An Act To Amend Maine's Aquaculture Laws
Maine Legislature, Session 126, LD 1605
Committee Amendment CA_A_H703 (House)
Amends: 12 MRSA §6072, 12 MRSA §6072-A

COMMITTEE AMENDMENT" A" to H.P. 1177, L.D. 1605, Bill, "An Act To 
Amend Maine's Aquaculture Laws" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 12 MRSA §6072, sub-§13, ~G, as corrected by RR 2013, c. 1, §22, is 
amended to read: 
G. For adding or deleting authorization for the holder of an aquaculture lease to grow 
specific species and use specific 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; and' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 12 MRS A §6072-A, sub-§1, as amended by PL 2013, c. 301, §2, is 
further amended to read: 
1. Authority. The commissioner may issue a limited-purpose lease for areas in, on 
and under the coastal waters, including the public lands beneath those waters and portions 
of the intertidal zone, for commercial aquaculture research and development or for 
scientific research. 
The commissioner or the deputy commissioner acting on the 
commissioner's behalf may authorize in writing qualified professional department staff to 
issue a final decision and sign a lease document on an application for a limited -purpose 
lease. A decision issued by department staff pursuant to this subsection is a final agency 
action with respect to that lease application. The commissioner may adopt regulations for 
adding or deleting authoric:ation for the holder of an aquaculture lease to grow specific 
species and use specific gear on the lease site. The commissioner may grant authoric:ation 
for species or gear amendments under this subsection only: 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT ,,4 .. to RP. 1177, L.D. 16<)5 
/\£. 
After giving notice of the proposed amendment to the public, the o\'mers 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 amendment 'Nithin 14 days; 
aOO 
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B. Upon a determination by the commissioner that the amendment is consistent with 
the findings made under subsection 13 when the lease was approved. 
Sec. 3. 12 MRSA §6072-A, sub-§8, as amended by PL 2013, c. 301, §3, 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 applicant 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 
species or gear must be consistent with the findings made under subsection 13 when the 
lease was approved.' 
Amend the bill in section 4 in subsection 7-A in the 3rd line (page 2, line 3 in L.D.) 
by striking out the following: "product from" and inserting the following: 'grown by the 
license holder under the license in' 
Amend the bill in section 5 by striking out all of subsection 10 (page 2, lines 6 to 10 
in L.D.) and inserting the following: 
'10. 
Reporting requirement; confidentiality. 
A holder of a limited-purpose 
aquaculture license shall annually submit to the department a seeding and harvesting 
report for the past year and a seeding and harvesting plan for the coming year. 
Information provided in seeding and harvesting reports submitted by a license holder 
under this subsection is considered confidential information reported to the commissioner 
pursuant to section 6173.' 
Amend the bill in section 7 in the first paragraph in the 3rd line (page 2, line 31 in 
L.D.) by inserting after the following: 
"6072-B" the following: 
'that authorizes the 
culture of American oysters' 
Amend the bill in section 7 in the first paragraph in the 3rd line (page 2, line 31 in 
L.D.) by inserting after the following: 
"6072-C" the following: 
'that authorizes the 
culture of American oysters' 
COMMITTEE AMENDMENT 
COMMITIEE AM1'NDMENT "A .. to H.P. 1177, LD. 1605 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, corrects a 
cross-reference to the confidentiality of statistics. 
This amendment clarifies that the prohibition against a person other than a marine 
patrol officer or a license holder taking products from an area designated by a limited-
purpose aquaculture license applies only to those organisms being grown that are listed 
on the license. 
This amendment clarifies that the exception to growing cultchless American oysters 
is specific to a person who holds a lease or license that authorizes the culture of American 
oysters. 
The amendment removes the requirement in the laws concerning aquaculture leases 
that authorization to delete species or gear be consistent with findings made when the 
lease was approved and removes the requirement that notice of proposed changes in gear 
authorization be provided to the lessee. 
Finally, the amendment removes duplicative language in the section on limited-
8 
purpose aquaculture leases regarding the commissioner's rulemaking authority regarding 
gear and species amendments. 
COMMITTEE AMENDMENT 
Approved: 03114/14 Mac.. 
LD 1605 
LR 2542(02) 
An Act To Amend Maine's Aquaculture Laws 
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Fiscal Note for Bill as Amended by Committee Amendment 'If' Cff -1(3) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
No net revenue impact - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Exempting certain leaseholders from having to obtain cultchless American oyster growers licenses is expected to 
result in only a minor loss of revenue to the General Fund. 
LR2542(02) - Fiscal Note - Page 1 of 1