12 M.R.S. §6085-B: Right to inspect and sample

The commissioner or the commissioner's agent shall have access to the leased or licensed area or licensed facility for a lease issued under section 6072, 6072‑A or 6072‑B or a license issued under section 6072‑C or 6085 for the purpose of the inspection or the collection of samples. A sample may be collected only if the commissioner or the commissioner's agent has identified a possible risk to public health, animal health or the health of other marine organisms. The commissioner or the commissioner's agent shall notify the leaseholder or license holder at least 24 hours in advance of sample collection, and the notice must identify the basis of the sample collection. The sample size must be as small as reasonably possible. The commissioner or the commissioner's agent shall provide the results of the testing on any samples to the leaseholder or license holder immediately after the results become available. The leaseholder or license holder shall make applicable marine resources licenses or permits available for inspection upon the request of the commissioner or the commissioner's agent. Denial of access to the leased or licensed area or licensed facility, including for the purposes of sample collection, is grounds for revocation of any lease or license issued pursuant to section 6072, 6072‑A, 6072‑B, 6072‑C or 6085. Sample testing records are confidential pursuant to section 6085‑C.