Maine Revised Statutes

§1501. Land-based aquaculture license

1. License required.   The commissioner may require a license for aquaculture of marine or freshwater organisms in facilities that are not located in the coastal waters of the State but are located in the State.
[ 2017, c. 94, §3 (NEW) .]
2. Licensed activities.   The holder of a license under this section may possess marine or freshwater organisms that the holder has raised by means of aquaculture. The holder of such a license 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 or freshwater organism the holder has raised by means of aquaculture.
[ 2017, c. 94, §3 (NEW) .]
3. License denial.   The commissioner shall refuse to issue a license under this section if the commissioner receives information from the Commissioner of Marine Resources or the Commissioner of Inland Fisheries and Wildlife that the aquaculture activity presents an unreasonable risk to indigenous marine or freshwater life or its environment. The Commissioner of Marine Resources and the Commissioner of Inland Fisheries and Wildlife shall consider factors, including, but not limited to:
A. Risk of accidental or intentional introduction of marine or freshwater organisms or organism products into the waters of the State; [2017, c. 94, §3 (NEW).]
B. Risk of the introduction or spread of disease within the State; and [2017, c. 94, §3 (NEW).]
C. Interference with the enforcement of possession, size or season limits for wild marine or freshwater organisms. [2017, c. 94, §3 (NEW).]
[ 2017, c. 94, §3 (NEW) .]
4. Monitoring and revocation.   The commissioner shall monitor licensed facilities under this section on an annual basis. The commissioner shall provide the findings to the Commissioner of Marine Resources and the Commissioner of Inland Fisheries and Wildlife. If the commissioner determines following an annual review or at any other time that the licensed aquaculture activity presents an unreasonable risk to indigenous marine or freshwater life or its environment, the commissioner may revoke the license after the licensee has been given an opportunity for a hearing before the department.
[ 2017, c. 94, §3 (NEW) .]
5. Fee.   The commissioner may charge a fee for a license under this section not to exceed $1,000, the amount to be established in rules adopted by the commissioner depending on the type and amount of aquaculture. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2017, c. 94, §3 (NEW) .]
SECTION HISTORY
2017, c. 94, §3 (NEW).