An Act To Transfer Certain Authority from the Department of Marine Resources to the Department of Agriculture, Food and Rural Resources
Maine Legislature, Session 121, LD 0882
Committee: Marine Resources
Sponsors: KAELIN, SHOREY, BIERMAN, BOWEN
Amends: 7 MRSA §401-B, 7 MRSA §1751, 12 MRSA §6071

Legislative Document 
No. 882 
H.P.659 
House of Representatives, February 20, 2003 
An Act To Transfer Certain Authority from the Department of 
Marine Resources to the Department of Agriculture, Food and 
Rural Resources 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative KAELIN of Winterport. 
Cosponsored by Senator SHOREY of Washington and 
/Jf~ 
/h.17ld£~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BIERMAN of Sorrento, BOWEN of Rockport, DUGA Y of Cherryfield, 
PlOTT I of Unity. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 7 MRSA §401-B, first~, 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 products of aquaculture as 
defined in Title 12, section 6001, subsection 1. 
These programs 
saall include, but are not Be limited tOL the following. 
Sec. 2. 7 MRSA §1751, sub-§2, as amended by PL 2001, c. 572, 
§23, is further amended to read: 
2. 
Domestic 
animals. 
"Domestic 
animals" 
means 
cattle, 
equines, goats, sheep, swine, cats, dogs, domesticated cervidae 
or other domesticated animals; large game as defined in section 
1341, subsection 5; fish and shellfish that are the product or 
stock of 
aquaculture 
as 
defined 
~n Title 12, 
section 
6001, 
subsection 1; and poultry. 
Sec. 3. 12 MRSA §6071, sub-§3, as amended by PL 1997, c. 153, 
§l, is further amended to read: 
3. 
Organism 
and products 
embargoed 
and 
condemned. 
±ae 
Except for fish and shellfish that are the product or stock of an 
aquaculture operation in this State, 
the commissioner or the 
commissioner's agent may indefinitely embargo, 
condemn or order 
to be destroyed a marine organism or marine organism product 
either indigenous or imported if: 
A. 
The organism or product is introduced to coastal waters 
in violation of this section and the commissioner determines 
that the organism or product is of unsound quality, contains 
any filthy, decomposed or putrid substance, may be poisonous 
or deleterious to health or is otherwise unsafe; 
B. 
The organism or product is intended for introduction to 
coastal waters and the commissioner determines the organism 
or product is diseased or otherwise in a condition that if 
introduced 
to 
coastal 
waters 
could 
endanger 
indigenous 
marine life or its environment; or 
C. 
Handling of the organism or product could result in the 
introduction of that organism or product to the coastal 
waters 
and 
the 
commissioner 
determines 
the 
organism 
or 
product is diseased or otherwise in a condition that if 
Page l-LR0952(1) 
introduced 
to 
coastal 
waters 
could 
endanger 
indigenous 
marine life or its environment. 
The commissioner shall cooperate with those state and federal 
agencies 
having 
similar 
responsibility in 
the 
protection of 
public health and in enforcing the order to embargo, condemn or 
destroy. 
If any marine organisms or marine organism product is embargoed, 
condemned 
or 
ordered 
destroyed, 
the 
commissioner 
or 
the 
commissioner's agent shall, 
as 
soon as practical, notify the 
owner in writing of the amount and kind of marine organisms or 
marine organism product embargoed, condemned or destroyed. 
Sec. 4. 12 MRSA §6071, sub-§3-A is enacted to read: 
3-A. 
Destruction 
and 
indemnification 
of 
products 
of 
aquaculture. 
Notwithstanding subsection 3, the Commissioner of 
Agriculture, Food and Rural Resources or the commissioner's agent 
may indefinitely embargo, 
condemn or order the destruction of 
fish or shellfish that are the product or stock of an aQuaculture 
operation in this State. 
The Commissioner of Agriculture, Food 
and Rural Resources, in accordance with Title 7, section 1756, 
shall 
cooperate 
with 
federal 
agencies 
in 
providing 
for 
the 
appraisal and destruction of and indemnification for fish and 
shellfish that are the prod~ct of aQuaculture. 
SUMMARY 
This bill includes products of aquaculture as agricultural 
or farm products for the purposes of marketing and promotional 
assistance by 
the 
Department of Agriculture, 
Food 
and 
Rural 
Resources. 
It transfers responsibility for the destruction of 
and indemnification for diseased fish and shellfish that are the 
products of aquaculture from the Commissioner of Marine Resources 
to the Commissioner of Agriculture, Food and Rural Resources.