Aquaculture Leases Discussed at
Log Cabin, Yarmouth

Lobster fishermen, the Maine Department of Marine Resources (DMR), aquaculturalists and coastal residents met in Yarmouth, ME on April 18, 2019 to discuss among other items, the DMR’s aquaculture lease application and approval process. With the number of aquaculture lease applications increasing along the Maine coast lobstermen have sought a more active role in the aquaculture lease approval process. Lobster fishermen have expressed concerns about the loss of lobster bottom to, what in some cases, are long term bottom leases.

The DMR has encouraged communication between prospective aquaculture lessees and fishermen. The DMR has aquaculture rules and policies in place based in Maine statutes. There is also a DMR site inspection process for prospective aquaculture lease sites.

Three aquaculture lease types are available from the DMR.

1. The standard lease. In 2017 the length of a standard aquaculture lease was increased from 10 years to 20 years (LD1438) and may be renewed. Standard leases cover up to 100 acres, are now in effect for up to 20 years, with an option to increase the area by up to 25% to a maximum of 4 additional acres.

2. Experimental leases cover up to two acres, are in effect for up to

three years, and may not be renewed, unless the lease is for scientific research.

3. Limited Purpose Aquaculture Licenses (LPAs) are annual licenses that allow up to 400 square feet of aquaculture gear for suspended shellfish culture.

Significant changes to aquaculture regulations require the engagement of the legislative process.

The process for getting LD1438 – An Act To Improve the Aquaculture Leasing and Licensing Laws – passed illustrates how the legislative aspect of the process functions. LD 1438 changed the previous aquaculture law, including more than the length of the standard aquaculture lease. The summaries on record outline the results in straight forward language. The whole document on file at the Maine State Law Library describes in detail how the old law was changed. From the petition to the sponsor, to the names of those present at the public hearing, to testimony from those present, to letters from proponents describing their support and opponents. (There were no opponents of LD1438 present or represented in letters), to the final vote, it is all on public record.

Old language to be deleted is crossed out. The new language that replaces it appears below the crossed out lines. Completely new language added to the new bill is underlined.

The whole document is long, but reading just the summaries and the analysis provide a basic understanding of the changes to rules governing a standard aquaculture lease. The details in the changes made to the previous law illuminate the significance of the changes. The information could be valuable to fishermen and those interested in a leases.

The legislative record on LD1438 can be read here. Read the committee work on floor debate, analysis and amendments including comments by participants here. Or search the State legislature website at: legislature.maine.gov and enter a search for LD1438.