An Act To Make Technical Changes to Maine's Marine Resources Laws and Elver Enforcement Mechamsms
Maine Legislature, Session 126, LD 1545
Committee Amendment CA_A-HA_A_H473 (House)
Amends: 12 MRSA §60

HOUSE AMENDMENT "/;" to COMMITTEE AMENDMENT "A" to S.P. 588, 
L.D. 1545, Bill, "An Act To Make Technical Changes to Maine's Marine Resources Laws 
and Elver Enforcement Mechamsms" 
Amend the amendment by striking out all of section 1 and inserting the following: 
'Sec. 1. 12 MRS A §6072, sub-§13, ,G, as amended by PL 2003, c. 660, Pt. A, 
§ 12, is further amended to read: 
G. For adding or deleting authorization for the holder of an aquaculture lease to grow 
specific species and use spedfic gear on the lease site~. A change in authorization 
is not an adjudicatory proceeding. 
The regulations must provide for notice of 
proposed changes in gear authorization to the lessee, the public, riparian landowners 
and the municipality in which the lease is located and an opportunity to submit 
written comments on the proposal. Authorization to add or delete species or gear 
must be consistent with the findings made under subsection 7 -A when the lease was 
approved.' 
Amend the amendment by inserting after section 2 the following: 
'Sec. 3. 12 MRSA §60'72-A, sub-§8, as amended by PL 2001, c. 122, §l, is 
further amended to read: 
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 minimum, meet the requirements of section 
6072, subsection 2, paragraph E and subsection 4, paragraphs A, B, C, E, F, G and J. The 
rules must also require an appl:.cant to provide to the department proof of access to the 
lease 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. The commissioner may adopt rules to add or delete authorization 
for the holder of an aquaculture lease to grow specific species and to use specific gear on 
the lease site. A change in authorization is not an adjudicatory proceeding. The rules 
must provide for notice of proposed changes in gear authorization to the lessee, the 
public, riparian landowners and the municipality in which the lease is located and an 
opportunity to submit written comments on the proposal. Authorization to add or delete 
HOUSE AMENDMENT 
,. .. .. ~. 
HOUSE AMENDMENT./I n to COMMITTEE AMENDMENT "An to S.P. 588, L.D. 1545 
species or gear must be consistent with the findings made under subsection 13 when the 
lease was approved.' 
SUMMARY 
This amendment changes provIsIOns in Committee Amendment "A" governing 
regulations that the Commissioner of Marine Resources may adopt or amend governing 
research and aquaculture leases. The committee amendment conditions authorization for 
a species or gear amendment on the provision of notice of the proposed amendment 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 and specifies that the notice 
must provide an opportunity for submission of written comments on the proposed 
amendment within 14 days. This amendment instead requires that these regulations 
provide for notice of proposed changes in only gear authorization to the lessee, the public, 
riparian landowners and the municipality in which the lease is located, and provide an 
opportunity for submission of written comments. The amendment provides that a change 
in authorization is not an adjudicatory proceeding. 
This amendment also allows the ~issioner to adopt similar rules for limited-
purpose leases for commercial..or scieJifi~~~search. 
/ 
SPONSOREDBY: ____ -hV~f~V~r~--------------
(Representative DEVIN) 
TOWN: Newcastle 
HOUSE AMENDMENT