An Act To Transfer Responsibility for Licensing of Land-based Aquaculture from the Department of Marine Resources to the Department of Agriculture, Conservation and Forestry
Maine Legislature, Session 128, LD 1502
Committee: Marine Resources
Sponsors: LANGLEY, VITELLI
Amends: 7 MRSA §2, 7 MRSA §52, 12 MRSA §6073-D, 12 MRSA §6085, 12 MRSA §6085-A

Legislative Document
No. 1502
S.P. 527
In Senate, April 20, 2017
An Act To Transfer Responsibility for Licensing of Land-based 
Aquaculture from the Department of Marine Resources to the 
Department of Agriculture, Conservation and Forestry
Reference to the Committee on Marine Resources suggested and ordered printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator LANGLEY of Hancock.  (GOVERNOR'S BILL)
Cosponsored by Senator: VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  7 MRSA §2, 4th ¶, as amended by PL 2011, c. 655, Pt. MM, §5 and 
affected by §26, is further amended to read: 
In addition, the commissioner shall be concerned with the quality of life of Maine 
farmers and rural communities. The commissioner shall promote: farm financing and 
rural development proposals; conservation and preservation of agricultural lands; 
increased and improved production of beef, poultry, sheep, dairy beef and other livestock; 
expanded and improved production of potatoes, fruits and other vegetables and 
horticultural ventures; coordinated foreign and domestic marketing of Maine agricultural 
products; in conjunction with the university, crop development and integrated pest 
management; development of land-based aquaculture facilities; and conservation of 
nonrenewable energy resources and utilization of renewable energy resources in 
conjunction with the Governor's Energy Office. To accomplish these objectives, the 
commissioner is authorized for, or on behalf of, Maine's farmers and rural community: to 
engage in research and educational programs; to participate directly or indirectly in 
programs to encourage and enable individuals to enter agricultural or other rural 
enterprises; to institute litigation or upon request to represent farmers or other members 
of the rural community in litigation where the commissioner determines that such 
litigation may be beneficial to agricultural industry as a whole; and to exercise all other 
powers of an agency of State Government. The commissioner may study such issues and, 
consistent with statute, take such actions either individually, for, or on behalf of, the 
State's farmers or rural residents, or jointly with such other persons, agencies or 
organizations as the commissioner determines may benefit the State's farmers and rural 
communities. To further accomplish these objectives, the commissioner is authorized 
beginning July 1, 1991, on behalf of the State's rural community, to administer food 
assistance programs including the receipt, distribution and administration of federal and 
state funds, including block grants, for food assistance. 
Sec. 2.  7 MRSA §52, sub-§3-A, as amended by PL 2011, c. 608, §2, is further 
amended to read: 
3-A.  Farm product.  "Farm product" means those plants and animals useful to 
humans and includes, but is not limited to, forages and sod crops, grains and food crops, 
dairy products, poultry and poultry products, bees, livestock and livestock products, fish 
and fish products and fruits, berries, vegetables, flowers, seeds, grasses, Christmas trees 
and other similar products. 
Sec. 3.  7 MRSA c. 209 is enacted to read: 
CHAPTER 209 
LAND-BASED AQUACULTURE 
§1501.  Land-based aquaculture license 
1.  License required.  The commissioner may require a license for aquaculture of 
marine or freshwater organisms in facilities that are not located in the coastal waters of 
the State but are located in the State. 
2.  Licensed activities.  The holder of a license under this section may possess 
marine or freshwater organisms that 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 or freshwater organism the holder has raised by means of 
aquaculture. 
3.  License denial.  The commissioner shall refuse to issue a license under this 
section if the commissioner receives information from the Commissioner of Marine 
Resources or the Commissioner of Inland Fisheries and Wildlife that the aquaculture 
activity presents an unreasonable risk to indigenous marine or freshwater life or its 
environment. The Commissioner of Marine Resources and the Commissioner of Inland 
Fisheries and Wildlife shall consider factors, including, but not limited to: 
A.  Risk of accidental or intentional introduction of marine or freshwater organisms 
or organism products into the waters 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 or freshwater organisms. 
4.  Monitoring and revocation.  The commissioner shall monitor licensed facilities 
under this section on an annual basis.  The commissioner shall provide the findings to the 
Commissioner of Marine Resources and the Commissioner of Inland Fisheries and 
Wildlife. If the commissioner determines following an annual review or at any other time 
that the licensed aquaculture activity presents an unreasonable risk to indigenous marine 
or freshwater 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.  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 375, subchapter 2-A. 
Sec. 4.  12 MRSA §6073-D, last ¶, as enacted by PL 2009, c. 229, §8, is amended 
to read: 
This section does not exempt the possessor of the marine organism from any 
requirement to hold a lease or license pursuant to section 6072, 6072-A, 6072-B, or 
6072-C or 6085 Title 7, section 1501 to engage in the culture of marine organisms. 
Sec. 5.  12 MRSA §6085, as enacted by PL 2009, c. 229, §12, is repealed. 
Sec. 6.  12 MRSA §6085-A is enacted to read: 
§6085-A.  Land-based aquaculture; reporting 
The commissioner may require the holder of a license under Title 7, chapter 209 for 
the land-based aquaculture of marine organisms to file periodic reports regarding the 
aquaculture practices and production of the facility. Information obtained pursuant to this 
section is considered fisheries statistics for the purposes of section 6173, except that 
information about marine organism health reported pursuant to section 6071 may not be 
considered fisheries statistics. 
SUMMARY 
This bill transfers authority for the licensing of land-based aquaculture from the 
Department of Marine Resources to the Department of Agriculture, Conservation and 
Forestry.