On November 11, 2017, Maine PUBLIC LAW 2017 CHAPTER 94 came into effect.
Titled An Act To Transfer Responsibility for Licensing of Landbased Aquaculture from the Department of Marine Resources to the Department of Agriculture, Conservation and Forestry" It describes the authority for the transfer to the land agriculture agency and how it will decide how safe these are.
Says Department of Agriculture Conservation and Forestry will deny land based salmon aquaculture licenses, if either DMR or IFW informs DACF "that the aquaculture activity presents an unreasonable risk to indigenous marine or freshwater life or its environment." Sounds like a strongish standard (no "unreasonable risk"), but only as strong as the information that the agencies have to determine its reasonableness or unreasonableness. Given tthis is new hitherto unused technology, it won't be easy.
Text of Public Law 2017 Ch 94 Law:
(Sentences separated for ease of reading)
"Transfers authority for the licensing of land-based aquaculture from the Department of Marine Resources and Inland Fisheries & Wildlife to the Department of Agriculture, Conservation and Forestry.
"The Commissioner of DACF shall refuse to issue a license if the Commissioner receives information from the Commissioner of either DMR or DIFW that the aquaculture activity presents an unreasonable risk to indigenous marine or freshwater life or its environment.
"The risk factors that DMR and DIFW shall consider include but are not limited to: risk of accidental or intentional introduction of marine or freshwater organisms, or organism products, into the waters of the State, risk of the introduction or spread of disease within the State and interference with the enforcement of possession, size or season limits for wild marine or freshwater organisms.
"
The Commissioner of DACF shall monitor licensed facilities annually and if there are risks noted such as listed above the Commissioner shall notify DIFW and DMR"
(End )
Titled An Act To Transfer Responsibility for Licensing of Landbased Aquaculture from the Department of Marine Resources to the Department of Agriculture, Conservation and Forestry" It describes the authority for the transfer to the land agriculture agency and how it will decide how safe these are.
Says Department of Agriculture Conservation and Forestry will deny land based salmon aquaculture licenses, if either DMR or IFW informs DACF "that the aquaculture activity presents an unreasonable risk to indigenous marine or freshwater life or its environment." Sounds like a strongish standard (no "unreasonable risk"), but only as strong as the information that the agencies have to determine its reasonableness or unreasonableness. Given tthis is new hitherto unused technology, it won't be easy.
Text of Public Law 2017 Ch 94 Law:
(Sentences separated for ease of reading)
"Transfers authority for the licensing of land-based aquaculture from the Department of Marine Resources and Inland Fisheries & Wildlife to the Department of Agriculture, Conservation and Forestry.
"The Commissioner of DACF shall refuse to issue a license if the Commissioner receives information from the Commissioner of either DMR or DIFW that the aquaculture activity presents an unreasonable risk to indigenous marine or freshwater life or its environment.
"The risk factors that DMR and DIFW shall consider include but are not limited to: risk of accidental or intentional introduction of marine or freshwater organisms, or organism products, into the waters of the State, risk of the introduction or spread of disease within the State and interference with the enforcement of possession, size or season limits for wild marine or freshwater organisms.
"
The Commissioner of DACF shall monitor licensed facilities annually and if there are risks noted such as listed above the Commissioner shall notify DIFW and DMR"
(End )
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