An Act Regarding Wet Storage Sites for Cultured Marine Organisms
Maine Legislature, Session 126, LD 1603
Committee: Marine Resources
Sponsors: DEVIN, JOHNSON, BEAVERS, GILLWAY, HUBBELL
Amends: 12 MRSA §6072-E

Legislative Document 
No. 1603 
H.P. 1175 
House of Representatives, December 30, 2013 
An Act Regarding Wet Storage Sites for Cultured Marine 
Organisms 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative DEVIN of Newcastle. 
Cosponsored by Senator JOHNSON of Lincoln and 
Representatives: BEAVERS of South Berwick, GILLWAY of Searsport, HUBBELL of Bar 
Harbor. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6072-E is enacted to read: 
§6072-E.  Wet storage for cultured organisms 
1.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A.  "Wet storage" means the temporary storage of shellstock from growing areas in 
containers or floats in natural bodies of water or onshore in tanks containing natural 
or synthetic seawater. 
2.  Permit required.  A holder of a lease or license issued pursuant to section 6072, 
6072-A, 6072-B or 6072-C may conduct wet storage only if the leaseholder or licensee 
first obtains a permit from the department. 
3.  Application.  A leaseholder or licensee under subsection 2 seeking to conduct wet 
storage shall apply to the department on an annual basis for a permit for each wet storage 
site.  The application must include: 
A.  The name, address and telephone number of the leaseholder or licensee requesting 
a permit for wet storage; 
B.  For a near-shore wet storage site, a map indicating the exact location, including 
Loran or global positioning system coordinates, of the storage site and any associated 
floats;  
C.  For an onshore wet storage site, a map indicating the location of the storage site, a 
complete description of the source of water to be used for wet storage and a detailed 
description of any water treatment system proposed to be used.  A water treatment 
system proposed to be used must be approved by the department; 
D.  A detailed physical description and diagram or photograph of the design of the 
wet storage system;  
E.  A local code enforcement officer's or plumbing inspector's inspection form 
indicating, to the satisfaction of the department, that all new and existing plumbing 
and sewage for the wet storage system meets state and local requirements; 
F.  A copy of a waste discharge license issued by the Department of Environmental 
Protection pursuant to Title 38, section 413 or a determination letter from the 
Department of Environmental Protection that the proposed wet storage will not 
violate the water quality standards of the receiving waters;  
G.  A written standard operating procedure that includes a description of: 
(1)  The purpose for the wet storage, such as holding, conditioning or 
salinization, and any species-specific physiological factors that may affect design 
criteria; 
(2)  How the shellstock will be tagged or identified during wet storage; and 
(3)  How the shellstock will be handled and tagged when it comes out of wet 
storage; 
H.  A letter from the harbor master or, if there is no harbor master, other appropriate 
local authority indicating that the wet storage and activities associated with the wet 
storage will not unreasonably interfere with existing commercial or recreational uses 
of the area and will not unreasonably interfere with the ingress and egress of riparian 
owners; and  
I.  A list of riparian owners within 1,000 feet of the proposed wet storage site. 
4.  Notification.  Within 20 days after receiving a complete application under 
subsection 3, the department shall notify, in writing, riparian owners identified by the 
applicant pursuant to subsection 3, paragraph I. 
5.  Rulemaking.  The department shall adopt rules to implement this section, 
including rules for the application review process, including a public comment process, 
and for design, construction and operating requirements for wet storage.  Rules adopted 
pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
SUMMARY 
This bill establishes a permit system to allow aquaculture leaseholders and licensees 
to conduct wet storage of cultured organisms.  The permit system is similar to the permit 
system for dealers established by rule by the Department of Marine Resources.