An Act To Amend Maine's Aquaculture Leasing and Licensing Statutes
Maine Legislature, Session 130, LD 0106
Committee Amendment CA_A_H47 (House)
Amends: 12 MRSA §6072-C

COMMITTEE AMENDMENT "A" to H.P. 72, L.D. 106, "An Act To Amend 
Maine's Aquaculture Leasing and Licensing Statutes" 
Amend the bill in section 3 in paragraph C in the 2nd line (page 1, line 18 in L.D.) by 
inserting after the following: "discharge" the following: 'into the waters of the State' 
Amend the bill in section 5 in subsection 12 in the 3rd blocked paragraph in the 2nd to 
8th lines (page 2, lines 13 to 19 in L.D.) by striking out the following: "known riparian 
owners, the municipal officers of the municipality 01· municipalities in which or adjacent 
to which the lease is located and any interested patties that have provided a written request 
for notification; under the provisions of Title 5, section 9052, to the general public; and, 
for leases involving activities that have a discharge, to the Department of Environmental 
Protection. The Depattment of Agriculture, Conservation and Forestty and the Department 
of Inland Fisheries and Wildlife must be notified of all lease renewal applications" and 
insetting the following: 'entities required to receive notice under subsection 6
Amend the bill in section 13 in subsection 2 in the 5th line (page 5, line 32 in L.D.)' by 
striking out the following: "The" and insetting the following: ''.Ii:le Except as provided in 
subsection 2-C, the' 
Amend the bill in section 13 in subsection 2 in the last line (page 5, line 33 in L.D.) by 
striking out the following: "under" and insetting the following: 'only with' 
Amend the bill in section 14 in subsection 2-B by striking out all of paragraph A (page 
5, lines 40 and 41 in L.D.) and insetting the following: 
'A. A license holder who is also the holder of or has an ownership interest in an entity, 
including as a shareholder in a corporation, that holds a lease issued pursuant to section 
6072, 6072-A or 6072-B;' 
Amend the bill by inserting after section 14 the following: 
'Sec. 15. 12 MRSA §6072-C, sub-§2-C is enacted to read: 
2-C. Primary assistant. The holder of a limited-purpose aquaculture license may 
designate one unlicensed individual as a primary assistant. Notwithstanding subsection 2, 
COMMITTEE AMENDMENT 
("/i 
COMMITTEE AMENDMENT "A" to H.P. 72, L.D. I 06 
a primary assistant may conduct the licensed activities without the direct supervision of the 
license holder. If an individual is designated by the license holder as a primary assistant, 
the limited-purpose aquaculture license on which the individual is designated a primary 
assistant counts against the total number of licenses the primary assistant may hold under 
subsection 2-A, paragraph G. An individual may be the prima1y assistant on no more than 
limited-purpose aquaculture licenses.' 
Amend the bill by inserting after section 18 the following: 
'Sec. 19. 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 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2021-22 
$20,000 
$20,000 
2022-23 
$40,000 
$40,000 
Amend the bill by relettering or renumbering any nonconsecutive Paii letter or section 
number to read consecutively. 
SUMMARY 
This amendment clarifies that the Depaiiment of Environmental Protection must 
receive a notice when an activity under an aquaculture lease application involves a 
discharge into the waters of the State. It clarifies who receives notice of a lease renewal 
application. It allows the Commissioner of Marine Resources to grant an exception to the 
direct supervision of unlicensed assistants when a license holder also has an ownership 
interest in an entity, including as a shareholder of a corporation, that also holds an 
aquaculture lease. It allows a license holder to designate one unlicensed individual as a 
primary assistant who may conduct the licensed activities without the direct supervision of 
the license holder. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/10/21 ;wa~ 
LD106 
LR 89(02) 
An Act To Amend Maine's Aquaculture Leasing and Licensing Statutes 
Fiscal Note for Bill as Amended by Committee Amendment 1,;Jf { H-1/ 1) 
Committee: Marine Resources 
Appropriations/ Allocations 
Other Special Revenue Funds 
_L{evenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2021-22 
$20,000 
$20,000 
FY 2022-23 
$40,000 
$40,000 
Projections 
FY2023-24 
$40,000 
$40,000 
Projections 
FY 2024-25 
$40,000 
$40,000 
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 lim,ted-purpose 
aquaculture license from $300 to $400 starting January 1, 2022. 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 2021-22 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. Provisions in this bill that allow the DMR to establish fees 
for modifications of leases and product safety testing will increase revenues to the Shellfish Fund. An estimate of 
these revenues is not made at this time but is not anticipated to be significant. 
LR0089(02) - Fiscal Note - Page 1 of 1