LPA License | Experimental Lease | Standard Lease | Renewal/Transfer/Amendment/Expansion | Public Hearing | Public Comment | Key Terms | FAQ
Public participation is an important part of the aquaculture licensing and leasing process. The information on this page is intended to help you effectively engage with the process and is broken out by application type. Please carefully review the information below and contact the Aquaculture Division if you have any questions (DMRAquaculture@maine.gov).
General Overview
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All proposals are evaluated in consideration of applicable decision criteria. The Department cannot consider other factors not expressly listed in rule or law.
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The opportunities for public feedback are specified in statute and rule and vary by the type of proposal. The sections that follow contain information about public participation by application type. They also include general information about submitting public comments and participating in lease hearings.
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The statutes governing the aquaculture leasing/licensing process are 12 M.R.S.A. §6072 et seq. and regulations can be found in Chapter 2. Please visit the DMR aquaculture laws and regulations page to read the legal text.
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Please note that pending lease applications and associated notices are hosted on our website. Given their processing requirements, the Department does not post pending Limited-Purpose Aquaculture (LPA) license applications to our website.
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Details about upcoming meetings, scoping sessions, and hearings are available on our website.
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If you have or intend to submit public comment on a proposal, please also review the section on public comments. Not all applications have comment periods, so please check the respective notice.
Limited-Purpose Aquaculture (LPA) Licenses
Description: An LPA license authorizes the culture of certain marine organisms using specified types of gear. An LPA cannot exceed 400 square feet in size, and they expire December 31st each year (the holder may apply to renew the license). LPAs are only issued to individuals.
Review: Given their limited scale, these sites are reviewed through a ‘permit by rule’ type process. Riparian landowners whose property boundaries are within 300 feet of the LPA are notified by the applicant at the time of submission of an application to DMR. Those riparian landowners are provided with the opportunity to comment on the application. Each LPA application also requires certain signatures from the municipality and other stakeholders depending upon site characteristics.
Once an LPA application is received, the municipality where the proposal is located, and the lobster zone representative are notified by DMR and given two-weeks to submit comment(s).
No Hearings: Given their limited scale and allowable culture/species, no public hearings are held for LPA licenses.
Decision: The Department will review any comments received and render a decision based on criteria established in statute [§6072-C(2-A)] and listed below:
- The proposed activity generates no discharge into coastal waters;
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The applicant proposes to use aquaculture gear and markings approved by DMR;
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The gear, excluding mooring equipment, does not cover more than 400 square feet of area and the gear does not present an unreasonable impediment to safe navigation;
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The proposed activity does not unreasonably interfere with the ingress and egress of riparian owners;
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The proposed activity does not unreasonably interfere with fishing or other uses of the area, taking into consideration the number and density of aquaculture leases and licensed aquaculture activities in that area;
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The proposed location, species and activity do not present a risk to public health;
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The applicant holds no more than 3 other limited-purpose aquaculture licenses; and
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The consent of the riparian owner is obtained if the proposed activity is located above the mean low-water mark.
The application also must meet any other statutory/regulatory requirements specific to processing.
Experimental Leases (aka Limited-Purpose Leases)
Description: An "experimental" lease, also referred to as a limited-purpose lease, permits the lease holder to culture authorized species on up to 4 acres for commercial or scientific purposes. An experimental lease has a duration of 3 years. Experimental leases for commercial purposes cannot be renewed. Experimental leases for scientific purposes are renewable.
Review: Once an experimental application has been deemed complete, DMR opens a 30-day public comment period, so interested persons can submit feedback on the proposed application or request a public hearing. The town where the proposed site would be located and riparian landowners within 1,000 ft of the site are notified by DMR. The notice is also posted to DMR's website and published in the newspaper. After the comment period, DMR scientists assess the site and publish a report of their observations.
Hearings: A public hearing is at DMR’s discretion unless the requisite number of hearing requests are received during the comment period.
For experimental leases, all comments submitted before the close of the 30-day public comment period will be reviewed as part of the assessment of the lease proposal. If a hearing is held, the Department would consider evidence and testimony submitted during the proceeding.
Decision: The legal criteria [§6072-B(13)] for granting an experimental aquaculture lease are that the lease must not unreasonably interfere with the:
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Ingress and egress of riparian owners;
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Navigation;
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Fishing or other uses of the area;
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Other aquaculture uses;
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Ability of the site and surrounding areas to support ecologically significant flora and fauna; or
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Public use or enjoyment within 1,000 feet of beaches, parks, or docks owned by local, state, or federal governments; and
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The applicant must demonstrate that there is an available source of organisms to be cultured for the lease site.
Standard Leases
Description: A standard lease permits the lease holder to culture authorized species on up to 100 acres for up to 20 years. Once granted, standard leases may be renewed, transferred, amended, or expanded (details on those applications are included in the sections that follow).
Review: Standard leases have certain pre-application requirements. For example, DMR requires standard lease applicants to submit a "draft application" and hold a scoping session on their draft before the submission of a “final application.”
- The draft application outlines their preliminary plans for the proposed site. Draft applications that have been deemed ready for scoping are available on DMR’s pending lease application website or by contacting DMR.
- The scoping session is an informal public meeting to get feedback on the proposed plans. These meetings are an opportunity for the public to learn about the proposed lease and ask questions of the application. Notice of a scoping session is posted DMR’s website, sent to the municipality, and riparian landowners listed in the draft application. The applicant also publishes notice of their scoping session in the local newspaper.
- The applicant submits a final application to DMR for review after the scoping session. Once the application is deemed complete, notice is provided to stakeholders in accordance with law and rule. DMR scientists will also assess the site and publish a report of their observations.
Hearings: All standard lease applications have a public hearing. The hearing will be scheduled after the final application has been deemed complete and the DMR site report has been published. Standard lease applications do not go through a public comment period. To provide feedback, you must register and attend the public hearing to provide testimony under oath.
Decision: The legal criteria [§6072(7-A) and Chapter 2.37] for granting a standard aquaculture lease are that the lease must not unreasonably interfere with the:
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Ingress and egress of riparian owners;
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Navigation;
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Fishing or other uses of the area;
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Other aquaculture uses;
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Ability of the site and surrounding areas to support ecologically significant flora and fauna; or
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Public use or enjoyment within 1,000 feet of beaches, parks, or docks owned by local, state, or federal governments or certain government-owned conserved land;
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Lease must not result in unreasonable impact from noise or light at the boundaries of the lease site, and it must comply with DMR rules to minimize the visual impact of the lease; and
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The applicant must demonstrate that there is an available source of organisms to be cultured for the lease site.
Renewal, Transfer, Amendment, and Expansion of Standard Leases
Renewal
Description and Procedure: Standard leases are issued for set period of time (up to 20-year terms). Before the lease expires, the holder may submit a renewal application to DMR requesting that the term be extended for up to 20 years. Standard leases may be renewed if they meet the conditions established in 12 M.R.S.A. §6072(12) and Chapter 2.45:
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The lease is not being held for speculative purposes. Consideration of speculative purposes includes whether the lessee has conducted substantially no research or aquaculture in the lease areas during the previous term;
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The renewal is in the best interest of the state. Consideration of the best interest of the state may include, but shall not be limited to, conflict with other new or existing uses of the area which the Commissioner determines to be a higher use of the area from the perspective of the public interest.
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Aggregate lease holdings. The Commissioner may not grant a lease renewal if the renewal will cause the lessee to become a tenant of any kind in leases covering an aggregate of more than 1000 acres.
Once DMR determines the renewal application is complete, a 30-day comment period is established with notice provided to riparian landowners within 1,000 feet of the site, municipality, and other stakeholders as required by law. Notice is also published in a local newspaper and posted to DMR’s website. The comment period is an opportunity to provide feedback on the renewal request as it relates to the criteria or request a public hearing.
Hearing: A public hearing is at DMR’s discretion unless the requisite number of hearing requests are received during the comment period.
DMR renders a final decision on the renewal request based on applicable criteria, comments received, or evidence in the record if a hearing is held.
Transfer
Description and Procedure: A standard lease holder may apply to transfer all or partial ownership of the site to another person or entity. Aquaculture lease transfers are governed by 12 M.R.S.A. §6072(12-A) and by Chapter 2.60 of DMR’s rules, which provide that a standard lease shall be transferred if:
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The change in lessee's identity does not violate any of the lease issuance criteria set forth in 12 M.R.S.A. §6072(7-A);
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The lease transfer is not intended to circumvent the preference guidelines for treatment of competing applications as set forth in 12 M.R.S.A. §6072(8); and
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The lease is not being held for speculative purposes; and the transfer will not cause the lessee to be a tenant of any kind in leases covering an aggregate of more than 1,000 acres.
Once DMR determines the transfer application is complete, a 30-day comment period is established with notice provided to riparian landowners within 1,000 feet of the site, municipality, and other stakeholders as required by law. Notice is also published in a local newspaper and posted to DMR’s website. The comment period is an opportunity to provide feedback on the transfer request as it relates to the criteria.
Hearing: There are no hearings for lease transfer requests.
DMR renders a final decision on the transfer request based on applicable criteria and comments received. If a transfer is granted, it is only modifying the holder(s) of the respective lease. A lease transfer does not change the originally permitted operations, conditions, etc.
Amendment
Description and Procedure: Lease holders may apply to DMR to change the species, gear, and/or operations on their existing site. Review of a standard lease amendment is governed by 12 M.R.S.A. §6072(13)(G) and Chapter 2.44 of DMR regulations. Amendments may be granted, so long as the proposed changes:
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Are consistent with the findings for the underlying lease application;
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Do not materially alter the findings of the original decision; and
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Would not result in a change to the original lease conditions.
Once DMR determines the amendment application is complete, DMR establishes a 14-day comment period. DMR notifies riparian landowners within 1,000 feet of the site and the municipality.
Hearings: There are no hearings for amendment requests.
DMR renders a final decision on the amendment request based on applicable criteria and comments received.
Expansion
Description and Procedure: An expansion request is for a proposed increase in acreage to an existing standard lease. Pursuant to 12 M.R.S.A. §6072(12-C), expansion acreage can be up to 25% of the existing lease or 4 acres, whichever is less. Review of expansion requests is governed by Chapter 2.61. Expansions may be granted, so long as the lease expansion:
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Does not violate any of the lease issuance criteria and is consistent with the Commissioner’s findings on the underlying lease application;
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Does not violate any of the conditions set forth in the original lease;
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Is not for speculative purposes; and
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Will not cause the applicant to be a tenant of any kind in leases covering an aggregate of more than 1,000 acres.
Once DMR determines the expansion application is complete, DMR establishes a 30-day comment period. DMR notifies landowners within 1,000 feet and municipal officers in the town in which the lease is located. Notice of the expansion application and the 30-day comment period is also published in the local newspaper. Site assessments for lease expansion applications are at DMR's discretion.
Hearings: There are no hearings for expansion requests.
DMR renders a final decision on the expansion request based on applicable criteria and comments received.
What is an Aquaculture Public Hearing?
Description: The purpose of a public aquaculture hearing is to gather testimony (feedback you may provide about the proposal, which is given under oath) and evidence relating to the legal criteria DMR uses to determine whether to grant or renew a lease. These types of hearings are formal and more like attending a court proceeding than going to a meeting. Many people confuse these proceedings with a meeting and can be surprised by the formal, court-like structure. Notice of a hearing is processed at least 30 days before the date of the proceeding. Notice is published in the local newspaper, posted to DMR’s website, provided to the municipality, and mailed to riparian landowners within 1,000 feet among other steps.
Prehearing Conference: Pending the complexity of a case or issues raised, DMR may elect to hold a prehearing conference. This is an optional meeting held before the hearing. During a pre-hearing conference, DMR typically explains the general conduct of the hearing, prefiling of exhibits or testimony, and other procedural matters. The notice of the hearing indicates whether a prehearing conference has been scheduled.
Hearing Registration: Anyone planning on providing testimony or asking questions during a hearing must register. Registration helps DMR facilitate the proceeding and ensures that registered participants are given the opportunity to present testimony and ask questions. Persons who do not register will not be able to provide testimony or ask questions, but are able to observe the hearing. It is best for anyone planning on coming to the hearing to register. Pre-registration requirements including deadlines are listed in the notice of the hearing. Persons who do not register to offer testimony or ask questions by the deadline cannot participate in proceeding. However, they may still attend.
Hearing Format: The hearing is managed by a DMR Hearings Officer, who is trained to run the hearing in accordance with administrative and other laws. Anyone who testifies must be sworn to tell the truth and must remain available for questioning. A hearing is specific to the lease proposal under consideration-it is not an opportunity to talk about aquaculture policy, or other topics unrelated to the application.
Unless otherwise specified in the respective hearing notice, proceedings are typically scheduled Monday-Thursday and begin at 1:00 p.m. They are scheduled year-round at facilities in or near the municipality where the proposal is located. In accordance with law, hearings are scheduled in-person and remote options are only offered in specific circumstances (i.e. the hearing is on an island and access to the island is limited). Most hearings conclude in a day, but some may be continued on subsequent day(s). Notice of a continuance is announced at the hearing and posted to DMR’s website.
The order of testimony is established in regulation and public testimony is taken at the end of the proceeding (after the applicant and other stakeholders). Given regulation and facilitation considerations, DMR is unable to accommodate the personal scheduling preferences for registered members of the public. Therefore members of the public that register to provide testimony should be prepared to stay the duration of the proceeding.
Hearing Conduct: These hearings are like court proceedings. Unless called upon to speak, stakeholders should remain silent and follow all directives issued by the Hearings Officer. All participants must treat each other with respect. Persons who are disruptive will be removed from the proceeding. In addition, failure to follow instructions may limit stakeholder participation in the proceeding.
Hearing Cancellations: Most hearings are held on the date they are initially scheduled. However, weather, or other extenuating circumstances may require cancellation. If state offices are closed on a day a hearing is scheduled, then the hearing is cancelled. State office closures are communicated through television, radio, and posted on the state of Maine’s website. If state offices are open, but DMR needs to cancel the proceeding due to extenuating circumstances, registered participants, members of the public, the hearing venue, and municipality will be notified. Notice will also be posted to DMR’s website.
Intervenors: An intervenor is a person or entity that has demonstrated to DMR that the proposed lease will substantially and directly affect them. They are a legal party to the proceeding. Stakeholders must apply to DMR to become an intervenor in a lease hearing. Intervenor participation is different from other stakeholders as they may present their own witnesses and comment on the draft lease decision. However, intervenors also need to follow any procedural orders and adhere to laws and rules governing their participation in the proceeding. Intervenors are often represented by legal counsel, but it is not a requirement.
You do not need to be an intervenor to provide testimony at a public hearing (you would register as a member of the public). Being granted intervenor status is not guaranteed, so even if you apply for intervenor status, you still need to register to provide testimony at the public hearing. If you are interested in applying for intervenor status, please email or call the Aquaculture Division for an application.
How to Prepare for a Hearing: Registered attendees may provide testimony at the public hearing or ask questions of certain stakeholders at the discretion of the Hearings Officer. Testimony needs to be specific to the lease decision criteria and questions focused on the information presented during the hearing.
If you testify at a public hearing, you must be sworn in and remain available for questions. To be effective:
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Prepare your testimony in advance as there may be limits on the amount of time a stakeholder is given to present feedback.
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Address your testimony to the statutory decision criteria for the respective application.
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Support your points with detail. For example, instead of stating: “I fish in the area” and moving on to other points, please detail the activity. For example, include species are targeted, the time of year fishing occurs, where the fishing occurs in relationship to the proposed lease area, and other information to support your statements.
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Be prepared to answer questions from DMR and other stakeholders about your testimony.
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Review the Lease Hearing Policy and Code of Conduct
How to Submit Public Comments/Hearing Requests
Proposals that have a comment period include applications for experimental leases, standard lease renewal, transfer, amendment, or expansion, and LPA licenses. Standard lease applications do not have a comment period, because all standard leases have a public hearing. Hearing requests apply only to experimental applications and renewal applications. If you plan on providing feedback during a public comment period, please follow the guidance below:
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Make sure the comments are submitted in time to be received by the deadline listed in the respective notice.
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All LPA and lease applications are evaluated in accordance with established criteria, so for full consideration please address your feedback to the respective criteria.
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Please be as detailed as possible as this helps us better understand your concerns in consideration of the respective criteria.
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If you are requesting a hearing, please clearly state that (i.e., “I am requesting a public hearing on this proposal”).
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The Department will acknowledge receipt of comments and check to see if they include a hearing request (if applicable). However, the Department does not typically respond to the points made in comments.
Key Terms
In a lease proceeding, you may regularly see or hear the following terms:
Hearings Officer: The individual that facilitates the proceeding on behalf of the Department. They are also gathering evidence and testimony specific to the application and lease decision criteria.
Testimony: Oral remarks provided by an individual who is under oath. Prior to providing any remarks, individuals are sworn to tell the truth.
Cross-examination: After an individual provides testimony, stakeholders are provided with the opportunity to ask them questions about what they said. The question asking is referred to as cross-examination.
Evidence: Documents or other materials that have been entered into the record by the Hearings Officer.
Intervenor: Are person(s) or entity(ies) that applied to the Department to become a legal party to the proceeding. An intervenor needs to meet certain requirements for the status to be conferred. Intervenors may be able to present their own witnesses, and comment on proposed lease decisions. Not all cases have intervenors.
Parties: These are individuals or entities that are legal parties to the proceeding. They are separate from members of public and typically include the applicant and intervenors (if applicable). Depending upon the nature of the case, the parties may be subject to orders that further govern their participation in a proceeding. These expectations may differ from certain provisions outlined in this document.
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Frequently Asked Questions (FAQs)
How do I receive processing updates about a specific lease proposal?
Notice requirements for leases are specified in law and rule. If you are not a stakeholder that is legally required to receive direct notice of a proposal (i.e. municipality, riparian owner within 1,000 feet of the proposed site, etc.), please subscribe to GovDelivery. This is a free service that DMR utilizes to provide notices of comment periods and hearings and other related updates to stakeholders. Please visit GovDelivery New User Sign Up to subscribe. If you do not wish to receive these updates, DMR also posts notices to our website.
What happens if I don’t register to provide testimony or ask questions during the hearing?
Anyone wishing to provide testimony or ask questions is required to register. If you do not register by the deadline, you cannot provide testimony or ask questions during the hearing. However, you can still attend the hearing as an observer.
I can’t attend the hearing. May I submit written comments to DMR instead?
No. Lease hearings are more like court proceedings and persons need to attend the hearing to provide testimony under oath and be subject to cross examination. This is necessary to comply with the laws and rules governing these types of hearings.
May I read someone else’s testimony at the hearing? They are unable to attend the hearing.
No. Lease hearings are more like court proceedings and persons need to attend the hearing to provide testimony under oath and be subject to cross examination. This is necessary to comply with the laws and rules governing these types of hearings.
I am concerned that the site will negatively impact the value of my shorefront property. Can DMR consider that when evaluating an aquaculture site?
No. Each type of application has a set of decision criteria as established in law and rule. Impacts to property values are not a criterion the agency can consider. For full consideration, please make sure you address testimony to the applicable decision criteria.
Do I have to register for the hearing if I also submitted an intervenor application?
Yes. Applying for intervenor status does not mean it will be granted. DMR needs to review each application and render a decision accordingly. If you don’t register and are not granted intervenor status, then you are unable to provide testimony or ask questions. However, if you register and are granted intervenor status, then you will participate in the proceeding as a legal party instead of as a registered member of the public.
What happens if weather conditions cause a hearing to be canceled?
Certain times of year (typically November - April) can bring weather conditions that cause cancellations or otherwise make travel unsafe. For hearings scheduled during this time period, please note the following:
- If there is a statewide closure of government offices on a day a hearing is scheduled, then that hearing is cancelled by default. The Department will try to communicate such a cancellation to stakeholders, but depending upon the severity of the weather event that may not always be possible (i.e. widespread power/internet outages). Statewide office closures are communicated via citizen alert, posted to the state’s webpage, and broadcast on the radio.
- Maine is a large state and sometimes storms are specific to certain region(s). Therefore, the Department may also cancel a hearing if travel is unsafe even if state offices remain open. In those cases, notice of a cancellation will be sent to registered participants, municipality, applicant, posted to our website, and sent to subscribers of aquaculture notices via GovDelivery. Those notices will be sent the morning of the hearing (typically by 10 a.m.).