reglab/statecodes huggingface dataset:
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6030. Department of Marine Resources Educational Fund

§6030. Department of Marine Resources Educational Fund
1.  Fund.
There is established the Department of Marine Resources Educational Fund, referred to in this section as the "fund." The department is authorized to set and receive fees to be deposited in the fund. The fund receives all funds collected by the department from the operation of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse, including admission fees, the proceeds of sales at the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and donations, grants or other funds presented to the department for the benefit of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and their educational programs. All money deposited in the fund and the earnings on the money remain in the fund to be used for the management and maintenance of the Aquarium and Resource Center at West Boothbay Harbor and the Burnt Island Living Lighthouse and their programs that educate the State's children, teachers and visitors about the State's marine resources. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the same purpose.
[PL 2003, c. 520, §1 (AMD).]
2.  Annual report.
[PL 2011, c. 598, §5 (RP).]
SECTION HISTORY
PL 1995, c. 507, §1 (NEW). PL 2003, c. 520, §1 (AMD). PL 2011, c. 598, §5 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6030-A. Burnt Island; Burnt Island Living Lighthouse; rules

§6030-A. Burnt Island; Burnt Island Living Lighthouse; rules
The commissioner may adopt such rules as are necessary to protect and preserve Burnt Island and the Burnt Island Living Lighthouse. In addition, the commissioner may adopt such rules as are necessary to provide for the successful implementation of the department-authorized educational and recreational programs that are conducted on the island. The rules may include restrictions on public access to Burnt Island and the Burnt Island Living Lighthouse as determined reasonably necessary for these purposes.   [PL 2005, c. 56, §1 (NEW).]
Rules adopted pursuant to the section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.   [PL 2005, c. 56, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 56, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6031. Governor's Marine Studies Fellowship Program

§6031. Governor's Marine Studies Fellowship Program
1.  Fellowship program established.
There is established within the department the Governor's Marine Studies Fellowship Program to encourage the study of disciplines important to the conservation, management and utilization of marine resources. Those disciplines include, but are not limited to: applied aquaculture research in culture techniques, engineering, disease prevention, diagnosis and treatment and product technology; marine science with focus on research in support of resource management and sustainability, including marine fisheries science and assessment, ecology and life history, water quality and contaminants, coastal oceanography, marine biotechnology and technology development and transfer; and marine resource policy and management. The program must provide support for undergraduate and graduate students at colleges and universities chartered in the State.
[PL 1997, c. 24, Pt. UU, §1 (NEW).]
2.  Program administration.
The commissioner shall seek the advice and participation of academic and aquaculture and fisheries industry representatives in administering the Governor's Marine Studies Fellowship Program and in the award process. The commissioner shall establish program guidelines that provide for contributing support from academic institutions and aquaculture and fishing industry organizations at a minimum matching level for non-state participation of 2 non-state dollars for each state dollar and may provide for contributions by other interests that wish to provide fellowship support.
[PL 1997, c. 24, Pt. UU, §1 (NEW).]
3.  Fund established.
There is established within the department the Governor's Marine Studies Fellowship Fund. The commissioner may receive funds from nongeneral fund sources for use in the Governor's Marine Studies Fellowship Program. All money received into the fund must be used for the purposes of the program. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the purposes of the fellowship fund.
[PL 1997, c. 24, Pt. UU, §1 (NEW).]
SECTION HISTORY
PL 1997, c. 24, §UU1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6032. Marine Recreation Fishing Conservation and Management Fund (REPEALED)

§6032. Marine Recreation Fishing Conservation and Management Fund
(REPEALED)
SECTION HISTORY
PL 1999, c. 85, §3 (NEW). PL 2009, c. 559, §1 (RPR). PL 2009, c. 559, §4 (AFF). PL 2011, c. 421, §1 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6032-A. Marine Recreation Fishing Conservation and Management Fund

§6032-A. Marine Recreation Fishing Conservation and Management Fund
1.  Fund established.
The Marine Recreation Fishing Conservation and Management Fund, referred to in this section as "the fund," is established within the department. The commissioner may receive on behalf of the fund funds from any source. All money received into the fund must be used for the purposes of the fund under subsection 2. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the purposes of the fund. Any interest earned on the money in the fund must be credited to the fund.
[PL 2011, c. 598, §6 (NEW).]
2.  Uses of fund.
The commissioner may authorize the expenditure of money from the fund for research and conservation efforts related to the saltwater recreational fishery.
[PL 2011, c. 598, §6 (NEW).]
SECTION HISTORY
PL 2011, c. 598, §6 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6033. Marine Recreational Fishing Advisory Council (REPEALED)

§6033. Marine Recreational Fishing Advisory Council
(REPEALED)
SECTION HISTORY
PL 1999, c. 85, §4 (NEW). PL 2009, c. 369, Pt. A, §24 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6035. Commercial safety fishing plan

§6035. Commercial safety fishing plan
No later than October 1st of each year, the Commercial Fishing Safety Council shall submit a commercial fishing safety plan to the commissioner that includes, but is not limited to, the council's fishing safety initiatives, any revisions to those initiatives and any new initiatives for the department to consider.   [PL 2005, c. 505, §4 (AMD).]
SECTION HISTORY
PL 2003, c. 90, §2 (NEW). PL 2005, c. 505, §4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6036. Marine Fisheries Research and Development Fund

§6036. Marine Fisheries Research and Development Fund
1.  Fund established.
The Marine Fisheries Research and Development Fund, referred to in this section as the "fund," is established as a dedicated, nonlapsing fund within the department. Unexpended balances in the fund at the end of the fiscal year may not lapse and must be carried forward to the next fiscal year and used for the purposes of this section.
[PL 2003, c. 520, §2 (NEW).]
2.  Sources and uses of fund.
Revenues from the total gasoline tax revenues credited to the fund under Title 36, section 2903-D may be used for research, development, propagation and management activities of the department. The commissioner may select activities and projects that will be most beneficial to the commercial fisheries of the State as well as the development of sport fisheries in the State. In addition to the revenues derived from the total gasoline tax revenues, the fund may receive money from any source for the purposes of this subsection.
[PL 2003, c. 520, §2 (NEW).]
3.  Allocations from fund.
[PL 2013, c. 368, Pt. LLLL, §3 (RP).]
SECTION HISTORY
PL 2003, c. 520, §2 (NEW). PL 2013, c. 368, Pt. LLLL, §3 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6037. Marine Fisheries Stock Enhancement Fund

§6037. Marine Fisheries Stock Enhancement Fund
1.  Fund established.
The Marine Fisheries Stock Enhancement Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the department to improve the marine economy in this State. Unexpended balances in the fund at the end of the fiscal year do not lapse and must be carried forward to the next fiscal year and used for the purposes of this section.
[PL 2007, c. 240, Pt. VVVV, §1 (NEW).]
2.  Uses of fund.
Money in the fund must be administered by the department for commercial marine stock enhancement to improve the marine economy in this State through applied research, development, production of harvested marine species, infrastructure, monitoring and assessment. Money in the fund may be used as federal matching funds.
[PL 2007, c. 240, Pt. VVVV, §1 (NEW).]
3.  Department may accept contributions to fund.
The department may accept money from any public or private source to augment state contributions to the fund.
[PL 2007, c. 240, Pt. VVVV, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 240, Pt. VVVV, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6039. Halibut Fund

§6039. Halibut Fund
The Halibut Fund, referred to in this section as "the fund," is established within the department.   [PL 2007, c. 615, §6 (NEW).]
1.  Sources.
The fund is capitalized by fees assessed under section 6506, subsections 4 and 5 and received through the sale of commercial halibut fishing licenses and tags. In addition to those revenues, the commissioner may accept and deposit into the fund money from any other source, public or private. All money in the fund must be used for the purposes set forth in this section.
[PL 2021, c. 627, §1 (AMD).]
2.  Purposes.
The commissioner shall use the fund for halibut research and for the implementation of management measures needed for the halibut fishery.
[PL 2007, c. 615, §6 (NEW).]
3.  Interest and balances credited to fund.
Any interest earned on the money in the fund must be credited to the fund. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year and credited to the fund.
[PL 2007, c. 615, §6 (NEW).]
SECTION HISTORY
PL 2007, c. 615, §6 (NEW). PL 2021, c. 627, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6040. Watercraft Fund (REALLOCATED FROM TITLE 12, SECTION 6038)

§6040. Watercraft Fund
(REALLOCATED FROM TITLE 12, SECTION 6038)
The Watercraft Fund, referred to in this section as "the fund," is established within the department.   [RR 2007, c. 2, §3 (RAL).]
1.  Sources.
The fund is capitalized by money collected from boat registrations pursuant to section 10206, subsection 3 and fines. In addition to those revenues, the commissioner may accept and deposit into the fund money from any other source, public or private.
[RR 2007, c. 2, §3 (RAL).]
2.  Purposes.
The commissioner shall use the fund primarily for the purpose of funding vessel operations and maintenance and safety and enforcement programs.
[RR 2007, c. 2, §3 (RAL).]
3.  Interest and balances credited to fund.
Any interest earned on the money in the fund must be credited to the fund. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year and credited to the fund.
[RR 2007, c. 2, §3 (RAL).]
SECTION HISTORY
RR 2007, c. 2, §3 (RAL).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 603: DEPARTMENT ADMINISTRATION › 12 §6041. Pelagic and Anadromous Fisheries Fund

§6041. Pelagic and Anadromous Fisheries Fund
The Pelagic and Anadromous Fisheries Fund, referred to in this section as "the fund," is established within the department. Balances in the fund may not lapse and must be carried forward to the next fiscal year.   [PL 2009, c. 527, §1 (NEW).]
1.  Uses of fund.
The commissioner shall use the fund for research directly related to pelagic or anadromous fishery management and the processing of landings data. The commissioner may authorize the expenditure of money in the fund for research and development programs that address the restoration, development or conservation of pelagic or anadromous fish resources.
[PL 2009, c. 527, §1 (NEW).]
2.  Sources of revenue.
The fund is capitalized by surcharges assessed under section 6502-A, subsection 7 and section 6502-C, subsection 5 and fees collected pursuant to section 6502‑B, subsection 4. In addition to those revenues, the commissioner may accept and deposit in the fund money from any other source, public or private.
[PL 2019, c. 640, §1 (AMD).]
SECTION HISTORY
PL 2009, c. 527, §1 (NEW). PL 2019, c. 332, §1 (AMD). PL 2019, c. 332, §3 (AFF). PL 2019, c. 640, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 1: GENERAL ACTIVITIES › 12 §6051. General department activities

§6051. General department activities
The department, under the direction of the commissioner, may conduct or sponsor programs for research and development of commercial, marine recreational and anadromous fishery resources and other marine resources of the State which may include biological, chemical, technological, hydrological, processing, depuration, marketing, financial, economic and promotional research and development. The department may carry out these programs within the department, in cooperation with other state agencies, and federal, regional and local governmental entities, or with private institutions or persons.   [PL 1987, c. 599, §1 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1987, c. 599, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 1: GENERAL ACTIVITIES › 12 §6053. General penalty

§6053. General penalty
A violation of any provision of this chapter is a civil violation, unless another penalty has been expressly provided.   [PL 2005, c. 92, §1 (NEW).]
SECTION HISTORY
PL 2005, c. 92, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6071-A. Definitions

§6071-A. Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 2007, c. 212, §1 (NEW).]
1.  Intertidal zone.
"Intertidal zone" means the shores, flats or other land between the high and mean low water mark.
[PL 2007, c. 212, §1 (NEW).]
SECTION HISTORY
PL 2007, c. 212, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6072-D. Aquaculture Management Fund

§6072-D. Aquaculture Management Fund
1.  Fund established.
The Aquaculture Management Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund within the department. All income received by the commissioner under this section must be deposited with the Treasurer of State. Any balance remaining in the fund at the end of a fiscal year does not lapse and must be carried forward to the next fiscal year. Any interest earned on assets of the fund is credited to the fund.
[PL 2003, c. 660, Pt. A, §16 (NEW).]
2.  Fees.
In accordance with the authority of the commissioner to levy lease rents pursuant to section 6072, subsections 9 and 13 and section 6072‑A, subsection 14 and application fees pursuant to section 6072, subsections 4, 12 and 12‑A, the commissioner shall adopt routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A to implement a fee structure for lease rents and application fees that are in addition to the minimum lease rents and application fees that are in effect on the effective date of this subsection. Any rent or fee assessed pursuant to this subsection that is in addition to the fees that are in effect on the effective date of this subsection must be credited to the fund. A person who does not pay the rent or fee commits a civil violation for which a fine of not more than $1,000 may be adjudged.
[PL 2003, c. 660, Pt. A, §16 (NEW).]
3.  Additional revenues.
The commissioner may expend annual revenues that are in excess of the operating expenses of a program under subsection 4 to address matters that the commissioner determines are of an emergency nature to the State's aquaculture industry, to address matters that the commissioner determines are of long-term interest to the State's aquaculture industry and to rebate revenues to all those persons who paid fees under subsection 2. The fund may receive money from any source for the purposes of this subsection.
[PL 2003, c. 660, Pt. A, §16 (NEW).]
4.  Uses of fund.
The commissioner may make expenditures from the fund 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.
[PL 2003, c. 660, Pt. A, §16 (NEW).]
5.  Reports.
The commissioner shall report annually to the Aquaculture Advisory Council under section 6080 on all expenditures made from the fund in the previous fiscal year and a summary of work accomplished and planned.
[PL 2011, c. 598, §7 (AMD).]
SECTION HISTORY
PL 2003, c. 660, §A16 (NEW). PL 2011, c. 598, §7 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6073. Exclusivity; prohibition or interference

§6073. Exclusivity; prohibition or interference
1.  Exclusivity.
Each lease for aquaculture shall be exclusive for the species and to the extent provided by the commissioner in the lease.
[PL 1977, c. 661, §5 (NEW).]
2.  Prohibition on interference.
It shall be unlawful to interfere with the rights provided in a lease.
[PL 1977, c. 661, §5 (NEW).]
2-A.  Cultchless American oysters; possession.
Prior to the point of retail sale, a person may not possess a cultchless American oyster grown in the State unless that person:
A. Is a grower licensed under section 6863, an employee of a licensed grower or an agent of a licensed grower; or   [PL 1991, c. 876, §1 (NEW).]
B. Is in the possession of a bill of sale or a bill of lading that includes the license number of the grower.   [PL 1991, c. 876, §1 (NEW).]
[PL 1991, c. 876, §1 (NEW).]
2-B.  Marking.
In the coastal waters of the State, a person may not mark or designate an area as a sea farm, aquaculture lease or other similar designation unless that area is currently leased for aquaculture or is under consideration by the department for a lease through the aquaculture lease application process.
[PL 2007, c. 212, §3 (NEW).]
3.  Penalty.
Any person who violates subsection 2-A or who knowingly and willfully violates subsection 2 is guilty of a Class D crime, except that, notwithstanding Title 17‑A, sections 4‑A, 1704 and 1705, the court shall impose a fine of not less than $1,000 and restitution may be ordered made to the owner of the lease in an amount set by the court pursuant to Title 17‑A, chapter 69.
[PL 2019, c. 113, Pt. C, §10 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1991, c. 284 (AMD). PL 1991, c. 876, §1 (AMD). PL 1995, c. 157, §1 (AMD). PL 2007, c. 212, §3 (AMD). PL 2019, c. 113, Pt. C, §10 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6073-A. Season and minimum size exemption; aquaculture

§6073-A. Season and minimum size exemption; aquaculture
The holder of a lease issued under section 6072, 6072‑A or 6072‑B or a license issued under section 6072‑C is exempt from any requirement regarding the time of taking or possessing, minimum or maximum length or other minimum or maximum size requirement for any marine organism cultivated on the leased area. The exemption applies only to those organisms actually cultivated on the leased area, except that upon harvest of finfish from the leased area pursuant to an aquaculture lease, any finfish of a species that was not cultivated on the leased area but occurred in the enclosure must also be harvested and retained for appropriate disposal by the holder of a lease. Such finfish may not be sold and may not be released or disposed of into the waters of the State and must be reported to the department at the same time as reports of the harvest are filed. The commissioner shall require a system of identification of organisms exempted under this section.   [PL 2007, c. 522, §1 (AMD).]
SECTION HISTORY
PL 1991, c. 381, §5 (NEW). PL 1999, c. 156, §1 (AMD). PL 1999, c. 575, §1 (AMD). PL 2005, c. 92, §6 (AMD). PL 2007, c. 522, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6073-B. Harvester license exemption; aquaculture

§6073-B. Harvester license exemption; aquaculture
The holder of a lease issued under section 6072, 6072‑A or 6072‑B or a license issued under section 6072‑C is exempt from any requirement under sections 6421, 6501, 6601, 6745, 6746, 6748, 6748‑A, 6748‑D, 6751, 6801‑A and 6803 to hold a separate license for the removal, possession or transport of the cultured organisms from the leased area or the licensed gear, except that, beginning May 1, 2018, a person may not sell organisms cultured on the lease site or under the limited-purpose aquaculture license without a license issued under section 6810‑B.   [PL 2017, c. 296, §1 (AMD); PL 2017, c. 296, §10 (AFF).]
Revisor's Note: §6073-B. Harvester license exemption; scallop aquaculture (As enacted by PL 2007, c. 607, Pt. A, §1 is REALLOCATED TO TITLE 12, SECTION 6073-C)
SECTION HISTORY
PL 2007, c. 522, §2 (NEW). PL 2007, c. 607, Pt. A, §1 (NEW). PL 2017, c. 296, §1 (AMD). PL 2017, c. 296, §10 (AFF).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6073-C. Harvester license exemption; scallop aquaculture (REALLOCATED FROM TITLE 12, SECTION 6073-B)

§6073-C. Harvester license exemption; scallop aquaculture
(REALLOCATED FROM TITLE 12, SECTION 6073-B)
The holder of a lease issued under section 6072, 6072‑A or 6072‑B or a license issued under section 6072‑C is exempt from any requirement under sections 6701, 6702 and 6703 to hold a separate license for the removal, possession or transport of scallops from the leased area or the licensed gear, except that, beginning May 1, 2018, a person may not sell organisms cultured on the lease site or under the limited-purpose aquaculture license without a license issued under section 6810‑B.   [PL 2021, c. 168, §2 (AMD).]
SECTION HISTORY
RR 2007, c. 2, §4 (RAL). PL 2017, c. 296, §2 (AMD). PL 2017, c. 296, §10 (AFF). PL 2021, c. 168, §2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6073-D. Season and size exemption

§6073-D. Season and size exemption
A person who is in possession of a marine organism raised by means of aquaculture and lawfully obtained under the laws of the State is exempt from any requirement regarding the time of taking or possessing, minimum or maximum length or other minimum or maximum size requirement, except that this section does not apply to the requirements for lobsters, sturgeon and striped bass. This exemption applies to aquaculture products that do not meet the legal size or season requirements for wild-caught marine organisms of the same species.   [PL 2009, c. 229, §8 (NEW).]
The person possessing the marine organism must maintain sufficient documentation to prove the aquacultural origin of the marine organism, including, but not limited to, documents indicating the point of origin, quantity and dates of production or purchase of all cultured marine organisms exempted by this section, and the holder must present the documentation for inspection to department personnel upon request. A consumer in possession of such a marine organism may present a valid sales receipt to satisfy this requirement. It is prima facie evidence of possession of a marine organism in violation of the law if the person possessing the marine organism cannot present sufficient evidence to prove its aquacultural origin.   [PL 2009, c. 229, §8 (NEW).]
This section does not exempt the possessor of the marine organism from any requirement to hold a lease or license pursuant to section 6072, 6072‑A, 6072‑B, 6072‑C or 6085 to engage in the culture of marine organisms.   [PL 2019, c. 310, §4 (AMD).]
SECTION HISTORY
PL 2009, c. 229, §8 (NEW). PL 2017, c. 94, §4 (AMD). PL 2019, c. 310, §4 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6075. Pathology program

§6075. Pathology program
1.  Purposes.
The purposes of this section are to increase the availability of pathological assessment of shellfish stock to be introduced into the State for culturing purposes, of culturing facilities and areas and of shellstock to be exported to other states and countries. This shall be provided as a service to protect the state's waters and other resources, and to support the shellfish industries of the State.
[PL 1983, c. 559, §1 (NEW).]
2.  Responsibilities.
The department shall be the state agency responsible for carrying out necessary shellfish pathology services related to the importation and exportation of shellfish.
[PL 1983, c. 559, §1 (NEW).]
SECTION HISTORY
PL 1983, c. 559, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6076. Marine Shellfish Toxins Monitoring Program

§6076. Marine Shellfish Toxins Monitoring Program
1.  Purpose.
A comprehensive Marine Shellfish Toxins Monitoring Program is established to protect the public health while providing for the harvest of susceptible species of marine mollusks in areas not shown to be affected by contamination.
[PL 1989, c. 205, §2 (AMD).]
2.  Responsibilities.
The department is the state agency responsible for implementing the program.
[PL 2011, c. 527, §1 (AMD).]
SECTION HISTORY
PL 1985, c. 784, §1 (NEW). PL 1989, c. 205, §2 (AMD). PL 2011, c. 527, §1 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6078. Salmon Aquaculture Monitoring, Research and Development Fund (REPEALED)

§6078. Salmon Aquaculture Monitoring, Research and Development Fund
(REPEALED)
SECTION HISTORY
PL 1991, c. 381, §7 (NEW). PL 1993, c. 562, §2 (AMD). RR 1995, c. 2, §§21,22 (COR). PL 1995, c. 176, §1 (RP). PL 1995, c. 176, §3 (AFF). PL 1995, c. 609, §2 (RPR). PL 1997, c. 189, §1 (AMD). PL 1999, c. 156, §4 (AMD). PL 2003, c. 247, §18 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6078-A. Aquaculture Monitoring, Research and Development Fund

§6078-A. Aquaculture Monitoring, Research and Development Fund
1.  Fund established.
The Aquaculture Monitoring, Research and Development Fund, referred to in this section as "the fund," is established. In addition to the fees derived pursuant to rules adopted under subsection 6, the commissioner may receive on behalf of the fund funds from any source. All income received by the commissioner under this section must be deposited with the Treasurer of State, tracked according to its source and credited to the fund. Any balance remaining in the fund at the end of a fiscal year does not lapse but must be carried forward to the next fiscal year. Any interest earned on assets of the fund is credited to the fund. All records related to harvests submitted by aquaculture lease holders are considered proprietary information for the purposes of section 6077, subsection 4.
[PL 2013, c. 301, §6 (AMD).]
2.  Fees.
[PL 2005, c. 92, §7 (RP).]
3.  Expenditures; purpose.
The commissioner may make expenditures from the fund to develop effective and cost-efficient water quality licensing and monitoring criteria, analyze and evaluate monitoring data and process lease applications. The commissioner shall expend the fund amounts in proportion to the amounts of revenue from finfish sources and shellfish sources. The commissioner may contract for services privately or under memoranda of agreement with other state agencies.
[PL 2011, c. 344, §18 (AMD).]
4.  Additional revenues.
[PL 2005, c. 92, §8 (RP).]
5.  Reports.
[PL 2011, c. 598, §8 (RP).]
6.  Rules.
The commissioner may adopt rules pursuant to this section only after consultation with the aquaculture industry that clearly establish the recommended framework for lease rents, application fees and production fees as well as the related personnel or contracting costs funded by the recommended fee increases. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2003, c. 247, §19 (NEW).]
SECTION HISTORY
PL 2003, c. 247, §19 (NEW). PL 2003, c. 660, §§A19,20 (AMD). PL 2005, c. 92, §§7,8 (AMD). PL 2009, c. 240, §15 (AMD). PL 2011, c. 344, §18 (AMD). PL 2011, c. 598, §8 (AMD). PL 2013, c. 301, §6 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6079. Aquacultural use of antibiotics; notice (REPEALED)

§6079. Aquacultural use of antibiotics; notice
(REPEALED)
SECTION HISTORY
PL 1991, c. 381, §7 (NEW). PL 1997, c. 231, §7 (AMD). PL 2009, c. 229, §9 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6080. Aquaculture Advisory Council

§6080. Aquaculture Advisory Council
1.  Appointment; composition.
The Aquaculture Advisory Council, referred to in this section as the "council" and established by Title 5, section 12004-I, subsection 57-C, consists of 5 members. The commissioner or the commissioner's designee is a nonvoting, ex officio member of the council. The commissioner shall appoint 4 members from the State's aquaculture industry. No more than 2 of the appointed members may represent similar segments of the State's aquaculture industry.
[PL 2011, c. 598, §9 (REEN).]
2.  Term.
Council members serve for 3 years and continue serving until a successor is duly appointed and qualified. In the case of a vacancy, the commissioner shall promptly fill the vacancy.
[PL 2011, c. 598, §9 (REEN).]
3.  Purpose.
The council shall make recommendations to the commissioner concerning expenditures from the Aquaculture Management Fund for the purposes described under section 6072-D and concerning other matters of interest to the aquaculture industry.
[PL 2011, c. 598, §9 (REEN).]
4.  Chair and officers.
The council annually shall choose one of its members to serve as chair for a one-year term. The council may select other officers and designate their duties.
[PL 2011, c. 598, §9 (REEN).]
5.  Meetings.
The council shall meet at least once each year. It may also meet at other times at the call of the chair or the chair's designee or the commissioner or the commissioner's designee. The council may conduct a meeting by means of a conference call linking 2 or more members of the council.
[PL 2011, c. 598, §9 (REEN).]
6.  Repeal.
[PL 1999, c. 156, §5 (RP).]
SECTION HISTORY
RR 1995, c. 2, §23 (COR). PL 1995, c. 609, §3 (NEW). PL 1997, c. 189, §2 (AMD). PL 1999, c. 156, §5 (AMD). PL 2003, c. 247, §20 (AMD). PL 2005, c. 92, §9 (AMD). PL 2011, c. 344, §19 (RP). PL 2011, c. 598, §9 (REEN).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6081. Aquaculture Research Fund

§6081. Aquaculture Research Fund
The Aquaculture Research Fund, referred to in this section as the "fund," is established as a dedicated, nonlapsing fund within the department. In addition to the fees derived from the limited-purpose aquaculture license, the commissioner may receive on behalf of the fund funds from any source. The commissioner shall use all money received into the fund for research and management related to the aquaculture industry. Unexpended balances in the fund at the end of the fiscal year do not lapse but must be carried forward to the next fiscal year to be used for the purposes of the fund.   [PL 1999, c. 567, §3 (NEW).]
SECTION HISTORY
PL 1999, c. 567, §3 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6082. Confidentiality provisions for aquaculture information from other jurisdictions

§6082. Confidentiality provisions for aquaculture information from other jurisdictions
Information obtained from other state, federal or foreign government agencies about aquaculture operations in other states, foreign countries or the exclusive economic zone that is designated as confidential by the jurisdiction from which it is obtained and that must remain confidential as a condition of receipt must be kept confidential by the department. Such information is not a public record as defined in Title 1, section 402, subsection 3. This section does not apply to aquaculture operations conducted in Maine.   [PL 2007, c. 212, §4 (NEW).]
SECTION HISTORY
PL 2007, c. 212, §4 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6083. Lease option

§6083. Lease option
1.  Lease option.
A person may apply for a lease option that conveys the right to file an application for an aquaculture lease under section 6072, 6072‑A or 6072‑B for a particular area of the submerged lands of the State and for a defined period of time. The department may not accept an application for an aquaculture lease pursuant to section 6072, 6072‑A or 6072‑B or an application for a limited-purpose aquaculture license pursuant to section 6072‑C in an area that is under a lease option, except as described in subsection 2.
[PL 2009, c. 229, §10 (NEW).]
2.  Other claims of preference.
A lease option under this section does not supersede the provisions for application preference in section 6072, subsection 8 and section 6072‑A, subsection 12. Competing aquaculture lease applications from persons claiming preference under section 6072, subsection 8 or section 6072‑A, subsection 12 must be evaluated by the department to determine if the claim of preference is valid and, if it is found to be valid, the holder of the lease option may cancel the lease option and receive a fee refund prorated for the remainder of the term of the lease option.
[PL 2009, c. 229, §10 (NEW).]
3.  Issuance criteria.
The applicant for a lease option under this section must demonstrate that the site is being assessed in good faith for its suitability for aquaculture and that there is a reasonable likelihood that an application for an aquaculture lease will be filed during the term of the lease option. The area proposed for lease option may not contain an existing aquaculture lease or license or include an area that is part of an aquaculture lease or license application under consideration by the department.
[PL 2009, c. 229, §10 (NEW).]
4.  Fee.
The fee for issuance of a lease option under this section may be up to $500 for the first acre plus up to $50 for each additional acre, the amount to be established in rules adopted by the commissioner. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
[PL 2009, c. 229, §10 (NEW).]
SECTION HISTORY
PL 2009, c. 229, §10 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6084. Nonpayment of aquaculture lease fees

§6084. Nonpayment of aquaculture lease fees
If a holder of an aquaculture lease or license under this subchapter fails to pay any related fees or charges, the commissioner may refuse to renew or issue any marine resources license or permit to the holder of the aquaculture lease or license.   [PL 2009, c. 229, §11 (NEW).]
SECTION HISTORY
PL 2009, c. 229, §11 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6085-A. Land-based aquaculture; reporting (REPEALED)

§6085-A. Land-based aquaculture; reporting
(REPEALED)
SECTION HISTORY
PL 2017, c. 94, §6 (NEW). PL 2019, c. 310, §6 (RP).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6087. Seaweed Fisheries Advisory Council

§6087. Seaweed Fisheries Advisory Council
1.  Appointment; composition.
The Seaweed Fisheries Advisory Council, established by Title 5, section 12004‑I, subsection 57‑H and referred to in this section as "the council," consists of 7 members appointed by the commissioner as follows:
A. Two members who process seaweed or hold either a seaweed permit or seaweed buyer's license;   [PL 2017, c. 52, §2 (NEW).]
B. Two members who are seaweed aquaculture lease holders or their designees;   [PL 2017, c. 52, §2 (NEW).]
C. One member of the scientific community;   [PL 2017, c. 52, §2 (NEW).]
D. One member who harvests seaweed; and   [PL 2017, c. 52, §2 (NEW).]
E. One member of the public.   [PL 2017, c. 52, §2 (NEW).]
The commissioner shall make appointments so that the composition of the council reflects the diversity of the State's seaweed operations.
[PL 2017, c. 52, §2 (NEW).]
2.  Purpose.
The council shall:
A. Make recommendations to the commissioner on all matters concerning the health of the seaweed resource, its ecosystem and the industry it supports; and   [RR 2017, c. 1, §4 (COR).]
B. Make recommendations to the commissioner regarding expenditures from the Seaweed Management Fund as described in section 6806.   [PL 2017, c. 52, §2 (NEW).]
[RR 2017, c. 1, §4 (COR).]
3.  Term.
The term of a member appointed to the council is 3 years, except that a vacancy during an unexpired term must be filled in the same manner as for the original member for the unexpired portion of the member's term. A member may not serve more than 2 consecutive terms.
[PL 2017, c. 52, §2 (NEW).]
4.  Officers.
The officers of the council are the chair, vice-chair and secretary. The term of the officers is one year. The council shall elect a member of the council for each officer position at the first regular meeting of each year.
[PL 2017, c. 52, §2 (NEW).]
5.  Meeting.
The council shall meet at least once a year. It may also meet at other times at the call of the commissioner.
[PL 2017, c. 52, §2 (NEW).]
SECTION HISTORY
RR 2017, c. 1, §4 (COR). PL 2017, c. 52, §2 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 2: LEASES AND SPECIAL LICENSES › 12 §6088. Municipal fees

§6088. Municipal fees
If a person submits an application to the commissioner for a lease or license under this subchapter and the municipality provides the commissioner with information necessary for the completion of that lease or license application, the municipality may not charge that person a fee of more than $50 for the administrative costs associated with providing that information to the commissioner on that person's behalf.   [PL 2019, c. 112, §1 (NEW).]
SECTION HISTORY
PL 2019, c. 112, §1 (NEW).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 3: INSPECTION AND QUALITY CONTROL › 12 §6102. Mandatory quality control program

§6102. Mandatory quality control program
The commissioner may, in accordance with the most modern public health and food protection practices, establish and maintain effective surveillance and inspection of all segments of the State's fishing industries. The commissioner may establish a program to carry out this responsibility. The program may include provisions similar to those of section 6856 and section 6101, including any additional inspection, licensing and certification requirements that are necessary to insure proper sanitation and quality control. The commissioner may adopt or amend rules prescribing the minimum standards for establishments and for sanitation and quality control of the processing of any marine organism or its products. Each set of rules must be based on the particular operational requirements of the species or phase of industry being regulated and must conform to the latest state or federal sanitation standards.   [RR 2021, c. 2, Pt. B, §32 (COR).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1979, c. 672, §A50 (AMD). PL 1981, c. 705, §C1 (AMD). RR 2021, c. 2, Pt. B, §32 (COR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 3: INSPECTION AND QUALITY CONTROL › 12 §6103. Implementation of fishery product or shellfish inspection programs

§6103. Implementation of fishery product or shellfish inspection programs
The Commissioner of Agriculture, Conservation and Forestry and the Commissioner of Marine Resources shall cooperate in developing and implementing any fishery product or shellfish inspection programs. Those programs must meet the standards established by the Commissioner of Agriculture, Conservation and Forestry under the Maine Food Law.   [PL 2005, c. 434, §2 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]
SECTION HISTORY
PL 1981, c. 705, §C2 (NEW). PL 1989, c. 57, §3 (AMD). PL 1991, c. 784, §4 (AMD). PL 2005, c. 434, §2 (AMD). PL 2011, c. 657, Pt. W, §6 (REV).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 3-A: SURIMI OR SURIMI PRODUCTS › 12 §6111. Definitions

§6111. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.   [PL 1985, c. 254 (NEW).]
1.  Surimi.
"Surimi" means an intermediate manufactured seafood product derived from minced fish meat, washed to remove water-soluble protein, blood or other undesirable components and mixed with additives, containing sugars or sodium, or both, to enhance its frozen storage and functional characteristics.
[PL 1985, c. 622, §1 (RPR).]
2.  Surimi-based analogue.
[PL 1985, c. 622, §2 (RP).]
SECTION HISTORY
PL 1985, c. 254 (NEW). PL 1985, c. 622, §§1,2 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 3-A: SURIMI OR SURIMI PRODUCTS › 12 §6112. Labeling of food products containing surimi

§6112. Labeling of food products containing surimi
A food product may not be sold in this State consisting of or containing surimi unless the packaging containing the food product is clearly and conspicuously labeled or, if there is no packaging, unless a sign is conspicuously displayed, indicating that the product is "imitation lobster," "imitation crab," "imitation" followed by the name of the seafood imitated, "processed seafood," "surimi," "lobster-processed seafood salad," "crab-processed seafood salad" or other terms as approved by the Department of Marine Resources through rules adopted in accordance with Title 5, chapter 375, subchapter II. Any term approved by that department is sufficient to notify the public that the product contains surimi.   [PL 1991, c. 378 (AMD).]
SECTION HISTORY
PL 1985, c. 254 (NEW). PL 1985, c. 622, §3 (RPR). PL 1991, c. 378 (AMD).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 3-A: SURIMI OR SURIMI PRODUCTS › 12 §6113. Serving food containing surimi

§6113. Serving food containing surimi
No food containing surimi or a surimi product may be served in any eating establishment in the State whether for consumption on or off the premises, unless on the menu and all notices advertising the food it is clearly and conspicuously labeled as "imitation lobster," "imitation crab," "imitation" followed by the name of the seafood imitated, "processed seafood," "surimi," "lobster-processed seafood salad," "crab-processed seafood salad" or other terms as approved by the Department of Marine Resources through rules adopted in accordance with Title 5, chapter 375, subchapter II. Any term approved by that department shall be sufficient to notify the public that the product contains surimi.   [PL 1985, c. 622, §4 (RPR).]
SECTION HISTORY
PL 1985, c. 254 (NEW). PL 1985, c. 622, §4 (RPR).
2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 9: MARINE RESOURCES › Subpart 1: ADMINISTRATION › Chapter 605: GENERAL DEPARTMENT ACTIVITIES › Subchapter 3-A: SURIMI OR SURIMI PRODUCTS › 12 §6114. Violation; enforcement

§6114. Violation; enforcement
1.  Forfeiture.
A violation of this subchapter is a civil violation for which a forfeiture not to exceed $100 may be adjudged.
[PL 2001, c. 421, Pt. B, §13 (AMD); PL 2001, c. 421, Pt. C, §1 (AFF).]
SECTION HISTORY
PL 1985, c. 254 (NEW). PL 2001, c. 421, §B13 (AMD). PL 2001, c. 421, §C1 (AFF).