An Act To Create an Aquaculture License
Maine Legislature, Session 128, LD 1520
Committee: Marine Resources
Sponsors: DEVIN
Amends: 12 MRSA §6073-B, 12 MRSA §6073-C, 12 MRSA §6601, 12 MRSA §6745, 12 MRSA §6746, 12 MRSA §6810-B

Legislative Document
No. 1520
H.P. 1044
House of Representatives, April 25, 2017
An Act To Create an Aquaculture License
Submitted by the Department of Marine Resources pursuant to Joint Rule 204.
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DEVIN of Newcastle.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6073-B, as enacted by PL 2007, c. 522, §2, is amended to 
read: 
§6073-B.  Harvester license exemption; aquaculture 
The holder of a lease issued under section 6072, 6072-A or 6072-B or a license 
issued under section 6072-C and a license issued under section 6810-B is exempt from 
any requirement under sections 6421, 6501, 6601, 6745, 6746, 6748, 6748-A, 6748-D, 
6751, 6801-A and 6803 to hold a separate license for the removal, possession, transport 
or sale of the cultured organisms, except for molluscan bivalve shellfish, from the leased 
area or the licensed gear. 
Sec. 2.  12 MRSA §6073-C, as reallocated by RR 2007, c. 2, §4, is amended to 
read: 
§6073-C.  Harvester license exemption; scallop aquaculture 
The holder of a lease issued under section 6072, 6072-A or 6072-B or a license 
issued under section 6072-C and a license issued under section 6810-B is exempt from 
any requirement under sections 6701, 6702 and 6703 to hold a separate license for the 
removal, possession, transport or sale of scallops from the leased area or the licensed gear 
when the final product form is the adductor muscle only. This exemption does not apply 
to scallops in any other form. 
Sec. 3.  12 MRSA §6601, sub-§2-A, as amended by PL 2013, c. 509, §9, is 
repealed. 
Sec. 4.  12 MRSA §6745, sub-§2-A, as enacted by PL 2007, c. 522, §4, is 
repealed. 
Sec. 5.  12 MRSA §6746, sub-§2-A, as enacted by PL 2007, c. 522, §5, is 
repealed. 
Sec. 6.  12 MRSA §6810-B is enacted to read: 
§6810-B.  Aquaculture license 
1.  Definition.  For the purposes of this section, "shellfish" means shellstock clams, 
quahogs other than mahogany quahogs, mussels and oyster shellstock.   
2.  License required.  A person may not engage in the activities authorized under 
this section without a current aquaculture license. 
3.  Licensed activities; all aquacultured organisms except shellfish.  The holder of 
an aquaculture license or authorized representative of the holder of an aquaculture license 
may remove, possess, transport within the state limits or sell cultured organisms, except 
shellfish, the holder has removed from the leased area described in the holder's lease 
issued under section 6072, 6072-A or 6072-B or cultured organisms, except shellfish, the 
holder has cultured pursuant to a license issued under section 6072-C.  The department 
shall establish by rule a means to identify personnel and authorized representatives 
operating under the authority of such a license holder. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
4.  Licensed activities; shellfish.  The holder of an aquaculture license or authorized 
representative of the holder of an aquaculture license may remove, possess, transport 
within the state limits or sell to a wholesale seafood license holder certified under section 
6856 cultured shellfish the holder has removed from the leased area described in the 
holder's lease issued under section 6072, 6072-A or 6072-B or cultured shellfish the 
holder has cultured pursuant to a license issued under section 6072-C.  Such a holder of 
an aquaculture license may also sell such shellstock from that license holder's home in the 
retail trade. A holder of an aquaculture license who is also the holder of a lease issued 
under section 6072 or 6072-A or that holder's authorized representative may sell such 
shellstock from the holder's lease site in the retail trade. The department shall establish by 
rule a means to identify personnel and authorized representatives operating under the 
authority of such a license holder. Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
5.  Eligibility.  An aquaculture license may be issued only to an individual who holds 
a lease issued under section 6072, 6072-A or 6072-B or a license issued under section 
6072-C. 
6.  Fee.  The fee for an aquaculture license is $133. 
7.  Disposition of fees.  Fees for aquaculture licenses must be deposited in the 
Aquaculture Management Fund established in section 6072-D. 
8.  Violation.  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. 
SUMMARY 
This bill creates an aquaculture license that exempts the holder from certain 
requirements in law to hold a separate license for the removal, possession, transport or 
sale of cultured marine organisms and authorizes the holder to remove, possess, transport 
or sell cultured marine organisms.