An Act To Make Changes to the Laws Governing Aquaculture Leasing
Maine Legislature, Session 121, LD 1417
Committee: Marine Resources
Sponsors: BULL
Amends: 5 MRSA §12004-I, 12 MRSA §6080, 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6077, 12 MRSA §6078, 12 MRSA §6078-A

Legislative Document 
No. 1417 
H.P. 1040 
House of Representatives, March 20, 2003 
An Act To Make Changes to the Laws Governing Aquaculture 
Leasing 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative BULL of Freeport. 
Prinkd on recycled paper 
17/~/h.1Jl~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
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 
MaiRe 
Sa;!,JR9R 
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 watersL 
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 
and 
to 
authorize 
placement of all structures within an ag:uaculture lease under 
this section shaJ-l--ae 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 
commissioner 
serving 
in 
the 
place 
of 
the 
commissioner 
may 
authorize 
in writing g:ualified professional 
department staff to sign lease doclli~ents. 
Sec. 3. 12 MRSA §6072, sub-§3, as amended by PL 1999, c . 267, 
§1, is repealed. 
Sec.4. 12 MRSA §6072, sub-§3-A is enacted to read: 
3-A. 
Municipal 
participation. 
Prior 
to 
filing 
an 
application for a lease with the department under this section, 
an applicant shall attend a preapplication meeting to describe 
the proposed application with representatives of the municipality 
in which the proposed lease is located. 
The department shall send a copy of the completed application to 
the governing board of the municipality as well as the harbor 
master, if such a position exists. 
The department shall provide a municipality with an opportunity 
to provide written comment prior to 
a 
public hearing under 
subsection 6 on a proposed application with respect to any of the 
decision criteria under this section, 
including designated or 
traditional 
storm 
anchorages 
and 
the 
type 
of 
mooring 
gear 
specified in the lease application. 
The municipalit.y may submit 
an opinion supported by facts on whether a proposed lease is 
Page l-LR1908(1) 
located within a channel designated under the authority of Title 
38, section 2 and whether the proposed lease will unreasonably 
interfere with navigation. 
The department shall evaluate such a 
submission with regard to the approval criteria in subsection 
7-A, paragraphs A, Band F. 
A municipality may recommend conditions on a proposed lease in 
writing to the department during the comment period under this 
subsection. 
The 
department 
shall 
consider 
any 
conditions 
recommended by the municipality, and the department shall provide 
a written explanation to the municipality at the time a draft 
decision is written if the condition is not imposed on a proposed 
lease. 
A municipality has intervenor status upon written reguest to the 
department. 
In a municipality with a shellfish conservation program under 
section 
6671, 
the 
commissioner 
may 
not 
lease areas 
in the 
intertidal zone within the municipality without the consent of 
the municipal officers. 
Once 
a 
lease is issued, 
a municipality may issue a 
mooring 
permit. 
The 
fee 
for 
a 
mooring permit is the 
same 
as that 
assigned for other commercial moorings within the municipality. 
A mooring permit may be issued on a plan basis for all moorings 
located within an aguaculture lease but may not be issued for 
each individual mooring block or anchor. 
Nothing 
in this 
section limits 
a 
municipality's ability to 
enforce the provisions of an issued mooring permit. 
Sec. 5. 12 MRSA §6072, sub-§4, as amended by PL 1997, c . 138, 
§§2 and 3, is repealed. 
Sec. 6. 12 MRSA §6072, sub-§4-B is enacted to read: 
4-B. 
Applications. 
This subsection governs applications 
under this section. 
A. 
The department shall conduct a preapplication meeting 
with an applicant prior to the submission of an application 
under this section to the department. 
The purpose of this 
meeting is to review the requirements for an application and 
to 
provide 
specific 
recommendations 
to 
the 
applicant 
regarding 
the 
reguirements 
for 
either 
an 
environmental 
baseline under subsection 5-A or characterization. 
For a meeting on an application that proposes a discharge 
into state or coastal waters, the department shall provide 
the Department of Envi ronmental Protection the-
opportunity 
to participate and to recommend materials to be submitted. 
B. 
An application submitted under this section must: 
(1) 
Be written on forms supplied by the commissioner; 
(2) 
Describe the location of the proposed lease area 
by coordinates or metes and bounds: 
(3) 
Identify the species to be cultivated; 
(4) 
Characterize the physical and ecological impact of 
the project on existing uses 
of the site and 
any 
adverse effects on the existing uses of the area, as 
defined by rules adopted by the commissione~ 
(5) 
Describe the degree of exclusive use reguired by 
the project: 
(6) 
Include written permission of every riparian owner 
whose land to the low-water mark will be actually used; 
(7) 
Include a map of the proposed lease area and its 
adjoining waters and shorelands, with the names 
and 
addresses 
of 
the 
known 
riparian 
owners 
under 
subparagraph (6) as listed in the municipal tax records; 
(8) 
Include an environmental evaluation of the site 
upon which the decision to seek a lease "ras made. The 
evaluation must include, but is not limited to, bottom 
characteristics, 
resident 
flora 
and 
fauna 
and 
hydrography of the site if appropriate for the proposed 
lease: 
(9) 
Describe the proposed source of the organisms to 
be grown at the site: and 
(10) 
Include 
a 
nonrefundable application fee of at 
least $100 but not more than $1. 000, the amount to be 
set by 
the 
commissioner 
depending 
on 
the 
proposed 
acreage, type of aguaculture proposed and complexity of 
the application. 
Sec. 7. 12 MRSA §6072, sub-§5, as amended by PL 1999, c . 591, 
§1, is further amended to read: 
5. 
Application review. The commissioner shall review the 
application 
and set 
a 
hearing date if the 
commissioner 
is 
satisfied that the written application is 
completeT 
and the 
application indicates that the lease could be granted aBe.--1;.ae 
applieaB~-ha6-~£~~~~~-~~~~~~~~it~-~-eaFFy-eQ~ 
~he--!H"-oposed--aet.iY'it.ies. When the commissioner has determined 
that the application is complete, the commissioner shall forward 
a copy of the completed application and notice of hearing to the 
known riparian owners within 1,000 feet of the proposed lease aBe. 
~e-~~-mQBieipaJit.y-~-ffiQ~ieipaJit.ie~--~&-~~~~F-~}aoent--~e 
whieh--~-~~-i~--pF9p9see.. 
A-~iG~~~1;.y-~--~-~FaB~ee. 
iB~e~veBe~-S~a~QS-QpeB-W~i~~eB-~e~QeS~T 
Sec. 8. 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 pessiB19-e"ee~s compliance 
of the lease eB-~~~~~1r-a&G-eeeJe~4eaJJy-~~~~-'le~a 
aBa--~aaaa-~-~-~iot~-~~~-t.~ae.4~ieBaJ--'isheFies with the 
decision criteria outlined in subsection 7-A. 
~his The review 
must 
consider 
the 
impact 
on 
commercially 
and 
ecologically 
significant 
flora 
and 
fauna 
and 
conflicts 
with 
traditional 
fisheries and take place any time between April 1st and November 
15th. This information must be provided to the intervenors and 
made available to the public 30 days before the hearing. 
As-pa~t 
e'-the-6~~~~~~-~~~~~~~~-~a&&1;.-ia~9Fma&i9a-'~em 
the-mQBi€ipaJ-£a~~-~~-~-~ignat~~F-&Faai1;.i9aal-ste~m 
aBehe~a~e6-~~~r~~~y-~e-~~~~-leaseT 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 pursuant to this subsection are major 
substantive rules pursuant to Title 5, chapter 375, subchapter 
±I-A 2-A. 
Sec. 9. 12 MRSA §6072, sub-§6, ~D, as enacted by PL 1999, c. 
591, §2, is repealed. 
Sec. 10. 12 MRS A §6072, sub-§7-B, as enacted by PL 1987, c. 
453, §1, is amended to read: 
1-B. 
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 
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 permitr. 
including, but not limited to, 
a national 
polhJt:.~ill-.di~J;;harge 
elimination permit required by the Federal Gove.cnmex;Lt,. 
t-<--lea",e 
maY--£~--~-~~veG--RRless--~£e--~~~---~a&--Feeeiveq 
eeF~ifiea~ieR--~FGffi-~~-~~~--~--ER¥J£eRmeR~a4--FEeteetieR 
~Ra~-~£e-~~~-wi±±-Re~-~i~1at~-~~-s£aR8a~as-~~~-~-tRe 
FeeeiviR~-wa~eFs-elassifiea~ieRT-~i~±e-68T-see~ieR-4e9-BT 
Sec. 11. 12 MRSA §6072, sub-§lO, as amended by PL 1987, c. 
453, §l, is repealed and the following enacted in its place: 
10. 
Notification 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 
and 
interested parties 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 
report to the municipality or municipalities in which or 
adjacent to which the lease is located. 
Sec. 12. 12 MRSA §6072, sub-§II, as amended by PL 1987, c. 
453, §l, is further amended to read: 
11. 
Monitoring 
and 
revocation 
of 
leases. 
The 
lease 
department shall ae-~~~e£--by--~~-aepa£~meR~ monitor a lease 
under this section on 
an 
annual 
basis. 
If 
sRas~aR~ia±±Y--Re 
FeseaFeR-~-~aaG~±~F&-RaS-~-eeaeae~ee-w~~£~£-~~-pFeeeaiR~ 
yeaFT--eF--if--i~ 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 e~ReF condition of the lease has been violated, 
the commissioner sRall may initiate revocation proceedings and 
may 
revoke 
the 
lease. 
A 
lease 
revocation 
sRall--ae 
is 
an 
adjudicatory proceeding under ~Re-~~~~~~i¥&-PFeeeaRFe 
Ae~T Title 5, chapter 375, subchapter ;tV .1. -A-
The department 
shall hold a hearing with public notice 
sRa±±-~-Rela prior to 
revoking any lease. 
Sec. 13. 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 may renew a lease provided 
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; 
When 
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. 
aquaculture 
hgs 
not 
been 
routinely 
or 
sub;;itantially 
conducted 
on 
a 
lease 
that 
is 
]2ro]2osed 
for 
renewal, 
the 
commissioner 
may 
renew the lease, 
provided that the proposed 
renewal will 
continue to 
meet 
the criteria for 
approval 
in 
section 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 mU;;it be held if it is 
requested in writing by 5 persons. 
Sec. 14. 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 watersL 
including 
the 
public 
lands 
beneath 
those 
waters 
and 
portions 
of 
the 
intertidal 
zoneL 
for 
commercial 
aquaculture 
research 
and 
development or for scientific research. 
Except as provided in 
this 
Part, 
the 
commi;;isioner's 
power 
to 
lease 
lands 
and 
to 
authorize placement of all structures within an aquaculture lease 
under this section is exclusive. 
The commissioner or the deputy 
commissioner acting on the commissioner's behalf mgy authorize in 
writing qualified profe;;i;;iional department stgff to issue a final 
decision gnd sign a 
legse document 
on an application for 
a 
limited purpose legse. 
A decision issued by depgrtment staff 
pursuant to this subsection is a final agency action with respect 
to that lease application. 
Sec. 15. 12 MRSA §6072-A, sub-§§S, 7 and 8, as amended by PL 
2001, c. 122, §l, are further amended to read: 
5. 
Notice of application. 
~he--appJ..,i€aBt; Upon determining 
that an application is complete, the commissioner shall provide 
notice 
of 
a 
limited-purpose 
lease 
application 
to 
owners 
of 
r ipar ian land wi thin 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 riparian 
landowners wi thin 1,000 feet of the proposed location of the 
lease. 
The riparian names and addresses must be taken from the 
current property tax roster on file at the local municipal office 
or 
with 
the 
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 
days 
of receipt of notice or within 
days 
of 
publication 
of 
a 
limited-purpose 
lease 
summary, 
to 
the 
commissioner comments on the proposed limited-purpose lease. 
7. 
Notice of public hearing. 
The 
appJ:ieaBt: 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 
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. 
8. 
Rules; general and lease application. 
The commissioner 
may adopt rules to implement the provisions of this section. 
Within 180 
days of the effective date of this section, 
the 
commissioner shall adopt rules regarding a limited-purpose lease 
application. 
The 
rules must 
require 
an applicant to, 
at 
a 
ml.nl.mum, 
meet the requirements of section 6072, 
subsection 2, 
paragraph E and subsection -4-
4-B, 
paFa~Fap:a&-AT-.g..,,--C...,--E-r-~r-G 
aBs-J paragraph B. 
The rules must also require an applicant to 
provide to the department proof of access to the lea.se area. 
If 
access will be across riparian land, the applicant shall provide 
to the department the written permission of every riparian owner 
whose land will be used to access the lease area. 
Sec. 16. 12 MRS A §6072-A, sub-§II, as enacted by PL 1997, c. 
231, §6, is repealed. 
Sec. 17. 12 MRSA §6072-A, sub-§l1-A is enacted to read: 
A. 
Municipal 
participation. 
Prior 
to 
filing 
an 
application with the department under this section, an applicant 
shall attend a preapplication meeting with representatives of the 
municipality in which the proposed lease is located to describe 
the proposed application. 
The department shall send a copy of the completed application to 
the governing board of the municipality as well as the harbor 
master, if such a position exists. 
The department shall provide a municipality with an opportunity 
to provide written 
comment prior to 
a 
public hearing under 
subsection 6 on a proposed application with respect to any of the 
decision criteria under this section, 
including designated or 
traditional 
storm 
anchorages 
and 
the 
type 
of 
mooring 
gear 
specified in the lease application. 
The municipality may submit 
an opinion supported by facts on whether a proposed lease is 
located within a channel desjsnated under the authority of Title 
38, section 2 and whether the proposed lease will unreasonably 
interfere with navigation. 
The department shall evaluate such a 
submission with regard to the approval criteria in subsection 13, 
paragraphs A, Band F. 
A municipality may recommend conditions on a proposed lease in 
writing to the department during the comment period under this 
subsection. 
The 
department 
shall 
consider 
any 
conditions 
re~ommended by the municipality, and the department shall provide 
a written explanation to the municipality at the time a draft 
decision is written if the condition is not imposed on a proposed 
lease. 
A municipality has intervenor status upon written request to the 
department. 
In a municipality with a shellfish conservation program under 
section 
6671, 
the 
commissioner 
may 
not 
lease 
areas 
in 
the 
intertidal zone within the municipality without the consent of 
the municipal officers. 
Once 
a 
lease is issued, 
a 
municipality may issue 
a 
mooring 
permit. 
The 
fee 
for 
a 
mooring permit is the 
same 
as 
that 
assigned for other commercial moorings within the municipality. 
A mooring permit may be issued on a plan basis for all moorin~ 
located within an aquaculture lease but may not be issued for 
each individual mooring block or anchor. 
Nothing 
in this 
section limits 
a 
municipality's ability to 
enforce the provisions of an issued mooring permit. 
Sec. 18. 12 MRSA §6072-A, sub-§17, as enacted by PL 1997, c. 
231, §6, is repealed: 
Sec. 19. 12 MRSA §6072-A, sub-§17-A is enacted to read: 
l1-A. 
Rotification of granted leases. 
After the granting 
of a limited-purpose lease: 
A. 
The department shall notify all riparian owners 
and 
interested parties and the municipality in which the lease 
is located that a lease uhas 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 1, 
section 402, 
subsection 3, 
paragr~h A. 
Upon 
written reguest. the commissioner shall provide! a copy of 
the public records in the report to the municipality or 
municipalities in which or adjacent to which the lease is 
located. 
Sec. 20. 12 MRSA §6072-A, sub-§21, as enacted by PL 1997, c. 
231, §6, is repealed. 
Sec. 21. 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 
aguaculture 
has 
been 
conducted 
in 
a 
manner 
substantially 
injurious to marine organisms, if no substantial aguaculture 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. 
Sec. 22. 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 Agr icul ture, the Attorney General and 
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 1, 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. 23. 12 MRSA §6078, as amended by PL 1999, c. 156, §4, is 
repealed. 
Sec. 24. 12 MRSA §6078-A is enacted to read: 
§6018-A. 
Aquaculture MOnitoring, Research and Development Fund 
1. Fund established. 
The Aguaculture 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 according to its source and credited to the fund. 
Any 
balance remaining in the fund at the end of a fiscial 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 aguaculture 
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 aguacultu.ral 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 
or 
6072-A 
for 
the 
production 
of 
finfish 
in 
net-pen 
aguacultural facilities. 
The commissioner may assess a late 
payment charge on an overdue payment computed at the annual 
interest rate established by the State T~sessor under 
Title 36, section 186. 
The commissioner may establish by 
rule any procedural reguirements 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 forfE!iture not to 
exceed $1,000 may be adjudged. 
The commissioner may develop an alternative production fee 
SChedule based on the amount of feed that is us~:!d at finfish 
facilities. 
Any alternative produ.ction 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-B, 
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 
Page ll-LR1908(1) 
violation for which a forfeiture not to exceed $1,000 may be 
adjudged. 
C. 
The commissioner may develop 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. 
A fee 
received pursuant to 
this 
section must 
be 
accounted 
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 Advisory Council may determine the total 
fund balance and proportional expenditures attributable to each 
revenue source. 
3. 
Expenditures; 
purpose. 
The 
commissioner 
may 
make 
expenditures 
from 
the 
fund 
to 
develop 
effective 
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 developing 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 
services 
privately 
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 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. 
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 
established under Title 5, section 12004-1, subsection 57-C when 
determining expenditures under this subsection. 
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 on all work accomplished and p)anned. 
The joint standing 
committee may introduce and report out legislation it determines 
necessary to modify the provisions of this section. 
6. 
Rules. 
The commissioner may adopt rules pursuant to 
this 
section 
only 
after 
consultation 
with 
the 
aguaculture 
industry that clearly establishes the recommended framework for 
lease rents, application fees and production fees as well as the 
related personnel or contracting costs funded by the' recommended 
fee 
increases. 
Rules 
adopted pursuant to this paragraph are 
routine technical rules as defined in Title 5, 
chapter 
375, 
subchapter 2-A. 
Sec. 25. 12 MRSA §6080, as amended by PL 1999, c. 156, §5, is 
further amended to read: 
§6080. 
Aquaculture Advisory Council 
1. 
Appointment; composition. 
The Maiae-SaJ.meF.l 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- 5. members. 
The commissioner or the commissioner's 
designee is a nonvoting, ex officio member of the council. 
The 
commissioner shall appoint 
~ .i members from the St.ate' s 
salmeB 
aquaculture industry. 
No more than 2 of the appoi.nted members 
may represent similar segments of the State's salmen 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 SalmeJ'l. Aquaculture 
Monitoring, 
Research 
and 
Development 
Fund 
for 
the 
purposes 
described under section 9918 6078-A, subsections 4 2 and 1 ~. 
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. 
Meetings. 
The council shall meet at least once each 
year. 
It may also meet at other times at the call of the chai.r 
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. 26. Transfers from existing accounts. 
The 
d~~partment 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 this section. 
SUMMARY 
This bill makes changes to several sections of the marine 
resources laws that regulate the leasing and monitoring of public 
waters for aquaculture. 
These changes affect the issuance of 
standard and limited-purpose aquaculture leases. 
1. 
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 standard 
aquaculture lease. 
Language is also proposed to allow qualified 
staff 
to 
sign 
lease 
documents 
following 
the 
approval 
of 
a 
standard lease by the commissioner. 
2. 
It repeals a provision on municipal approval and enacts 
new language concerning municipal participation in the standard 
aquaculture lease process. 
3. 
It creates 
a 
new section that outlines the role of 
municipalities in the review and issuance of standard aquaculture 
leases, including preapplication meetings, submission of comments 
to the Department of Marine Resources on all decision criteria 
and establishing conditions on leases. 
This new section contains 
provisions 
already 
located 
in 
other 
relevant 
laws 
that 
are 
included here for clarity as well as new provisions that expand 
the scope of municipal participation in the leasing of state 
waters. 
This section also clarifies that the issuance of 
a 
mooring 
permit 
by 
a 
municipality 
is 
not 
preempted 
by 
the 
Commissioner of Marine Resources' exclusive authority to grant 
aquaculture leases. 
4. 
It creates a requirement for a preapplication meeting to 
be held with the Department of Marine Resources 
to guide an 
applicant in preparing an application for a standard lease. 
5. 
It removes language requiring the Department of Marine 
Resources to determine financial and technical capacity prior to 
conducting a public hearing on a standard lease application so 
that public comment can be received on this approval criterion. 
It also deletes language on municipal involvement that has been 
moved to the Maine Revised Statutes, Title 12, 
section 6072, 
subsection 3-A. 
6. 
It changes language to expand the factors considered by 
the Department of Marine Resources in the site review of proposed 
standard aquaculture leases to conform with current practice. 
7. 
It repeals 
a 
requirement that the applicant for 
a 
standard aquaculture lease publish notice of public hearing for 
the lease in the newspaper. 
8. 
It 
deletes 
language 
regarding 
Department 
of 
Environmental Protection certification of water quality and lists 
the current requirement for a discharge permit to be obtained for 
affected lease applications. 
9. 
It changes 
language 
on 
the notification. of granted 
leases to remove a requirement on public notice in a local paper 
and adds a requirement that the Department of Marine Resources 
notify 
riparian 
landowners, 
the 
municipality 
and 
interested 
parties that a lease has been granted. 
10. 
It 
amends 
language 
on 
the 
revocation 
of 
standard 
aquaculture leases to allow the Commissioner of Marine Resources 
discretion in when to initiate revocation proceedings. 
11. 
It 
repeals current language on the renewal of standard 
leases. 
12. 
It enacts 
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, subsection 6072, subsection 7-A. 
13. 
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 
limi ted-purpose aquaculture lease. 
Language is also proposed to 
allow qualified professional staff to sign decision documents and 
leases. 
14. 
It changes language to require the Department of Marine 
Resources 
to 
notify 
riparian 
landowners 
when 
a 
complete 
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. 
15. 
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. 
16. 
It repeals a provision on municipal approval 
new 
language 
concerning 
municipal 
participation 
limited-purpose aquaculture lease process. 
and enacts 
in 
the 
17. 
It 
creates a new section that outlines the role of 
municipalities in the 
review and issuance of 
limited-purpose 
aquaculture leases, including preapplication meetings, submission 
of comments to the Department of Marine Resources on all decision 
criteria and establishing conditions on leases. 
This new section 
contains provisions already located in other relevant laws that 
are included here for clarity as well as new provisions that 
expand the scope of municipal participation in the leasing of 
state waters. 
This section also clarifies that the issuance of a 
mooring 
permit 
by 
a 
municipality 
is 
not 
preempted 
by 
the 
Commissioner of Marine Resources' exclusive authority to grant 
aquaculture leases. 
18. 
It changes 
language 
on notification concerning the 
issuance of limited-purpose aquaculture leases are notified. 
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, 
interested persons and the municipality is added. 
19. 
It 
repeals 
the 
existing 
language 
on 
moni tor ing 
limited-purpose aquaculture leases. 
20. 
It 
amends 
the 
limited-purpose aquaculture 
Resources discretion in when 
existing 
language 
on 
monitoring 
to allow the Commissioner of Marine 
to initiate revocation proceedings. 
21. 
It adds the United States Department of Agriculture to 
the list of federal agencies permitted to use confidential data 
submitted by lease holders at the direction of the Commissioner 
of Marine Resources. 
22. 
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. 
23. 
It 
renames 
the 
Maine 
Salmon 
Aquaculture 
Advisory 
Council 
the 
Aquaculture 
Advisory 
Council 
and 
alters 
its 
membership to include members 
from both shellfish and finfish 
aquaculture. 
Page l6-LR1908(1)