An Act to Amend Maine's Aquaculture Leasing Laws
Maine Legislature, Session 131, LD 2065
Committee: Marine Resources
Sponsors: HEPLER
Amends: 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6673

Legislative Document
No. 2065
H.P. 1327
House of Representatives, December 13, 2023
An Act to Amend Maine's Aquaculture Leasing Laws
Submitted by the Department of Marine Resources pursuant to Joint Rule 203.
Received by the Clerk of the House on December 11, 2023.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative HEPLER of Woolwich.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6072, sub-§1-A, as amended by PL 2021, c. 557, §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 
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.
Sec. 2.  12 MRSA §6072, sub-§5, as amended by PL 1999, c. 591, §1, is further 
amended to read:
5.  Application review.  The commissioner shall review the application and set a 
hearing date if the commissioner is satisfied that the written application is complete, the 
application indicates that the lease could be granted and the applicant has preliminarily 
demonstrated that the applicant has the financial and technical capability capabilities to 
carry out the proposed activities. When the commissioner has determined that the 
application is complete, the commissioner shall forward a copy of the completed 
application and notice of hearing to the known riparian owners of riparian land within 1,000 
feet of the proposed lease and to the municipal officers of the municipality or municipalities 
in which or adjacent to which the lease is proposed. A municipality must be granted 
intervenor status upon written request.
Sec. 3.  12 MRSA §6072, sub-§6, ¶B, as amended by PL 2021, c. 52, §2, is further 
amended to read:
B.  Under Notwithstanding the provisions of Title 5, section 9052, subsection 3, 
paragraph A, the leasing procedure must require notice to the general public notice of 
hearing must be published once in a newspaper of general circulation in the area of the 
State affected and by any other manner considered appropriate by the department.  The 
commissioner may require the applicant to reimburse the department for costs incurred 
by the department in providing public notice under this paragraph.
Sec. 4.  12 MRSA §6072, sub-§7-A, ¶F, as amended by PL 2011, c. 655, Pt. II, §4 
and affected by §11 and amended by c. 657, Pt. W, §5, is further amended by repealing the 
first blocked paragraph.
Sec. 5.  12 MRSA §6072, sub-§12, as amended by PL 2021, c. 52, §5, is further 
amended by amending the 3rd blocked paragraph to read:
A lease renewal is an adjudicatory proceeding under Title 5, chapter 375, subchapter 4.  
Public notice must be given to the entities required to receive notice under subsection 6. A 
person may provide to the commissioner comments on the proposed lease renewal within 
days of receipt of notice by the 30-day deadline specified in the applicable notice to the 
entities required to receive notice under subsection 6 or within 30 days of publication of 
the proposed renewal. A hearing must be held if it is requested in writing by 5 25 persons 
within the 30 days.  The commissioner may review multiple leases concurrently during the 
lease renewal process.
Sec. 6.  12 MRSA §6072, sub-§12-A, ¶A, as amended by PL 2009, c. 229, §2, is 
further amended to read:
A.  An application to transfer a lease pursuant to this subsection must be made on forms 
provided by the commissioner.  When the commissioner determines that the 
application is complete, the commissioner shall give notice of the proposed transfer to 
the public, the owners of riparian land within 1,000 feet of the lease site and the 
municipal officers of the municipality within which the lease is located.  The notice 
must provide an opportunity to submit written comments on the proposed lease transfer 
within 14 30 days.
Sec. 7.  12 MRSA §6072, sub-§12-D is enacted to read:
12-D.  Conversion of a limited-purpose lease.  A person who holds a limited-purpose 
lease for commercial purposes pursuant to section 6072-A may apply to convert that lease 
to a lease under this subsection as long as the application is for the same lease area and 
same operations authorized by the limited-purpose lease. 
A.  An application to convert a limited-purpose lease pursuant to this subsection must 
be made on forms provided by the commissioner and must be received in accordance 
with time frames specified in section 6072-A, subsection 20-A.  A person may submit 
information used in applying for the limited-purpose lease to meet the application 
requirements of this subsection. If the commissioner determines the information is not 
valid or relevant to the lease application under this subsection, the commissioner shall 
require the person to submit additional information.  
B.  In any municipality with a shellfish conservation program under section 6671, the 
commissioner may not issue a lease under this subsection for the intertidal zone within 
the municipality without the consent of the municipal officers.  The applicant must also 
submit written permission from every owner of riparian land whose land to the low-
water mark will be used. 
C.  Upon determining that an application is complete, the commissioner shall provide 
notice of the conversion application to owners of riparian land within 1,000 feet of the 
proposed location of the lease and to the municipal officers of the municipality in which 
the lease activity would take place. The applicant shall provide the names and addresses 
of known owners of riparian land within 1,000 feet of the proposed location of the 
lease. The names and addresses must be taken from the current property tax roster on 
file at the local municipal office or, for an unorganized territory, with the Department 
of Administrative and Financial Services, Bureau of Revenue Services. The 
commissioner shall publish a summary of the application in a newspaper of general 
circulation in the area of the State in which the lease conversion is proposed. The 
commissioner may require the applicant to reimburse the department for costs incurred 
by the department in providing public notice under this paragraph. A person may 
provide comments to the commissioner on the application by the 30-day deadline 
specified in the applicable notice to owners of riparian land or municipal officers or 
within 30 days of publication of the newspaper notice.
D.  The department may consider the original site review when the lease was evaluated 
pursuant to section 6072-A or conduct another assessment of the proposed lease and 
surrounding area to evaluate the possible effects of the lease conversion on any new 
uses of the area, including ecologically significant flora and fauna as they relate to the 
conditions specified in subsection 7-A. 
E.  The commissioner may hold a public hearing on the proposed conversion. The 
commissioner shall hold a public hearing if 25 or more persons request a public hearing 
during the 30-day comment periods provided in paragraph C. 
F.  The commissioner shall provide notice of a public hearing to owners of riparian 
land within 1,000 feet of the proposed location of the lease and to the municipal officers 
of the municipality in which the operations would take place. The commissioner shall 
publish notice of a hearing in a newspaper of general circulation in the area of the State 
in which the lease conversion is proposed at least 30 days before the hearing. The 
commissioner may require the applicant to reimburse the department for costs incurred 
by the department in providing public notice under this paragraph.  
G. In evaluating the proposed lease conversion, the commissioner shall take into 
consideration the conditions specified in subsection 7-A.
Sec. 8.  12 MRSA §6072, sub-§13, ¶B, as amended by PL 2017, c. 159, §5, is 
further amended to read:
B.  For procedures to issue, transfer, review, assign, expand, convert or revoke leases;
Sec. 9.  12 MRSA §6072-A, sub-§5, as amended by PL 2021, c. 52, §10, is further 
amended to read:
5.  Notice of application.  Upon determining that an application is complete, the 
commissioner shall provide notice of a limited-purpose lease application to owners of 
riparian land within 1,000 feet of the proposed location of the lease and to the municipal 
officers of the municipality in which the limited-purpose lease activity would take place.  
The applicant shall provide the names and addresses of known owners of riparian 
landowners land within 1,000 feet of the proposed location of the lease.  The names and 
addresses must be taken from the current property tax roster on file at the local municipal 
office or, for an unorganized territory, with the Department of Administrative and Financial 
Services, Bureau of Revenue Services for an unorganized territory.  The commissioner 
shall publish a summary of the application in a newspaper of general circulation in the area 
proposed for a limited-purpose lease.  The commissioner may require the applicant to 
reimburse the department for costs incurred by the department in providing public notice 
under this subsection.  A person may provide, within 30 days of receipt of notice or within 
days of publication of a limited-purpose lease summary, comments to the commissioner 
comments on the proposed limited-purpose lease by the 30-day deadline specified in the 
applicable notice to owners of riparian land or municipal officers or within 30 days of 
publication of the limited-purpose lease summary.
Sec. 10.  12 MRSA §6072-A, sub-§6, as enacted by PL 1997, c. 231, §6, is amended 
to read:
6.  Public hearing.  The commissioner may hold a public hearing on the proposed 
limited-purpose lease.  The commissioner shall hold a public hearing if 5 25 or more 
persons request a public hearing within the 30-day comment periods provided in subsection 
5.
Sec. 11.  12 MRSA §6072-A, sub-§20-A is enacted to read:
20-A.  Extension for conversion of a commercial lease.  If a person who holds a 
limited-purpose lease for commercial aquaculture research and development submits an 
application under section 6072, subsection 12-D for that same lease area and the same 
operations before the expiration of that limited-purpose lease, and if the commissioner does 
not make a decision under section 6072, subsection 12-D before the expiration of that 
limited-purpose lease, the limited-purpose lease remains in effect until the commissioner 
makes a decision under section 6072, subsection 12-D. If the commissioner grants the 
person a lease under section 6072, subsection 12-D, that person's limited-purpose lease 
remains in effect until the effective date of the lease issued under section 6072, subsection 
12-D. If the commissioner denies that person a lease under section 6072, subsection 12-D, 
that person's limited-purpose lease remains in effect until 30 days after the commissioner's 
decision.
Sec. 12.  12 MRSA §6673, sub-§2-A, as amended by PL 2011, c. 655, Pt. II, §5 
and affected by §11 and amended by c. 657, Pt. W, §5, is further amended by repealing the 
first blocked paragraph.
SUMMARY
This bill amends the laws governing the aquaculture leasing process in the following 
ways.  It eliminates provisions that are no longer applicable regarding operations that were 
in effect prior to January 1, 1994.  It specifies that the demonstration of financial and 
technical capabilities at the time of lease application is a preliminary determination.  It 
amends the notice requirement for standard lease applications to the general public to 
specify that notice must be published once in a newspaper of general circulation in the area 
of the State affected and by any other manner considered appropriate by the Department of 
Marine Resources.  It clarifies that comments on a proposed lease renewal or a limited-
purpose lease application must be submitted within the 30-day deadline specified in the 
notice, rather than within the 30 days of receipt of the notice.  It increases from 5 to 25 the 
number of persons required to request a hearing on a lease renewal or a limited-purpose 
lease application.  It increases from 14 to 30 the number of days during which comments 
may be provided on a lease transfer.  Finally, it creates a process by which a person who 
holds a limited-purpose lease may apply to convert that lease into a standard lease, as long 
as it is for the same lease area and operations that were authorized by the limited-purpose 
lease.  A lease conversion would not require a hearing unless requested by 25 or more 
persons.