fee for 
such moorings that is inconsistent with other mooring fees for 
commercial vessels; 
12. 
Requires 
the 
Land 
and 
Water 
Resources 
Council 
to 
undertake a study of bay management. 
The intent of this study is 
to explore and document potential new and innovative concepts for 
the management of Maine's 
embayments 
through 
a 
2-year pilot 
initiative. 
It requires the council to begin this study no later 
than September 1, 2004 and to submit an interim report by January 
15, 2006 and a final report by January 15, 2007 to the joint 
standing committee of the Legislature having jurisdiction over 
marine resources matters. 
The study must be carried out under 
the 
direction 
of 
the 
council 
with 
work 
performed 
by 
an 
interagency staff work group with input of a project steering 
committee consisting of members of the public with expertise in 
relevant fields of interest. 
It also directs the council to 
create one or more pilot projects of limited duration in a 
representative region or regions of the State. 
The amendment 
authorizes the interagency staff work group to meet as necessary 
to fulfill its duties and specifies that meetings of the council 
are 
open 
to 
the public. 
It further 
directs 
the 
Executive 
Department, State Planning Office and the Department of Marine 
Resources to provide staff services to the council and requires 
that the Director of the State Planning Office use funds from the 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'b" to H.P. 1383, L.D. 1857 
State Planning Office's existing resources 
and other outside 
sources to cover the costs associated with this study; and 
13. 
Sets forth vision and principles statements as guidance 
for the future of aquaculture in Maine. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Appropriationsl Allocations 
Other Special Revenue Funds 
'.evenues 
Other Special Revenue Funds 
Approved: 03126/04 ;l;?ac:.. 
Office of Fiscal and Program Review 
LD 1857 
An Act to Implement the Recommendations of the Task Force on the 
Planning and Development of Marine Acquaculture in Maine 
LR2749(03) 
Fiscal Note for Bill as Amended by Committee Amendment It " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
2003-04 
2004-05 
$0 
($229,730) 
$0 
($304,584) 
Projections 
2005-06 
($229,730) 
($304,584) 
Projections 
2006-07 
($229,730) 
($304,584) 
Correctional and Judicial Impact Statements 
Establishes new civil violations 
Fiscal Detail and Notes 
The repeal of the fees collected by the Aquaculture Monitoring, Research and Development Fund will result in a loss 
of dedicated revenues collected by the Department of Marine Resources. This fund is budgeted to receive $395,994 in 
fiscal year 2004-05, although recent projections are in the $140,000 to $150,000 range. The dedicated revenue for this 
fund is to be largely replaced with new and adjusted dedicated revenues which will be deposited into a newly 
established Aquaculture Monitoring Fund. 
The annual dedicated revenues for the new Aquaculture Monitoring Fund are estimated to be $91,410 beginning in 
fiscal year 2004-05. The department plans to use the existing balance in the Aquaculture Monitoring, Research and 
Development Fund to fund a currently authorized Marine Resources Scientist II position through the end of fiscal year 
2004-05. Beginning in fiscal year 2005-06, the department's budget will reflect the transfer of the Marine Resources 
Scientist II position to the newly established fund and annual Other Special Revenue Funds allocations of $91,410 will 
be required as of that fiscal year. The allocation and revenue changes shown above will bring the net amounts down 
to the required $91,410. 
The additional costs associated with maintaining a list of conserved lands can be absorbed by the State Planning 
Office utilizing existing budgeted resources. Also, it is anticipated that the State Planning Office can use federal 
funds to assist in the study of bay management as proposed in Part B of the bill. 
LR2749(3) - Fiscal Note - Page 1 of 1