An Act to Create a
Maine Legislature, Session 132, LD 2025
Committee Amendment CA_A_H951 (House)
Amends: 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6072-C, 12 MRSA §6072-D, 12 MRSA §6085-B

COMMITTEE AMENDMENT " /[ » to H.P, 1355, L.D. 2025, "An Act to Create a
Limited-purpose License for Aquaculture Nursery and Husbandry Activities and to Clarify
the Aquaculture Lease Amendment Process"
Amend the bill by inserting before section 1 the following:
'See. 1. 12 MRSA §6072, sub-§10, as amended by PL 2021,c. 581, § 1, is further
amended to read;
10. Notification of granted leases. After the granting of a lease:
B. The department shall notify all riparian owners, intervenors and the municipality m
which the lease is located that a lease has been granted. The notice must include a
description of the area and how a copy of the lease may be obtained; and
C. The lessee shall mark the leased area in a manner prescribed by the commissionerf
a»4
D: The lossoo shall annually submit to the department a seedmg and harveQting report
for the past year and a seeding and harvesting plan for the coming year. Upon written
request, the department shall provide a copy of the report to the munioipaUty or
municipalities in which or adjacent to which the lease is located. The seeding and
harvesting reports submitted by u lessoo under thia paragraph are considered
confidential Gtatistics for the purposes of sootion 6173. A copy of a report provided to
a municipality pursuant to this paragraph is confidential.'
Amend the bill by inserting after section 1 the following:
'See. 2. 12 MRSA §6072, sub-§19 is enacted to read;
19. Reports retained by department. Seeding and harvesting reports that were
submitted to the department under former subsection 10. paraeraoh D and former section
6072-C. subsection 10 and were confidential at the time the reports were submitted to the
3 department remain confidential until those reports are no longer retaiaed byjhedeDartment
pursuant to any records retention schedule adonted pursuant to Title 5, section 95-C,
subsection 2.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A/-" to H.P. 1355, L.D. 2025
Sec. 3. 12 MRSA §6072-A, sub-§20, as amended by PL 2011,c. 93, §6, is further
amended to read:
20. Extension of commercial lease. If a person who holds a limited-purpose lease
for commercial aquaculture research and development submits an application under section
6072 for that lease area or a portion of that area before the expiration of that limited-purpose
lease, or within 30 days after the expiration of that limited-muDose lease and accompanied
by a nonrefandable late fee of $500. and if the commissioner's decision under section 6072
occurs after the expiration of that limited-purpose lease, the lease remains in effect until
the commissioner makes a decision. If the commissioner grants that person a lease under
section 6072, that person's limited-purpose lease remains in effect until the effective date
of the lease issued under section 6072. The late fee may be waived by the commissioner
if a substantial ilbiess or a medical condition prevents the leaseholder from submittine the
aoolication within 30 days after the date of expiration of the limited-Duroose lease. The
applicant shall provide the commissioner with documentation from a physician describing
the substantial illness or medical condition. If the commissioner denies that person a lease
under section 6072, that person's limited-purpose lease remains in effect until 3 0 days after
the commissioner's decision. The commissioner may not process applications under
section 6072. subsection 12-D received more than 30 days afterthe^expiration of alimited-
purpose lease, and the leaseholder is responsible for removing all sear and equipment from
the lease site within 120 days.
Sec. 4. 12 MRSA §6072-C, sub-§10, as enacted by PL 2013, c. 509, §8, is
repealed.
Sec. 5. 12 MRSA §6072-C, sub-gll is enacted to read:
11. Inspection. The department shall inspect the holder of a limited-purpose
aquaculture license issued under this section and the activities conducted under that license
on an annual basis.
Sec. 6. 12 MRSA §6072-D, sub-§4, as enacted by PL 2003, c. 660, Pt. A,§16, is
amended to read:
4. Uses of fund. The commissioner may make expenditures from the fund to develop
and manage effective and cost-efflcient water quality lioonsing and monitoring criteria,
analyze and evaluate monitoring data, process lease? applications aquaculture lease and
licensing application processing and make information about aquaculture available to the
public. Expenditures may also be used to improve agency management of existing
aauaculture sites, mcludine conductme education and outreach^ about compliance and
inspection/
Amend the bill by inserting after section 3 the following:
'See. 4. 12 MRSA §6085-B is enacted to read:
86085-B. Right to inspect and sample
The commissioner or the commissioner's agent shall have access to the leasedor
licensed area or licensed facilitvjbrajeaseissued^ under section 6072. 6072-A or 6072-B
or a license issued under section 6072-C or 6085 for the purpose of the msnection or the
collection of samples. A samfile may b^collected only if the commissioner or the
commissioner's agent has identified a possible risk to public health, animal health or the
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A, " to H.P. 1355, L,D, 2025
f\'
health of other marine organisms. The commissioner or the commissioner's aeent shall
notify the leaseholder or license holder at least 24 hours in advance of sample collection.
and the notice must identify the basis of the sample collection. The sample size must be as
small as reasonably possible. The commissioner or the commissioner's aeent shall provide
the results of the testing on any samples to the leaseholder or license holder immediately
after the results become available, The leaseholder orUcense holder shall make applicable
marine resources licenses or permits available for mspection upon the request of the
commissioner or the commissioner's agent. Denial of access to the leased or licensed area
or licensed facility, includine for the purposes of sample collection, is erounds for
revocation of any lease or license issued pursuant to section 6072. 6072-A. 6072-B. 6072-
C or 6085. Records collected or manufactured pursuant to this section are confidential,
See. 5. 12 MRSA§6085-C is enacted to read:
86085-C. Results of testine; confidentiality
1^ Results of testing confidential. Except as provided m subsection 2. the results of
testing of a sample collected pursuant to section 6085-B are confidential.
2._ ExceBtions; disclosure permitted. The department may disclose the results of
testing of a sample collected pursuant to section 608 5-Bl
A. When the department determines that the release of the results of testing of a sample
is necessary to protect public health;
B. To the Bureau of Marine Patrol when the results of testing of a sample is necessary
for enforcement purposes; and
C. When the department relies on the results of testing of a sample to consider a
renewal application of a lease or license issued under this subchapter or initiate
revocatiQD, of a lease^ orlicense issued under this subchapter,
Sec. 6. Issuance of license or lease amendment. Until rules are adopted pursuant
to this Act, the Department of Marine Resources may not issue a limited-purpose license
or authorize a lease amendment under the Maine Revised Statutes, Title 12, chapter 605,
subchapter 2.'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment makes the following changes to the bill.
1, It removes the requirement that the holder of a research and aquaculture lease submit
an annual seeding and harvesting report for the past year and a seedmg and harvesting plan
5 for the commg year.
2. It establishes a 30-day period after the expiration of a limited-purpose lease for
commercial aquaculture research and development in which the holder of the lease may
8 submit an application to extend the lease and submit a $500 late fee for the lease to remain
in effect until the Commissioner of Marme Resources makes a decision regarding the
application.
COMMITTEE AMENDMENT
COMMITTEE AMENDMENT " A J' to H.P. 1355, L.D. 2025
3. It removes the development and management of water quality licensing and
monitoring criteria and analysis and evaluation of monitoring data from the allowable
expenditures from the Aquaculture Management Fund and allows funds to be used to
improve agency management of existing sites, including conducting education and
outreach about compliance and inspection.
4, It requires access to aquaculture lease sites, licenses and permits by the
commissioner or the commissioner's agent for the purpose of the inspection or the
collection of samples and establishes requirements for the collection of samples,
5. It clarifies that seeding and harvesting reports that were submitted to the Department
of Marine Resources that were confidential at the time the report was submitted remain
confidential until those reports are no longer retained by the department pursuant to any
records retention schedule.
6. It makes the results of testing of a sample collected by the Department of Marine
Resources confidential except in certain cases.
7. It prohibits the Department of Marine Resources from issuing limited-purpose
licenses or authorizing lease amendments for aquaculture until rules are adopted.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Revised; 03/25/26 t-KL
LD 2025 LR 2628(02)
An Act to Create a Limited-purpose License for Aquaculture Nursery and Husbandry Activities and
to Clarify the Aquaculture Lease Amendment Process
Fiscal Note for Bill as Amended by Committee Amendment
Committee: Marine Resources
Fiscal Note Required: Yes
TtH-^0
Fiscal Note
Minor cost increase - General Fund
Minor revenue increase - General Fund
Minor revenue increase - Other Special Revenue Funds
"orrectional and Judicial Impact Statements
The additional workload associated with the minimal number of new cases filed in the court system does not require
additional funding at this time, The collection of additional fines will increase General Fund or other dedicated
revenue by minor amounts,
Fiscal Detail and Notes
The provisions of this bill may result in a minor increase in Other Special Revenue Funds revenue to the Department
of Marine Resources from license fees, reflecting the limited scope and applicability of the license, Any additional
administrative costs associated with implementing the bill are expected to be minor and can be absorbed within
existing budgeted resources,
LR2628(02) - Fiscal Note - Page 1 of 1