§ 12 §6072 — Research and aquaculture leases

Maine § 12 §6072

• Jurisdiction: Maine
• Title 12: CONSERVATION
• Part 9: MARINE RESOURCES
• Ch. 605: GENERAL DEPARTMENT ACTIVITIES

Text

1.
Authority.
The commissioner may lease areas in, on and under the coastal waters, including the public lands beneath those waters and portions of the intertidal zone, for scientific research or for aquaculture of marine organisms. The commissioner may grant a lease to any person. Except as provided in this Part, the commissioner's power to lease lands under this section is exclusive. For the purposes of this section, the deputy commissioner may serve in the place of the commissioner. For the purposes of this section, the commissioner or the deputy commissioner serving in the place of the commissioner may authorize in writing qualified professional department staff to sign lease documents.
1-A.
Lease requirement; finfish and suspension culture.
Except as provided in 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.
2.
Limitations of lease.
The commissioner shall determine the provisions of each lease, provided:
3.
Municipal approval.
In any municipality with a shellfish conservation program under section 6671, the commissioner may not lease areas in the intertidal zone within the municipality without the consent of the municipal officers.
4.
Applications.
The application shall:
4-A.
Application information.
A person who applies for a lease in an area for which that person has been issued a limited-purpose lease under section 6072‑A or an emergency aquaculture lease under section 6072‑B may submit any information utilized in applying for a limited-purpose lease or an emergency lease to meet the application requirements of this section. If the commissioner determines the information is not valid or relevant to a lease application under this section, the commissioner must require a person to submit additional information.
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 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 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.
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. This information 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.
6.
Hearing procedure.
Prior to granting a lease, the commissioner shall hold a hearing. The hearing shall be an adjudicatory proceeding and shall be held in the manner provided under the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV and the specific procedures of this section.
7.
Decision.
7-A.
Decision.
In evaluating the proposed lease, the commissioner shall take into consideration the number and density of aquaculture leases in an area and may grant the lease if the proposed lease meets the following conditions as defined by rule.
7-B.
Conditions.
The commissioner may establish conditions that govern the use of the leased area and limitations on the aquaculture activities. These conditions must encourage the greatest multiple, compatible uses of the leased area, but must also address the ability of the lease site and surrounding area to support ecologically significant flora and fauna and preserve the exclusive rights of the lessee to the extent necessary to carry out the lease purpose.
8.
Preference.
If more than one person applies to lease an area, preference must be given as follows:
8-A.
Preference for limited-purpose lease areas.
9.
Rents.
After consulting with the Director of the Bureau of Parks and Lands, the commissioner shall determine the rent that must be paid under each lease. The rent must represent a fair value based upon the use of and any structures in the leased area, but in no instance may the rental fee be set at less than $50 an acre or more than $100 an acre. The commissioner has the discretion to increase the rental fees for categories of leases. These changes may take effect over the term of a lease. The commissioner also may discount a portion of the rental fee during the first 2 years of operation of a new lease. This discounted rate may not be less than $50 an acre.
10.
Notification of granted leases.
After the granting of a lease:
11.
Monitoring and revocation of leases.
The department shall monitor a lease under this section on an annual basis. If aquaculture has been conducted in a manner substantially injurious to marine organisms or public health, if no substantial aquaculture or research has been conducted over the course of the lease or if any condition of the lease or any minimum lease maintenance standard adopted pursuant to subsection 13, paragraph A has been violated, the commissioner may initiate revocation proceedings and revoke the lease. A lease revocation is an adjudicatory proceeding under Title 5, chapter 375, subchapter 4. The department shall hold a hearing with public notice prior to revoking any lease.
11-A.
Lease assignment.
The commissioner shall assign leases in accordance with this subsection.
12.
Renewal.
The commissioner shall renew a lease if:
12-A.
Transferability.
A lease under this section may be transferred to another person for the remaining portion of its term subject to the conditions in this subsection. A lease transfer is not an adjudicatory proceeding.
12-B.
Extension of lease.
12-C.
Expansion of lease.
A person who has held a lease under this section for at least 2 years from the date the lease was originally executed may apply to the commissioner to expand the contiguous area of the lease by up to 25%, but may not expand by more than 4 acres, once during the duration of the term of the lease pursuant to this subsection.
12-D.
Conversion of limited-purpose lease for commercial purposes.
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 section as long as the application is for the same lease area and same operations authorized by the limited-purpose lease. The commissioner shall convert the limited-purpose lease as soon as possible following receipt of a complete application that meets the requirements of this subsection.
13.
Rules.
The commissioner may adopt or amend rules:
13-A.
Lease acreage increase; fallowing.
The commissioner may require a person to submit an annual fallowing plan and a reassessment schedule for that plan to the commissioner that identifies lease sites that have been actively operated during the lease period and that will be fallowed. The commissioner shall review the plan and reassessment schedule and may approve them, reject them or request changes. Revisions to the plan must be submitted in accordance with the reassessment schedule unless the commissioner authorizes an exception due to extraordinary circumstances.
14.
Conflicts.
Whenever a project described in a pending aquaculture lease conflicts or could conflict with a project described in a pending submerged lands act lease, the commissioner and the Commissioner of Agriculture, Conservation and Forestry shall determine which project is in the best interests of the State.
15.
Rules.
16.
Lease-by-rule; small-scale finfish and suspended shellfish operations.
17.
Restitution.
A person who cuts any lines or marker buoys or intentionally damages approved aquaculture gear commits a civil violation for which a fine of not less than $100 for each violation may be adjudged. In addition, the court shall:
18.
Violation.
A person who violates a condition of a lease under this section commits a civil violation for which a fine of not less than $100 for each violation may be adjudged.

Legislative History

PL 1977, c. 661, §5 (NEW). PL 1981, c. 609, §§1-4 (AMD). PL 1983, c. 301, §§1-4 (AMD). PL 1987, c. 453, §1 (AMD). PL 1987, c. 891 (AMD). PL 1991, c. 381, §§3,4 (AMD). PL 1993, c. 409, §1 (AMD). PL 1993, c. 525, §§1,2 (AMD). PL 1995, c. 383, §§1-3 (AMD). PL 1995, c. 502, §E30 (AMD). PL 1997, c. 138, §§1-7 (AMD). PL 1997, c. 231, §§2-5 (AMD). PL 1997, c. 609, §§1-3 (AMD). PL 1999, c. 267, §§1,2 (AMD). PL 1999, c. 567, §1 (AMD). PL 1999, c. 591, §§1,2 (AMD). PL 2003, c. 247, §§2-8 (AMD). PL 2003, c. 660, §§A3-14 (AMD). PL 2005, c. 92, §§2,3 (AMD). PL 2005, c. 535, §§1-4 (AMD). PL 2009, c. 229, §§1-3 (AMD). PL 2009, c. 240, §8 (AMD). PL 2011, c. 93, §§1-4 (AMD). PL 2011, c. 655, Pt. II, §4 (AMD). PL 2011, c. 655, Pt. II, §11 (AFF). PL 2011, c. 657, Pt. W, §§5-7 (REV). RR 2013, c. 1, §22 (COR). PL 2013, c. 301, §1 (AMD). PL 2013, c. 405, Pt. A, §24 (REV). PL 2013, c. 509, §§1, 2 (AMD). PL 2013, c. 512, §1 (AMD). PL 2015, c. 68, §1 (AMD). PL 2017, c. 159, §§2-5 (AMD). PL 2021, c. 52, §§1-9 (AMD). PL 2021, c. 557, §1 (AMD). PL 2021, c. 581, §1 (AMD). PL 2021, c. 676, Pt. A, §28 (AMD). PL 2023, c. 268, §§1-3 (AMD). PL 2023, c. 564, §§1-8 (AMD). PL 2025, c. 389, §§1, 2 (AMD). PL 2025, c. 389, §7 (AFF).