An Act To Protect the Public from Paralytic Shellfish Poisoning
Maine Legislature, Session 121, LD 0598
Committee: Marine Resources
Sponsors: LEMONT, ANDREWS, KAELIN, LEWIN
Amends: 12 MRSA §6621, 12 MRSA §6671, 12 MRSA §6743, 12 MRSA §6747, 12 MRSA §6856

Legislative Document 
No. 598 
S.P.207 
In Senate, February 11, 2003 
An Act To Protect the Public from Paralytic Shellfish Poisoning 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator LEMONT of York. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Representatives: ANDREWS of York, KAELIN of Winterport, LEWIN of 
Eliot. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6621, sub~§3, as amended by PL 1995, c . 323, 
§l, is further amended to read: 
3. 
Exception. This section does not apply to: 
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E. 
The harvesting of marine mollusks from closed areas for 
the 
use 
of 
bait 
or 
other 
uses 
not 
meant 
for 
human 
consumption, 
if the harvesting takes place 
according to 
rules adopted by the commissioner. 
The 
commissioner may 
adopt rules that permit the taking, possession, shipping, 
transportation and selling of marine mollusks for bait or 
other uses not meant for human consumption, if the rules do 
not 
jeopardize 
certification 
of 
the 
State's 
shellfish 
according to the National Shellfish Sanitation Program. 
Sec. 2. 12 MRSA §6671, sub-*3, 1fC, as enacted by PL 200L c. 
188, §2,is amended to read: 
c. 
~aFa~Fa~a--Gr--a 
surveying, 
sampling 
closed by regulation 
program 
or 
ordinance 
may 
not 
or harvesting of shellfish ln 
of the commissioner. 
allow 
areas 
Sec. 3. 12 MRSA §6671, sub-g3-A, ~A-L as enacted by PL 2001, 
c. 188, §3, is amended to read: 
Page l-LR1664(1) 
§4, 
§3, 
§1, 
A-I. 
The following exceptions apply. 
(1) An individual is not required to hold a shellfish 
license issued by the commissioner under section 6601 
in order to obtain a municipal commercial license. 
(2) 
A municipality 
may 
issue 
licenses 
under 
this 
section regardless of whether or not the area has been 
closed by the commissioner. 
(3) 
An individual taking shellfish from a--G-l-G-se-e an 
approved or restricted area for depuration under 
a 
depuration certificate issued by the commissioner is 
not required to hold a municipal shellfish license. 
Sec. 4. 12 MRSA §6743, sub-§3. as enacted by PL 1981, c. 297, 
is repealed. 
Sec. 5. 12 MRSA §6747, sub-§3. as enacted by PL 1987, c. 328, 
is repealed. 
Sec. 6. 12 MRSA §6856, sub-§3, as amended by PL 1989, c. 770, 
is further amended to read: 
3. 
Depuration certificate. 
The commissioner may issue a 
depuration certificate to a wholesale seafood license holder that 
authorizes 
the 
holder 
to 
take 
shellfish 
from 
e~esee areas 
designated 
by the commissioner as approved or restricted for 
depuration, processing and transportation. The certificate must 
establish limits on harvesting, depurating and processing methods 
and any other provisions required to 
aSS~Fe ensure the public 
safety. The commissioner may permit depuration of shellfish not 
contaminated 
by 
paralytic 
shellfish 
poisoning 
if, 
during 
depuration, a continual particle filtration process is used and 
it is established that the water used during depuration will not 
contaminate the shellfish with paralytic shellfish poisoning. 
To 
ensure 
consistency 
with 
municipal 
shellfish 
conservation 
programs, established pursuant to section 6671, the commissioner 
must consult with a municipal shellfish conservation committee 
before taking action to open an area within that municipality for 
depuration 
digging. 
The 
commissioner 
may 
continue 
to 
issue 
controlled 
purification 
certificates 
for 
areas 
that 
were 
restricted to depuration diggina on September 1, 1989, without 
consulting municipalities. 
Sec. 7. 12 MRSA §6856. sub-§4. 'trD, as amended by PL 200L c. 
112, §3, is further amended to read: 
D. 
The methods for taking, handling, shipping, transporting 
and processing of shellfish and whole scallops taken from 
elesea approved or restricted areas; 
SUMMARY 
This bill requires that shellfish harvested for depuration 
purposes be taken only from restricted or approved areas.