An Act
Maine Legislature, Session 121, LD 0081
Committee Amendment CA_A_H58 (House)
Amends: 12 MRSA §6728, 12 MRSA §6729

COMMITTEE AMENDMENT " /I" to 
to Increase the Minimum Ring Size 
H.P. 90, L.D. 81, Bill, 
of Legal Scallops" 
"An Act 
Amend the bill by striking out the title and substituting 
the following: 
'An Act To Set the Minimum Leqal Shell Size for Scallops' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'Sec. 1. 12 MRSA §6728, sub-§2, as enacted by PL 2001, c. 192, 
§1, is repealed. 
Sec. 2. 12 MRSA §6729 is enacted to read: 
§6729. 
Shell size minimum 
1. 
Minimum shel1 size. 
Except as provided in subsection 4, 
this subsection governs the shell size limits of scallops. 
A. 
From December 1, 2003 to November 30, 2004, a person may 
not pos§ess. Ship, transport, buy or sell scallops'that are 
less than 3 3/4 inches in the longest diameter. 
B. 
On December 1, 2004 and thereafter, a person may not 
possess. ship, transport. buy or sell scallops that are less 
than 4 inches in the longest diameter. 
Page l-LR0507(2) 
COMMITTEE AMENDMENT 
I', 
",." 
COMMITTEE AMENDMENT ,ll .. to H.P. 90, L.D. 81 
2. Prima facie evidence. 
It is prima facie evidence of 
possession of illegal scallops if a vessel contains scallops less 
than the minimum shell size set by this section or the minimum 
§hell size set by rules adopted pursuant to this section while a 
scallop boat license holder or crew member is shucking scallops. 
3. 
Release of undersize scallops. 
Those scallops that are 
less than the minimum shell size established by this section or 
by rules qdopted pursuqnt to this section must be immediately 
liberated into the waters from which they were taken. 
4. 
Rules. 
After December 1. 
2004. the commissioner may 
adopt rules to increase the minimum shell size set by this 
section. 
Rules adopted pursuqnt to this section are routine 
technical rules as defined in Title 5. chapter 375. subchapter 
5. 
Violation. 
A person who violates this section commits a 
civil violation. 
The following penalties apply. 
A. 
For the first offense. a fine of $250 is imposed and all 
scallops on board may be seized. 
B. 
For the 2nd qnd each subsequent offense. a fine of $250 
is imposed. all scallops on bOqrd mqy be seized and the 
scallop boat license may be suspended for one year.' 
SUMMARY 
This 
amendment replaces the bill and changes the title. 
Beginning on December 1, 2003, the amendment sets a statewide 
minimum shell size for scallops of 3 3/4 inches, and on December 
I, 
2004 
it increases that 
m~n~mum size to 
inches. 
The 
amendment requires the immediate release of all scallops that do 
not meet the size requirements and provides for prima facie 
evidence of the possession of illegal scallops. 
It also provides 
the Commissioner of the Department of Marine Resources with the 
authority to increase the shell size minimum and makes violations 
of shell size restrictions civil violations. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/12/03 ;tvae 
12lst Maine Legislature 
Office of Fiscal and Program Review 
LD81 
An Act to Increase the Minimum Ring Size of Legal Scallops 
LR0507(02) 
Fiscal Note for Original Bill as Amended by Committee Amendment 
Sponsor: Rep. Honey 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes a new civil violation. 
LR0507(2) - Fiscal Note - Page 1 of 1