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 program established pursuant to 12 MRSA §6671. The Department shall make
application forms available. 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.
Click to
view image
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. 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. If the holder of the LPA license is a municipal shellfish
management committee, there is no limit to the number of individuals that may
be declared as 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
Applications must identify the source of the stock or seed to
be cultivated or grown for each species, and for hatcheries list the current
name, address and phone number of the hatchery source for each species listed
under 2.90(2)(A).
(1) Hatcheries are
the only permitted sources for Hard clam/quahog (Mercenaria
mercenaria), Hen clam (Spisula solidissima), Arctic
surf clam (Mactromeris polynyma),or Soft shelled clam
(Mya arenaria), unless the Department issues a municipal
shellfish transplant permit that authorizes the collection of undersized
animals.
(2) 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.
(3) Any stock or seed obtained from wild
sources must be taken in accordance with applicable season or size limits, or
other limitations on take.
(4) All
sources of hatchery supplied seed or stock must be from hatcheries approved by
DMR.
(5) All shellfish stock or
seed used for cultivation or grow-out that have been exposed to waters outside
of an approved hatchery must originate from within the same Health Area defined
under 2.05 (1) (J) as the LPA site.
C. Site location
(1) The application must provide geodetic
coordinates, 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 growing area and
classification, 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 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 program, the chairperson
of the shellfish committee or a designated municipal officer 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
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 program established pursuant to 12 MRSA
§6671, the
signature of the chairperson of the municipal shellfish management committee or
a designated town officer, which shall verify that the proposed LPA will not
unreasonably interfere with the activities of the municipal shellfish
management program, is required. If the municipality does not have a shellfish
management committee, then a municipal official shall sign to verify that the
proposed LPA will not unreasonably interfere with the activities of the
municipal shellfish management program.
(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 the
denial of a required signature, except for signature required under
2.90(D)(3)(b). 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 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 classifications (including
distances from Prohibited areas if applicable), 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
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,
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
November 30. If a renewal application is not submitted to the Department by
November 30, 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.
Exception: LPAs applied for or held by a municipal shellfish
management program for conservation activities such as resource enhancement are
not required to complete the education requirement.
(2) Renewal applications shall be submitted
on a form provided by the Department. The non-refundable application fee must
be paid prior to renewal.
(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.
B. 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.
Should an area be downgraded from approved or conditionally approved, 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 and the LPA holder has a lease or has an ownership
stake in a company that holds a lease. 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 must comply with the maximum seed size limits as defined in
2.95(A)(4).
(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
cannotbe 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.
E. Maine Department of Inland Fisheries and
Wildlife Essential Habitats
LPA license sites cannot be located within any area
designated as Essential Habitat by the Maine Department of Inland Fisheries and
Wildlife.
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.
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), Arctic surf clam (Mactromeris
polynyma), 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 (Argopecten 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
(Argopecten 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;
(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.
6. Maintenance Standards
A. All aquaculture gear must be maintained,
remain within the boundaries of the site, 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. The LPA site ID and SEA FARM must be
clearly marked on every buoy.
C.
Except for a LPA site that has received a Private Aid to Navigation permit from
the United States Coast Guard, 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 yellow buoy. The marked buoys
shall be readily distinguishable from aquaculture gear and shall host
reflective material.
D. The LPA
holder must notify the Aquaculture Division of any changes to the contact
information listed on the license in writing within 30 days of the change
taking effect.
