LPA License Information

LPA Health Zones (DMR Rule 2.05(1)(J))

In DMR Regulation, these zones are referred to as “LPA Health Areas” but are commonly referred to as “LPA Health Zones” to avoid confusion with Pollution Areas, which are defined by the DMR Public Health Division.

LPA Requirements

Requirements pertaining to LPAs (Chapter 2.90(2)(B)): All wild shellfish stock or seed used for cultivation or grow-out must originate from within the same Limited Purpose Aquaculture (LPA) license Health Zone as the LPA license site. A permit is required from DMR if the stock or seed originates from outside the Health Zone.

LPA license Health Zones are the territorial waters described as follows:

(1) Zone 1: Downeast and Canada border

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).

(2) Zone 2: West of Quoddy Head to Schoodic Point

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.

(3) Zone 3: Schoodic Point to the Maine - New Hampshire border

Eastern Line: from Schoodic Point due South (True) to the boundary of Maine’s territorial waters.

Western Line: the Maine and New Hampshire border.

(4) Zone 4: Damariscotta River

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.

(5) Zone 5: Casco Bay

Eastern Line: Small Pt. due South Magnetic to the boundary of the territorial waters.

Western Line: A straight line from Active Light 2 Lights, Cape Elizabeth to C "1" East Hue & Cry (43° 31.9N)(70° 08.8W); then proceed WSW to the boundary of the territorial waters.

LPA Health Zones Map

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LPA Information for License Holders

Important Information for Limited-Purpose Aquaculture (LPA) License Holders (DMR Rule 2.90 (5) and (6))

1. No Discharge. See Chapter 2.90 (5)(A). The licensed activity must not generate a discharge. This means that you cannot add any substances to the water, such as feed or medicine.

2. Carry a copy of the LPA License. See Chapter 2.90 (5)(B). You and your named assistants are the only people legally allowed to handle aquaculture gear belonging to you. You must each carry a copy of the LPA license whenever you are engaged in any activity at the LPA site. If a National Weather Service-issued hurricane warning is in effect, then others may also assist you and handle the gear.

3. Restrictions on Harvest. See Chapter 2.90 (5)(C)(1). Harvest of shellfish is prohibited in areas closed due to marine biotoxins or bacterial pollution. For details about closed areas, see the Department’s web site at: https://www.maine.gov/dmr/fisheries/shellfish/closures or call DMR Marine Patrol Division I at 207-633-9595 (for areas west of Lincolnville), or Division II at 207- 664-2392 (for areas east of Camden), or call the Shellfish Sanitation Hotline at 1-800-232-4733. LPAs do not qualify for Memorandum of Understanding agreements to allow exemptions from biotoxin closures.

4. Record-Keeping. You must maintain complete, legible, and accurate records of transport, transfer, harvest, and monitoring and keep these available for inspection for at least two (2) years; and submit to the Commissioner an annual report of these activities. The records must include the following:

(1) LPA acronym, site location, date

(2) Source of shellfish, including seed if the seed is from growing areas which are not in the approved classification status pursuant to Chapter 2.90 and/or Chapter 94;

(3) Dates of transplanting and harvest;

(4) Detailed records of sales;

(5) Records of the origin and health status of all seed or shellfish stock reared on the site must also be maintained.

5. Site Marking. See Chapter 2.90 (6)(B) and (C). The LPA site ID and SEA FARM must be clearly marked on every buoy. Each LPA site that has gear must be marked at each corner, center point, or at each end of the gear as appropriate for the gear type deployed. Marker buoys must be yellow and host reflective material.

6. Maintenance Standards. See Chapter 2.90 (6)(A). All aquaculture gear must be maintained and kept in a fully operational condition. You must collect and/or remove any loose or errant gear or equipment. Storage of gear when not in use must be located in an upland location and not on the substrate or on marsh vegetation. You must be proactively ensuring that bird or mammal waste does not accumulate on gear and adversely impact water quality on or around your LPA.

7. Contact the Coast Guard. You need to contact the U.S Coast Guard Private Aids to Navigation Office for approval of navigation marking devices according to the United States Coast Guard Private Aids to Navigation (PATON) standards. To begin the application process, go to http://www.usharbormaster.com and register.

8. To harvest product or remove it for any purpose from your LPA site you must also obtain an Aquaculture Harvester License and follow all other pertinent rules and regulations such as tagging of shellfish. This license can be obtained through DMR’s Licensing Program or LEEDs (online licensing system). You may also be responsible for reporting your harvest to DMR’s Landings Program. Please see Chapter 8 of DMR’s regulations for additional information concerning reporting requirements.

9. Amendments. No changes can be made to the LPA license during the licensing term. At the time of renewal, the holder may request changes to source of stock, species, mooring type/layout, and assistants.

10. Contact information. 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.

11. Renewal. LPA licenses expire on December 31 each year. DMR will email you renewal instructions, via GovDelivery, prior to December 31. To sign up for the listserv, visit this website: https://public.govdelivery.com/accounts/MEDMR/subscriber/new