An Act to Support Maine's Sea Farmers
Maine Legislature, Session 132, LD 1596
Committee: Marine Resources
Sponsors: RIELLY, BRENNER
Amends: 12 MRSA §6072, 12 MRSA §6072-A, 12 MRSA §6080

Legislative Document
No. 1596
H.P. 1054
House of Representatives, April 10, 2025
An Act to Support Maine's Sea Farmers
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RIELLY of Westbrook.
Cosponsored by Senator BRENNER of Cumberland and
Representatives: ANKELES of Brunswick, BELL of Yarmouth, CRAFTS of Newcastle, 
PLUECKER of Warren, SIMMONS of Waldoboro, Senators: HICKMAN of Kennebec, 
TEPLER of Sagadahoc.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6072, sub-§1-B is enacted to read:
1-B.  Definitions.  As used in this section and section 6072-A, unless the context 
otherwise indicates, the following terms have the following meanings.
A.  "Bottom operations" means an operational type that primarily involves:
(1) The deposit of the principal aquaculture gear on the ocean bottom.  The 
principal aquaculture gear for bottom operations includes, but is not limited to, 
shellfish cages, bags or netting designed to contain or protect shellfish from 
predation; or
(2)  The deposit of marine organisms to be cultured directly on the ocean bottom 
without the use of aquaculture gear, other than netting to protect the organisms 
from predation, including, but not limited to, direct deposit of shellfish seed on the 
ocean bottom.
B.  "Operational type" means, with respect to an aquaculture operation conducted 
pursuant to a lease issued under this section or section 6072-A, the method by which 
the aquaculture operation engages in aquaculture.  An aquaculture operation may have 
only one operational type. "Operational type" includes bottom operations, submerged 
operations or surface operations.
C.  "Principal aquaculture gear" means the gear or equipment primarily used to engage 
in aquaculture by an aquaculture operation conducted pursuant to a lease issued under 
this section or section 6072-A.  "Principal aquaculture gear" does not include marker 
buoys or mobile vessels used for transit to and from the lease site.
D.  "Submerged operations" means an operational type that primarily involves the 
suspension of the principal aquaculture gear below the ocean surface where that gear 
is not connected to a major floating structure on the ocean surface and does not come 
in contact with the ocean bottom.  The principal aquaculture gear for submerged 
operations, which may be connected to surface buoys in a manner designed to maintain 
the position of the gear in the water column and above the ocean bottom, includes, but 
is not limited to, seaweed or shellfish longlines, shellfish cages, shellfish lantern nets 
or pearl nets, scallop gear, hanging lines or shellfish spat collectors.
E.  "Surface operations" means an operational type that primarily involves the principal 
aquaculture gear floating on the ocean surface or suspended from the surface and 
connected to a major floating structure on the ocean surface, such as a raft or work 
float, in a manner that provides easy access to the marine organisms cultured, 
regardless of whether such aquaculture gear is seasonally deposited on the ocean 
bottom to avoid winter storms or icing.  The principal aquaculture gear for surface 
operations includes, but is not limited to, mussel rafts, shellfish bags or cages or 
floating upweller systems.
Sec. 2.  12 MRSA §6072, sub-§4, ¶H, as enacted by PL 1987, c. 453, §1, is 
amended to read:
H.  Include an environmental evaluation of the site upon which the decision to seek a 
lease was made. The evaluation shall must include, but not be limited to, bottom 
characteristics, resident flora, fauna and hydrography of the site if appropriate for the 
proposed lease.  If an applicant is required to include a video recording of the site or 
other information collected through a site dive as part of the environmental evaluation 
under this paragraph and the applicant is required to pay the cost associated with the 
site dive, the department shall allow the applicant to contract with any qualified 3rd-
party entity to conduct the site dive and may not require the site dive to be conducted 
by a 3rd-party entity selected by the department;
Sec. 3.  12 MRSA §6072, sub-§5-A, as amended by PL 2003, c. 660, Pt. A, §5, is 
further amended to read:
5-A.  Department site review.  Prior to the lease hearing, the department shall conduct 
an assessment of the proposed site and surrounding area to determine the possible effects 
of the lease on commercially and ecologically significant flora and fauna and conflicts with 
traditional fisheries and all other uses.  If the department requires a video recording of the 
site or other information collected through a site dive as part of the assessment under this 
subsection and the applicant is required to pay the cost associated with the site dive, the 
department shall allow the applicant to contract with any qualified 3rd-party entity to 
conduct the site dive and may not require the site dive to be conducted by a 3rd-party entity 
selected by the department. This information The information from the assessment must be 
provided to the intervenors and made available to the public 30 days before the hearing. As 
part of the site review, the department shall request information from the municipal harbor 
master about designated or traditional storm anchorages in proximity to the proposed lease.  
The commissioner may by rule establish levels of assessment appropriate to the scale or 
potential environmental risk posed by a proposed lease activity.  The rules must provide a 
method of establishing a baseline to monitor the environmental effects of a lease activity.  
Rules adopted under this subsection are major substantive rules as defined by Title 5, 
chapter 375, subchapter 2‑A.
Sec. 4.  12 MRSA §6072, sub-§13-B is enacted to read:
13-B.  Modification of operational type or principal aquaculture gear.  
Notwithstanding any provision of this chapter to the contrary and in accordance with rules 
adopted by the department pursuant to this subsection, a person holding an aquaculture 
lease issued pursuant to this section may modify the operational type of the person's 
aquaculture operation or the design of the principal aquaculture gear used by the person 
without the need for an amendment to the person's issued lease, as long as:
A.  As determined by the commissioner, the modification will not significantly increase 
navigational hazards caused by the aquaculture operation or the environmental effects 
of the aquaculture operation;
B.  The modification will not cause the operational type of the aquaculture operation 
to change from bottom operations or submerged operations to surface operations; and
C.  The modification will not cause the operational type of the aquaculture operation 
to change from bottom operations to submerged operations. 
The department shall adopt rules to implement this subsection.  Rules adopted by the 
department pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 5.  12 MRSA §6072-A, sub-§10-A is enacted to read:
10-A.  Site dive requirement.  If the department requires a video recording or other 
information to be collected through a site dive of a proposed lease site under this section 
and the applicant is required to pay the cost associated with the site dive, the department 
shall allow the applicant to contract with any qualified 3rd-party entity to conduct the site 
dive and may not require the site dive to be conducted by a 3rd-party entity selected by the 
department.
Sec. 6.  12 MRSA §6072-A, sub-§20-B is enacted to read:
20-B.  Modification of operational type or principal aquaculture gear.  
Notwithstanding any provision of this chapter to the contrary and in accordance with rules 
adopted by the department pursuant to this subsection, a person holding an aquaculture 
lease issued pursuant to this section may modify the operational type of the person's 
aquaculture operation or the design of the principal aquaculture gear used by the person 
without the need for an amendment to the person's issued lease, as long as:
A.  As determined by the commissioner, the modification will not significantly increase 
navigational hazards caused by the aquaculture operation or the environmental effects 
of the aquaculture operation;
B.  The modification will not cause the operational type of the aquaculture operation 
to change from bottom operations or submerged operations to surface operations; and
C.  The modification will not cause the operational type of the aquaculture operation 
to change from bottom operations to submerged operations. 
The department shall adopt rules to implement this subsection.  Rules adopted by the 
department pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.
Sec. 7.  12 MRSA §6080, sub-§8 is enacted to read:
8.  Subcommittee established.  The chair and vice-chair of the council shall establish 
and appoint council members to a subcommittee of the council to study and address equity 
issues for persons seeking to enter the aquaculture industry and seeking to access 
aquaculture grants; issues encountered by small aquaculture facilities; and methods of 
ensuring the aquaculture industry is inclusive and representative of the State as a whole.  
The subcommittee shall report its findings and any recommendations to the council in a 
manner directed by the chair and vice-chair.
Sec. 8.  Department of Marine Resources; shellfish hatchery guidelines.  The 
Department of Marine Resources shall establish guidelines for the operation and 
administration of shellfish hatcheries that receive state funding and that are operated by 
tribal governments or by nonprofit organizations or other nongovernmental entities.  The 
department shall make the guidelines established pursuant to this section available to those 
entities and to the public and shall take all reasonable actions to ensure compliance with 
the guidelines by those entities.
SUMMARY
This bill amends the aquaculture laws as follows.
1.  It defines the operational type of and the principal aquaculture gear used by certain 
aquaculture operations within 3 different categories: surface operations, submerged 
operations and bottom operations.  The bill amends the aquaculture lease laws to allow a 
lease holder, in accordance with rules to be adopted by the Department of Marine 
Resources, to modify the operational type of the person's aquaculture operation or the 
design of the principal aquaculture gear used by the person without the need for an 
amendment to the person's issued lease, as long as certain conditions are met. 
2.  It amends the aquaculture lease laws to provide that, if the department requires a 
video recording or other information to be collected through a site dive of a proposed lease 
site and the applicant is required to pay the cost associated with the site dive, the department 
must allow the applicant to contract with any qualified 3rd-party entity to conduct the site 
dive and may not require the site dive to be conducted by a 3rd-party entity selected by the 
department.
3.  It directs the chair and vice-chair of the Aquaculture Advisory Council established 
in the Maine Revised Statutes, Title 12, section 6080 to establish and appoint council 
members to a subcommittee of the council to study and address equity issues for persons 
seeking to enter the aquaculture industry and seeking to access aquaculture grants; issues 
encountered by small aquaculture facilities; and methods of ensuring the aquaculture 
industry is inclusive and representative of the State as a whole.
The bill also directs the department to establish guidelines for the operation and 
administration of shellfish hatcheries that receive state funding and that are operated by 
nonprofit organizations, tribal governments and other nongovernmental entities.  The 
department must make those guidelines available to those entities and to the public and 
must take all reasonable actions to ensure compliance with the guidelines by those entities.