An Act To
Maine Legislature, Session 122, LD 2049
Committee Amendment CA_A_H880 (House)
Amends: 12 MRSA §6072

COMMITTEE AMENDMENT ,;4, to H.P. 1443, L.D. 2049, Bill, "An Act To 
Amend the Laws Regarding Aquaculture Leases" 
Amend the bill by striking out everything after the title and before the summary and 
inserting in its place the following: 
l3 
'Emergency preamble. Whereas, acts of the Legislature do not become effective 
1.4 
'until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the aquaculture industry in Maine has been going through a period of 
consolidation and contraction; and 
. 
Whereas, the current fallowing requirements for aquaculture facilities are causing 
unnecessary financial hardship for the aquaculture industry; and 
Whereas, this Act must take effect immediately to provide aquaculture facilities 
with enough time to respond to the changes in the fallowing laws this year; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6072, sub-§2, ~, as amended by PL 2003, c. 660, Pt. A, §3, 
is further amended to read: 
E. 
Except as provided in subsection l3-A, the lease does not result in a person 
being a tenant of any kind in leases covering an aggregate of more than JOO 500 
acres; and 
Sec. 2. 12 MRSA §6072, sub-§12, ~, as amended by PL 2003, c. 660, Pt. A, 
§8, is further amended to read: 
COMMITTEE AMENDMENT 
\\4" 
COMMITTEE AMENDMENT "A' to H.P. 1443, L.D. 2049 
D. 
Except as provided in subsection 13-A, the renewal will not cause the lessee to 
become a tenant of any kind in leases covering an aggregate of more than m 
acres; and 
Sec. 3. 12 MRSA §6072, sub-§12-A, ~, as amended by PL 2003, c. 660, Pt. A, 
§9, is further amended to read: 
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) 
Except as provided in subsection 13-A, the transfer will not cause the 
transferee to be a tenant of any kind in leases covering an aggregate of more than 
m500acres. 
Sec.4. 12 MRSA §6072, sub-§13-A, as enacted by PL 2003, c. 660, Pt. A, §14, 
is repealed and the following enacted in its place: 
13-A. Lease acreage increase; fallowing. The commissioner may require a person 
to submit an annual fallowing plan and a reassessment schedule for that plan to the 
commissioner that identifies lease sites that have been actively operated during the lease 
period and that will be fallowed. 
The commissioner shall review the plan and 
reassessment schedule and may approve them. reject them or request changes. Revisions 
to the plan must be submitted in accordance with the reassessment schedule unless the 
commissioner authorizes an exception due to extraordinary circumstances. 
A. Except as provided in paragraph B. a person may not be a tenant of any kind in 
leases covering an aggregate of more than 500 acres including fallowed leases at any 
time. 
B. The commissioner may by rule authorize leases in excess of the 500-acre limit if 
the commissioner determines that the increase is beneficial for the management of 
aquaculture and is environmentally and economically appropriate. The commissioner 
may not authorize a person to be a tenant of any kind in leases covering an aggregate 
of more than 1.500 acres. Rules adopted pursuant to this paragraph are routine 
technical rules as defined in Title 5. chapter 375. subchapter 2-A. 
For purposes of this subsection. "fallow" means a lease site without cultured organisms. 
A lease site fallowed pursuant to an enforcement action may not be considered fallowed 
for the purpose of this subsection. 
Emergency clause. ill view of the emergency cited in the preamble, this Act takes 
effect when approved. ' 
SUMMARY 
This amendment replaces the bill and does the following. 
1. It increases the number of acres that can be actively used for aquaculture from an 
aggregate of 300 acres to an aggregate of 500 acres. 
COMMITTEE AMENDMENT 
.. "s. 
I 
COMMITTEE AMENDMENT "A, to H.P. 1443, L.D. 2049 
2. It authorizes the Commissioner of Marine Resources to extend the 500-acre limit 
by rule but limits the total acreage to 1,500 acres per person. 
3. It deletes the 12-month minimum fallowing time so that fallows may be of any 
duration. 
4. It gives the Commissioner of Marine Resources the discretion to require a person 
in aquaculture to submit a fallowing plan and reassessment schedule. Under current law a 
person may be authorized to have up to 500 acres in aquaculture as long as at least 200 
acres are fallowed and that person submits a fallowing plan to the Commissioner of 
Marine Resources. 
5. It amends the definition of "fallow" to allow gear at the lease site. 
6. 
It adds an emergency preamble and emergency clause to the bill, making it 
effective upon approval. 
FISCAL ~OlE REQlilRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Revenue 
General Fund 
Approved: 03120106 ~ae 
LD 2049 
LR 3189(02) 
An Act to Amend the Laws Regarding Aquaculture Leases 
Fiscal Note for Bill as Amended by Committee Amendment ,A" 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Future biennium revenue increase - General Fund 
Future biennium revenue increase - Other Special Revenue Funds 
2005-06 
2006-07 
Projections 
2007-08 
$0 
($2,000) 
$0 
Projections 
2008-09 
Other Special Revenue Funds 
$0 
$0 
$2,000 
$3,000 
$0 
$0 
$0 
$0 
Fiscal Detail and Notes 
Certain changes in the laws governing aquaculture leases will result in a one-time increase in application fee revenue 
collected by the Department of Marine Resources. The department estimates that $2,000 in additional General Fund 
revenue and $3,000 in Other Special Revenue Funds revenue will be collected in fiscal year 2006-07. In addition, it is 
likely that the department will collect additional revenue for both fund sources in the 2008-2009 biennium from lease 
fees emanating from any of the applications that may be approved. The amounts will depend on the number of 
approved leases and the amount ofleased acreage and can not be determined at this time. 
LR3189(2) - Fiscal Note - Page 1 of 1