PUBLIC Law, Chapter 94, An Act To Transfer Responsibility for Licensing of Land-based Aquaculture from the Department of Marine Resources to the Department of Agriculture, Conservation and Forestry

An Act To Transfer Responsibility for Licensing of Land-based Aquaculture from the Department of Marine Resources to the Department of Agriculture, Conservation and Forestry

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 7 MRSA §2, 4th ¶, as amended by PL 2011, c. 655, Pt. MM, §5 and affected by §26, is further amended to read:

In addition, the commissioner shall be concerned with the quality of life of Maine farmers and rural communities. The commissioner shall promote: farm financing and rural development proposals; conservation and preservation of agricultural lands; increased and improved production of beef, poultry, sheep, dairy beef and other livestock; expanded and improved production of potatoes, fruits and other vegetables and horticultural ventures; coordinated foreign and domestic marketing of Maine agricultural products; in conjunction with the university, crop development and integrated pest management; development of land-based aquaculture facilities; and conservation of nonrenewable energy resources and utilization of renewable energy resources in conjunction with the Governor's Energy Office. To accomplish these objectives, the commissioner is authorized for, or on behalf of, Maine's farmers and rural community: to engage in research and educational programs; to participate directly or indirectly in programs to encourage and enable individuals to enter agricultural or other rural enterprises; to institute litigation or upon request to represent farmers or other members of the rural community in litigation where the commissioner determines that such litigation may be beneficial to agricultural industry as a whole; and to exercise all other powers of an agency of State Government. The commissioner may study such issues and, consistent with statute, take such actions either individually, for, or on behalf of, the State's farmers or rural residents, or jointly with such other persons, agencies or organizations as the commissioner determines may benefit the State's farmers and rural communities. To further accomplish these objectives, the commissioner is authorized beginning July 1, 1991, on behalf of the State's rural community, to administer food assistance programs including the receipt, distribution and administration of federal and state funds, including block grants, for food assistance.

Sec. 2. 7 MRSA §52, sub-§3-A, as amended by PL 2011, c. 608, §2, is further amended to read:

3-A. Farm product. "Farm product" means those plants and animals useful to humans and includes, but is not limited to, forages and sod crops, grains and food crops, dairy products, poultry and poultry products, bees, livestock and livestock products , fish and fish products and fruits, berries, vegetables, flowers, seeds, grasses, Christmas trees and other similar products.

Sec. 3. 7 MRSA c. 209 is enacted to read:

CHAPTER 209

LAND-BASED AQUACULTURE

§ 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.

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.

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;

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 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.

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.

Sec. 4. 12 MRSA §6073-D, last ¶, as enacted by PL 2009, c. 229, §8, is amended to read:

This section does not exempt the possessor of the marine organism from any requirement to hold a lease or license pursuant to section 6072, 6072-A, 6072-B , or 6072-C or 6085 Title 7, section 1501 to engage in the culture of marine organisms.

Sec. 5. 12 MRSA §6085, as enacted by PL 2009, c. 229, §12, is repealed.

Sec. 6. 12 MRSA §6085-A is enacted to read:

§ 6085-A. Land-based aquaculture; reporting

The commissioner may require the holder of a license under Title 7, chapter 209 for the land-based aquaculture of marine organisms to file periodic reports regarding the aquaculture practices and production of the facility. Information obtained pursuant to this section is considered fisheries statistics for the purposes of section 6173, except that information about marine organism health reported pursuant to section 6071 may not be considered fisheries statistics.

Effective 90 days following adjournment of the 128th Legislature, First Regular Session, unless otherwise indicated.

SP0527 LD 1502	PUBLIC Law, Chapter 94 on - Session - 128th Maine Legislature
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