Code of Maine Rules
13 - DEPARTMENT OF MARINE RESOURCES
188 - MARINE RESOURCES - GENERAL
Chapter 2 - AQUACULTURE LEASE REGULATIONS
Section 188-2-05 - Definitions
Current through 2024-13, March 27, 2024
1. The definitions set forth in 12 M.R.S.A. § 6072 shall apply to the terms used in this chapter.
"Aquaculture" means the culture or husbandry of marine organisms by any person. In order to qualify as aquaculture, a project must involve affirmative action by the individual to improve the growth rate, survivability or quality of the marine organism. These activities do not include impounding lobsters, wet storage or activities conducted under the authority of municipal shellfish conservation programs in accordance with 12 M.R.S.A. § 6671(3)(A)(3).
"Culture or husbandry" means the production, development or improvement of a marine organism.
For the purposes of 12 M.R.S.A. Chapter 605 Subchapter 2 "riparian owner" means a shorefront property owner whose property boundaries are within 1000 feet of the proposed lease boundaries.
"Existing or Potential Uses" means all water-related activities and resources including, but not limited to, commercial and recreation fisheries, marine transportation, aquaculture, and boating.
"Adverse Effects" means impediments to water-related activities or unreasonable interference with natural processes supporting those activities. This includes, but is not limited to, floating or submerged obstruction, habitat destruction, natural flora and fauna displacement, current flow alteration, and lowered water quality.
"Structure" means anything that is constructed or erected with a fixed location, or attached to anything with a fixed location, on intertidal or subtidal lands.
"Discharge" means, for the purpose of this Chapter only, any spilling, leaking, pumping, pouring, emptying, dumping, disposing or other addition of any pollutant including, but not limited to, the addition of feed, therapeutants or pesticides to waters of the State.
"Scientific research" is a study or investigation intended to lead to new discoveries or advances within its field or to impact on the progress in that field, as determined by the Department. In making its decision, the Department shall consider the nature, funding and objective of the planned research, and the disposition of organisms used in research. The results of any scientific research shall be part of the public record.
"Commercial research and development" means a study by any person or company designed to try new species, new growing or harvesting techniques, new sites or to determine the commercial viability of an operation. The results of such research will not be part of the public record.
"Limited-purpose aquaculture (LPA) license Health Areas" means the territorial waters described as follows:
Eastern Line - Head of tide on the St. Croix River and International Boundary Line Canada and the U.S. (Maine).
Western Line from West Quoddy Head Lighthouse extending bearing 40° magnetic to the International Boundary Line Canada and the U.S. (Maine).
Eastern Line - West Quoddy Head Lighthouse extending bearing 40° magnetic to the International Boundary Line Canada and the U.S. (Maine).
Western Line - from Schoodic Point due South (True) to the boundary of Maine's territorial waters.
Eastern Line - from Schoodic Point due South (True) to the boundary of Maine's territorial waters.
Western Line - the Maine and New Hampshire border.
Head of tide to a line drawn from Emerson Point, at the southern most tip of Ocean Point in the town of Boothbay, easterly to Thrumcap Island, then northerly to the southern tip of Rutherford Island, South Bristol.
Eastern Line - Small Pt. due South Magnetic to the boundary of the territorial waters.
Western Line - A straight line from Active Lt. 2 Lt's. Cape Elizabeth to C "1" East Hue & Cry (43° 31.9N)(70° 08.8W); then proceed WSW to the boundary of the territorial waters.
"Fallow" means a lease site without cultured organisms.
"Mean low-water" means the average low tide. An approximation of mean low-water is made by observing the low-water mark when the tide height is at 0.0 feet as indicated on a tide table.
"Operational plan" means a written document outlining how a lease or license operator will utilize the authorized aquaculture site and structures and handle product to, on and from the site. The completed lease or license application, final lease or license decision, executed lease agreement, and any Department authorized amendments thereto, may be used as an operational plan. If a lease operator elects to develop a written operational plan it must comply with the completed lease or license application, final lease, or license decision, executed lease agreement, and any Department authorized amendments.
"Pending" means an application in process, from the date of receipt until final agency action, or until the application has been terminated or withdrawn.
