Title 12: CONSERVATION

Part 9: MARINE RESOURCES

Subpart 1: ADMINISTRATION

Chapter 605: GENERAL DEPARTMENT ACTIVITIES

Subchapter 2: LEASES AND SPECIAL LICENSES

§6074. Special license

The commissioner may issue a special license for research, aquaculture or education that exempts the holder from one or more marine resources' laws as to the time, place, length, condition, amount and manner of taking or possessing a marine organism. Except as provided in subsection 8, the commissioner may not issue a special license unless the application for that license is approved by the advisory council.   [PL 1995, c. 567, §1 (AMD).]

1.  Exception.  A special license does not permit the holder to sell or, beyond the state limits, to ship or transport any marine organism that is less than the minimum size established by statute. This subsection does not apply to:  

A. [PL 1999, c. 156, §2 (RP).]

B. Any species grown in a hatchery for stock enhancement or resale for purposes of cultivation or stock enhancement; or   [PL 2013, c. 301, §4 (AMD).]

C. Scallop spat collected under the authority of a special license and sold for the purpose of placement on a lease site authorized pursuant to section 6072 or 6072‑A or under the authority of a license issued pursuant to section 6072‑C. For purposes of this paragraph, until September 1, 2015, "scallop spat" means scallops less than 40 millimeters in the longest diameter and, beginning September 1, 2015, "scallop spat" means scallops less than 25 millimeters in the longest diameter.   [PL 2013, c. 301, §4 (NEW).]

[PL 2013, c. 301, §4 (AMD).]

2.  Application.  The application shall include a description of the proposed project including the objectives, the location and the estimated time of completion of the project. The application shall also include a list of the sections of law or regulation for which exemptions are required, and the specific reasons for each requested exemption.  

[PL 1977, c. 661, §5 (NEW).]

3.  Filing fee.  Each application must include a nonrefundable filing fee of $100. The fee may be waived for research activity by institutions or organizations financed in whole or part by state funding. A filing fee may not be required from a municipality applying for a special license for using a hydraulic dredge under section 6623.  

[PL 2003, c. 513, Pt. N, §1 (AMD).]

4.  Limitation.  The special license shall authorize only the individual named in the license to undertake the licensed activities. Any individual engaged in handling or harvesting marine organisms in the licensed project shall be listed on the license or supplemental license. The commissioner may, at any time, place conditions or limitations on the licensed activities which shall become part of the license.  

[PL 1977, c. 713, §2 (AMD).]

5.  Fees.  At the time of the initial issuance of a special license, and each year upon renewal, an annual fee must be paid. The annual fee for a special license for no more than 2 individuals is $50. An annual fee for a special license for more than 2 individuals but no more than 10 individuals is $100. Additional individuals may be included in a special license in groups up to 10 for an additional $100 per group. The fee may be waived for research activity by institutions or organizations financed in whole or in part by state funding. A license fee may not be required from a municipality for a special license for using a hydraulic dredge under section 6623. A license fee may not be required for employees of the department when they are acting in their capacity as employees under the direction of the commissioner or the commissioner's designated representative.  

[PL 2003, c. 513, Pt. N, §2 (AMD).]

6.  Renewal.   

A. The initial issuance of each special license must specify the number of times the license may be renewed after the initial issuance. Each license may be renewed at least 4 times. The commissioner, with the advice and consent of the advisory council, may authorize renewals if the necessary investment in the research or aquaculture requires additional renewals.   [PL 2003, c. 513, Pt. N, §3 (AMD).]

B. The commissioner shall annually renew the license on request for the authorized number of renewals, unless the license holder has not complied with the conditions of the license or the commissioner finds that renewal is not in the best interest of the State. Renewals do not require a new application or filing fee and do not require the advice and consent of the advisory council.   [PL 2003, c. 513, Pt. N, §3 (AMD).]

[PL 2003, c. 513, Pt. N, §3 (AMD).]

7.  Transportation permit.  A transportation permit is required for a special license holder to ship, transport or sell any marine organism raised or harvested under a special license. The commissioner may place conditions or limitations on the activities authorized by this permit to the extent necessary to provide proper controls and to comply with federal or state health or sanitation standards. The commissioner shall annually renew the permit on request unless the permit holder has not complied with the conditions of the permit or unless the permit holder no longer holds a special license.  

[PL 2019, c. 501, §6 (AMD).]

8.  Council approval not required.  Approval by the advisory council is not required for a special license issued by the commissioner to the following:  

A. An employee of the department when the employee is acting under the direction of the commissioner or the commissioner's designated representative;   [PL 1995, c. 567, §2 (NEW).]

B. A person who operates an aquarium;   [PL 1995, c. 567, §2 (NEW).]

C. A person who operates a festival;   [PL 1995, c. 567, §2 (NEW).]

D. A person who undertakes a public service activity;   [PL 2003, c. 104, §1 (AMD).]

E. A municipality that operates a hydraulic or mechanical soft-shell clam dredge for municipal transplanting projects under section 6623; or   [PL 2003, c. 104, §1 (AMD).]

F. A teacher who is providing a primary, secondary or postsecondary school program for educational purposes only.   [PL 2013, c. 301, §5 (AMD).]

[PL 2013, c. 301, §5 (AMD).]

9.  Penalty.  An individual who fails to comply with the conditions or limitations on the licensed activity under this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.  

[PL 2003, c. 513, Pt. N, §4 (NEW).]

SECTION HISTORY

PL 1977, c. 661, §5 (NEW). PL 1977, c. 713, §2 (AMD). PL 1979, c. 412 (AMD). PL 1979, c. 622, §§1,2 (AMD). PL 1981, c. 189 (AMD). PL 1983, c. 662, §§2-4 (AMD). PL 1989, c. 204, §§1,2 (AMD). PL 1995, c. 567, §§1,2 (AMD). PL 1999, c. 156, §§2,3 (AMD). PL 2003, c. 104, §§1,2 (AMD). PL 2003, c. 513, §§N1-4 (AMD). PL 2013, c. 301, §§4, 5 (AMD). PL 2019, c. 501, §6 (AMD).