An Act To Correct Certain Errors and Inconsistencies in Laws Relating to Marine Resources
Maine Legislature, Session 121, LD 1471
Committee: Marine Resources
Sponsors: BULL
Amends: 12 MRSA §6001, 12 MRSA §6171-B, 12 MRSA §6174, 12 MRSA §6192, 12 MRSA §6204, 12 MRSA §6701, 12 MRSA §6702, 12 MRSA §6749-Y, 12 MRSA §6804, 12 MRSA §6856

Legislative Document 
No. 1471 
H.P.1076 
House of Representatives, March 28, 2003 
An Act To Correct Certain Errors and Inconsistencies in Laws 
Relating to Marine Resources 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative BULL of Freeport. 
Printed on recycled I"'I"'f 
'17/~ /17. /JJtc~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6001, sub-§8, as enacted by PL 1977, c. 66!, 
§5, is amended to read: 
8. 
Co.aon carrier. 
"Common 
carrier" 
means 
a 
vehicle 
engaged in carrying goods for profit in interstate commerceT 
whieh.t.h2..t. is licensed by the 
±Rt:eFs-1;at;.e.--GofAme-r~~-f:elMlissieR 
Federal Highway Administration. 
Sec. 2. 12 MRSA §6171-B, sub-§I, ,A, as enacted by PL 1999, c. 
297, §1, is amended to read: 
A. 
"Emerging fishery" means the commercial fishing for any 
marine 
organism, 
except 
shFimpT 
herring 
and. 
groundfish 
species, that requires a commercial fishing license issued 
under section 6501. 
Sec. 3. 12 MRSA §6174, as enacted by PL 1977, c. 661, §5, is 
amended to read: 
§6174. Rules as law; proof of rules; penalty 
1. 
Rules as law. 
All Feljlila1;i-G-a&-ef rules adqpted by the 
commissioner shall have the force of law. 
2. 
Proof of rules. 
A certified copy of a l:'elj1:l,lat:ieR-shall 
be rule is admissible in court to prove the l:'eljlilat:ieR rule and 
shaJ±--ee is prima facie evidence that the l:'eljlilat:3:eR rule was 
properly adopted. 
A 
l:'e'Jlila~-ieR--s-aall rule must ble personally 
certified by the commissioner, deputy commissioner or Chief of 
the Bureau of Marine Patrol and shall ~ 
be accompanied by his 
signed statement that it was in force on the date of the 
alleged violation. 
The certified copy saal-l-ee II admissible in 
evidence on the testimony of a marine patrol officer that he the 
patrol officer received the certified regulation after requesting 
it by telephone or otherwise from the department. 
No further 
foundation 
shall--ee II necessary 
for 
the 
admission 
of 
the 
certified copy. 
3. 
Penalty. 
Whoever 
violates 
a 
l:'e'Jlila~ieR--~~~--be 
pliRisheQ-~~~-peRalt:ies-~-~~-96Q4T-~~~-speeifie 
peRalt:y-is-et:he~wise-alit:he~iseQ-aRQ-p~eviQeQ rule commits a civil 
violation for which 
a 
fine of not less than $100 
for each 
violation may be adjudged. 
Sec. 4. 12 MRS A §6191, as enacted by PL 1977, c. 66!, §5, is 
amended to read: 
§6191. Rulemakinq 
Page l-LR19l0(1) 
1. 
Procedures. In adopting or amending any ~e~~*a~ieB ~, 
the commissioner shall use the procedures required for rulemaking 
under the Maine Administrative Procedure Act, Title 5, chapter 
375, and the additional requirements of this subchapter. 
2. 
Other requirements. 
A. 
A public hearing may be held but is not required unless 
it is requested by an interested person. 
B. 
The 
person conducting the hearing shall record and 
retain all relevant evidence provided at the hearing. 
c. 
Ne--~~~~a~ieB A 
rule, 
except 
a 
~e~~*a~ieB rule 
authorized under section 6172, saa** may not be adopted or 
amended without the advice 
and consent of the advisory 
council, except as provided in section 6192, subsection 2. 
Sec. 5. 12 MRSA §6192, as amended by PL 1993, c. 42, §1, is 
further amended to read: 
§6192. Emerqency rulemakinq 
1. 
Procedures. 
In an 
emergency adoption of 
a 
rule or 
amendment to a rule, the commissioner may modify the procedures 
required under the Maine Administrative Procedure Act and section 
6191 in the following manner. 
A. 
In an emergency adoption of a rule or amendment e~-F~*e6 
to 
a 
rule 
relating 
to 
the 
public 
health 
and 
safety, 
including rules authorized under section 6172, prior public 
notice and hearing 6aa** is not be required. 
B. 
In an emergency adoption of a rule or amendment e~-F~*es 
to a rule relating to the general welfare, as authorized by 
section 6171, the rule 6aa**-ae ~ effective immediately, as 
provided in subsection 4. 
A public hearing saa;U ~ 
be 
held 
in 
the 
affected 
area 
immediately 
thereafter 
if 
requested of the commissioner in writing by 5 persons. 
The 
hearing 
saa** 
~ 
be 
held 
within 
days 
of 
the 
commissioner receiving the written request. 
Notice of that 
hear ing saa** I!l.U§.!. be publi shed once, not les s than 5 days 
prior to the hearing, in a newspaper of general circulation 
in the affected area. 
c. 
In an emergency adoption of a rule or 
to 
a 
rule relating to gear conflicts, 
section 6171-A, the 
~efJ~*a~ieB--sha-l-l--be 
immediately, 
as provided in subsection 
amendment e~-E~*es 
as authorized by 
.Dil~ effective 
4. 
Prior public 
notice 
and 
hearing 
eaa±± 
II 
not 
Be· 
required. 
Notwithstanding 
any 
other 
provisions 
of 
law, 
a 
public 
hearing saa±± IIlY..5...t. be held in the affected area immediately 
if requested of the commissioner in writing by 5 persons. 
The 
hearing saaH 
IDY.§..t 
be 
held within 
days 
of 
the 
commissioner receiving the written request. 
Notice of that 
hearing sha±± must be published once, not less than 5 days 
prior to the hearing, in a newspaper of general circulation 
in the affected area. 
The commissioner shall decide within 
business days after the hearing whether to continue or 
repeal 
the 
emergency 
closure. 
Wis 
The 
commissioner' s 
findings of fact must include the justification for the 
repeal or continuance of the closure, an analysis of the 
objections expressed at the public hearing and the date for 
the end of the closure. 
Emergency 
f'e~\i±aEieBs rules under 
this paragraph may be repealed by the advisory council. 
2. 
Advisory council. The advice and consent of the advisory 
council saa±± is not Be required prior to an emergency adoption 
of a rule or amendment to a rule. 
3. 
Effective period. 
Any 
emergency 
f'e~\i±at-i-9-B---&ha-l..J--Be 
rule is effective only for 90 days, or any lesser period of time 
specified in the eHlef'~eBe}'-Fe~\i±aEieB rule. 
After the expiration 
of the emergency period, the 
f'e~\i±al::ieB-Bha±l-Bel::-.t;RE!FeaEEet rule 
may only be adopted eHee~.t;-~~~~-HlaBBef' ~ provided by section 
6191. 
This 
subsection 
Baa±± 
does 
not 
apply 
to 
emergency 
f'e~\i±aEieBs rules authorized under section 6172, which shall-Be 
are effective until repealed. 
4. 
Effective date. 
Except as provided in this subsection, 
emergency 
f'e~\i±aEieBs rules 
become effective 
immediately 
upon 
publication in a newspaper of general circulation in the area of 
the State affected, provided it:--:is those rules are submitted to 
the Attorney General and filed with the Secretary of State as 
required under the Maine Administrative Procedure Act, Title 5, 
chapter 375, within the next business day following publication. 
Notwi thstanding 
any 
provisions 
of 
the 
Maine 
Administrative 
Procedure Act, an emergency f'e~\i±a.t;ieB rule authorized by section 
6172, subsection 2 or 3 is effective immediately upon signature 
by the commissioner or the commissioner's authorized designee. 
Upon signing an emergency f'e~\i±aEieB rule that closes or opens an 
area 
or 
waters 
to 
the 
taking 
of 
marine 
orgranisms, 
the 
commissioner or the commissioner's authorized designE!e shall give 
oral notice of that action to local governmental aut:hori ties and 
shall publish notice of 
a 
closure as soon as possible in a 
newspaper 
of 
general 
circulation in 
the 
area of 
the 
State 
affected. 
Marine patrol officers shall take action to prevent 
taking of shellfish from a closed area, including the embargo of 
contaminated shellfish under section 6856, subsection 6 and the 
arrest of any person violating the emergency ~e~~~atieR ~. 
5. 
Repeal. 
Emergency ~e~~~atieRS ~ 
may be repealed in 
the same manner as they are adopted. 
Sec. 6. 12 MRSA §6204, as enacted by PL 1977, c. 661, §5, is 
amended to read: 
§6204. General penalty 
A violation of any prov1s1on of marine resources' laws eJ:' 
aRy-~~1at-~-aQ~Ae£46eQ-~~~-~--aQ&p~eQ-~-~e~islative 
aiJ:'eetive-sha~~-se iA a Class 0 crime, unless another penalty has 
been expressly provided. 
Sec. 7. 12 MRSA §6701, sub-§2, as amended by PL 2001, c. 421, 
Pt. B, §40 and affected by Pt. C, §1, is further amended to read: 
2. 
Licensed activity. The holder of a hand fishing scallop 
license may take scallops by hand or possess, ship, transport or 
sell shucked scallops the holder has taken. 
Sec. 8. 12 MRSA §6702, sub-§2, as amended by PL 1997, c. 572, 
§2, is further amended to read: 
2. 
Licensed activity. 
A boat licensed under this section 
may be used for dragging for scallops and to possess, ship, sell 
or 
transport 
shucked scallops taken under 
the license. 
The 
license also authorizes the captain and crew members aboard the 
licensed boat when engaged in dragging for scallops to undertake 
these activities. 
Sec. 9. 12 MRSA §6749-Y, as enacted by PL 1995, c. 595, §5, 
is amended to read: 
§6149-Y. Penalty 
Notwithstanding section 6204 and unless otherwise specified, 
a person who violates or fails to comply with this subchapter 
commits a Class 0 crime that is punishable by a fine of not less 
than $500. 
The fine may not be suspended. 
Sec. 10. 12 MRSA §6804, as amended by PL 2001, c. 421, Pte B, 
§§5l and 52 and affected by Pt. C, §l, is further amended to read: 
§6804. Commercial northern shrimp license 
1. 
License required. 
activities 
authorized 
under 
A person may 
this 
section 
commercial northern shrimp license. 
not 
e04~age 
without~ 
a 
in 
the 
current 
2. 
Licensed 
activities. 
The 
holder 
of 
a 
commercial 
northern shrimp license may fish for or take shrimp or possess, 
ship, transport or sell northern shrimp that the license holder 
has taken. 
A license issued under subsection 7, paragraph B or C 
also 
authorizes 
unlicensed 
crew 
members 
aboard 
the 
vessel 
declared by the license holder to engage in these activities. 
3. 
Boat declaration. 
The license holder shall declare the 
name of the vessel to be used for fishing under the commercial 
northern shrimp license at the 
time of application for 
the 
license and may not change that declaration dur.ing the license 
year unless the original vessel is sold and replaced, has been 
damaged and will be under repair for not less than one month or 
has been destroyed or lost. 
4. 
Reporting. The commissioner 
data that the holder of a commercial 
submit 
to 
the 
department. 
The 
application for 
the 
renewal 
of 
a 
section if the license holder fails 
required pursuant to this subsection. 
shall adopt rules regarding 
northern shrimp license must 
commissioner 
may 
deny 
an 
license issued under this 
to report the information 
5. 
Exemption. 
Notwithstanding subsection 1, a license is 
not required to fish for, take, possess or transport northern 
shrimp only for personal use. 
6. 
E1igibility. 
A commercial northern shrimp license may 
be issued only to an individual. 
7. 
Fees. 
Fees for the commercial northern shrimp license 
are as follows: 
A. 
Thirty-three 
dollars 
for 
a 
authorizes the license holder to 
activities under subsection 2; 
resident 
license 
that 
engage in the licensed 
B. 
Eighty-nine 
dollars 
for 
a 
resident 
license 
that 
authorizes the license holder and crew members to engage in 
the licensed activities under subsection 2; and 
C. 
Three hundred and thirty-four dollars for a nonresident 
license that authorizes the license holder and crew members 
to engage in the licensed activities under subsection 2. 
8. 
Disposition of fees. 
All fees for commercial northern 
shrimp licenses must be deposited in the Shrimp Management Fund 
established in section 6805. 
9. 
Violation. 
A person who violates this section commits a 
civil violation for which a 
€a~€ei~Q~e fine of not less than $100 
nor more than $500 may be adjudged. 
Sec. 11. 12 MRSA §6856, as amended by PL 2001, c. 112, §§2 to 
4, is further amended to read: 
§6856. Shellfish $anitation and depuration certificate 
1. 
Shellfish sanitation certificate. 
A person may 
not 
undertake the processing, buying, selling, Shipping, transporting 
or shucking of shellfish or whole scallops without a shellfish 
sanitation certificate aQ~aa~ises unless authorized under section 
6701 or 6702. 
The commissioner may issue a shellfish sanitation 
certificate to a wholesale seafood license holder or a shellfish 
transportation license 
holder 
that authorizes 
the 
holder 
to 
undertake the activities expressly authorized therein, which may 
include buying and selling, shipping, transporting, shucking or 
other processing of shellfish or whole scallops. 
A wholesale 
seafood 
license 
or 
shellfish transportation license 
is also 
necessary to undertake 
the activities authorized under 
those 
licenses. 
2. 
Express 
authorizations-
The 
commissioner 
shall 
expressly state 
the 
authorized activities 
on 
each shellfish 
sanitation certificate. 
The activities authorized saa:l::l: must be 
sufficient to allow the holder to carry out ais the holder's 
wholesale or transportation operations, 
~~ayieee-~aey except that 
the operations may be limited to the extent required to protect 
the public health. 
3. 
Depuration certificate. 
A person may not take shellfish 
from closed areas for depuration, processing and transportation 
without a depuration certificate. 
The commissioner may issue ~a 
depuration certificate to a wholesale seafood license holder that 
authorizes the holder to take shellfish from closed areas for 
depuration, processing and transportation. The certificate must 
establish limits on harvesting, depurating and processing methods 
and any other provisions required to 
aSSQ~e ensure the public 
safety. The commissioner may permit depuration of shellfish not 
contaminated 
by 
paralytic 
shellfish 
poisoning 
if 
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 digging on September 1, 1989, without 
consulting municipalities. 
4. 
Rules. 
The commissioner may adopt or amend !'e,}Hlat:ie,ns 
~ 
concerning: 
A. 
The procedures for issuing certificates and the required 
qualifications for each type of certificate; 
B. 
The minimum sanitation standards for establishments and 
vehicles; 
c. 
The 
sanitation 
and 
quality 
control 
standards 
for 
shellfish and whole scallops and their products; 
D. 
The methods for taking, handling, shipping, transporting 
and processing of shellfish and whole scallops taken from 
closed areas; 
E. 
The 
records 
processing, sales, 
and whole scallops; 
and 
reports 
shipping and 
of 
takings" 
transporting of 
purchases, 
shellfish 
F. 
The labeling or marking of shipments of shellfish and 
whole scallops; and 
G. 
Other !'e,}Hlat:ieBs rules necessary to the public health. 
The !'e,}Hlat:ieBs rules must be based on the particular operational 
requirements of each activity, the most recently adopted federal 
sanitation standards 
and 
the 
most 
recent generally 
accepted 
research data, in a manner so as to protect the public health and 
safety while allowing reasonable use of the State's shellfish and 
whole scallops. 
5. 
Riqht of entry. 
Whenever a certificate has been issued 
under this section, the commissioner, or sis th~ommissioner' s 
agent, 
s1:1all 
!!lYll have 
access 
to 
any establishment or part 
thereof for the purpose of inspection or collection of samples. 
Denial of access s1:1all-ae is grounds for suspension or revocation 
of any certificate or license under the provisions of section 
6373. 
6. 
Products embarqoed and condemned. 
The commissioner, or 
the commissioner's agent, shall indefinitely embargo, condemn or 
order to be destroyed any shellfish, shellfish product or whole 
scallop in any establishment whenever it is determined that the 
product is of unsound quality, contains any filthy, decomposed or 
putrid substance, or may be poisonous or deleterious to healthT 
or otherwise unsafe. 
The commissioner and the commissioner's 
agent shall cooperate with those state and federal 
agenciesT 
having similar responsibilitYT in the protection of public health 
and in enforcing the order to embargo, condemn or destroy. 
In the event that any shellfish, shellfish product or whole 
scallop in any establishment is embargoed, condemned or ordered 
destroyed, the commissioner, or the commissioner's agent, shall, 
as soon thereafter as practical, notify the owner in writing of 
the amount and 
~ind of shellfish, shellfish product or whole 
scallop embargoed, condemned or destroyed. 
7. 
Resident 
depuration 
harvesters. 
When 
harvesting 
soft-shelled clams under a 
depuration certificate, the person 
holding the certificate shall, to the extent possible, employ one 
person who is a resident of the municipality as harvester for 
every person employed as harvester who is not a resident of that 
municipality. 
8. 
Payments 
to 
municipalities. 
A 
person 
holding 
a 
depuration certificate shall pay each municipality an 
amount 
equal to 50¢ for each bushel of soft-shelled clams taken in that 
municipality under that depuration certificate. 
When submitting 
payment to a municipality under this SUbsection, the depuration 
certificate holder shall include a copy of the applicable record 
and report of takings submitted to the department pursuant to 
rules adopted under subsection 4. 
SUMMARY 
This bill makes 
changes to the laws relating to marine 
resources including the following. 
1. 
It corrects a reference to a federal agency. 
2. 
It eliminates a reference to shrimp in the laws relating 
to emerging fisheries. 
3. 
It clarifies that the violation of a rule adopted by the 
Commissioner of Marine Resources is a civil violation for which a 
fine of not less than $100 may be adjudged. 
4. 
It 
corrects 
an 
inconsistency 
with 
regard 
to 
the 
processing of scallops. 
It clarifies that scallop harvesters may 
process, possess, ship, transport or sell only shucked scallops. 
It requires that a person, except a person authorized by either 
of the scallop harvester licenses who processes, possesses, buys, 
ships, transports or shucks shellfish or whole scallops, 
have a shellfish sanitation certificate to process, sell, 
transport or shuck shellfish or whole scallops. 
must 
ship, 
5. 
It 
violation of 
violation. 
provides 
the laws 
that, 
unless 
otherwise 
relating to sea urchins 
specified, 
a 
is a 
criminal 
6. 
It clarifies that the commercial shrimp license pertains 
only to the northern shrimp species. 
7. 
It stipulates that it is a violation of law to engage in 
certain 
shellfish 
and 
whole 
scallop 
activities 
without 
a 
shellfish sanitation certificate or a depuration certificate. 
8. 
It changes all references to regulations to conform to 
the rule-making process provided in the Maine Revised Statutes, 
Title 5, chapter 375. 
9. 
It also makes certain clerical corrections.