An Act Regarding Licensing of Land-based Aquaculture Facilities
Maine Legislature, Session 129, LD 0620
Committee: Agriculture, Conservation and Forestry
Sponsors: DODGE, MIRAMANT, ALLEY, BEEBE-CENTER, DOUDERA, HEPLER, HICKMAN, GRATWICK
Amends: 7 MRSA §1501

Legislative Document
No. 620
H.P. 448
House of Representatives, February 5, 2019
An Act Regarding Licensing of Land-based Aquaculture Facilities
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative DODGE of Belfast.
Cosponsored by Senator MIRAMANT of Knox and
Representatives: ALLEY of Beals, BEEBE-CENTER of Rockland, DOUDERA of Camden, 
HEPLER of Woolwich, HICKMAN of Winthrop, McCREA of Fort Fairfield, McCREIGHT of 
Harpswell, Senator: GRATWICK of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §1501, sub-§§3 and 4, as enacted by PL 2017, c. 94, §3, are 
amended to read:
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 alone in the use of a body of water or in combination with the aquaculture 
activity of any other land-based aquaculture operations using the same body of water 
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 alone in the use of a body of water or in 
combination with the aquaculture activity of any other land-based aquaculture operations 
using the same body of water 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.
SUMMARY
This bill amends the law allowing the Commissioner of Agriculture, Conservation 
and Forestry to refuse to issue a land-based aquaculture license, or revoke an existing 
license, when the aquaculture activity presents an unreasonable risk to indigenous marine 
or freshwater life or its environment and specifies that the activity is either alone in the 
use of a body of water in combination with the aquaculture activity of any other land-
based aquaculture operations using the same body of water.