An Act to Make Changes to the Laws Governing Aquaculture Leasing LR 1908(02)
Maine Legislature, Session 121, LD 1417
Committee Amendment CA_A_H282 (House)
Amends: 5 MRSA §12004-I, 12 MRSA §6080, 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6072-C, 12 MRSA §6077, 12 MRSA §6078, 12 MRSA §6078-A

COMMITTEE AMENDMENT "/I,, to H.P. 1040, L.D. 1417, Bill, 
Act To Make Changes to the Laws Governing Aquaculture Leasing" 
"An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 5 MRSA §12004-I, sub-§57-C, as reallocated by RR 1995, 
c. 2, §9, is amended to read: 
57-C. 
Marine 
Resources 
Maiae 
SaJ:mea 
Aquaculture 
Advisory 
Council 
Not 
Authorized 
MRSA 
§6080 
Sec. 2. 12 MRSA §6072, sub-§I, as amended by PL 1983, c. 301, 
§1, is further amended to read: 
1. 
Authority. The commissioner may lease areas in, on and 
under the coastal waters.L. including the public lands beneath 
those waters and portions of the intertidal zoneL 
for scientific 
research or for aquaculture of marine organisms. The commissioner 
may grant a lease to any person. Except as provided in this Part, 
the commissioner's power to lease lands under this section shall 
ee II exclusive. 
For the purposes of this section, the deputy 
commissioner may serve in the place of the commissioner. 
For the 
purposes 
of 
this 
section, 
the 
commissioner 
or 
the 
deputy 
Page l-LR1908(2) 
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commissioner 
serving 
in 
the 
place 
of 
the 
commissioner 
may 
authorize in writing qualified professional department staff to 
sign lease documents. 
Sec. 3. 12 MRSA §6072, sub-§6, 1JD, as enacted by PL 1999, c. 
591, §2, is repealed. 
Sec. 4. 12 MRSA §6072, sub-§7-A, as amended by PL 1999, c. 
267, §2, is further amended to read: 
7-A. 
Decision. The commissioner may grant the lease if the 
proposed project meets the following conditions as defined by 
Fe~Qla~ieR rule: 
A. 
Will not unreasonably interfere with the ingress and 
egress of riparian owners; 
B. 
Will not unreasonably interfere with navigation; 
C. 
will not unreasonably interfere with fishing or other 
uses of the area taking into consideration the number and 
density of aquaculture leases in an area. 
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 
years; 
D. 
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 fauna; 
E. 
The 
applicant 
has 
demonstrated 
that 
there 
is 
an 
available source of organisms to be cultured for the lease 
site; aRe. 
F. 
The lease does not unreasonably interfere with public 
use or enjoyment within 1,000 feet of municipally owned, 
state-ewaee. state-owned or federally owned beaches and parks 
or municipally owned, 
s~at;&-eW'BeQ state-owned or federally 
owned docking facilitiesTL 
G. 
Will not result in unreasonable impact from noise or 
light at the boundaries of the lease site: and 
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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 quantify permissible impact 
under paragraph G and to establish visual impact criteria under 
paragraph H, 
which are major substantive rules as defined in 
Title 5, chapter 375, subchapter 2-A. 
Sec. 5. 12 MRSA §6072, sub-§7-B, as enacted by PL 1987, c. 
453, §l, is amended to read: 
7-8. 
Conditions. 
The commissioner may establish conditions 
that govern the use of the leased area and limitations on the 
aquaculture activities. 
These conditions shall must encourage 
the greatest multiple, compatible uses of the leased area, but 
shall ~ 
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. 
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eemmissieBe~-ffiay-~~aR~-~~~~~~~~&~~-&a&~&-QB~il-~Re 
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Sec. 6. 12 MRSA §6072, sub-§ 10, as amended by PL 1987, c . 453 , 
§l, is repealed and the following enacted in its place: 
10. 
Rotification of granted leases. 
After the granting of 
a lease: 
A. 
The lessee shall record the lease in the registry of 
deeds of each county in which the leased area is located: 
B. 
The 
department 
shall 
notify 
all 
riparian 
owners, 
intervenors and the municipality in which the lease is 
located that a lease has been granted. 
The notice must 
include a description of the area and how a 
copy of the 
lease may be obtained: 
C. 
The lessee shall mark the leased area in a 
manner 
prescribed by the commissioner: and 
D. 
The lessee shall annually submit to the department a 
seeding and harvesting report for the past year 
and 
a 
seeding and harvesting plan for 
the 
coming year. 
Upon 
written request, the department shall provide a copy of the 
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report to the municipality or municipalities in which or 
adjacent to which the lease is located. 
The seeding and 
harvesting 
reports 
submitted 
by 
a 
lessee 
under 
this 
paragraph 
are 
considered 
confidential 
business 
record 
information for the purposes of section 6077. 
Sec. 7. 12 MRSA §6072, sub-§II, as amended by PL 1987, c. 453, 
§1, is further amended to read: 
11. 
Monitoring 
and 
revocation 
of 
leases. 
The 
lease 
department shall se-~~~e~ee-~-&h&-aepaEtmeRt monitor a lease 
under this section on an annual basis. 
If 
s~sstaRt4a~~Y--Re 
~eseaEeh-~-~~~k&~~-ha6-~-eeBeae&ee-w~~h~~~~-p~eeeaiR~ 
yeaE7--eE--i~--it aquaculture has 
been conducted in a 
manner 
substantially injurious to marine organisms, if no substantial 
aquaculture or research has been conducted over the course of the 
~ 
or if any et;heE condition of the lease has been violated, 
the commissioner shall mgy initiate revocation proceedings and 
may 
revoke 
the 
lease. 
A 
lease 
revocation shall--se is 
an 
adjudicatory proceeding under 
the-Mai-ne--Adm-j,n.Hr1=-~i¥e--PEeeea~Fe 
Aet7 Title 5, chapter 375, subchapter IV,i. 
A-
The department 
shall hold a hearing with public notice ssaU--be--hela prior to 
revoking any lease. 
Sec. 8. 12 MRSA §6072, sub-§12, as amended by PL 1997, c. 609, 
§2, is repealed and the following enacted in its place: 
12. 
Renewal. 
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: 
D. 
The renewal will not cause the lessee to become a tenant 
of any kind in leases covering an aggregate of more than 250 
acres; and 
E. 
The lease is not being held for speculative purposes. 
When 
aguacul ture 
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. 
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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. 
Sec. 9. 12 MRSA §6072-A, sub-§I, as enacted by PL 1997, c. 
231, §6, is amended to read: 
1. 
Authority. The commissioner may issue a limited-purpose 
lease for areas in, on and under the coastal waters..... including 
the public 
lands 
beneath 
those waters 
and portions 
of 
the 
intertidal 
zone..... 
for 
commercial 
aquaculture 
research 
and 
development or for scientific research. 
The commissioner or the 
deputy 
COmmissioner 
acting 
on 
the 
commissioner's 
behalf 
may 
authorize in writing qualified professional department staff to 
issue 
a 
final 
decision 
and 
sign 
a 
lease 
document 
on 
an 
application for a limited-purpose lease. 
A decision issued by 
department staff pursuant to this subsection is a final agency 
action with respect to that lease application. 
Sec. 10. 12 MRSA §6072-A, sub-§5, as amended by PL 2001, c. 
122, §1, is further amended to read: 
5. 
Notice of application. 
',I;he-~4€aR~ Upon determining 
that an application is complete, the commissioner shall provide 
notice of 
a 
limited-purpose 
lease application to 
owners 
of 
riparian land within 1,000 feet of the proposed location of the 
lease and to the municipal officers of the municipality in which 
the 
limited-purpose 
lease 
activity 
would 
take 
place. 
The 
applicant shall provide the names and addresses of known riparian 
landowners within 1,000 feet of the proposed location of the 
lease. 
The names and addresses must be taken from the current 
property tax roster on file at the local municipal office or with 
the Department of Administrative and Financial Services, Bureau 
of 
Revenue 
Services 
for 
an 
unorganized 
territory. 
The 
commissioner shall publish a 
summary of the application in a 
newspaper of general circulation in the area proposed for 
a 
limited-purpose lease. 
A person may provide, within 30 days of 
receipt 
of 
notice 
or 
within 
days 
of 
publication of 
a 
limited-purpose lease summary, 
.tQ the commissioner comments on 
the proposed limited-purpose lease. 
Sec. 11. 12 MRSA §6072-A, sub-§7, as amended by PL 2001, c. 
122, §1, is further amended to read: 
7. 
Notice of public hearing. 
The 
appJ,ieaR~ commissioner 
shall provide notice of a public hearing to owners of riparian 
land within 1,000 feet of the proposed location of the lease and 
to the municipal officers of the municipality in which the 
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COMMITTEE AMENDMENT ,~" to H.P. 1040, L.D. 1417 
limited-purpose 
lease 
activity 
would 
take 
place. 
The 
commissioner shall publish notice of 
a 
public hearing in 
a 
newspaper of general circulation in the area proposed for 
a 
limited-purpose lease at least 30 days before the hearing. 
Sec. 12. 12 MRSA §6072-A, sub-§17, as enacted by PL 1997, c. 
231, §6, is repealed. 
Sec. 13. 12 MRSA §6072-A, sub-§17-A is enacted to read: 
17-A. 
Notification of granted leases. 
After the granting 
of a limited-purpose lease: 
A. 
The 
department 
shall 
notify 
all 
riparian 
owners. 
intervenors and the municipality in which the lease is 
located that a lease has been granted. 
The notice must 
include a description of the area and how a copy of the 
lease may be obtained; 
B. 
The lessee shall mark the leased area in a 
manner 
prescribed by the cOmmissioner; and 
C. 
The lessee shall annually submit to the commissioner a 
report for 
the past year 
on results of the scientific 
research or cOmmercial research and development undertaken 
at the lease site and a plan for the coming year. 
Results 
of commercial research and development submitted to the 
commissioner are confidential records for the purposes of 
Title I. section 402, 
subsection 3, 
paragraph A. 
Upon 
written request, the commissioner shall provide a copy of 
the public records in the report to the municipality or 
municipalities in which or adj acent to which the lease is 
located. 
Sec. 14. 12 MRSA §6072-A, sub-§21, as enacted by PL 1997, c. 
231, §6, is repealed. 
Sec. IS. 12 MRSA §6072-A, sub-§22 is enacted to read: 
22. 
Monitoring and revocation of leases. 
The department 
shall monitor a lease under this section on an annual basis. 
If 
aquaculture 
has 
been 
conducted 
in 
a 
manner 
substantially 
injurious to marine organisms. if no substantial aquaculture or 
research has been conducted over the course of the lease or if 
any condition of the lease has been violated, the commissioner 
may initiate revocation proceedings and revoke the lease. 
The 
department shall hold a 
hearing with public notice prior to 
revoking 
any lease. 
A lease 
revocation is 
an 
adjudicatory 
proceeding under Title 5. chapter 375, subchapter 4. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .. f:r" to H.P. 1040, L.D. 1417 
Sec. 16. 12 MRSA §6072-C, sub-§2, as enacted by PL 1999, c. 
567, §2, is amended to read: 
2. 
Licensed 
activities; 
criteria. 
The 
holder 
of 
a 
limited-purpose 
aquaculture 
license 
may 
utilize 
approved 
aquaculture gear in a site in the coastal waters of the State 
below the mean low-water mark to engage in certain aquaculture 
activities that meet the criteria established in this subsection 
and in rules adopted by the commissioner. 
The 
license also 
authorizes unlicensed individuals to assist the license holder in 
the 
licensed activities with the written permission of 
the 
license holder. 
The 
commissioner, 
or gualified professional 
department staff designated in writing by the commissioner, may 
issue 
a 
limited-purpose 
aquaculture 
license 
for 
certain 
aquaculture activities if the following criteria are met: 
A. The proposed activity generates no discharge into coastal 
waters; 
B. The applicant proposes 
markings 
approved 
by 
the 
pursuant to subsection 8; 
to utilize aquaculture gear and 
commissioner 
in rules 
adopted 
C. 
The gear, excluding mooring equipment, does not cover 
more than 400 square feet of area and the gear does not 
present an unreasonable impediment to safe navigation; 
D. 
The proposed activity does not unreasonably interfere 
with the ingress and egress of riparian owners; 
E. 
The proposed activity does not unreasonably interfere 
with 
fishing 
or 
other 
uses 
of 
the 
area, 
taking 
into 
consideration the number and density of aquaculture leases 
and licensed aquaculture activities in that area; and 
F. The applicant holds no more than 3 other limited-purpose 
aquaculture licenses issued under this section. 
Sec. 17. 12 MRSA §6077, sub-§4, ,A, as enacted by PL 1991, c. 
381, §6, is amended to read: 
A. 
Information submitted to 
the 
department 
under 
this 
section may be designated by the submittor as being only for 
the confidential use of the department, 
its agents 
and 
employees, other agencies of State Government, as authorized 
by 
the 
Governor, 
employees 
of 
the 
United 
States 
Environmental 
Protection Agency, 
the United States 
Army 
Corps of Engineers, 
the United States Fish and Wildlife 
Service, the National Marine Fisheries Services, the United 
States Department of Agriculture, the Attorney General and 
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to H.P. 1040, L.D. 1417 
employees 
of 
the municipality in which 
the 
aquaculture 
facility is 
located. 
The 
designation 
must 
be 
clearly 
indicated on each page or other portion of information. 
The 
commissioner 
shall 
establish 
procedures 
to 
ensure 
that 
information so designated is segregated from public records 
of the department. 
The department' s 
public records must 
include the indication that information so designated has 
been submitted to the department, giving the name of the 
submittor and the general nature of the information. 
Upon a 
request 
for 
information, 
the 
scope 
of 
which 
includes 
information so designated, the commissioner shall notify the 
submittor. 
Within 15 days after receipt of the notice, the 
submittor 
shall 
demonstrate 
to 
the 
satisfaction of the 
department that the designated information should not be 
disclosed because 
the 
information is 
a 
trade secret or 
production, 
commercial 
or 
financial 
information, 
the 
disclosure of which would impair the competitive position of 
the 
submittor 
and 
would 
make 
available 
information not 
otherwise publicly available. 
Unless such a demonstration 
is made, 
the information must be disclosed and becomes 
a 
public record. 
The department may grant or deny disclosure 
for the whole or any part of the designated information 
requested and within 15 days shall give written notice of 
the decision to the submittor and the person requesting the 
designated information. 
A person aggrieved by a decision of 
the 
department 
may 
appeal 
to 
the 
Superior 
Court. 
All 
information provided by the department to the municipality 
under this paragraph is confidential and not a public record 
under Title I, chapter 13. 
If a request for the information 
is submitted to the municipality, the municipality shall 
submit that request to the commissioner to be processed by 
the department as provided in this paragraph. 
Sec. 18. 12 MRSA §6078, as amended by PL 1999, c. 156, §4, is 
repealed. 
Sec. 19. 12 MRSA §6078-A is enacted to read: 
56078 A. 
Apaculture Monitoring. Research and DevelORJDent Fund 
1. 
Fund established. 
The Aquaculture Monitoring, Research 
and Development Fund, referred to in this section as "the fund. " 
is established. 
All income received by the commissioner under 
this section must be deposited with the Treasurer of State, 
tracked acgording to its source and credited to the fund. 
Any 
balance remaining in the fund at the end of a fiscal year does 
not lapse but must be carried forward to the next fiscal year. 
Any interest earned on assets of the fund is credited to the 
fund. 
All records related to harvests submitted by aquaculture 
COMMITTEE AMENDMENT 
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lease 
holders 
are 
considered 
confidential 
business 
record 
information for the purposes of section 6077. 
2. 
Fees. 
The following fees must be assessed and credited 
to the fund. 
A. 
A person producing finfish in an aquacultural facility 
subject to section 6072 shall pay to the commissioner a fee 
of It per pound of whole fish harvested. 
The person shall 
pay the fee within 30 days of harvest. 
Timely payment of 
the fee is a condition of a lease granted under section 6072 
for 
the 
production 
of 
finfish 
in net-pen 
aquacultural 
facilities. 
The 
commissioner 
may assess 
a 
late payment 
charge on an overdue payment computed at the annual interest 
rate established by the State Tax Assessor under Title 36, 
section 186. 
The commissioner may establish by rule any 
procedural requirements for collection of the fee, including 
without limitation monthly reporting of harvest amounts and 
reporting forms. 
A person who does not pay the fee commits 
a civil violation for which a fine not to exceed $1,000 may 
be adjudged. 
The 
commissioner 
may 
develop 
by 
rule 
an 
alternative 
production fee schedule based on the amount of feed that is 
used at finfish facilities. 
Any alternative production fee 
must be designed to return an equivalent and sufficient 
revenue stream to the production fee in this paragraph in 
order to support the purposes of subsection 3. 
B. 
In accordance with the authority of the commissioner to 
levy lease rents pursuant to section 6072, subsection 9 and 
section 6072-A( subsection 14 and application fees pursuant 
to section 6072, subsection 4, the commissioner shall adopt 
rules 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 paragraph. 
Any rent or fee assessed 
in addition to the fees that are in effect on the effective 
date of this paragraph must be credited to the fund. 
A 
person who does not pay the rent or fee commits a civil 
violation for which a 
fine not to exceed $1,000 may be 
adjudged. 
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 not to exceed $1,000 may 
be adjudged. 
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COMMITTEE AMENDMENT .. fj .. to H.P. 1040, L.D. 1417 
A fee received pursuant to this section must be accounted for 
separately within the fund according to whether it is from a 
finfish or shellfish source so that at any point the commissioner 
or the Marine Resources Adyisory Council may determine the total 
fund balance and proportional expendi tures attributable to each 
revenue source. 
3. 
~enditures; 
pUQ?Ose. 
The 
commissioner 
may 
make 
expenditures 
from 
the 
fund 
to 
deyelop 
effectiye 
and 
cost-efficient water quality licensing and monitoring criteria, 
analyze 
and 
evaluate 
monitoring 
data 
and 
process 
lease 
applications. 
The cOmmissioner shall expend the fund amounts in 
proportion to the amounts of revenue from finfish sources and 
shellfish sources. 
In deyeloping a program of expenditures, the 
commissioner shall consult with the Aquaculture Advisory Council 
established under Title 5, section 12004-1, subsection 57-C. 
The 
commissioner 
may 
contract 
for 
seryices 
priyately 
or 
under 
memoranda of agreement with other state agencies. 
4. 
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 ingustry, to adgress matters that the commissioner 
determines are of long-term interest to the State's aguaculture 
industry ang to rebate reyenues to all those persons who paid 
fees unger subsection 2. 
A rebate must be in the same proportion 
to the total of all rebates as the recipient's fees for that 
period are to the total of all fees levied for that period. 
The 
commissioner shall consult with the Aquaculture Advisory Council 
establisheg unger Title 5, section 12004-1. subsection 57-C when 
determining expengitures unger this subsection. 
5. 
ReROrts. 
On or before February 1st of each year, the 
commissioner shall report to the joint standing committee of the 
Legislature haying jurisdiction oyer marine resources matters on 
all expenditures made from the fund in the preyious fiscal year 
and on all work accomplished and planneg. 
The joint standing 
committee may introduce ang report out legislation it determines 
necessary to mogify the proyisions of this section. 
6. 
Rules. 
The commissioner may adopt rules pursuant to 
this 
section 
only 
after 
consultation 
with 
the 
aquaculture 
ingustry that clearly establish the recommended framework for 
lease rents, application fees and production fees as well as the 
relateg personnel or contracting costs funded by the recommended 
fee increases. 
Rules adopted pursuant to this subsection are 
major substantive rules as defined in Title 5, 
chapter 375, 
subchapter ?-A. 
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COMMITTEE AMENDMENT "k, to H.P. 1040, L.D. 1417 
Sec. 20. 12 MRSA §6080, as amended by PL 1999, c. 156, §5, is 
further amended to read: 
§6080. 
Aquacu1ture Advisory Counci1 
1. 
Appointment; composition. 
The 
Ma~ae-SaJffi9B Aquaculture 
Advisory Council, referred to in this section as the "council" 
and established by Title 5, 
section 12004-1, subsection 57-C, 
consists of-4-~ members. 
The commissioner or the commissioner's 
designee is a nonvoting, ex officio member of the council. 
The 
commissioner shall appoint 6 1 members from the State's saJ:ffi9B 
aquaculture industry. 
No more than 2 of the appointed members 
may represent similar segments of the State's salffi9B aquaculture 
industry. 
2. 
Term. 
Council members serve for 3 years and continue 
serving until a successor is duly appointed and qualified. 
In 
the case of a vacancy, the commissioner shall promptly fill the 
vacancy. 
3. 
Purpose. 
The council shall make recommendations to the 
commissioner concerning expenditures from the SaJ:ffi9B Aquaculture 
Monitoring, 
Research 
and 
Development 
Fund 
for 
the 
purposes 
described 
under 
section 
9Q+Sr--sQesee~i~&&--4--aRe--+ 6078-A, 
subsections 3 and 4. 
4. 
Chair and officers. 
The council annually shall choose 
one of its members to serve as chair for a one-year term. 
The 
council may select other officers and designate their duties. 
5. 
Meetinqs. 
The council shall meet at least once each 
year. 
It may also meet at other times at the call of the chair 
or the chair's designee or the commissioner or the commissioner's 
designee. 
The council may conduct a meeting by means of a 
conference call linking 2 or more members of the council. 
Sec. 21. Transfers from existing accounts. 
The Department of 
Marine 
Resources 
may 
transfer 
the 
existing 
balance 
and 
encumbrances from the Salmon Aquaculture Monitoring, Research and 
Development 
Fund at 
any 
time prior to its lapsing to 
the 
Aquaculture Monitoring, Research and Development Fund in order to 
fund 
any 
of 
the 
activities 
outlined 
in 
the 
Maine 
Revised 
Statutes, Title 12, section 6080. 
Sec. 22. Transition clause. 
The operation, purpose, duties and 
obligations of the Maine Salmon Aquaculture Advisory Council are 
transferred to the Aquaculture Advisory Council. 
Members serving 
on the Maine Salmon Aquaculture Advisory Council on the effective 
date of this Act may continue to serve out their terms as members 
of the Aquaculture Advisory Council. ' 
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COMMITTEE AMENDMENT .. p 
. to H.P. 1040, L.D. 1417 
SUMMARY 
This amendment strikes the bill and makes changes to several 
sections of the marine resources laws that regulate the leasing 
and monitoring of public waters for marine aquaculture. 
These 
changes 
affect the 
issuance 
of 
standard 
and 
limited-purpose 
aquaculture leases. 
The changes are as follows. 
1. 
It proposes to allow qualified professional staff to 
sign lease documents following the approval of a standard lease 
by 
the 
Commissioner 
of Marine 
Resources, 
and 
to 
allow the 
commissioner or deputy commissioner to delegate the approval of 
limited-purpose leases to qualified professional staff. 
2. 
It repeals 
a 
requirement that the applicant for 
a 
standard aquaculture lease publish notice of public hearing for 
the lease in the newspaper. 
3. 
It 
deletes 
language 
regarding 
Department 
of 
Environmental Protection certification of water quality. 
4. 
It changes 
language 
on the notification of granted 
leases to remove a requirement of public notice in a local paper 
and adds a requirement that the Department of Marine Resources 
notify riparian landowners, intervenors and the municipality that 
a lease has been granted. 
5. 
It 
amends 
language 
on 
the 
revocation 
of 
standard 
aquaculture leases to allow the Commissioner of Marine Resources 
discretion in when to initiate revocation proceedings. 
6. 
It 
repeals current language on the renewal of standard 
leases in order to enact new language on the renewal of standard 
leases that requires earlier notice of intent to renew and adds a 
requirement that leases not routinely used must be determined to 
still meet all of the approval criteria in the Maine Revised 
Statutes, Title 12, section 6072, subsection 7-A. 
7. 
It clarifies that the existing exclusive jurisdiction of 
the 
Commissioner of Marine Resources to regulate aquaculture 
activities on state submerged lands below the mean low-water mark 
includes 
all 
types 
of 
equipment 
to 
be 
located 
within 
a 
limited-purpose aquaculture lease. 
Language is also proposed to 
allow qualified professional staff to sign decision documents and 
leases. 
8. 
It changes language to require the Department of Marine 
Resources 
to 
notify 
riparian 
landowners 
when 
a 
complete 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "fr· to H.P. 1040, L.D. 1417 
limited-purpose aquaculture lease application is being reviewed 
by the department. 
The applicant is required to submit the names 
and addresses of the riparian landowners. 
9. 
It changes language to require the Department of Marine 
Resources and not the applicant to publish notice of a public 
hearing for a limited-purpose aquaculture lease application. 
10. 
It deletes a provision on municipal approval 
new 
language 
concerning 
municipal 
participation 
limited-purpose aquaculture lease process. 
and adds 
in 
the 
11. 
It changes language on notification on the issuance of 
limited-purpose aquaculture leases. The requirement to record the 
lease in the registry of deeds and publish notice in the paper is 
removed, 
and 
a 
requirement 
that 
the 
Department 
of 
Marine 
Resources 
notify 
riparian 
landowners, 
intervenors 
and 
the 
municipality is added. 
12. 
It 
limited-purpose 
on 
monitoring 
Commissioner of 
repeals 
the 
existing 
language 
on 
monitoring 
aquaculture leases in order to enact new language 
limited-purpose 
aquaculture 
to 
allow 
the 
Marine Resources discretion in when to initiate 
revocation proceedings. 
13. 
It adds the United States Department of Agriculture to 
the list of federal agencies permitted to use confidential data 
submi tted by lease holders at the direction of the Commissioner 
of Marine Resources. 
14. 
It authorizes a dedicated fund that will receive fees 
from 
both finfish 
and 
shellfish growers 
in 
order 
to 
fund 
monitoring, research and development of marine aquaculture. These 
fees will be determined by rulemaking by the Department of Marine 
Resources and are derived from the weight of harvested fish, 
application fees and lease rents. 
15. 
It 
Council 
the 
membership to 
aquaculture. 
renames 
the 
Maine 
Salmon 
Aquaculture 
Advisory 
Aquaculture 
Advisory 
Council 
and 
alters 
its 
include members from both shellfish and finfish 
16. 
It adds 
unreasonable 
noise 
and visual 
impacts 
to 
conditions the Commissioner of Marine Resources must consider 
when granting an aquaculture lease and makes any rules adopted to 
quantify these impacts major substantive rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/28/03 frae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD 1417 
An Act to Make Changes to the Laws Governing Aquaculture Leasing 
LR 1908(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined current biennium revenue increase - Other Special Revenue Funds 
Fiscal Detail and Notes 
This bill authorizes the Commissioner of Marine Resources to establish certain fees; the revenues from which will be 
deposited into the Aquaculture Monitoring, Research and Development Fund. The amounts will depend on the fee 
schedule established by the Commissioner and can not be determined at this time. 
LR1908(2) - Fiscal Note - Page 1 of 1