An Act To Amend Maine's Aquaculture Leasing and Licensing Statutes”
Maine Legislature, Session 129, LD 1930
Committee Amendment CA_A_H840 (House)
Amends: 12 MRSA §6072, 12 MRSA §6072-C, 12 MRSA §6651

COMMITTEE AMENDMENT “      ” to H.P. 1374, L.D. 1930, Bill, “An Act To 
Amend Maine's Aquaculture Leasing and Licensing Statutes”
Amend the bill in section 2 in subsection 11 in the 5th line (page 1, line 14 in L.D.) 
by striking out the following: "standard" and inserting the following: 'maintenance 
standard adopted pursuant to subsection 13, paragraph A'
Amend the bill in section 5 in subsection 12-C in the 2nd line (page 2, line 28 in 
L.D.) by inserting after the following: "lease was" the following: 'originally'
Amend the bill in section 6 in subsection 13 by striking out all of paragraph E (page 
3, lines 37 to 40 in L.D.) and inserting the following:
'E.  For establishing and revaluing fees and rents related to aquaculture;' 
Amend the bill in section 6 in subsection 13 by striking out all of paragraphs G and H 
(page 4, lines 3 to 13 in L.D.) and inserting the following:
'G.  For adding or deleting authorization for the holder of an aquaculture lease to 
grow specific species and or to use specific gear on the lease site and for a 
modification to operations as a result of a change in species or gear authorization. A 
change in authorization or a resultant modification to operations is not an 
adjudicatory proceeding.  The commissioner shall establish by rule the fee for 
modifying a lease under this paragraph, which may not exceed $200.  The regulations 
rules must provide for notice of proposed changes in gear authorization to 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 
species or gear must be consistent with the findings made under subsection 7-A when 
the lease was approved; and
H.  For establishing fallowing requirements and procedures.;
I.  For establishing fees for services provided by the department to a lease holder if 
the lease holder requests testing or location-specific studies to ensure the lease 
holder's products are safe for human consumption. Fees collected pursuant to this 
paragraph must be deposited into the Shellfish Fund under section 6651; and
Date: 
(Filing No. H-          )
COMMITTEE AMENDMENT “      ” to H.P. 1374, L.D. 1930
COMMITTEE AMENDMENT
J.  For defining seed size or seed management and harvest seasons.' 
Amend the bill by inserting after section 6 the following:
'Sec. 7.  12 MRSA §6072, sub-§15, as enacted by PL 1987, c. 453, §1, is 
repealed.' 
Amend the bill by inserting after section 8 the following:
'Sec. 9.  12 MRSA §6072-C, sub-§2-B is enacted to read:
2-B.  Exceptions.  Upon request, the commissioner may grant the holder of a limited-
purpose aquaculture license an exception to the requirement in subsection 2 that the 
license holder provide direct supervision of unlicensed individuals assisting the license 
holder in the licensed activities at the license holder's limited-purpose aquaculture license 
site.  The commissioner may grant exceptions to:
A.  A license holder who is also the holder of or a majority shareholder in a 
corporation that holds a lease issued pursuant to section 6072, 6072-A or 6072-B;
B.  A license holder using specific gear types as specified in rule; or
C.  A license holder who has applied for a lease under section 6072 or 6072-A for an 
area that includes the area authorized by the license holder's existing limited-purpose 
aquaculture license.
The commissioner may adopt rules to implement this subsection, including, but not 
limited to, establishing requirements for an application for an exception and the reasons 
for which an exception may be granted.  Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by inserting after section 9 the following:
'Sec. 10.  12 MRSA §6651, sub-§1-A is enacted to read:
1-A.  Additional fees to be paid into fund.  Any fees collected pursuant to section 
6072, subsection 13, paragraph I must be deposited into the Shellfish Fund.
Sec. 11.  Appropriations and allocations.  The following appropriations and 
allocations are made.
MARINE RESOURCES, DEPARTMENT OF 
Bureau of Policy and Management 0258
Initiative: Provides ongoing allocations for expenditure of funds to develop and manage 
effective and cost-efficient water quality licensing and monitoring criteria, analyze and 
evaluate monitoring data, process lease applications and make information about 
aquaculture available to the public.
OTHER SPECIAL REVENUE FUNDS
2019-20
2020-21
All Other
$0
$20,000
OTHER SPECIAL REVENUE FUNDS TOTAL
$0
$20,000
COMMITTEE AMENDMENT “      ” to H.P. 1374, L.D. 1930
COMMITTEE AMENDMENT
Sec. 12.  Effective dates.  That section of this Act that amends the Maine Revised 
Statutes, Title 12, section 6072-C, subsection 6 takes effect January 1, 2021. Those 
sections of this Act that amend Title 12, section 6072-C, subsection 2 and enact Title 12, 
section 6072-C, subsection 2-B take effect January 1, 2023.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively.
SUMMARY
This amendment does the following.
1. It clarifies that, with regard to the revocation of a lease for the violation of 
minimum lease standards, the standards are those lease maintenance standards that have 
been adopted by rule by the Commissioner of Marine Resources pursuant to the Maine 
Revised Statutes, Title 12, section 6072, subsection 13, paragraph A.
2. It specifies that a person who has held a lease for at least 2 years from the date the 
lease was originally executed may apply for an expansion of a research and aquaculture 
lease.
3. It specifies that fees collected pursuant to Title 12, section 6072, subsection 13 for 
certain testing or study services provided by the Department of Marine Resources must 
be deposited in the Shellfish Fund.
4. It clarifies that the commissioner is authorized to adopt rules to allow changes to 
research and aquaculture leases to include modifications in operations as a result of 
changes in species and gear authorizations.
5. It includes an effective date of January 1, 2021 for the increase in fees for limited-
purpose aquaculture licenses.
6. It also includes an effective date of January 1, 2023 for the provisions of the bill 
that require a limited-purpose aquaculture license holder to directly supervise an 
unlicensed individual that assists with licensed activities and allow the commissioner to 
provide an exception to direct supervision to a license holder who is also the holder of or 
a majority shareholder in a corporation that holds a lease or a license holder using 
specific gear types specified in rules adopted by the commissioner.
7.  It adds an ongoing allocation to the Department of Marine Resources for 
administrative costs.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/27/20
LD 1930
LR 3015(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Appropriations/Allocations
Other Special Revenue Funds
$0
$20,000
$40,000
$40,000
Revenue
Other Special Revenue Funds
$0
$20,000
$40,000
$40,000
Fiscal Detail and Notes
This bill amends certain rules regarding aquaculture leasing and licenses. It also increases the fee for a resident 
limited-purpose aquaculture license from $50 to $100 and increases the fee for a nonresident limited-purpose 
aquaculture license from $300 to $400 starting January 1, 2021. This will increase Other Special Revenue Funds 
revenue to the Aquaculture Management Fund (AMF) in the Department of Marine Resources (DMR) by $20,000 in 
fiscal year 2020-21 and by $40,000 in subsequent years. The bill includes a corresponding ongoing allocation to the 
DMR to allow for expenditure of the additional revenue.
Fiscal Note
An Act To Amend Maine's Aquaculture Leasing and Licensing Statutes
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Marine Resources
Fiscal Note Required: Yes
LR3015(02) - Fiscal Note - Page 1 of 1