Code of Maine Rules › 13 - DEPARTMENT OF MARINE RESOURCES › 188 - MARINE RESOURCES - GENERAL › Chapter 2 - AQUACULTURE LEASE REGULATIONS › Section 188-2-05 - Definitions

Current through 2024-29, July 17, 2024
1. The definitions set forth in 12 M.R.S.A.
				§
									6072 shall apply
				to the terms used in this chapter.
A.
				Aquaculture.
"Aquaculture" means the culture or husbandry of marine
				  organisms by any person. In order to qualify as aquaculture, a project must
				  involve affirmative action by the individual to improve the growth rate,
				  survivability or quality of the marine organism. These activities do not
				  include impounding lobsters, wet storage or activities conducted under the
				  authority of municipal shellfish conservation programs in accordance with 12
				  M.R.S.A. §
											6671(3)(A)(3).
B. Culture or Husbandry.
"Culture or husbandry" means the production, development or
				  improvement of a marine organism.
C. Riparian Owner.
For the purposes of 12 M.R.S.A. Chapter 605 Subchapter 2
				  "riparian owner" means a shorefront property owner whose property boundaries
				  are within 1000 feet of the proposed lease boundaries.
D. Existing or Potential Uses.
"Existing or Potential Uses" means all water-related
				  activities and resources including, but not limited to, commercial and
				  recreation fisheries, marine transportation, aquaculture, and
				  boating.
E. Adverse Effects.
"Adverse Effects" means impediments to water-related
				  activities or unreasonable interference with natural processes supporting those
				  activities. This includes, but is not limited to, floating or submerged
				  obstruction, habitat destruction, natural flora and fauna displacement, current
				  flow alteration, and lowered water quality.
F. Structure.
"Structure" means anything that is constructed or erected
				  with a fixed location, or attached to anything with a fixed location, on
				  intertidal or subtidal lands.
G. Discharge.
"Discharge" means, for the purpose of this Chapter only, any
				  spilling, leaking, pumping, pouring, emptying, dumping, disposing or other
				  addition of any pollutant including, but not limited to, the addition of feed,
				  therapeutants or pesticides to waters of the State.
H. Scientific research.
"Scientific research" is a study or investigation intended to
				  lead to new discoveries or advances within its field or to impact on the
				  progress in that field, as determined by the Department. In making its
				  decision, the Department shall consider the nature, funding and objective of
				  the planned research, and the disposition of organisms used in research. The
				  results of any scientific research shall be part of the public
				  record.
I. Commercial
				research and development.
"Commercial research and development" means a study by any
				  person or company designed to try new species, new growing or harvesting
				  techniques, new sites or to determine the commercial viability of an operation.
				  The results of such research will not be part of the public
				  record.
J. LPA license
				Health Areas.
"Limited-purpose aquaculture (LPA) license Health Areas"
				  means the territorial waters described as follows:
(1) Area 1: Downeast and Canada border
Eastern Line - Head of tide on the St. Croix River and
				  International Boundary Line Canada and the U.S. (Maine).
Western Line from West Quoddy Head Lighthouse extending
				  bearing 40° magnetic to the International Boundary Line Canada and the U.S.
				  (Maine).
(2) Area 2: West of
				Quoddy Head to Schoodic Point
Eastern Line - West Quoddy Head Lighthouse extending bearing
				  40° magnetic to the International Boundary Line Canada and the U.S.
				  (Maine).
Western Line - from Schoodic Point due South (True) to the
				  boundary of Maine's territorial waters.
(3) Area 3: Schoodic Point to the Maine - New
				Hampshire border
Eastern Line - from Schoodic Point due South (True) to the
				  boundary of Maine's territorial waters.
Western Line - the Maine and New Hampshire border.
(4) Area 4: Damariscotta River
Head of tide to a line drawn from Emerson Point, at the
				  southern most tip of Ocean Point in the town of Boothbay, easterly to Thrumcap
				  Island, then northerly to the southern tip of Rutherford Island, South
				  Bristol.
(5) Area 5: Casco
				Bay
Eastern Line - Small Pt. due South Magnetic to the boundary
				  of the territorial waters.
Western Line - A straight line from Active Lt. 2 Lt's. Cape
				  Elizabeth to C "1" East Hue & Cry (43° 31.9N)(70° 08.8W); then
				  proceed WSW to the boundary of the territorial waters.
K. Fallow.
"Fallow" means a lease site without cultured
				  organisms.
L. Mean Low-Water
"Mean low-water" means the average low tide. An
				  approximation of mean low-water is made by observing the low-water mark when
				  the tide height is at 0.0 feet as indicated on a tide table.
M. Operational Plan for Leases and Limited
				Purpose Aquaculture Licenses
"Operational plan" means a written document outlining how a
				  lease or license operator will utilize the authorized aquaculture site and
				  structures and handle product to, on and from the site. The completed lease or
				  license application, final lease or license decision, executed lease agreement,
				  and any Department authorized amendments thereto, may be used as an operational
				  plan. If a lease operator elects to develop a written operational plan it must
				  comply with the completed lease or license application, final lease, or license
				  decision, executed lease agreement, and any Department authorized
				  amendments.
N. Pending.
"Pending" means an application in process, from the date of
				  receipt until final agency action, or until the application has been terminated
				  or withdrawn.