Aquaculture Announcements

Notice of Aquaculture Lease Assignment, CAS MI, Town of Yarmouth

The Maine Department of Marine Resources (DMR) is accepting applications for the assignment of the standard lease, CAS MI. Applications must be received by 9:00 a.m. on June 29, 2026. Anyone interested in applying should review the information below prior to filing an application.

What is a lease assignment?

In accordance with 12 M.R.S.A. §6072(11-A) when a standard lease has been terminated or revoked, DMR may lease the same site on the same terms and conditions to a new lessee for the time remaining in the term of the previous lease. Essentially, the assignment process allows a lease site, with a remaining term, to be leased to someone else for the exact same operations.

For example, if the lease authorizes the cultivation of American oysters using floating bags, the new holder must continue cultivating American oysters using floating bags. In addition, the new holder must comply with all previously authorized operating requirements, including any lease conditions.

How does the process work?

The assignment process is specified in statute (see 12 M.R.S.A. §6072(11-A)), so potential applicants should review that section of law prior to applying. However, a summary of the process is provided below:

DMR provides notice to the public of the opportunity to apply to assume and operate the lease site.

After applications are received, they are reviewed in accordance with applicable eligibility criteria, which include an assessment of:

- Whether the application is complete and on forms provided by DMR.
- Whether the change in lessee would violate any of the decision criteria in 12 M.R.S.A. § 6072(7-A).
- Whether the assignment is intended to circumvent the intent of 12 M.R.S.A. §6072(8).
- Whether the assignment is for speculative purposes.
- Whether the assignment will cause the assignee to be a tenant of any kind in leases covering an aggregate of more than 1,000 acres.

After an eligibility review, DMR may either select for assignment the application that is best suited to the lease site and is in the best interests of the State, declare all proposals unsuitable and solicit new proposals, or suspend the assignment process for the lease.

If a proposal is selected for assignment, then the public, municipality, and any riparian landowners whose shorefront boundaries are within 1,000 feet of the lease are provided with notice and the opportunity to submit written comments on the possible assignment.

After the public comment period, a final decision is rendered, and the assignment may either be granted or denied.

Is there an application fee?

Who is eligible to apply?

Anyone may apply.

How do I apply?

The application form is included as an attachment at the end of this announcement.

Before applying, applicants are strongly encouraged to review the original application, lease decision, and lease agreement. Reviewing these documents will provide information related to the existing acreage, authorized gear, species, lease term, etc. Reviewing this information is important because, if the assignment is approved, the new lease holder will be required to operate the site in accordance with all prior authorizations, including using the same gear, gear orientation, species, and other terms and conditions. Additionally, some of this information is necessary to complete the application.

Applications must be received by 9 a.m. on June 29, 2026, and follow the submission instructions on the application. Late submissions will not be accepted.

How long does the assignment process take?

A definitive timeframe for a decision is difficult to provide due to several factors, including the number of proposals received, the time required for eligibility review, and whether an eligible proposal is ultimately selected. However, consistent with the considerations outlined in 12 M.R.S.A. §6072(11-A), DMR prioritizes the review and processing of assignment applications.

If the site is assigned, does it come with the gear and product?

No. The assignment is for the lease area.

If the site is assigned, does the new lease holder automatically get all other licenses and permits that may be required to operate the site?

No. It would be the responsibility of the new holder to ensure that they have any other necessary permits or licenses that may be required to operate the site, including applicable authorizations from the U.S. Army Corps of Engineers.

Who do I contact with questions?

Please email the Aquaculture Division at DMRaquaculture@maine.gov or call 207-350-7815.

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