An Act To Implement the Recommendations of the Task Force on the Planning and Development of Marine Aquaculture in Maine
Maine Legislature, Session 121, LD 1857
Committee: Marine Resources
Amends: 5 MRSA §13056, 7 MRSA §401-B, 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6673, 38 MRSA §3

Legislative Document 
No. ISS7 
H.P.1383 
House of Representatives, February 18,2004 
An Act To Implement the Recommendations of the Task Force on 
the Planning and Development of Marine Aquaculture in Maine 
Reported by Representative BULL of Freeport for the Task Force on the Planning and 
Development of Marine Aquaculture in Maine pursuant to Resolve 2003, chapter 40 and 
chapter 101, section 3. 
Reference to the Committee on Marine Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recyded paper 
7!J~ 
/J?7J?P£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §13056, sub-§6, as amended by PL 2003, c. 159, 
§2, is further amended to read: 
6. 
Implement programs. 
Implement economic and community 
development programs whieh that are assigned to the department by 
the 
Governor 
or 
Legislature, 
including 
those 
formerly 
administered by the following other state agencies: 
A. 
The programs of the State Development Office; aBa 
B. 
Other 
community 
planning 
and 
development 
assistance 
programs of the State Planning Office; and 
c. 
Aquaculture industry development; 
Sec. 2. 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 
sha~~ include, but are not se limited tO L the following. 
Sec. 3. 12 MRSA §6072, sub-§2, ,E, as amended by PL 1997, c. 
609, §1, is further amended to read: 
E. 
The lease does not result in a person being a tenant of 
any kind in leases covering an aggregate of more than 6eQ 
.5QQ. acres; and 
Sec. 4. 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. 
~his-~eview-mHst 
ta~e-~~-aay-k~~~~&-A~4~--~-aBa-~--±ethT 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 
Page l-LR2749 (l) 
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 P1:!FS1:!a-a-t;.-t.e ~ 
this subsection are 
major 
substantive rules 
PQ~SQaRt.--~e as 
defined by Title 
5, 
chapter 375, subchapter II-A 2-A. 
Sec. 5. 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 aquaculture leases in an area and may grant the lease if the 
proposed project meets the following conditions as defined by 
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 
t;aJi:iB~--i-nt~-eGasiG&Fa-t,.~&-~ll..e--numbe-t'--aBEl 
EleBsit;y-ef--aEJ:~-u-l~~-r-e---leases -in--a-a-aFea. 
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; 
F. 
The lease does not unreasonably interfere with public 
use or enjoyment within 1,000 feet of R1QRieipally--ewBeElT 
st;at;e-ewReEl--~---~~~~¥~--geaeHes--~--~~~--eF 
R1QRieipally-ewReElT--st;at;e-ewReEl--e~--~eEle~ally-ewReEl--EleeJi:iB~ 
~aeilit;ies beaches. 
parks. 
docking 
facilities 
owned 
by 
federal. state or municipal governmental agencies 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. 
The 
Executive 
Department, 
State 
Planning 
Office 
shall 
maintain a list of conserved lands. 
The commissioner shall 
request this 
information 
from 
the State Planning Office 
prior to any preapplication scoping session held; 
G. 
Will not result in unreasonable impact from noise or 
light at the boundaries of the lease site; and 
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 ~~aB~i~Y-FeFmissie*e-imFaet 
~BeeF-FaFa~FaFh-G-aBe-ta establish noise, light and visual impact 
cri teria under 
FaFa~FaFa paragraphs G and 
H, 
which are major 
substantive rules as defined in Title 5, chapter 375, subchapter 
2-A. 
Sec. 6. 12 MRSA §6072, sub-§12, as repealed and replaced by PL 
2003, c. 247, §8, is amended to read: 
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 6§9 
.2QQ 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. 
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The commissioner shall provide notice of a proposed lease renewal 
in the Same manner as required under subsection 6. 
A person may 
provide 
to 
the 
commissioner 
cOmments 
on 
the 
proposed 
lease 
renewal within 30 days of receipt of notice or within 30 days of 
pUblication of notice. 
A public scoping session, as defined in 
rule, must be held if it is requested in writing by 5 or more 
persons. 
The commissioner may hold a public hearing on a proposed lease 
renewal. 
If a hearing is held, it is an adjudicatory proceeding 
held in accordance with Title 5, chapter 375, subchapter 4. 
Sec. 7. 12 MRSA §6072, sub-§12-A, as amended by PL 1997, c. 
609, §3, is further amended to read: 
l2-A. 
Transferability. 
A 
another person for the remaining 
the following conditions. 
lease 
may 
be 
transferred 
to 
portion of its term subject to 
A. 
Lease 
transfers 
sha±±--se ~ subject 
to 
the 
same 
procedural requirements as initial applications, except that 
a 
public 
hearing is not 
mandatory 
ya±ess--Fe~yes~eQ--iB 
wFi~ia~-sy-§-peFseRs. 
The commissioner shall provide notice 
of a proposed lease transfer in the Same manner as required 
under 
subsection 
6. 
A 
person 
may 
provide 
to 
the 
commissioner comments on the proposed lease transfer within 
days 
of 
receipt 
of 
notice, 
or 
within 
days 
of 
publication of notice. 
A public scoping session, as defined 
in rule, must be held if it is requested in writing by 5 or 
more persons. 
The commissioner may hold a public hearing on the pr.oposed 
lease transfer. 
If a hearing is held, it is an adjudicatory 
proceeding held in accordance with Title 5, chapter 375, 
subchapter 4. 
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) 
The transfer will not cause the transferee to be a 
tenant of any kind in leases covering an aggregate of 
more than 699 500 acres. 
Sec. 8. 12 MRSA §6072-A, sub-§6, as enacted by PL 
1997, c. 
231, §6, is amended to read: 
6. 
Public bearing. 
The 
commissioner 
may 
hold 
a 
public 
hearing on the proposed limited-purpose lease. 
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... The 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 
municipali ty in which the limited-purpose lease acti vi ty 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. 9. 12 MRSA §6072-A, sub-§7, as amended by PL 2003, c. 
247, §11, is repealed. 
Sec. 10. 12 MRSA §6072-A, sub-§7-A is enacted to read: 
7-A. 
Public scoping session. 
The commissioner shall hold a 
public scoping session, as defined in rule, if 5 or more persons 
reguest 
a 
public 
scoping 
session within 
the 
30-day 
comment 
periods provided in subsection 5. 
Sec. 11. 12 MRSA §6673, as amended by PL 1999, c. 267, §3, is 
further amended to read: 
§6673. 
Municipal leasing of flats 
A 
municipalitYT waiea 
that has 
established 
a 
shellfish 
conservation program as provided under section 6671T may lease 
areas in the intertidal zone to the extreme low water mark, 
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. 
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I-A. 
Application. 
The 
municipality 
shall 
review 
an 
application for 
a municipal lease 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 lease summary. 
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2-A. 
Decision. 
A lease may be approved by the municipal 
officers if: 
A. 
The lease conforms to the shellfish conservation program; 
B. 
The lease will not cause the total area under the lease 
to exceed 114 of all the 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 landowners within L 000 feet of the 
lease site: 
E. 
The 
lease 
will 
not 
unreasonably 
interfere 
with 
navigation: 
F. 
The lease will not unreasonably interfere with fishing 
or other uses of the area: 
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 
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 
site: and 
I. 
The lease does not unreasonably interfere wi th public 
use or enjoyment, within L 000 feet of the location of the 
lease site, Qf municipally Qwned, state-owned Qr federally 
Qwned beaches and parks or municipally owned, state-Qwned or 
federally owned docking facilities. 
3. 
Municipal leases. 
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 the 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. 
Renewals may be granted if 
the lease continues to meet the criteria of subsection 2-A. 
The 
terms and conditions of a municipal lease must be monitored and 
enforced by the municipality. 
Sec. 12. 38 MRSA §3, as amended by PL 1991, c. 685, §1 and c. 
838, §16, is further amended to read: 
§3. 
Mooring 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 
pond, the need to conform to 
render the change desirable. 
condition of that harbor or great 
section 7 -A or other conditions 
Unless permitted by an ordinance adopted under section 3-A, 
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 wsies .th.a.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 ssall 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 shore-front 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 ssall have 
mooring 
privileges 
assigned 
according 
to 
this 
section. 
The 
limitation of one mooring assigned under this privilege ssall 
~ 
not prevent the owner of a shore-front parcel from receiving 
additional mooring assignments under the allocation system for 
all other residents. 
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 do not have jurisdiction over the siting or 
specifications of structural moorings used to secure aguaculture 
eguipment 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 do not have jurisdiction over boat or vessel 
moorings 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. 
SUMMARY 
This bill implements the recommendations of the Task Force 
on the Planning and Development of Marine Aquaculture in Maine. 
The bill does the following. 
1. 
It clarifies that the Commissioner of Marine Resources 
shall provide notice of a proposed lease renewal or transfer in 
the same manner as required for the original lease. 
2. 
It gives the commissioner authority to hold a public 
hearing on the proposed lease renewal or transfer. 
3. 
It requires the commissioner to hold a public scoping 
session if 5 or more persons request a hearing. 
4. 
It expands a municipality's authority to grant a lease. 
5. 
It lists guidelines by which a municipality may approve 
a lease.