An Act To Amend the Laws Governing Aquaculture
Maine Legislature, Session 122, LD 0836
Committee: Marine Resources
Sponsors: KAELIN, MERRILL, TRAHAN
Amends: 12 MRSA §6053, 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6072-C, 12 MRSA §6078-A, 12 MRSA §6080

Legislative Document 
No. 836 
H.P.595 
House of Representatives, February 16,2005 
An Act To Amend the Laws Governing Aquaculture 
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 KAELIN of Winterport. 
17/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: MERRILL of Appleton, TRAHAN of Waldoboro. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6053 is enacted to read: 
§6053. 
General penalty 
A violation of any 
.ru:ov~s~on of this chapter is a civil 
violation, unless another penalty has been expressly providedo_ 
Sec.2. 12 MRSA §6072, sub-§12-B is enacted to read: 
l2-B. 
Extension of lease. 
If a person who holds a lease 
pursuant to this sect jon submits a completed renewal application 
pursuant 
to 
subsection 
for 
that 
lease 
area 
before 
the 
expiration of that leg,se, the lease relJlains in effect until the 
commissioner makes a decision pursuant to subsection 12. 
Sec.3. 12 MRSA §6072, sub-§17 is enacted to read: 
11. 
Restitution. 
A person who cuts any lines or marker 
buoys or intentiong,lly damages approved aquaculture gear commits 
a civil violg,tion for which a fine of not less than $100 for each 
violation may be adjudged. 
In addition, the court shall: 
A. 
Order that per~9n to pay to the owner of the approved 
aquaculture gear that was cut or damaged an amount equal to 
twice the replacement value of the gear that was damaged or 
lost as a result of the cutting or damaging action: and 
B. 
Direct that person to provide the commissioner, 
upon 
making full payments as ordered by the court, proof of that 
payment. 
Sec. 4. 12 MRSA §6072-A, sub-§23 is enacted to read: 
23. 
Restitution. 
A person who cuts any lines or marker 
buoys or intentionally damages approved aquaculture gear commits 
a civil violation for which a fine of not less than $100 for each 
violation mg,y be adjudged. 
In addition, the court shall: 
A. 
Order that person to pay to the owner of the approved 
aquaculture gear that was cut or damaged an amount equal to 
twice the replacement value of the gear that was damaged or 
lost as a result of the cutting or damg,ging action: and 
B. 
Direct that person to provide the commissioner, 
upon 
making full payments as ordered by the court, proof of that 
payment. 
Page l-LR0626(1) 
Sec. 5. 12 MRSA §6072-C. sub-§9, as enacted by PL 2001, c. 
421, Pt. B, §12 and affected by Pt. C, §1, is amended to read: 
9. 
Violation; 
restitution. 
A person who 
violates this 
section commits a civil violation for which a 
EeFEei~aFe fine of 
not less than $100 
ReF-~r-e---t.-han--$9gg may be adjudged. 
If a 
person violates subsection 7 by cutting any lines or marker buoys 
or intentionally damaging approved aquaculture gear, the court 
shall also: 
A. 
Order that person to pay to the owner of the approved 
aquaculture gear that was cut or damaged an amount equal to 
twice the replacement value of the gear that was damaged or 
lost as a result of the cutting or damaging action; and 
B. 
Direct that person to provide the commissioner, 
upon 
making full payment as ordered by the court, proof of that 
payment. 
Sec. 6. 12 MRS A §6073-A, as amended by PL 1999, c. 575, § 1, 
is further amended to read: 
§6013-A. 
Season and minimum size exemption; aquaculture 
The holder of a lease issued under section 6072, 6072-A eF L 
6072-B or 6072-C is exempt from any requirement regarding the 
time of taking or possessing, minimum or maximum length or other 
minimum 
or 
maximum 
size 
requirement 
for 
any marine 
organism 
cultivated on the leased area. 
The exemption applies only to 
those organisms actually cultivated on the leased area. 
The 
commissioner 
shall 
require 
a 
system 
of 
identification 
of 
organisms exempted under this section. 
Sec. 7. 12 MRSA §6078-A, sub-§2, . as amended by PL 2003, c. 
660, Pt. A, §§19 and 20, is repealed. 
Sec. 8. 12 MRSA §6078-A, sub-§4, as enacted by PL 2003, c. 
247, §19, is repealed. 
Sec. 9. 12 MRSA §6080. sub-§3. as amended by PL 2003, c. 247, 
§20, is further amended to read: 
3. 
Purpose. 
The council shall make recommendations to the 
commissioner 
concerning 
expenditures 
from 
the 
Aquaculture 
MeRi~eFiR~7--ReseaFeR--aRa--gevele~meR~ Management 
Fund 
for 
the 
purposes described under section 
eQ+g-AT--&~&~~~&&--~-~£4--4 
6072-D 
and for other matters of interest to the 
aguacultur~ 
industry. 
SUMMARY 
This bill amends the aquaculture leasing statutes by: 
1. 
Eliminating the authority of the Commissioner of Marine 
Resources to establish by rule a fee schedule for the production 
of shellfish on a lease site; 
2. 
Allowing a lease to continue beyond its expiration date 
until the commissioner makes a decision if a renewal application 
has been submitted; 
3. 
Adding 
an 
individual 
who 
holds 
a 
limited-purpose 
aquaculture license to the list of individuals who are exempt 
from time of taking or possessing and minimum or maximum size 
requirements for organisms cultivated on the individuals' lease 
areas; 
4. 
Amending the purpose of the Aquaculture Advisory Council 
to 
make 
recommendations 
on expenditures 
from 
the Aquaculture 
Management Fund, 
as. well as other matters of interest to the 
aquaculture industry; 
5. 
Making violation of the Maine Revised Statutes, Title 
12, 
chapter 
605, 
which 
includes 
laws 
governing 
general 
activities, leases and special licenses, inspection and quality 
control, surimi or surimi products, 
fishways and miscellaneous 
activities, a civil violation, unless another penalty is provided; 
6. 
Eliminating the upper limit of a $500 fine on the civil 
violation for intentionally damaging approved aquaculture gear on 
a limited-purpose license; and 
7. 
Adding the same restitution provisions for intentionally 
damaging 
approved 
aquaculture 
gear 
on 
standard 
leases 
and 
limited-purpose leases 
as 
currently exist for 
limited-purpose 
aquaculture licenses.