An Act To Modify the Criteria for Approval of Aquaculture Leases
Maine Legislature, Session 121, LD 1001
Committee: Marine Resources
Sponsors: EDMONDS, SULLIVAN, KOFFMAN, ASH, COWGER
Amends: 12 MRSA §6072

Legislative Document 
No. 1001 
S.P.345 
In Senate, February 25,2003 
An Act To Modify the Criteria for Approval of Aquaculture Leases 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator EDMONDS of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representative SULLIVAN of Biddeford, Representative KOFFMAN of Bar 
Harbor and Representatives: ASH of Belfast, COWGER of Hallowell. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 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 
regulation: 
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; aBe. 
F. 
The lease does not unreasonably interfere with public 
use or enjoyment within 1,000 feet of municipally owned, 
s~a~e-ewBee. state-owned or federally owned beaches and parks 
or municipally owned, 
s~at.e-ewRee. state-owned or federally 
owned docking facilitiesTL 
G. 
Will 
not result in unreasonable 
impact 
from 
noise, 
vibration, glare or light at the boundaries of the lease 
site; and 
H. 
For leases in excess of 8 acres, will be in compliance 
with visual 
impact criteria adopted by the 
commissioner 
relating to color, height. 
shape, mass and distance from 
conservation lands, public parks and existing residential 
uses. 
Page l-LR1485(1) 
The commissioner shall adopt rules to guantify permissible impact 
under paragraph G and to establish visual impact criteria under 
paragraph H. 
The rules adopted pursuant to this section are 
major 
substantive rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
SUMMARY 
This bill broadens the criteria for approval of aquaculture 
leases to include consideration of upland conservation lands, 
public parks and residential uses. 
The Commissioner of Marine 
Resources is required to adopt quantifiable impact standards and 
visual 
impact criteria to protect upland conservation lands, 
public 
parks 
and 
residential 
uses. 
This 
will 
increase 
predictability for all parties in the lease application process.