An Act To Provide for Special Fees for Certain Aquaculture Lease Applications and To Amend Other Provisions in the Laws Governing Aquaculture Leases
Maine Legislature, Session 130, LD 1844
Committee Amendment CA_A_H815 (House)
Amends: 12 MRSA §6072

COMMITTEE AMENDMENT ,fl,, to H.P. 1365, L.D. 1844, "An Act To Provide 
for Special Fees for Certain Aquaculture Lease Applications and To Amend Other 
Provisions in the Laws Governing Aquaculture Leases" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Amend Provisions in the Laws Governing Aquaculture Leases' 
Anlend the bill by striking out all of section 1 and inserting the following: 
'Sec.1. 12 MRSA §6072, sub-§1-A, as amended by PL 1999, c. 567, §1, is further 
amended to read: 
1-A. Lease requirement; finfish and suspension culture. Except as provided in 
paragraphs B and B-1 and sections 6072-A, 6072-B and 6072-C, it is unlawful for a person 
who does not have a lease issued by the commissioner under this section to construct or 
operate in the coastal waters of the State a facility for the culture of finfish in nets, pens or 
other enclosures or for the suspended culture of any other marine organism. For the 
purposes of this subsection, "suspended culture" includes all forms of culture except for the 
placement of marine organisms on the ocean bottom without the use of gear of any type. 
B. A person operating a facility in the coastal waters of the State, on or before the 
effective date of this subsection, for the culture of finfish in nets, pens or other 
enclosures or for the suspended culture of shellfish that is not leased under this section 
must register the facility with the commissioner on or before January 1, 1992 on a form 
specified by the commissioner. A person registering under this paragraph must submit 
a completed lease application on or before July 1, 1992, A registrant whose application 
under this paragraph is denied shall immediately cease operations at the facility and 
remove all related structures from the coastal waters of the State. 
B-1. A person operating a facility in the coastal waters of the State for the suspended 
culture of a marine organism other than shellfish that is not leased under this section 
must register the facility with the commissioner on or before January 1, 1994 on a form 
specified by the commissioner. A person registering under this paragraph must submit 
a completed lease application on or before July 1, 1994. A registrant whose application 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT,/(,, to H.P. 1365, L.D. 1844 
under this paragraph is denied shall immediately cease operations at the facility and 
remove all related structures from the coastal waters of the State. 
C. The commissioner may not consider an application for a lease under this section on 
an area registered under paragraph B or B-1 from a person other than the registrant 
prior to rendering a final decision on any application submitted by a registrant under 
paragraph B or B-1. 
A person who violates this subsection is subject to a civil penalty, payable to the State, of 
no more than $1,000 for each day of the violation.' 
Amend the bill by striking out all of sections 2 and 3. 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment removes the provisions of the bill that authorize the Department of 
Marine Resources to designate certain research and aquaculture lease applications as 
subject to special fees based on the size, uniqueness or complexity of the application. It 
clarifies that, for purposes of a research or aquaculture lease to construct or operate in 
coastal waters a facility for the suspended culture of marine organisms, 
suspended culture" 
includes all forms of culture except for the placement of marine organisms on the ocean 
bottom without the use of gear of any type. The amendment retains the provision in the bill 
that authorizes the department to hold an emergency aquaculture lease for shellfish without 
having to also hold another lease and the provision in the bill that authorizes the 
Commissioner of Marine Resources to issue a marine organism aquaculture license for 
more than one calendar year. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/01/22 feac:.. 
LD 1844 
LR2191(02) 
An Act To Provide for Special Fees for Certain Aquaculture Lease Applications and To Amend Other 
Provisions in the Laws Governing Aquaculture Leases 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment #1( /-f-g' I '5') 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue decrease - General Fund 
Any additional costs to the Department of Marine Resources as a result of changes to the definition of what 
constitutes a suspended culture of marine organisms or changes authorizing the department to hold an emergency 
aquaculture lease for shellfish are anticipated to be minor and can be absorbed within existing budgeted resources. 
Provisions allowing the issuance of marine organism aquaculture licenses for more than one calendar year are not 
expected to result in significant revenue reductions from a reduced number of licenses issued. 
LR2191(02) - Fiscal Note - Page 1 of 1