§ 12 §6072-C — Limited-purpose aquaculture license

1.
License required.
A person may not engage in the activities authorized under this section without a current limited-purpose aquaculture license or a lease issued under this Part authorizing the activities.
2.
Licensed activities.
The holder of a limited-purpose aquaculture license may place marine organisms on the ocean bottom without gear or utilize approved aquaculture gear in a site in the coastal waters of the State to engage in certain aquaculture activities that meet the criteria established in subsection 2‑A and in rules adopted by the commissioner. Except as provided in subsection 2‑C, the license also authorizes unlicensed individuals to assist the license holder in the licensed activities only with the direct supervision of the license holder.
2-A.
Criteria.
The commissioner, or qualified professional department staff designated in writing by the commissioner, may issue a limited-purpose aquaculture license for certain aquaculture activities if:
2-B.
Exceptions.
Upon request, the commissioner may grant the holder of a limited-purpose aquaculture license an exception to the requirement in subsection 2 that the license holder provide direct supervision of unlicensed individuals assisting the license holder in the licensed activities at the license holder's limited-purpose aquaculture license site. The commissioner may grant exceptions to:
2-C.
Primary assistant.
The holder of a limited-purpose aquaculture license may designate one unlicensed individual as a primary assistant. Notwithstanding subsection 2, a primary assistant may conduct the licensed activities without the direct supervision of the license holder. If an individual is designated by the license holder as a primary assistant, the limited-purpose aquaculture license on which the individual is designated a primary assistant counts against the total number of licenses the primary assistant may hold under subsection 2‑A, paragraph G. An individual may be the primary assistant on no more than 4 limited-purpose aquaculture licenses.
3.
Eligibility.
A limited-purpose aquaculture license may be issued only to an individual who is 12 years of age or older or to a municipal shellfish management committee established pursuant to section 6671 that has met any requirements established under subsection 3‑A.
3-A.
Educational courses.
Prior to the issuance or renewal of a limited-purpose aquaculture license, the commissioner may require the applicant to complete any educational courses the commissioner determines appropriate, except that an applicant that is exempt from payment of an application fee as provided in subsection 6‑A may not be required to complete an educational course. Educational courses may be provided by the department or by any public or private sector association or organization authorized by the commissioner. For any course provided by the department, the commissioner shall set an enrollment fee sufficient to recover all costs incurred by the department in providing the course.
4.
License limitations.
The issuance of a limited-purpose aquaculture license does not constitute the issuance of a lease of an area in, on or under the coastal waters.
4-A.
Preference.
If a person applies to lease an area that is the subject of a limited-purpose aquaculture license, the department shall notify the holder of the limited-purpose aquaculture license. If the holder of the limited-purpose aquaculture license documents to the department that that holder wants to lease the area, preference must be given as follows:
5.
Application.
The application for a limited-purpose aquaculture license must:
6.
Fee.
Except as provided in subsection 6‑A, the application fee for a resident limited-purpose aquaculture license is $100 and for a nonresident limited-purpose aquaculture license is $400. The application fee is nonrefundable. All fees collected under this subsection must be deposited in the Aquaculture Research Fund established in section 6081.
6-A.
Fee exemptions.
The commissioner may not assess an application fee for a limited-purpose aquaculture license that is issued to:
7.
Prohibition; molesting gear.
A person other than a marine patrol officer, the licensed owner of the gear or the licensed owner's assistant, with written permission from the licensed owner, may not utilize, raise, lift, transfer, possess or in any manner molest any approved aquaculture gear that is deployed under a current limited-purpose aquaculture license.
7-A.
Prohibition; taking product.
A person other than a marine patrol officer or the license holder, or the license holder's assistant with written permission from the license holder, may not take any marine organism grown by the license holder under the license in the area designated on the license and marked in accordance with applicable rules.
7-B.
Prohibition; transporting organisms.
A person may not transport organisms grown under a limited-purpose aquaculture license that is designated for personal use to an area that is the subject of a limited-purpose aquaculture license that is designated for commercial use.
8.
Rules.
The commissioner shall adopt rules to implement this section, including, but not limited to, rules establishing the type of gear that is approved aquaculture gear for the purposes of a limited-purpose aquaculture license, minimum standards for maintaining gear, methods of gear identification and license application and review procedures. The commissioner may adopt rules to limit the period of the year during which license applications may be submitted. Rules adopted under this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A.
9.
Violation; restitution.
A person who violates this section commits a civil violation for which a fine of not less than $100 for each violation may be adjudged. If a person violates subsection 7 by cutting any lines or marker buoys or intentionally damaging approved aquaculture gear, the court shall also:
10.
Reporting requirement; confidentiality.
A holder of a limited-purpose aquaculture license shall annually submit to the department a seeding and harvesting report for the past year and a seeding and harvesting plan for the coming year. Information provided in seeding and harvesting reports submitted by a license holder under this subsection is considered confidential information reported to the commissioner pursuant to section 6173.

Legislative History

PL 1999, c. 567, §2 (NEW). PL 2001, c. 421, §§B10-12 (AMD). PL 2001, c. 421, §C1 (AFF). PL 2003, c. 247, §16 (AMD). PL 2005, c. 92, §5 (AMD). PL 2007, c. 212, §2 (AMD). PL 2009, c. 229, §§5-7 (AMD). PL 2013, c. 509, §§6-8 (AMD). PL 2017, c. 159, §6 (AMD). PL 2019, c. 232, §1 (AMD). PL 2021, c. 52, §§13-17 (AMD). PL 2021, c. 52, §21 (AFF). PL 2023, c. 98, §§1-3 (AMD). PL 2023, c. 207, §20 (AFF).