An Act Regarding Licensing of Land-based Aquaculture Facilities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 7 MRSA §1501, sub-§§3 and 4, as enacted by PL 2017, c. 94, §3, are amended to read:
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 alone in the use of a body of water or in combination with the aquaculture activity of any other land-based aquaculture operations using the same body of water 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;
B. Risk of the introduction or spread of disease within the State; and
C. Interference with the enforcement of possession, size or season limits for wild marine or freshwater organisms.
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 alone in the use of a body of water or in combination with the aquaculture activity of any other land-based aquaculture operations using the same body of water 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.
summary
This bill amends the law allowing the Commissioner of Agriculture, Conservation and Forestry to refuse to issue a land-based aquaculture license, or revoke an existing license, when the aquaculture activity presents an unreasonable risk to indigenous marine or freshwater life or its environment and specifies that the activity is either alone in the use of a body of water in combination with the aquaculture activity of any other land-based aquaculture operations using the same body of water.