§6073-D. Season and size exemption
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, except that this section does not apply to the requirements for lobsters, sturgeon and striped bass. This exemption applies to aquaculture products that do not meet the legal size or season requirements for wild-caught marine organisms of the same species. [PL 2009, c. 229, §8 (NEW).]
The person possessing the marine organism must maintain sufficient documentation to prove the aquacultural origin of the marine organism, including, but not limited to, documents indicating the point of origin, quantity and dates of production or purchase of all cultured marine organisms exempted by this section, and the holder must present the documentation for inspection to department personnel upon request. A consumer in possession of such a marine organism may present a valid sales receipt to satisfy this requirement. It is prima facie evidence of possession of a marine organism in violation of the law if the person possessing the marine organism cannot present sufficient evidence to prove its aquacultural origin. [PL 2009, c. 229, §8 (NEW).]
This section does not exempt the possessor of the marine organism from any requirement to hold a lease or license pursuant to section 6072, 6072‑A, 6072‑B, 6072‑C or 6085 to engage in the culture of marine organisms. [PL 2019, c. 310, §4 (AMD).]
SECTION HISTORY
PL 2009, c. 229, §8 (NEW). PL 2017, c. 94, §4 (AMD). PL 2019, c. 310, §4 (AMD).
Structure Maine Revised Statutes
Chapter 605: GENERAL DEPARTMENT ACTIVITIES
Subchapter 2: LEASES AND SPECIAL LICENSES
12 §6071. Importing of certain marine organisms
12 §6072. Research and aquaculture leases
12 §6072-A. Limited-purpose lease for commercial or scientific research
12 §6072-B. Emergency aquaculture lease for shellfish
12 §6072-C. Limited-purpose aquaculture license
12 §6072-D. Aquaculture Management Fund
12 §6073. Exclusivity; prohibition or interference
12 §6073-A. Season and minimum size exemption; aquaculture
12 §6073-B. Harvester license exemption; aquaculture
12 §6073-D. Season and size exemption
12 §6074-A. Spat collection license
12 §6076. Marine Shellfish Toxins Monitoring Program
12 §6077. Aquaculture monitoring program
12 §6078. Salmon Aquaculture Monitoring, Research and Development Fund (REPEALED)
12 §6078-A. Aquaculture Monitoring, Research and Development Fund
12 §6079. Aquacultural use of antibiotics; notice (REPEALED)
12 §6080. Aquaculture Advisory Council
12 §6081. Aquaculture Research Fund
12 §6082. Confidentiality provisions for aquaculture information from other jurisdictions
12 §6084. Nonpayment of aquaculture lease fees
12 §6085. Marine organism aquaculture license
12 §6085-A. Land-based aquaculture; reporting (REPEALED)
12 §6086. Abandoned aquaculture equipment and stock