An Act to Create a Limited-purpose License for Aquaculture Nursery and Husbandry Activities and to Clarify the Aquaculture Lease Amendment Process
Sponsored By: Morgan Rielly (Democratic)
Signed by Governor
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 2 benefits, 0 costs, 5 mixed.
Aquaculture funds support applications and oversight
Aquaculture fund money can support lease and license application processing, public information, and management of existing sites. Allowed work includes education, outreach, compliance, and inspections. Lease amendment fees go to the Aquaculture Management Fund. The law removes earlier water-quality licensing and monitoring language from the fund's authorized uses and states no new funding amount.
Fewer annual reports for aquaculture leaseholders
Covered aquaculture leaseholders no longer must file the repealed annual seeding and harvesting reports and plans. The law also removes the earlier statutory requirement to mark leased areas. Previously submitted reports that were confidential when filed stay confidential while the department keeps them under its records-retention schedule.
Aquaculture inspections expand with privacy protections
Maine's Department of Marine Resources can inspect covered aquaculture sites and facilities; nursery and husbandry licenses receive annual inspections. Sampling requires an identified possible risk to public, animal, or marine-organism health and at least 24 hours' notice explaining the reason. Samples must be as small as reasonably possible, and operators receive results immediately when available. Operators must show applicable licenses and permits on request; denying access can lead to lease or license revocation. Test results are confidential, but disclosure is allowed for public health, marine patrol enforcement, or department reliance in renewal or revocation matters.
Aquaculture lease changes face fees and limits
Eligible aquaculture leaseholders gain a formal process to add species, gear, equipment, or structures. Nonrefundable fees set by rule are capped at $200 for species, $500 for gear, and $500 for equipment or structures. Species applications must identify the stock source and show compatibility with existing lease conditions. Gear additions require at least one year of leaseholding and a lease originally limited to bottom gear. Equipment or structure additions generally require one year of leaseholding and a lease that previously authorized neither. These additions require public, shoreline-owner, and municipal notice and a chance for written comments. Commercial research and development leases cannot be amended, and leases originally allowing no gear cannot add it through this process. Changes cannot override lease conditions or turn a no-discharge lease into one allowing discharge; substantially similar replacements need no amendment. Temporary operating changes can address environmental health risks or department actions, with written notice to affected leaseholders. Maine's Department of Marine Resources must adopt required rules before issuing the new nursery licenses or approving covered lease amendments; the law sets no deadline.
Aquaculture lease extensions carry late fees
Limited-purpose commercial research and development leaseholders can apply for a standard lease before expiration or within 30 days afterward. Filing after expiration costs a nonrefundable $500 late fee. The commissioner can waive it when physician-documented substantial illness or a medical condition prevented timely filing. A timely application keeps the existing lease active through the decision, or for 30 days after denial. Applications received more than 30 days after expiration cannot be processed; operators who fail to secure a new lease must remove gear and equipment within 120 days.
Licensed aquaculture gear gains damage protections
The law bars unauthorized interference with approved gear or taking organisms at currently licensed nursery and husbandry sites. Exceptions cover the licenseholder, marine patrol officers, and aquaculture inspectors authorized by the commissioner. Violations carry civil fines of at least $100 each. Cutting lines or marker buoys, or intentionally damaging gear, also requires payment of twice the replacement value to the owner and proof of payment to the commissioner.
New nursery licenses for aquaculture operators
The law creates licenses for raising young marine organisms below the mean low-water mark, without discharges into coastal waters. Applicants generally need an existing qualifying aquaculture lease or license; specified municipal applicants are exempt. Approved gear, excluding moorings, can cover up to 1,600 square feet, and organisms can stay no longer than six months. Activities must protect safe navigation, shoreline owners' access, fishing, and other uses. Applications require species and stock sources, site boundaries, scaled plans, gear drawings, and notice to nearby shoreline owners and municipalities within 300 feet. The nonrefundable application fee is $400, with an exemption for qualifying noncommercial municipal projects. Fees go to the Aquaculture Research Fund. Licenseholders must file confidential annual cultivation reports, and municipal shellfish committees and project officers can deploy organisms at nonlease sites. The license does not replace a lease or other required permits; documented plans to seek a lease receive a preference, subject to priority for standard lease applicants.
Sponsors & Cosponsors
Sponsor
Morgan Rielly
Democratic • House
Cosponsors
There are no cosponsors for this bill.
Roll Call Votes
No roll call votes available for this bill.
Actions Timeline
Signed by Governor, ACTPUB Chapter 672
4/13/2026PASSED TO BE ENACTED, in concurrence.
4/6/2026SenatePASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.
4/2/2026HouseReport READ and ACCEPTED, in concurrence.READ ONCE.Committee Amendment "A" (H-951) READCommittee Amendment "A" (H-951) to Committee Amendment "A" (H-951) READ and ADOPTED. Committee Amendment "A" (H-951) as Amended by House Amendment "A" (H-961) thereto ADOPTED. Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED by Committee Amendment "A" (H-951) as Amended by House Amendment "A" (H-961) thereto in concurrence.
4/2/2026SenateCONSENT CALENDAR - FIRST DAYOn OBJECTION of Representative HEPLER of Woolwich REMOVED.The Committee Report was READ and ACCEPTED.The Bill was READ ONCE.Committee Amendment "A" (H-951) was READ.On motion of Representative HEPLER of Woolwich, House Amendment "A" (H-961) to Committee Amendment "A" (H-951) was READ and ADOPTED.Committee Amendment "A" (H-951) as Amended by House Amendment "A" (H-961) thereto was ADOPTED. Under suspension of the rules, the Bill was given its SECOND READING without REFERENCE to the Committee on Bills in the Second Reading.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-951) as Amended by House Amendment "A" (H-961) thereto.Sent for concurrence. ORDERED SENT FORTHWITH.
4/2/2026HouseReceived by the Clerk of the House on December 3, 2025.The Bill was REFERRED to the Committee on MARINE RESOURCES pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
12/3/2025House
Bill Text
Amendment C-A (H-951), adopted by House & Senate
Amendment H-A to C-A (H-961), adopted by House & Senate
Enacted
Introduced
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