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F. The proposed location, species and activity do not present a risk to public health; [PL 2017, c. 159, §6 (NEW).]
DMR rules on Limited Purpose Aquaculture
2.90 Limited-Purpose Aquaculture (LPA) License
2.92 Aquaculture Lease Site Workers Operating Under the Authority of an Aquaculture License Holder
2.95 Water Quality Classifications and Shellfish Aquaculture
2.90 Limited-purpose aquaculture (LPA) license
1. LPA License
A. No person may engage in the activities described in 2.90 and 12 M.R.S.A. §6072-C without a current LPA license issued by the Department of Marine Resources (DMR) in accordance with these regulations. An LPA license may be issued only to an individual or to a municipal shellfish management committee established pursuant to 12 MRSA §6671. The Department shall make application forms available. A non-refundable application fee in the amount of $50 per license application for Maine residents or $300 for non-residents must be paid when the application is submitted. LPA licenses expire at the end of each calendar year. No more than four (4) licenses may be held by any licensee at the same time. LPA licenses are non-transferable.
B. Density standard. There can be no more than three (3) LPA licensed sites within a 1,000-foot radius of any other existing LPA licensed site. This standard does not require a minimum separation between individual licenses; rather it is a density of licenses within any area of a 1,000’ radius. See Figure 1 below for four examples of this standard where a license site is encircled by a radius of 1,000 feet. 
Figure 1. Density illustration for acceptable LPA
license distribution
Exemption for riparian landowners. LPA licenses held by riparian property owners that are used to place authorized gear as listed in 2.90(2)(F)(2), within 150’ of the riparian’s property at mean low water and perpendicular to the property boundaries, are exempt from this density standard. Riparian landowners are responsible for demonstrating this requirement has been met. Requests for this exemption must be indicated on the application and are limited to one exemption per riparian property. The presence of a riparian landowner LPA does not count toward the density standard.
Exemption for certain sites. LPA licenses for gear installed within marina slips, lobster pounds, or similar enclosed or partially-enclosed sites in the coastal waters that are under the ownership or control of an entity which has the legal authority to restrict access to or use of the site and which has consented in writing to the placement of the gear on the site are exempt from this density standard.
C. Up to three (3) assistants per license may be declared as helpers. An individual may be listed as an assistant on no more than eight (8) LPAs, other than their own, except that individuals who were listed on more than eight (8) LPAs as of March 1, 2018 may remain on the same additional LPAs until December 31, 2020, at which point they will be limited to being an assistant on no more than eight (8) LPAs. If the LPA license holder represents an educational institution, students are authorized to work under the direct supervision of the license holder who signed the application, as well as any listed helpers.
D. When a proposed LPA license site falls within the bounds of a pending aquaculture lease application, the Department may, in its discretion, postpone the decision on that LPA license application until after the final decision on the pending application has been made.
2. Application requirements
A. Species
Applications must indicate the common and scientific names of the species to be cultivated under the license in accordance with 2.90(4).
B. Sources
Shellfish stock or seed may be obtained from either wild sources, hatcheries, or nurseries, with the exception of stock or seed of Hard Clam / quahog (Mercenaria mercenaria), Hen Clam (Spisula solidissima), or Soft shelled clam (Mya arenaria). Hatcheries or nurseries are the only permitted sources for these clam species, unless the Department issues a shellfish transplant permit that authorizes the collection of undersized animals. Marine algae (all seaweeds such as reds, greens, browns or kelps) and green sea urchins shall be obtained or cultured from stock originating in Maine coastal waters.
Applications must identify the source of the stock or seed to be cultivated or grown for each species, and for hatcheries or nurseries list the current name, address and phone number of the hatchery or nursery source for each species listed under 2.90(2)(A).
All sources of hatchery supplied seed or stock must be from hatcheries approved by DMR.
All wild shellfish stock or seed used for cultivation or grow-out must originate from within the same Health Area defined under 2.05 (1) (J) as the LPA site.
Use of wild shellfish stock or seed originating from outside the Health Area of the LPA site will require evidence that the seed or stock is consistent with the species authorized under 2.90(4) and may require evidence that the seed or stock is free from disease, and will require a permit from DMR.
C. Site location
(1) The application must provide one (1) geodetic coordinate in degrees/minutes/seconds to the hundredths place, the coordinate source (nautical chart number, the edition and its date or software name) and the datum of the coordinate source, for the center of the longest axis of the license site, and identify the directional orientation of the longest axis. The license site must be accurately depicted on a portion of a US Geologic Survey Topographic map or nautical chart.
(2) The application must provide a brief description of the license site, including the bottom characteristics of the license area and whether there are eelgrass beds present in proximity to the site.
(3) The application must include a description of current commercial and recreational fishing and other uses of the proposed license area and the immediate vicinity of the proposed license area. The description should include type, duration and amount of activity.
(4) The application must include a certified copy of the municipal tax map for the area in the vicinity of the license site. On the map, the applicant must indicate the actual scale of the copy of the map, the location of the proposed site, and a circle drawn to scale depicting a 300-foot radius from the site. The application must also include a list of the names and current mailing addresses of the riparian owners of shorefront property within 300 feet of the site, certified by the municipal clerk or by the Bureau of Revenue Services, Unorganized Division, for unorganized territory. If the license site is located in a marina slip or lobster pound or similar site as described in 2.90 (1) (B), the owner or controlling entity of which has consented in writing to the placement of the gear, the map and list are not required.
D. Required Signatures
The application form shall require the following signatures:
(1) Applicant. The individual applicant’s signature, including printed name and date, which shall verify that the application does not contain false information and that the applicant will comply with all applicable laws and regulations is required. When the applicant is a municipal shellfish management committee, the chairperson of the committee shall sign the application on its behalf, and a primary point of contact shall be provided including name, address, email address and phone number. When the applicant represents an educational institution, an administrator shall sign the application on its behalf.
(2) Municipality. Harbormaster’s signature, which shall verify that it is the harbormaster’s opinion that the license activities will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress.
In municipalities not served by a harbormaster, a municipal officer or other elected municipal official may sign the application. For the unorganized territory where a harbormaster does not have jurisdiction, a marine patrol officer may sign.
The opinion of the harbormaster, municipal officer or official, or marine patrol officer that the license activities will not will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress, shall not be determinative, but may be considered by the Department as a factor in deciding whether the criteria for the issuance of an LPA license have been met.
(3) Intertidal sites
(a) Municipal Shellfish Management Committee. If the proposed location is above the extreme low water mark in a municipality with a municipal shellfish management committee established pursuant to 12 MRSA §6671, the signature of the chairperson of the municipal shellfish management committee, which shall verify that the proposed LPA will not unreasonably interfere with the activities of the municipal shellfish management program, is required.
(b) Riparian landowner. For license sites located above the mean low-water mark, the signature of the riparian landowner, which shall verify that the landowner consents to the licensed activity being conducted on the intertidal land, is required.
(4) Signature missing or withheld. The absence of any required signature will result in the denial of the application. At the request of the applicant the Department may review the basis for a harbormaster’s or municipal officer’s or official’s denial of a signature. The Department may, following such review and upon a determination that the signature was withheld without basis, approve a license application. Such a determination must take into consideration a review by the local marine patrol officer of the application and a statement from the marine patrol officer that the license activities will not unreasonably impede safe navigation, will not unreasonably interfere with fishing or other uses of the area, and will not unreasonably interfere with riparian ingress and egress.
E. Notification of riparian property owners & municipalities
(1) The applicant shall notify all riparian owners within 300 feet of the LPA site by sending, by certified mail, a copy of the LPA application, including information about how riparians can submit comments to the Department regarding issuance or renewal of the license, to the address certified by the municipal clerk or Bureau of Revenue Services, Unorganized Division for unorganized territory. Failure to include a copy of the receipt for certified mailing with the application will be grounds for denial of the application. If the license applicant is the only riparian, or if the license site is located in a marina slip or lobster pound or similar site as described in subsection 1(B) above, the owner or controlling entity of which has consented in writing to the placement of the gear, the notification requirement is waived.
(2) The Department shall notify any town or plantation of the final status of an application. Failure to do so does not invalidate a license.
F. Site Plans
(1) Plan view
The application must include a plan view, which must be on 8.5” x 11” size paper and show the maximum layout of gear to be deployed drawn to scale, with the scale indicated to verify the 400 square foot limit. The site plan must include a north arrow with True or magnetic clearly indicated, arrows that indicate the tide’s primary ebb and flood directions, mean high and low-water marks, and the distance from the license to these mean high and low-water marks. The site plan shall also include to a distance of 1,000 feet from the license in all directions, the locations of any federal or local channels, anchorages, moorings, structures, existing lease boundaries, other LPA licenses (including whether or not they are exempt from the density requirement in 2.90 (1)(B)), DMR water quality closure lines (including distances), and property lines for all riparian owners within 300 feet.
(2) Gear description:
If gear is to be used, it may be deployed on the surface, in the water column, on the sea bottom, or below the surface of the bottom. The applicant shall indicate which of the following authorized gear will be used, and include an overhead view and cross-sectional elevation view of the gear that includes specifications on all mooring equipment to be used. Aquaculture gear other than the equipment listed below, may not be used. All dimensional information on the mooring equipment contained inside and outside the boundaries must be included pursuant to 12 M.R.S.A. §6072-C (5)(E)(2).
Upweller or “FLUPSY”
Shellfish rafts, associated predator nets and spat collectors
Shellfish tray racks and over wintering cages
Soft bags, semi rigid bags and floating trays
Lantern nets and pearl nets
Fencing and brushing
Moorings
Scallop spat collector bags
Scallop ear hangers
Long lines (vertical or horizontal)/rope grids
Bottom anti-predator netting
G. Renewal of licenses
(1) To be eligible to renew an LPA license, in 2019 or in any subsequent year, the applicant must have completed any educational requirements established pursuant to 12 M.R.S.A. §6072-C(3)(A) and must submit an application for renewal to the Department online or postmarked no later than December 31st. If a renewal application is not submitted to the Department by December 31st, the license holder is required to remove all gear and equipment from the licensed site on or before the termination of the license on December 31st.
(2) Renewal applications shall be submitted on a form provided by the Department. A non-refundable application fee must be paid in the amount of $50 per renewal application for Maine residents and $300 for nonresidents.
(3) The Department shall send a notice of all proposed renewals to the municipality in which those licenses are located and request that the municipality post the notice. The notice shall state that anyone may provide comments to the Department on the proposed renewals within 14 days of the date of the notice.
(4) An LPA license may be renewed if the license activities continue to meet the provisions of 2.90 and 12 M.R.S.A. §6072-C.
3. Site Limitations
A. Maximum size
Gear, on any one LPA, excluding mooring equipment, may not occupy an area larger than 400 square feet. An LPA may be contiguous to another LPA.
A. Dimensions
The site must include four 90-degree angled corners, and may be no less than 1’ or greater than 400’ on any one side. Dimensions must be provided in whole feet.
C. Territorial waters
LPA license sites must be located within Maine’s territorial waters as defined in 12 M.R.S.A. §6001(48-B) and pursuant to 12 M.R.S.A. §6072-C(2).
D. DMR Water Quality Program Closure Areas
(1) LPA license sites may not be located within 300 feet of any area classified as prohibited.
(2) Except as provided in subsection (3) below, LPA license sites may only be located in areas that are classified as approved or conditionally approved pursuant to DMR regulations Chapters 95 and 96. Should an area be downgraded, an LPA located within the area may be renewed for one additional year at the next date of renewal.
(3) Exemptions
(a) Shellfish seed. An LPA license site may be located within an area classified by DMR as prohibited, restricted, or conditionally restricted under Chapters 95 and 96, provided that only shellfish seed is cultured on the site. An LPA license site for shellfish seed may not be located within the 300:1 dilution zone around a wastewater treatment plant outfall. Shellfish seed from an LPA site in a prohibited, restricted, or conditionally restricted area can be moved only to another aquaculture lease or license site and only as provided in this subsection. The seed must be segregated from other shellfish on the destination site as required by the DMR Public Health Bureau.
i. Seed that is 25 mm or less in size can be moved to another aquaculture site without a relay permit under Chapter 94. The lessee or licensee of the destination site must notify the DMR Public Health Bureau at least eight days in advance that the seed will be moved. If there is harvestable product on the destination site, the area around the seed will be closed to shellfish harvesting for six months by DMR.
ii. Seed that is mixed in size, both over and under 25 mm or that is greater than 25 mm, requires a relay permit under Chapter 94 to be moved to another aquaculture site. The area around the seed will be closed to shellfish harvesting for six months by DMR.
(b) Green sea urchins
The boundary line and prohibited, restricted and conditionally restricted area prohibitions in 2.90(3)(D)(1 and 2) above do not apply to the sole culture of green sea urchins.
(c) Marine algae
The boundary line and prohibited, restricted and conditionally restricted area prohibitions in 2.90(3)(CD)(1 and 2) above do not apply to the sole culture of marine algae, except that an LPA license site may not be located within the 300:1 dilution zone around a wastewater treatment plant unless marine algae or seaweed cultured on the site is not for human consumption and applicants have provided satisfactory evidence to the Department that the site is for remediation purposes only, or there is a plan for destruction or compost.
E. Department of Inland Fisheries and Wildlife (IF&W) Essential Habitats
LPA license sites may not be located within the areas regulated pursuant to 12 M.R.S.A. §§ 12803, 12804 and 12806 and pursuant to IF&W regulation 09-137 CMR Chapter 8, Endangered Species. Maps showing the boundaries of essential habitat are available from the IF&W regional headquarters, municipal offices, the Land Use Regulation Commission for unorganized territories and DEP regional offices.
F. United States Army Corps of Engineers (ACOE) Authorization
Upon receipt of an LPA license application, the Department shall forward a copy of the application to the ACOE for their review and approval. A permit from ACOE is required prior to the placement or use of any gear proposed in a LPA application. No structures may be located within the boundaries of a Federal Navigation Project.
4. Authorized Species
An LPA license may be issued only for the cultivation of the following species: blue mussel (Mytilus edulis), hard clam / quahog (Mercenaria mercenaria), hen clam (Spisula solidissima), American or eastern oyster (Crassostrea virginica), European oyster (Ostrea edulis), sea scallop (Placopecten magellanicus), soft-shelled clam (Mya arenaria), razor clam (Ensis leei), green sea urchin (Strongylocentrotus droebachiensis), bay scallops (Aequipecten irradians), and for marine algae (all seaweeds, including kelp). Notwithstanding 12 M.R.S.A. §6001 (41), for purposes of 2.90, the terms “shellfish” and “seed” include sea scallops (Placopecten magellanicus) and bay scallops (Aequipecten irradians).
5. Activity limitations & requirements
A. The licensed activity must not generate a discharge into territorial waters pursuant to 12 M.R.S.A. §6072-C (2)(A), 38 M.R.S.A. §413 and DMR regulations 2.05(1-G).
B. An LPA license applicant may declare assistants to be named on any LPA license. Declared assistant(s) named on any LPA license must be in possession of a copy of the LPA license whenever engaged in any activity at that licensed site. Individuals other than the license-holder’s declared assistants may assist the license holder and, in that capacity, utilize, raise, lift, transfer or possess any approved aquaculture gear belonging to that license holder if a hurricane warning issued by the National Weather Service is in effect for any coastal waters of the State.
C. Marine Biotoxins
(1) Closed Area compliance
There shall be no provisions made for biotoxin monitoring or testing for LPA sites.
D. Record keeping
Complete, legible and accurate records of transport, transfer, harvest, and monitoring must be maintained by the license-holder and made available for inspection for at least two (2) years. The records must include the:
(1) Department’s LPA license number, site location and date.
(2) Source of shellfish, including seed if the seed is from growing areas which are not in the approved classification status pursuant to 2.90 and/or Chapter 15;
(3) Dates of transplanting and harvest;
(4) Detailed records of sales; and
(5) Records of the origin and health status of all seed or shellfish stocks reared on the site must also be maintained.
E. Amendments
No changes may be made to the LPA license during the licensing term without a written amendment of the license by the Department. Allowable mid-term amendments include the following:
1. Source of stock
2. Species
3. Mooring Type/Layout
4. Assistants
5. Contact information
6. Maintenance Standards
A. All aquaculture gear must be maintained, and kept in a fully operational condition. The license holder is obligated to collect and or remove any loose or errant gear or equipment that is dislodged from the licensed site.
B. Each LPA site that has gear on it must be clearly marked at each corner, centerpoint, or at each end of the gear, as is appropriate to the gear type deployed, with a marked buoy. LPA Site ID and “Sea Farm” must be clearly displayed on every buoy. The marked buoys shall be readily distinguishable from aquaculture gear.
C. LPA license sites must be marked in accordance with the United States Coast Guard’s Aids to Private Navigation standards and requirements.
[end of MDR Rules Chapter 2.90 Limited-Purpose Aquaculture (LPA) License
2.95 Water Quality Classifications & Shellfish Aquaculture
A. Compliance
1. Applicability: This section applies to those persons who are issued an aquaculture lease pursuant to 12 M.R.S.A. §6072, §6072-A, or §6072-B, or a limited-purpose aquaculture (LPA) license pursuant to 12 M.R.S.A. §6072-C.
2. Water Quality: Water quality at any site used for aquaculture shall meet the criteria for the approved, conditionally approved, restricted or conditionally restricted classification, except for the culture of seed, as described in 2.90(3)(D) and 2.95(A)(4).
Any shellfish harvested pursuant to an aquaculture lease, or permitted site, shall be subjected to relaying or depuration prior to direct marketing if the culture area or facility is located in or using water which is in:
(a) The closed status of the conditionally approved classification;
(b) The restricted classification; or
(c) The open status of the conditionally restricted classification.
Relaying and depuration of shellfish requires a permit pursuant to DMR Regulations Chapter 94.
3. Closed Area compliance: Direct market harvest of shellstock is prohibited in areas that are closed due to marine biotoxins pursuant to Chapter 96 and bacterial pollution pursuant to Chapter 95, and in those areas that may be closed by the Department. For details about closure lines contact Marine Patrol Division I, west of Port Clyde, Tel. (207) 633-9595 or Marine Patrol Division II, east of Port Clyde, Tel. (207) 667-3373, or telephone the Shellfish Sanitation Hotline at 1-800-232-4733 or on the web at: http://www.maine.gov/dmr/shellfish%20sanitation%20hot%20line.htm .
4. Seed Shellstock
(a) Seed from growing areas in the prohibited classification must be moved to approved, conditionally approved, restricted or conditionally restricted growing areas before exceeding the maximum seed size as defined below. The length is measured along the longest axis.
i. American oyster (Crassostrea virginica): 0.5 inch total length
ii. European oyster (Ostrea edulis): 0.5 inch total length
iii. sea scallop (Placopectin magellanicus): 1.5 inch total length
iv. bay scallop (Argopectin irradians): 1 inch total length
v. softshell clam (Mya arenaria): 0.75 inch total length
vi. hard clam (Mercenaria mercenaria): 0.75 inch total length
vii. blue mussel (Mytilus edulis): 0.5 inch total length
viii. razor clam (Ensis directus): 2 inches total length
Aquaculturists growing seed in areas in the prohibited classification must have a Department approved operations plan that includes corrective actions for addressing seed exceeding the maximum size. The approved corrective actions shall be implemented when maximum seed size is exceeded. Failure to implement the approved corrective actions will result in destruction of the seed.
(b) Seed for LPAs must meet the requirements of the Health Areas in Chapter 2.90(3)(D) and 2.05(1)(J).
(c) Inspection: The Commissioner and his/her agents may inspect the lease site, seed, operations, and business records of individuals cultivating seed in areas in the prohibited classification.
STATUTORY AUTHORITY: 12 M.R.S. §§ 6072, 6072-A, 6072-B
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