Title 12, Title 12

The Department of Marine Resources may provide search and rescue services in the coastal waters of the State and shall be the responsible state agency for those services, except when they involve lost or downed aircraft. The department shall develop a formal plan for those activi…

1. Enforcement of federal safety and security zones. At the request of and as expressly provided by the United States Coast Guard in accordance with federal law, marine patrol officers may assist the United States Coast Guard in the enforcement of safety and security zones establ…

1. Fund. There is established the Department of Marine Resources Educational Fund, referred to in this section as the "fund." The department is authorized to set and receive fees to be deposited in the fund. The fund receives all funds collected by the department from the operati…

The commissioner may adopt such rules as are necessary to protect and preserve Burnt Island and the Burnt Island Living Lighthouse. In addition, the commissioner may adopt such rules as are necessary to provide for the successful implementation of the department-authorized educat…

1. Fellowship program established. There is established within the department the Governor's Marine Studies Fellowship Program to encourage the study of disciplines important to the conservation, management and utilization of marine resources. Those disciplines include, but are n…

1. Fund established. The Marine Recreation Fishing Conservation and Management Fund, referred to in this section as "the fund," is established within the department. The commissioner may receive on behalf of the fund funds from any source. All money received into the fund must be…

1. Appointment; composition. The Commercial Fishing Safety Council, referred to in this section as "the council" and established by Title 5, section 12004‑I, subsection 57‑E, consists of 9 members appointed by the commissioner as follows: A. One member who is a license holder und…

No later than October 1st of each year, the Commercial Fishing Safety Council shall submit a commercial fishing safety plan to the commissioner that includes, but is not limited to, the council's fishing safety initiatives, any revisions to those initiatives and any new initiativ…

The Commercial Fishing Safety Fund, referred to in this section as "the fund," is established within the department. [PL 2025, c. 251, §1 (NEW).] 1. Sources. The commissioner may receive donations and funding from any source on behalf of the fund. All money received into the fund…

1. Fund established. The Marine Fisheries Research and Development 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 carrie…

1. Fund established. The Marine Fisheries Stock Enhancement Fund, referred to in this section as "the fund," is established as a nonlapsing fund within the department to improve the marine economy in this State. Unexpended balances in the fund at the end of the fiscal year do not…

1. Appointment; composition. The Shellfish Advisory Council, referred to in this section as "the council" and established by Title 5, section 12004‑I, subsection 57‑G, consists of 14 members who are appointed by the commissioner as follows: A. Four members who are commercial shel…

The Halibut Fund, referred to in this section as "the fund," is established within the department. [PL 2007, c. 615, §6 (NEW).] 1. Sources. The fund is capitalized by fees assessed under section 6506, subsections 4 and 5 and received through the sale of commercial halibut fishing…

The Watercraft Fund, referred to in this section as "the fund," is established within the department. [RR 2007, c. 2, §3 (RAL).] 1. Sources. The fund is capitalized by money collected from boat registrations pursuant to section 10206, subsection 3 and fines. In addition to those …

The Pelagic and Anadromous Fisheries Fund, referred to in this section as "the fund," is established within the department. Balances in the fund may not lapse and must be carried forward to the next fiscal year. [PL 2009, c. 527, §1 (NEW).] 1. Uses of fund. The commissioner shall…

1. Program established; administration. The Maine Working Waterfront Access Protection Program, referred to in this section as "the program," is established to provide protection to strategically significant working waterfront property whose continued availability to commercial f…

The department, under the direction of the commissioner, may conduct or sponsor programs for research and development of commercial, marine recreational and anadromous fishery resources and other marine resources of the State which may include biological, chemical, technological,…

The department, under the direction of the commissioner, may also: [PL 1977, c. 661, §5 (NEW).] 1. Extension. Serve as the primary state agency to assist members of the fishing industries by providing technical and managerial assistance, including development of gear and techniqu…

A violation of any provision of this chapter is a civil violation, unless another penalty has been expressly provided.

1. Live importing for introduction into coastal waters. Except for Atlantic salmon imported by the commissioner, it is unlawful to import for introduction, possess for purposes of introduction or introduce into coastal waters a live marine organism without a permit issued by the …

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…