An Act To Transfer Responsibility for Licensing of Land-based Aquaculture from the Department of Agriculture, Conservation and Forestry to the Department of Marine Resources
Maine Legislature, Session 129, LD 1763
Committee: Marine Resources
Sponsors: VITELLI
Amends: 7 MRSA §2, 7 MRSA §52, 12 MRSA §6073-D, 12 MRSA §6085, 12 MRSA §6085-A

Legislative Document
No. 1763
S.P. 595
In Senate, May 21, 2019
An Act To Transfer Responsibility for Licensing of Land-based 
Aquaculture from the Department of Agriculture, Conservation and 
Forestry to the Department of Marine Resources
(EMERGENCY)
Reference to the Committee on Marine Resources suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator VITELLI of Sagadahoc.  (GOVERNOR'S BILL)
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, this legislation needs to take effect before the expiration of the 90-day 
period in order to provide for review of anticipated land-based aquaculture projects by the 
Department of Marine Resources as soon as possible; and
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §2, 4th ¶, as amended by PL 2017, c. 94, §1, 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 2017, c. 94, §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, as amended, is repealed.
Sec. 4.  12 MRSA §6073-D, last ¶, as amended by PL 2017, c. 94, §4, is further 
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 Title 7, section 1501 6085 to engage in the culture of marine organisms.
Sec. 5.  12 MRSA §6085, as repealed by PL 2017, c. 94, §5, is reenacted to read:
§6085.  Marine organism aquaculture license
1.  License required.  The commissioner may require a license for aquaculture of 
marine 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 organisms 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 organism the holder has raised by means of aquaculture.
3.  Permit denial.  The commissioner may refuse to issue a license under this section 
if the commissioner finds that the aquaculture activity presents an unreasonable risk to 
indigenous marine life or its environment.  In determining whether or not to refuse to 
issue a license, the commissioner shall consider factors, including, but not limited to:
A.  Risk of accidental or intentional introduction of marine organisms or marine 
organism products into the coastal 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 organisms.
4.  Monitoring and revocation.  The commissioner shall monitor licensed facilities 
under this section on an annual basis.  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 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.  Reporting.  The commissioner may require the holder of a license under this 
section to file periodic reports regarding the aquaculture practices and production of the 
facility.  Information obtained pursuant to this provision 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.
6.  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. 6.  12 MRSA §6085-A, as enacted by PL 2017, c. 94, §6, is repealed.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill transfers authority for the licensing of land-based aquaculture from the 
Department of Agriculture, Conservation and Forestry to the Department of Marine 
Resources.