An Act To Amend the Aquaculture Laws
Maine Legislature, Session 124, LD 1398
Committee: Marine Resources
Sponsors: EATON
Amends: 12 MRSA §6072, 12 MRSA §6072-C, 12 MRSA §60, 12 MRSA §6073-D, 12 MRSA §6079, 12 MRSA §6083, 12 MRSA §6085, 12 MRSA §6086, 12 MRSA §6306, 12 MRSA §6673

Legislative Document 
No. 1398 
H.P.977 
House of Representatives, April 2, 2009 
An Act To Amend the Aquaculture Laws 
Submitted by the Department of Marine Resources pursuant to Joint Ruh~ 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative EATON of Sullivan. 
Prilll~J tlll rl!l.:~'cIt:J paper 
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/J1.7J[t2C:1~{ . 
MILLICENT M.lVfucF ARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6072, sub-§l1-A is enacted to read: 
ll-A. Lease assignment. The commissioner shall assign leases in accordance with 
this subsection. 
A. When. a lease under this section has been terminated by the lessee or has been 
revoked by the commissioner and all appeals have been exhausted, the commissioner 
may lease the same site on the same terms and conditions to a new lessee for the 
amount of time remaining in the term of the previous lease, subject to the 
requirements of this section. A lease that has been terminated or revoked may be 
assigned pursuant to this subsection at any time before its term expires. A lease 
assignment pursuant to this subsection is not an adjudicatory proceeding. 
B. Before assigning a lease pursuant to this subsection, the commissioner shall give 
notice to the public of the 0ppol1unity to submit proposals to assume and operate the 
lease. The commissioner shall determine that a proposal is eligible for consideration 
if: 
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(1) The application is complete, using forms provided·by the commissioner; 
(2) The change in lessee would not violate any of the standards in subsection 
7.:A; 
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(3) The assignment is not intended to circumvent the intent of subsection 8; 
(4) The assignment is not for speculative purposes; and 
(5) Except as provided in subsection 13-A, the assignment will not cause the 
assignee to be a tenant of any kind in leases covering an aggregate of more than 
acres. 
C. The 'commissioner shall consider the eligible proposals under paragraph Band 
shall either: 
(1) Select for assignment the proposal that is best suited to the lease site and in 
the best interests of the State; 
(2) Declare all proposals unsuitable and solicit new proposals; or 
(3) Suspend the assignment process for the lease site in question. 
D. 
After a proposal is selected pursuant to paragraph C, but before the lease is 
assigned, the commissioner shall give notice of the pending assignment to the public, 
the owners of riparian land within 1,000 feet of the lease site and the municipal 
officers of the municipality within which the lease is located. 
The notice must 
provide an opportunity to submit written comments on the proposed lease assignment 
within 14 days. The commissioner may decline to assign the lease and may select 
another proposal for assignment or proceed as described in paragraphC, 
subparagraph (2) or (3). 
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E. A decision by the commissioner to assign a iease or to decline to assign a lease to 
an applicant whose proposal was selected pursuant to paragraph C must be rendered 
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in writing and must include findings offact and conclusions of law. The decision by 
the commissioner to assign or not to assign a lease is a final decision. 
F. The commissioner shall establish by rule the fee for assigning a lease under this 
subsection, which may not exceed $5,000,' based on the type of aquaculture 
conducted and the size of the lease. The assignee must pay the fee prior to the 
execution of the lease. Rules adopted pursuant to this paragraph are routine technical 
rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 2. 12 MRSA §6072, sub-§12-A, as amended by PL 2005, c~ 535, §3, IS 
further amended to read: 
12-A. Transferability. A lease under this section may be transferred to another 
person for the remaining portion of its term subject to the follo.,.ving conditions in this 
subsection. A lease transfer is not an adjudicatory proceeding. 
A., Lease transfers shaH be subject to the same procedurai requirements as initiai 
applications, except that a public hearing is not mandatory unless requested in \vritiilg , 
, by 5 persons. An application to transfer a lease pursuant to this subsection must be 
made on forms provided by the commissioner. When the commissioner determines 
that the application is complete, the commissioner shall 'give notice of the proposed 
transfer to the public, the owners of riparian land within 1,000 feet of the lease site 
and the municipal officers of the municipality within which the lease is located. The' 
notice must provide an opportunity to submit written comments on the proposed lease 
transfer within 14 days. 
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B. The commissioner may grant lease transfers pursuant to this subsection if the 
commissioner detennines that: 
(1) The change.in lessee does not violate any of the standards in subsection 7; 
(2) The transfer is not intended to circumventthe 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 a~y kind in leases covering an aggregate of more than 
acres. 
A decision by the commissioner on' an application to transfer a lease must be 
rendered in writing and must include findin'gs bf fact and conclusions of law. Th~ 
decision by the commissioner on the transfer application is a final decision. 
C. A lease transfer application must include a nonrefundable application fee of not 
more than $5,000, the amount to be set by the commissioner depending on the type of 
aquaculture permitted by the lease. The commissioner shall establish by rule the fee 
for transferring a lease under this subsection, which may not exceed $5,000, based on 
the type of aquaculture conducted and the size of the lease. The transferee must pay 
the fee prior to the execution of the lease. Rules adopted' pursuant to this paragraph 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. 12 MRSA §6072, sub-§13, ~~ as amended by PL 1987, c. 453, §1, is 
further amended to read: 
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B. For procedures to issue, transfer, review, assign or revoke leases; 
Sec. 4. l:i MRS A §6072-A, sub-§4, as enacted by PL 1997, c. 231, §6, is 
amended to read: 
4. Size limitation. A limited-purpose lease may not be issued for an area in excess 
of;!. 1 acres. 
Sec. 5. 12 MRSA §6072-C, suh .. §2, as amended by PL2003, c. 247, §16, is 
further amended to read: 
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2. Licensed activities; criteria. The holder of a limited-purpose aquaculture license 
may utilize approved aquaculture gear in a site in the coastal waters of the State below the 
mean 10\',' water mark to engage in certain aquaculture activities that meet the criteria 
established in this subsection and in rules adopted by the commissioner. The license also 
authorizes unlicensed ind'ividuals to assist the license holder in the licensed activities with 
the written permission of the license holder. The commissioner, or qualified professional 
department staff designated in writing by the commissioner, may issue a limited-purpose 
aquaculture license for certain aquaculture activities if the follovi'ing criteria are met: 
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A. The proposed activity generates no discharge into coastal waters; 
B. The applicant proposes to utilize aquaculture gear and markings approved by the 
commissioner in rules adopted pursuant to subsection 8; 
C. The gear, excluding mooring equipment, does not cover more than 400 square 
feet of area and the gear does not present an unreasonable impediment to safe 
navigation; 
D. The proposed activity does not unreasonably interfere with the ingress and egress 
of riparian owners; 
E. The proposed activity does not unreasonably interfere with fishing or other uses of 
the area, taking into consideration the number and density of aquaculture leases and 
licensed aquaculture activities in that area; aRt!-
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F. The applicant holds no more than 3 other limited-purpose aquaculture licenses 
issued under this section~; and 
G: 
The consent of the riparian landowner. is obtained if the proposed activity is 
located above the mean low~water mark. 
Sec. 6.··12 MRS A §6072-C, sub':'§3, as amended by PL 2007, c. 212, §2, is 
further amended to read: 
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3. Eligibility. A limited-purpose aquaculture license may be issued only to an 
individual or to a municipal shellfish management committee established pursuant to 
section 6671 and is a resident license. 
Sec. 7. 
MRSA §60n-C, sub-§6, as enacted by PL 1999, c. 567, §2,is 
amended to read: 
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6. Fee. The application fee for a resident limited-purpose aquaculture license is $50 
and $300 for a nonresident limited-purpose aquaculture license. The application fee is 
nonrefundable. 
All fees collected under this subsection must be deposited in the 
Aquaculture Research Fund established in section 6081. 
Sec. 8. 12 MRSA §6073-D is enacted to read: 
§6073-D. Season and size exemption 
A person who is in possession of a marine organism raised by means of aquaculture 
and lawfully obtained under the laws of the State is exempt from any requirement 
regarding the time of taking or possessing, minimum or maximum length or other 
minimum or maximum size requirement, except that this section does not apply to the 
requirements for lobsters, sturgeon and' striped bass. 
This exemption applies to 
aquaculture products that do not meet the legal size 01' season requirements for wild-
caught.marine organisms of the same species. 
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The person possessing the marine organism must maintain sufficient doclimentation 
to prove the aquacultural origin of the marine organism, including, but not limited to, 
documents indicating the point of origin, quantity and dates' of production or purchase of 
all cultured marine organisms exempted by this section, and the holder must present the 
documentation for inspection to department personnel upon request. 
A consumer in 
possession of such a marine organism may present a valid sales receipt to satisfY this 
requirement It is prima fade evidence of possession of a marine organism in violation of 
the law if the person possessing the marine organism cannot present sufficient evidence 
to prove its aquacultural origin. 
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This section does not exempt the possessor of the marine organ ism from any 
requirement to hold a lease or license pursuant to section 6072, 6072-A, 6072-8, 6072-C 
or 6085 to engage in the culture of marine organisms. 
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Sec. 9. 12 MRSA §6079, as amended by PL 1997, c. 231, §7, is repealed. 
Sec. 10. 12 MRSA §6083 is enacted to read: 
§6083. Lease option 
1. Lease option. A person may apply for a lease option that conveys the right to file 
an application for an aquaculture lease under section 6072, 6072~A or 6072-8 for a 
particular area of the submerged lands of the State and for a defined period of time. The 
department may not accept an application for an aquaculture lease pursuant to section 
6072, 6072-A or 6072-8 01' an application for a limited-purpose aquaculture license 
pursuant to section 6072-C in an area that is under a lease option, except as described in 
subsection 2. 
2. Other claims of preference. A lease option under this section does not supersede' 
the provisions for application preference in section 6072, subsection 8 and section 
6072-A, subsection 12. Competing aquaculture lease applications fl'om persons claiming 
. preference under section 6072, subsection 8 or section 6072-A,' subsection 12 must be 
evaluated by the department to determine if the claim of preference is valid ana, if it is 
found to be valid, the holder of the' lease option may cancel the lease option and receive a 
fee refund prorated for the remainder of the term of the lease option. 
3. Issuance criteria. The applicant for a lease option under this section must 
demonstrate that the site is being assessed in good faith for its suitability for aquaculture 
and that there is a reasonable likelihood that an ai:mlication for an aquaculture lease will 
be filed during the term of the lease option. The area proposed for lease option may not 
contain an existing aquaculture lease ·or license or include an area that is part of an 
aquaculture lease or license application under consideration by the department. 
4. Fee. The' fee for issuance of a lease option under th is section may be up to $500 
for the first acre plus lip to $50 for each additional acre, the amount to be established in 
rules adopted by the commissioner: Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
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Sec. 11. 12 M~.sA §6084 is enacted to read: 
§6084. Nonpayment of aquaculture lease fees 
If a holder of an aquaculture lease or license under this subchapter fails to pay any 
related fees or charges, the commissioner may refuse to. renew or issue any marine 
resources license or permit to the holder of the aquaculture lease or license. 
Sec. 12. 12 MRSA §6085 is enacted to read: 
§608S. Marine organism aquaculture license 
1. License required. The commissioner may require a license for aquaculture of 
marine organisms infacilities that are not located in the coastal waters of the State but are 
located in the State. . 
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2. Licensed activities. The holder of a license under this section may possess 
marine organisms the holder has raised by means of aquaculture. The holder of such a 
. license 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 the holder has raised by means of aquaculture. 
3. Permit denial. The commissioner may refuse to issue a license under this section 
if the commissioner finds that the aquaculture activitY presents .an unreasonable risk to 
indigenous marine life or its environment. In detennining whether or not to refuse to 
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issue a license, the commissioner shall consider factors, including, but not limited to: 
A. 
Risk of accidental or intentional introduction of marine organisms or marine 
organism products intb the coastal ~aters of the State; 
B. Risk of the introduction or spread of disease within the State; and 
C. Interference with the enforcement of possession, size or season limits for wild 
. marine organisms. 
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4. Monitoring and revocation. The commissioner shall monitor licensed facilities 
under this section on an annual· basis. 
If the commissioner determines following an 
annual review or at any other time that the licensed aq'uaculture activity presents an 
unreasonable risk to indigenous marine life or its environment, the commissioner may 
revoke the license after the licensee has been given an opportunity for a hearing before 
the department. 
5. Reporting. The commissioner may require the holder of a license under this 
section to file periodic reports regarding the aquaculture practices and production of the 
facility. Information obtained pursuant to this provision is considered fisheries statistics 
for the purposes of section 6173, except that infOlmation about marine organism health 
reported pursuant to section 6071 may not be considered fisheries statistics. 
,6. Fee. The commissioner may charge a fee for a license under this section not to 
exceed $1,000, the amount to be established in rules adopted by the commissioner 
depending on the type and amount of aquaculture. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 3 75, subchapter.2~A. 
Sec. 13. 12 MRSA §6086 is enacted to read: 
§6086. Abandoned aquaculture equipment and stock 
1. Definitions. As used in this seCtion, unless' the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Abandoned aquaculture equipment" or "equipment" means any' equipment 
associated with the operation of an aquaculture lease or license pursuant to section 
6072, 6072-A, 6072-B or 6072-C that has been left by the aquaculture lease or 
license holder in coastal waters' without intention of removal. 
"Abandoned 
aquaculture equipment" includes, but is not limited to, rafts, pens, barges, skiffs, nets, 
lines, mooring systems, cages, trays, racks, upwellers and other equipment used in the 
operation of an aquaculture site. 
B. 
"Abandoned aquaculture stock" or "stock" means cultured marine organisms, 
including, but not limited to, fish, shellfish, sea urchins and algae, that have been left 
by the owner in coastal waters without intention of removal. 
2. Eligibility. Abandoned aquaculture equipment or abandoned aquaculture stock is 
subject to removal under th.issection only if: 
A, The aquaculture lease or license holder has indicated in writing to the department 
that the holder wishes to terminate the aquaculture lease or license with which the 
abandoned equipment or stock is associated; the department has revoked the lease 
pursuant to section 6072, subsection 11 or section 6072-A, subsection 22; or the term 
of the lease or license has expired; 
B. The equipment or stock remains in the area of the lease or license site and the 
equipment or stock is not legally permitted to remain by another authority, such as a 
municipal mooring permit; and 
C. The aquaculture lease or license holder has not entered into an agreement with the 
department to accomplish timely removal 6fthe equipment or stock .. 
3. Responsibility of the department. The department's duties with respect to 
abandoned aquaculture equipment and abandoned aquaculture stock are as set out in .this 
subsection .. 
A. The department shall investigate reports of abandoned aquaculture equipment or 
abandoned aquaculture stock and review terminated, expired or revoked aquaculture 
leases and licenses to determine if there is abandoned aquaculture equipment or 
abandoned aquaculture stock and give notice to the aquaculture lease or license 
holder. The department shall also give notice to any person who has declared to the· 
department, in writing, a property interest in the equipment or stock and to any 
person the lease or license holder has, in writing, identified as having a propetty 
interest in the equipment or stock: The notice must require the lease or license holder 
and anyone with a property interest to respond within 15 days and to remove the 
equipment or stock from the coastal waters within 60 days of notification. by the 
department or, if the equipment or stock is icebound, within 60 days of ice-out in the 
body of water where the equipment or stock is located. If the persons to whom the 
. department has given notice cannot be contacted or do not respond to the notice and 
remove the equipment or stock within the time period specified, the department may 
initiate removal of the equipment or stock. 
B. 
The department may authorize a 3rd party to remove abandoned aquaculture 
equipment or abandoned aquaculture stock if the department is satisfied that the work 
will be completed. 
C. Notwithstanding the time periods for removal by a lease or license holder or 
person with a property interest specified in paragraph A, if the department determines 
. at any time that abandoried aquaculture equipment or abandoned aquaculture stock is 
a human health or safety hazard or is an immediate threat to the marine environment, 
the department may immediately remove the equipment or stock from the coastal 
waters. 
D. 
If the department removes abandoned aquaculture equipment or abandoned 
aquaculture stock from coastal waters under this subsection, the department may sell 
the equipment or stock. Any proceeds from the sale must first be applied to the costs 
to the State directly related t6 the expense of removal of the equipment or stock. Any 
money that remains may be applied to any liens against the equipment or stock. 
Money that finally remains must accrue to the Aquaculture Mahagement Fund 
established under section 6072-D. 
E. Abandoned aquaculture equipment or abandoned aquaculture stock located on 
intetiidal land may not be removed by the department without the permission of the 
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landowner unless the department determines that the equipment or stock is a human 
health or safety hazard or is an immediate threat to the marine environment. 
F. The department may adopt rules governing abandoned aquaculture equipment and 
abandoned aquaculture stock, including, but not limited to, rules requiring the 
. disclosure of property interests in abandoned aquaculture equipment and abandoned 
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aquaculture stock. Rules adopted under this paragraph are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
4. 
Civil action. 
If the State is not compensated for removal costs under the 
provisions of subsection 3, the StateshaIl first attempt to recover the removal costs by 
claiming these expenses against any bond the aquaculture lease or license holder held 
during. the term of the aquaculture lease or license. If the department is unsuccessful in 
recovering the removal costs in that manner, the State may bring a civil action against the 
owner of the equipment or stock to cover any cost of removal of the equipment or stock 
from coastal waters. The court in its discretion may award an additional 50% of the cost 
of removaL The penalty' is payable to the Aquaculture Management Fund established 
under section 6072-D. 
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Sec. 14. 12 MRSA §6306, as amended by PL 1989, c. 348, §4, is further amended 
to read: 
§6306. Consent to inspection; violation 
1. Consent to inspection. Any person who signs an application for a license or 
aquaculture lease or receives a license or aquaculture lease under this Part has a duty to 
submit to inspection and search for violations.related t9 the licensed activities by a marine 
patrol officer under the foIl owing conditions. 
A. . Watercraft or vehicles and the equipment located on watercraft or vehicles wffi.sI:l 
are used primarily in a trade or business requiring a license or aquaculture lease under 
this Part may be searched or inspected at any time. 
B. Any other location where activities subject to this Part are conducted may be 
inspected or searched during the hours when those activities .occur. 
C. A location specified in paragraph B may be inspected at any time if a marine 
patr-ol officer has a reasonable suspicion of a violation of this Part. 
D. 
No residential dweIling may be searched ,without a search warrant unless 
otherwise aIlowed by law. 
2. 
Seizure of evidence. 
Any person who signs an application for a license or 
aquaculture lease or receives a license or aquaculture lease under this Part has a duty to 
permit seizure of evidence of a violation of marine resources laws found during an 
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inspection or search. 
3. Refusal. Refusal to permit inspection or seizure shall be i§. a basis for suspension 
of any or all licenses under this chapter or revocation of aquaculture leases. 
Sec. 15. 12 MRSA §6673, sub-§I-A, as enacted by PL 2003, c. 660, Pt. A, §21, 
is amended to read: 
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I-A. 
Application. 
A municipality shaIl review an application for a municipal 
sheIlfish aquaculture permit on a form supplied by the municipality. The municipality 
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may charge an application fee that reflects the costs of processing an application. The 
municipalityshalI publish a summary of theapplicatio'n in a newspaper of general 
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circulation in the area that would be affected by the permit. A 'person may provide 
comments to the municipality on the proposed permit within 30 days of publication of the . 
summary. 
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Prior to issuing a municipal shellfish aquaculture permit, a municipality shall hold a 
public hearing if requested in writing by 5. or more persons. The public hearing must be 
held in accordance with procedures established in ordinances adopted in subsection 3. 
Sec. 16. 12 MRSA§6673, sub-§2-A, ~, as enacted by PL 2003, c. 660, Pt. A, 
§21, is amended to read: 
B. The permit will not cause the total area under tiw pennit all municipal shellfish 
aquaculture permits in the municipality to exceed 114 of the entire. municipal 
intertidal zone that is open to the taking of shellfish . 
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Sec. 17. 12 MRSA §6673, sllIb-§3, as enacted by PL 2003, c, 660, Pt. A, §21,is 
amended to read: 
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3. Municipal shellfish aquacultur~ permit. Prior to issuing a municipal shellfish 
aquaculture permit pursuant to this section, a municipality shall adopt ordinances that 
establish procedures for consideration of permit applications under the decision criteria in 
subsection 2-A, including but not limited to provisions for a public hearing process. 
Additionally, the municipality shall adopt ordinances designed to prevent speculative 
holding of perinits. An ordinance proposed by a municipality under this subsection must 
be approved in writing by the commissioner prior to its adoption. 
When approved, a municipal shellfish aquaculture permit must be forwarded to the 
commissioner. The municipality may charge a municipal shellfish aquaculture permit fee 
not to exceed $.§{) $100 per acre annually. The municipality may establish conditions and 
limits on the permit A municipal shellfish· aquaculture permit may be granted for a 
period of up to 10 years and is renewable upon application by the permittee. 
The 
municipality shall monitor and enforce the terms and conditions of a permit on an annual 
basis and submit an annual report on permit activities to the department. 
Such 
information is considered landings data. 
Sec. 18. 12MRSA §6674, amended by PL 2003, c.660, Pt. A, §22, is further 
amended to read: 
§6674. Interference with rilUnicipal shellfish aquaculture permit 
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A person may not knowingly interfere with the ability of a person who holds a 
municipal shellfish aquaculture permit from carrying out the privileges granted to the 
permittee uncier that permit. Except for the permittee, a person may not take shellfish ffi 
the intertidal zone in an area that is included in a municipal shellfish aquaculture permit. 
A person who violates this section commits a civil violation for which a fine of not less 
than $100 nor more than $500 may be adjudged. 
Sec. 19. 12 MRS A §6808, sub-§4, as enacted by PL 2001, c. 186, § 1, is amended 
to read: 
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4. Exemption. Notwithstanding subsection 1, a license is not required to fish for, 
take, possess or transport green crabs for personal use. A municipality or the holder of an 
aquaclilture lease or license that harvests green crabs under authorization from the 
department is not required to have a commercial green crab license as long as the 
harvesting of green crabs occurs under supervision of the municipality or the holder of an 
aquaculture lease or license. 
SUMMARY 
This bill makes a number of changes to Maine's aquaculture statutes. 
Currently, aquaculture leases that are terminated or revoked are permanently lost and 
there is no option fora new lessee to continue under the same terms and conditions. This 
bill creates a mechanism for the Commissioner of Marine Resources to solicit proposals 
. for continued operations at the site for the remainder of the original lease term and under 
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the same terms and conditions and to choose the most suitable proposaL. A 2-week public 
comment period is provided, and fees, not to exceed $5,000, are set in rille. The bill 
amends the commissioner's rule-making authority to include the new lease assignment 
process. 
The bill shortens the public comment period for transfer applications and removes the 
option of a hearing. The application fee is eliminated and a fee for transferring the lease 
is created in the case of a successful application. 
The bill increases the .Iimit on the size of an experi~entid lease from 2 acres to 4 
acres. 
The bill eliminates the prohibition on limited-purpose aquaculture licenses in 
intertidal waters as long as permission of the landowner is ~btained and creates a 
nonresident limited-purpose aquaculture license. It establishes a $300 annual fee for 
nonresident limited-purpose aquaculture licenses. 
The bill allows all persons to possess cultured marine organisms that do not meet the 
size' or season requirements that wild product must meet. Appropriate documentation 
must be maintained and made available upon request of the Department of Marine 
Resources. 
The bill eliminates a duplicative notice requirement regarding an aquaculture 
facility's use of antibiotics. 
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The bill creates a mechanism to assign lease options, which allow the holder to have 
first priority in applying for a lease in a particular location. Some other coastal users such 
as local fishermen or adjacent landowners would still be able to claim preference under 
the law and nullify the option, but the option would prevent other potential applicants that 
are not specifically given priority in law from moving forward with a lease application in 
the area until the option has expired. The department must assess whether the application 
for the option is in good faith and whether it will likely result in an aquaculture 
application in the area. Fees are charged per acre and are capped at $500 for the first acre 
and $50 for each additional acre. 
The bill authorizes the commissioner to refuse to issue or renew a marine resources 
license, such as a fishing or wholesale license, to the holder of an aquaculture lease or 
license who has not paid legally required fees. 
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The bill authorizes the commissioner to require a license for the land-based culture of 
marine organisms. The bill authorizes possession of the cultured organisms, requires the 
department to monitor license holders and establish criteria for denial and revocation of 
licenses, specifies maximum fees and establishes reporting requirements. 
The bill authorizes the department to remove and sell abandoned aquaculture gear or 
stock after the lease or license holder and. anyone who has previously claimed ownership 
of the gear or stock has been notified and has failed to remove the gear or stock. Civil 
action against the lease or license holder to recover costs is authorized under certain 
circumstances. 
The bill authorizes marine patrol officers to inspect aquaculture leases and associated 
vehicles, watercraft and bui,ldings, except for residences. 
The bill allows municipalities that choose to issue aquaculture permits to charge an 
application fee that reflects their costs. The bill clarifies the total acreage allowed under 
all permits in a rriunicipality, requires municipalities to adopt ordinances to prevent 
speculative holding of permits, updates the maximum rental fee to match the Department 
of Marine Resources lease fee and clarifies tbat it is an annual rental fee and requires 
municipalities to submit an annual report to the department. 
The bill adds aquaculture lease and license holders to the group of persons that the 
department may authorize to take green crabs without a commercial license. 
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