§6073. Exclusivity; prohibition or interference
1. Exclusivity. Each lease for aquaculture shall be exclusive for the species and to the extent provided by the commissioner in the lease.
[PL 1977, c. 661, §5 (NEW).]
2. Prohibition on interference. It shall be unlawful to interfere with the rights provided in a lease.
[PL 1977, c. 661, §5 (NEW).]
2-A. Cultchless American oysters; possession. Prior to the point of retail sale, a person may not possess a cultchless American oyster grown in the State unless that person:
A. Is a grower licensed under section 6863, an employee of a licensed grower or an agent of a licensed grower; or [PL 1991, c. 876, §1 (NEW).]
B. Is in the possession of a bill of sale or a bill of lading that includes the license number of the grower. [PL 1991, c. 876, §1 (NEW).]
[PL 1991, c. 876, §1 (NEW).]
2-B. Marking. In the coastal waters of the State, a person may not mark or designate an area as a sea farm, aquaculture lease or other similar designation unless that area is currently leased for aquaculture or is under consideration by the department for a lease through the aquaculture lease application process.
[PL 2007, c. 212, §3 (NEW).]
3. Penalty. Any person who violates subsection 2-A or who knowingly and willfully violates subsection 2 is guilty of a Class D crime, except that, notwithstanding Title 17‑A, sections 4‑A, 1704 and 1705, the court shall impose a fine of not less than $1,000 and restitution may be ordered made to the owner of the lease in an amount set by the court pursuant to Title 17‑A, chapter 69.
[PL 2019, c. 113, Pt. C, §10 (AMD).]
SECTION HISTORY
PL 1977, c. 661, §5 (NEW). PL 1991, c. 284 (AMD). PL 1991, c. 876, §1 (AMD). PL 1995, c. 157, §1 (AMD). PL 2007, c. 212, §3 (AMD). PL 2019, c. 113, Pt. C, §10 (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