Maine § 6810-B. - Aquaculture license

§ 6810-B.. Aquaculture license

1.  Definition.  For the purposes of this section, "shellfish" means shellstock clams, quahogs other than mahogany quahogs, mussels and oyster shellstock.

2.  License required.  Beginning May 1, 2018, a person may not engage in the activities authorized under this section without a current aquaculture license.

3.  Licensed activities; all aquacultured organisms except shellfish.  The holder of an aquaculture license or authorized representative of the holder of an aquaculture license may remove, possess, transport within the state limits or sell cultured organisms, except shellfish, the holder has removed from the leased area described in the holder's lease issued under section 6072, 6072‑A or 6072‑B or cultured organisms, except shellfish, the holder has cultured pursuant to a license issued under section 6072‑C. The department shall establish by rule a means to identify personnel and authorized representatives operating under the authority of such a license holder. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

4.  Licensed activities; shellfish.  The holder of an aquaculture license or authorized representative of the holder of an aquaculture license may remove, possess, transport within the state limits or sell to a wholesale seafood license holder certified under section 6856 or an enhanced retail certificate holder under section 6852, subsection 2‑A cultured shellfish the holder has removed from the leased area described in the holder's lease issued under section 6072, 6072‑A or 6072‑B or cultured shellfish the holder has cultured pursuant to a license issued under section 6072‑C or under Title 7, section 1501. Such a holder of an aquaculture license may also sell such shellstock from that license holder's home in the retail trade. A holder of an aquaculture license who is also the holder of a lease issued under section 6072 or 6072-A or that holder's authorized representative may sell such shellstock from the holder's lease site in the retail trade. The department shall establish by rule a means to identify personnel and authorized representatives operating under the authority of such a license holder. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

5.  Exemption; aquaculture for personal use or research.  Notwithstanding subsections 2, 3 and 4, an aquaculture license is not required for an aquaculture lease holder or a holder of a limited-purpose aquaculture license issued under section 6072‑C who is using that lease or license only for personal use or for research purposes.

6.  Eligibility.  An aquaculture license may be issued only to an individual who holds a lease issued under section 6072, 6072‑A or 6072‑B or a license issued under section 6072‑C.

7.  Fee.  The fee for an aquaculture license is $133, of which $74.75 must be deposited in the Aquaculture Management Fund established in section 6072‑D.

8.  Violation.  A person who violates this section commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.