Title 12, Title 12

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 212, §1 (NEW).] 1. Intertidal zone. "Intertidal zone" means the shores, flats or other land between the high and mean low water mark.

1. Authority. The commissioner may lease areas in, on and under the coastal waters, including the public lands beneath those waters and portions of the intertidal zone, for scientific research or for aquaculture of marine organisms. The commissioner may grant a lease to any perso…

1. Authority. The commissioner may issue a limited-purpose lease for areas in, on and under the coastal waters, including the public lands beneath those waters and portions of the intertidal zone, for commercial aquaculture research and development or for scientific research. The…

1. Authority. The commissioner may issue an emergency aquaculture lease for areas in, on and under the coastal waters including the public lands beneath those waters and portions of the intertidal zone for the emergency aquaculture relocation of shellfish from an area for which a…

1. License required. A person may not engage in the activities authorized under this section without a current limited-purpose aquaculture license or a lease issued under this Part authorizing the activities. 2. Licensed activities. The holder of a limited-purpose aquaculture lic…

1. Fund established. The Aquaculture Management Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund within the department. All income received by the commissioner under this section must be deposited with the Treasurer of State. Any bal…

1. Exclusivity. Each lease for aquaculture shall be exclusive for the species and to the extent provided by the commissioner in the lease. 2. Prohibition on interference. It shall be unlawful to interfere with the rights provided in a lease. 2-A. Cultchless American oysters; poss…

The holder of a lease issued under section 6072, 6072‑A or 6072‑B or a license issued under section 6072‑C 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 organism cul…

The holder of a lease issued under section 6072, 6072‑A or 6072‑B or a license issued under section 6072‑C is exempt from any requirement under sections 6421, 6501, 6601, 6745, 6746, 6748, 6748‑A, 6748‑D, 6751, 6801‑A and 6803 to hold a separate license for the removal, possessio…

The holder of a lease issued under section 6072, 6072‑A or 6072‑B or a license issued under section 6072‑C is exempt from any requirement under sections 6701, 6702 and 6703 to hold a separate license for the removal, possession or transport of scallops from the leased area or the…

A person who is in possession of a marine organism raised by means of aquaculture and lawfully obtained under the laws of the State is exempt from any requirement regarding the time of taking or possessing, minimum or maximum length or other minimum or maximum size requirement, e…

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 subsect…

1. Definition. As used in this section, "spat" means sea scallops, Placopectin magellanicus, or blue mussels, Mytilus edulis, in the post-larval stage that have gone through metamorphosis and settled on a substrate. The commissioner may, by rule, add additional species to this de…

1. Purposes. The purposes of this section are to increase the availability of pathological assessment of shellfish stock to be introduced into the State for culturing purposes, of culturing facilities and areas and of shellstock to be exported to other states and countries. This …

1. Purpose. A comprehensive Marine Shellfish Toxins Monitoring Program is established to protect the public health while providing for the harvest of susceptible species of marine mollusks in areas not shown to be affected by contamination. 2. Responsibilities. The department is …

The department may establish and maintain an information base pertaining to the siting, development and operation of finfish aquaculture facilities within the State. [PL 2003, c. 660, Pt. A, §17 (AMD).] 1. Coordination. The commissioner shall coordinate the data collection effort…

1. Appointment; composition. The Aquaculture Advisory Council, referred to in this section as "the council" and established by Title 5, section 12004‑I, subsection 57‑C, consists of 7 members who are appointed by the commissioner as follows. A. The commissioner shall appoint at l…

The Aquaculture Research Fund, referred to in this section as the "fund," is established as a dedicated, nonlapsing fund within the department. In addition to the fees derived from the limited-purpose aquaculture license, the commissioner may receive on behalf of the fund funds f…

Information obtained from other state, federal or foreign government agencies about aquaculture operations in other states, foreign countries or the exclusive economic zone that is designated as confidential by the jurisdiction from which it is obtained and that must remain confi…

1. Lease option. A person may apply for a lease option that conveys the right to file an application for an aquaculture lease under section 6072, 6072‑A or 6072‑B for a particular area of the submerged lands of the State and for a defined period of time. The department may not ac…

If a holder of an aquaculture lease or license under this subchapter fails to pay any related fees or charges, the commissioner may refuse to renew or issue any marine resources license or permit to the holder of the aquaculture lease or license.

1. License required. The commissioner may require a license for aquaculture of marine 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 marin…

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Abandoned aquaculture equipment" or "equipment" means any equipment associated with the operation of an aquaculture lease or license pursuant to s…

1. Appointment; composition. The Seaweed Fisheries Advisory Council, established by Title 5, section 12004‑I, subsection 57‑H and referred to in this section as "the council," consists of 7 members appointed by the commissioner as follows: A. Two members who process seaweed or ho…

If a person submits an application to the commissioner for a lease or license under this subchapter and the municipality provides the commissioner with information necessary for the completion of that lease or license application, the municipality may not charge that person a fee…

1. Purpose. The purpose of this section shall be to increase the availability of fishery product inspection services to Maine processors and packers in order to improve the marketing of fishery products. 2. Program. The department is the state agency that is responsible for coope…

The commissioner may, in accordance with the most modern public health and food protection practices, establish and maintain effective surveillance and inspection of all segments of the State's fishing industries. The commissioner may establish a program to carry out this respons…

The Commissioner of Agriculture, Conservation and Forestry and the Commissioner of Marine Resources shall cooperate in developing and implementing any fishery product or shellfish inspection programs. Those programs must meet the standards established by the Commissioner of Agric…

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1985, c. 254 (NEW).] 1. Surimi. "Surimi" means an intermediate manufactured seafood product derived from minced fish meat, washed to remove water-soluble protein,…

A food product may not be sold in this State consisting of or containing surimi unless the packaging containing the food product is clearly and conspicuously labeled or, if there is no packaging, unless a sign is conspicuously displayed, indicating that the product is "imitation …

No food containing surimi or a surimi product may be served in any eating establishment in the State whether for consumption on or off the premises, unless on the menu and all notices advertising the food it is clearly and conspicuously labeled as "imitation lobster," "imitation …

1. Forfeiture. A violation of this subchapter is a civil violation for which a forfeiture not to exceed $100 may be adjudged.

1. Commissioner's authority. In order to conserve, develop or restore anadromous fish resources, the commissioner and the Commissioner of Inland Fisheries and Wildlife may require a fishway to be erected, maintained, repaired or altered by the owners, lessors or other persons in …

1. Notice required. Prior to construction or prior to authorizing construction of a new dam or other obstruction in the coastal waters, the owner, lessee or other person in control of the dam or other artificial obstruction shall provide written notice to the commissioner, supply…

A person who tampers with, damages, destroys or closes to fish migration or introduces foreign objects into any fishway without the authority of the commissioner commits a civil violation for which a forfeiture of not less than $100 and not more than $500 may be adjudged.

A person who improperly operates a fishway required pursuant to this subchapter commits a civil violation for which a forfeiture equivalent to the value of the fish killed but not more than $10,000 for each day of that violation may be adjudged.

The Department of Marine Resources and the Department of Inland Fisheries and Wildlife shall jointly make rules defining "fish kill."

The commissioner is authorized to develop, manage or lease river herring fishing rights as follows. [PL 2011, c. 598, §11 (AMD).] 1. River herring rights. The commissioner shall grant the right, exclusive or otherwise, to take river herring to any municipality entitled to those r…

Upon the request of any affected municipality, the Department of Marine Resources shall assess the extent and severity of public nuisance and potential threats to public health posed by natural fish die-offs. The department shall provide technical advice and, subject to the limit…

1. Inspection powers. Marine patrol officers may stop and board any watercraft at any time to inspect its documents, licenses and permits of the occupants of the watercraft and to conduct a safety inspection. 2. Rules. The commissioner shall adopt rules pursuant to the Maine Admi…

By May 1, 2013, the commissioner and the Commissioner of Inland Fisheries and Wildlife shall ensure that the fishways on the Woodland Dam and the Grand Falls Dam located on the St. Croix River are configured or operated in a manner that allows the unconstrained passage of river h…

The Maine Groundfish Fund, referred to in this section as "the fund," is established as a dedicated, nonlapsing fund within the department. Unexpended balances in the fund at the end of the fiscal year may not lapse and must be carried forward to the next fiscal year and used for…

1. Creation of trust fund. There is established the Maine Coast Environmental Trust Fund, referred to in this section as "the trust," as an Other Special Revenue Funds account within the Department of Marine Resources. 2. Purpose of trust. The purpose of the trust is to protect a…

1. License required. Except as otherwise provided in this section, a person may not fish for Atlantic salmon from any state waters without a current Atlantic salmon license. 2. Licensed activity. The holder of an Atlantic salmon license may fish for Atlantic salmon in inland and …

Unless more restrictive rules are adopted by the department, the following restrictions apply to methods of fishing and the season for Atlantic salmon. [PL 2019, c. 225, §5 (AMD).] 1. Catch and release only. All fishing for Atlantic salmon is catch and release, except for Atlanti…

1. Prohibition. A person may not fish for Atlantic salmon in violation of the provisions of this Part. 2. Possession of parts prohibited. A person may not possess any part of an Atlantic salmon taken from the inland or coastal waters of this State. 3. Sale of Atlantic salmon proh…