§ 12 §6086 — Abandoned aquaculture equipment and stock

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Eligibility.
Abandoned aquaculture equipment or abandoned aquaculture stock is subject to removal under this section only if:
3.
Responsibility of the department.
The department's duties with respect to abandoned aquaculture equipment and abandoned aquaculture stock are as set out in this subsection.
4.
Civil action.
If the State is not compensated for removal costs under the provisions of subsection 3, the State shall first attempt to recover the removal costs by claiming these expenses against any bond the aquaculture lease or license holder held during the term of the aquaculture lease or license. If the department is unsuccessful in recovering the removal costs in that manner, the State may bring a civil action against the owner of the equipment or stock to cover any cost of removal of the equipment or stock from coastal waters. The court in its discretion may award an additional 50% of the cost of removal. The penalty is payable to the Aquaculture Management Fund established under section 6072‑D.

Legislative History

PL 2009, c. 229, §13 (NEW).