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 and tolerance. A person may not take, possess or sell American oysters when 20% or more of a bulk pile is composed of cultchless American oysters, except that: A. A person may take, possess or sell American oysters when 20% or more of a bulk pile is composed of cultchless American oysters if those oysters were legally taken under a municipal shellfish conservation ordinance authorized under section 6671 that includes regulation of American oysters and for which a transplant permit has been issued by the department; [PL 2025, c. 227, §1 (RPR).] B. A person who is licensed under section 6810-B may take, possess or sell cultchless American oysters when 20% or more of a bulk pile is composed of cultchless American oysters if those oysters are legally taken from an aquaculture lease or license site authorized under section 6072, 6072-A, 6072-B or 6072-C; and [PL 2025, c. 227, §1 (RPR).] C. A person who is licensed under section 6851 or 6852 may possess, buy and sell cultchless American oysters when 20% or more of a bulk pile is composed of cultchless American oysters. [PL 2025, c. 227, §1 (NEW).] This subsection does not apply to a person who holds a current aquaculture lease or license site authorized under section 6072, 6072-A, 6072-B or 6072-C, as long as the person is engaged in activity authorized under those sections. The tolerance described under this subsection is determined by numerical count of not less than one peck nor more than 4 pecks taken at random from various parts of the bulk pile or by a count of the entire pile if it contains less than one peck. [PL 2025, c. 227, §1 (RPR).] 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).]
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