‘E. For establishing and revaluing fees and rents related to aquaculture;’
Amend the bill in section 2 in subsection 11 in the 5th line (page 1, line 14 in L.D.) by striking out the following: " standard" and inserting the following: ' maintenance standard adopted pursuant to subsection 13, paragraph A'
Amend the bill in section 5 in subsection 12-C in the 2nd line (page 2, line 28 in L.D.) by inserting after the following: " lease was" the following: ' originally'
Amend the bill in section 6 in subsection 13 by striking out all of paragraph E (page 3, lines 37 to 40 in L.D.) and inserting the following:
Amend the bill in section 6 in subsection 13 by striking out all of paragraphs G and H (page 4, lines 3 to 13 in L.D.) and inserting the following:
‘G. For adding or deleting authorization for the holder of an aquaculture lease to grow specific species and or to use specific gear on the lease site and for a modification to operations as a result of a change in species or gear authorization. A change in authorization or a resultant modification to operations is not an adjudicatory proceeding. The commissioner shall establish by rule the fee for modifying a lease under this paragraph, which may not exceed $200. The regulations rules must provide for notice of proposed changes in gear authorization to the public, riparian landowners and the municipality in which the lease is located and an opportunity to submit written comments on the proposal. Authorization to add species or gear must be consistent with the findings made under subsection 7-A when the lease was approved; and
H. For establishing fallowing requirements and procedures . ;
I. For establishing fees for services provided by the department to a lease holder if the lease holder requests testing or location-specific studies to ensure the lease holder's products are safe for human consumption. Fees collected pursuant to this paragraph must be deposited into the Shellfish Fund under section 6651; and
J. For defining seed size or seed management and harvest seasons.’
Amend the bill by inserting after section 6 the following:
‘Sec. 7. 12 MRSA §6072, sub-§15, as enacted by PL 1987, c. 453, §1, is repealed.
Amend the bill by inserting after section 8 the following:
‘Sec. 9. 12 MRSA §6072-C, sub-§2-B is enacted to read:
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:
A. A license holder who is also the holder of or a majority shareholder in a corporation that holds a lease issued pursuant to section 6072, 6072-A or 6072-B;
B. A license holder using specific gear types as specified in rule; or
C. A license holder who has applied for a lease under section 6072 or 6072-A for an area that includes the area authorized by the license holder's existing limited-purpose aquaculture license.
The commissioner may adopt rules to implement this subsection, including, but not limited to, establishing requirements for an application for an exception and the reasons for which an exception may be granted. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.’
Amend the bill by inserting after section 9 the following:
‘Sec. 10. 12 MRSA §6651, sub-§1-A is enacted to read:
1-A. Additional fees to be paid into fund. Any fees collected pursuant to section 6072, subsection 13, paragraph I must be deposited into the Shellfish Fund.
Sec. 11. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Bureau of Policy and Management 0258
Initiative: Provides ongoing allocations for expenditure of funds to develop and manage effective and cost-efficient water quality licensing and monitoring criteria, analyze and evaluate monitoring data, process lease applications and make information about aquaculture available to the public.
| OTHER SPECIAL REVENUE FUNDS | 2019-20 | 2020-21 |
|
All Other
|
$0 | $20,000 |
 |
|
|
| OTHER SPECIAL REVENUE FUNDS TOTAL | $0 | $20,000 |
Sec. 12. Effective dates. That section of this Act that amends the Maine Revised Statutes, Title 12, section 6072-C, subsection 6 takes effect January 1, 2021. Those sections of this Act that amend Title 12, section 6072-C, subsection 2 and enact Title 12, section 6072-C, subsection 2-B take effect January 1, 2023.
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section number to read consecutively.
summary
This amendment does the following.
1. It clarifies that, with regard to the revocation of a lease for the violation of minimum lease standards, the standards are those lease maintenance standards that have been adopted by rule by the Commissioner of Marine Resources pursuant to the Maine Revised Statutes, Title 12, section 6072, subsection 13, paragraph A.
2. It specifies that a person who has held a lease for at least 2 years from the date the lease was originally executed may apply for an expansion of a research and aquaculture lease.
3. It specifies that fees collected pursuant to Title 12, section 6072, subsection 13 for certain testing or study services provided by the Department of Marine Resources must be deposited in the Shellfish Fund.
4. It clarifies that the commissioner is authorized to adopt rules to allow changes to research and aquaculture leases to include modifications in operations as a result of changes in species and gear authorizations.
5. It includes an effective date of January 1, 2021 for the increase in fees for limited-purpose aquaculture licenses.
6. It also includes an effective date of January 1, 2023 for the provisions of the bill that require a limited-purpose aquaculture license holder to directly supervise an unlicensed individual that assists with licensed activities and allow the commissioner to provide an exception to direct supervision to a license holder who is also the holder of or a majority shareholder in a corporation that holds a lease or a license holder using specific gear types specified in rules adopted by the commissioner.
7. It adds an ongoing allocation to the Department of Marine Resources for administrative costs.
FISCAL NOTE REQUIRED
(See attached)