An Act To Amend Maine's Shellfish Laws To Maintain Compliance with Federal Law and Protect Maine's Shellfish Industry
Maine Legislature, Session 122, LD 1449
Committee: Marine Resources
Sponsors: PERCY, MAYO
Amends: 12 MRSA §6103, 12 MRSA §6301, 12 MRSA §6601, 12 MRSA §6625, 12 MRSA §6676, 12 MRSA §6731, 12 MRSA §6732, 12 MRSA §6745, 12 MRSA §6746, 12 MRSA §6852, 22 MRSA §2152

Legislative Document 
No. 1449 
H.P.1013 
House of Representatives, March 22, 2005 
An Act To Amend Maine's Shellfish Laws To Maintain Compliance 
with Federal Law and Protect Maine's Shellfish Industry 
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 PERCY of Phippsburg. 
Cosponsored by Senator MAYO of Sagadahoc. 
Primed on recydeu papt:r 
'IJ'/~ 1?? 7I/P£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA c. 420, as amended, is repealed. 
Sec. 2. 12 MRSA §6103, as amended by PL 1 9 9 1, c. 784, §4, is 
further amended to read: 
§6103. Implementation of fishery product or shellfish 
inspection programs 
The Commissioner of Agriculture, 
Food and Rural Resources 
and the 
Commissioner of Marine 
Resources 
shall 
cooperate in 
developing 
and 
implementing 
any fishery product or shellfish 
inspection 
programsT--~~~-~y--aa~~~aa~-~~-iRspeeEieR 
p~e~~am-~V&~peG-~-~i~~~~-~--€Aap~et--46G. 
Those 
programs must meet the standards established by the Commissioner 
of Agriculture, Food and Rural Resources under the Maine Food Law. 
Sec. 3. 12 MRSA §6301. sub-§2. ~n. as amended by PL 1995, c. 
492, §2, if further amended to read: 
D. 
A shellfish sanitation certificate issued under section 
6856 expires on Ap~i*-~GER May 31st of each year; 
Sec. 4. 12 MRSA §6601, as amended by PL 2003, c. 20, Pt. ww, 
§11, is further amended to read: 
§6601. Commercial shellfish license 
I. 
License required. 
A person 
may 
not 
engage 
in the 
activities 
authorized 
under 
this 
secticn 
without 
a 
current 
commercial shellfish license or other license issued under this 
Part authorizing the activities. 
2. 
Licensed 
activities. 
The 
holder 
of 
a 
coromercial 
shellfish license may fish for 
e~.L take 
sRe~~~i-&h--9"'.L possessT 
sRip or transport 
_~belUish wi thin the state limits or sell 
she11stock the holder has taken to a wholesale seafood license 
holder certified under section 6856. 
±Re-~~e~-~-a~~-sRH8*T 
iR-~~-Re*Qe~~S-~,-sRe**~isR-~~-Re*Qe~-~-~a*eR-~-se** 
EReSe-£k~€~e4-~~~~~-~~-~Ra~-Aeffie-~~~~-~~i-~-E~aQeT This 
license does 
not authorize 
the holder 
to fish 
for 
or 
take 
shellfish in violation of a municipal ordinance adopted pursuant 
to section 6671. 
3. 
Eligibility. 
A commercial shellfish license may 
be 
issued only to an individual who is a resident. 
4. 
possess 
Personal use 
no more than 
exception. 
bushel 
ARy 
A person may 
take 
of sRe±±:€isR shellstock or 
or 
bushels of "hen" or "surf" clams for personal use in one day 
without a license, unless municipal ordinances further limit the 
taking of shellfish. 
5. 
Fee. 
The fee for a commercial shellfish license is $115. 
6. 
Definition. 
For 
the 
purposes 
of 
this 
subchapter, 
"shellfish" means shellstock clams, quahogs other than mahogany 
quahogs, 
eyst;eJ,'s 
and 
iRel1:*aes--&he-1-1-&t.~--aRa-~-sae±±fisa 
oyster shellstock. 
8. 
Violation. 
A person who violates this section commits a 
civil violation for which a forfeiture of not less than $100 nor 
more than $500 may be adjudged. 
Sec. 5. 12 MRSA §6625. as enacted by PL 1993, c. 497, §3, is 
amended to read: 
§6625. Identification and tagging of shellfish 
1. 
Tagging 
required. 
The 
holder 
of 
a 
commercial 
shellfishing license issued under section 6601, 6731, 6732, 6745 
or 6746 shall identify saelHisa shellstock the license holder 
has 
taken by 
means 
of 
a 
harvester's 
tag. 
The 
tag must 
be 
consistent with the format required by the department under rules 
adopted 
1:*RaeJ,'--t;ais--seet;ieR 
to 
meet 
this 
requirement. 
Each 
containerT-~-~--Ba~ of shellstock must be 
tagged 
~J,'ie~--t;e 
laRaiR~-t;ae-£Re±±st;eelf in accordance with department rules. 
The 
tag must accompany the harvested product while the product is in 
wholesale or retail commerce within the State. 
~T--EKeep~i9BT--A-~Bmme~~~~~-~~~~~-1-~~~~-wae-is 
eeJ,'t;ifiea-~Ree~-~~~~~~-~&-Ret;-~e~~~~ee-~~~~-&&&~~~~&&-at; 
t;ae-t;ime-ef-aaJ,'vest;T 
3. 
Rules. 
The commissioner may adopt or amend rules that 
establish requirements [or shellfish harvesters' tags. 
Sec. 6. 12 MRSA §6676. as enacted by PL 1985, c. 48, §2, is 
amended to read: 
§6676. Summary of municipal ordinances 
The department shall prepare a 
summary description of all 
municipal shellfish ordinances L which saall must include, but not 
be limited to, 
a listing [or each municipality of the license 
application 
period, 
fee 
structureT 
and 
number 
of 
licenses 
available to residents and nonresidents. 
The 
department shall 
update 1;.he 
s1LITJI!lary and 
~tl.B±i6a--t-he---S-1:*mmaJ,'y--e-v-e-r-y--~-ff\eR·Ul£--in--a 
t;J,'aEle-B-£--i .. nd-u6-t-r-y--j-G-,*~B-a-~-waiea make it available to the public 
in a manneL-tha.t the commissioner considers to be effective in 
reaching the persons affected. 
Sec. 7. 12 MRSA §6731. sub-§2. 1l1lB and C. as enacted by PL 
1989, c. 828, §2, are amended to read: 
B. 
PosSeSST--5-A-i-~ or transport mahogany quahogs within the 
State: or 
C. Sell mahogany quahogs that the holder has taken to a 
wholesale 
seafood license holder certified under 
section 
6856. 
Sec. 8. 12 MRSA §6732. sub-§§l and 2. as amended by PL 2001, c. 
421, Pt. B, §43 and affected by Pt. C, §1, are amended to read: 
1. 
License required. 
A person 
may 
not 
engage 
in the 
activities 
authorized 
under 
this 
section 
without 
a 
current 
commercial shellfish license or other license issued under this 
Part authorizing the activities. 
2. 
Licensed 
activities. 
The 
holder 
of 
a 
commercial 
shellfish license 
may 
fish for 
or 
take 
quahogs, 
other 
than 
mahogany quahogs, or 
posSeSST--5-A-i-~ or transport quahogs wi thin 
the state limits or sell quahogs 
the holder has taken to 
a 
wholesale seafood license holder certified under section 6856. 
Sec. 9. 12 MRSA §6745. sub-§§2 and 4. as amended by PL 2001, c. 
421, Pt. B, §44 and affected by Pt. C, §1, are further amended to 
read: 
2. 
Licensed activity. 
The holder of a hand-raking mussel 
license may take mussels by hand raking or 
possessT--s-Rj,.~T or 
transport mussels within the state limits or sell mussels the 
holder has taken to a wholesale seafood license holder certified 
under section 6856. 
4. 
Exception. 
In anyone day, a person may take or possess 
not more than 2 bushels of 
sRe~~-m~66e±s shellstock for personal 
use without a mussel license. 
Sec. 10. 12 MRSA §6746. sub-§2. as amended by PL 2001, c. 421, 
Pt. B, §45 and affected by Pt. c, §1, is further amended to read: 
2. 
Licensed activity. 
A boat license under this section 
may be used for dragging for mussels. 
The holder of a mussel 
boat license may also possess or transport mussels within the 
state limits or sell mussels the holder has taken to a wholesale 
F 
seafood license holder certified under section 6856. 
The license 
also authorizes the captain and crew members aboard the licensed 
boat when engaged in dragging for mussels to undertake these 
activities. 
Sec. 11. 12 MRSA §6852. sub-§2. as amended by PL 1989, c. 348, 
§§lO and 11, is further amended to read: 
2. 
License activity. The holder of a retail seafood license 
may, 
in the retail trade within the state limits, buy, sell, 
transport, ship or serve: 
A. 
Shellstock e~-leBste~s and shucked shellfish if they are 
bought from 
a 
wholesale seafood license holder certified 
under section 6856; 
8T--~~~~~~~~r-~~-~£ey-~~-Be~~Rt-~~~~-wRelesale 
sea~eee-l~eease-Re!ee~-ee~t~~~ee-~aee~-seet~ea-§89§t 
C. 
Lobster parts or meat, if they are 
p~epe~ly permitted 
under section 6857, or have been lawfully imported; e~ 
D. 
CrayfishT~ 
E. 
Lobsters. 
Sec. 12. 12 MRSA §6852. sub-§6 is enacted to read: 
6. 
Rules. 
T,p.e commissioner may adopt or amend rules that 
establish 
requirements 
for 
retail 
seafood 
license 
holders 
concerning: 
A. 
The minimum sanitation standards for establishments and 
vehicles; 
B. 
The 
sanitation 
and 
quality 
control 
standards 
for 
shellfish and whole scallops and their products; 
C. 
The methods for handling, shipping and transporting of 
shellfish and whole scallops; 
D. 
The 
records 
and 
reports 
o~urchases, shipping 
and 
transporting of shellfish and whole scallops; 
E. 
The labeling or marking of shipments of shellfish and 
wholesale scallops; and 
F. 
The protection o~~lic health. 
Rules adopted pursuant to this subsection must be based on the 
particular operational reguirements of each activity, the most 
recently adopted federal sanitation standards and the most recent 
generally accepted research data and must be designed to protect 
the public health and safety while allowing reasonable use of 
shellfish and whole scallops. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5( 
chapter 375, subchapter 2-A. 
Sec. 13. 22 MRSA §2152. sub-§4-A. 1IB. as enacted by PL 1995, 
c. 331, §1, is amended to read: 
B. 
Fish and shellfish processing establishments inspected 
under Title 12, section 4e86r 6101, 6102 or 6856; 
SUMMARY 
This bill makes changes to the shellfish harvesting statutes. 
1. 
It changes the acti vi ties permitted under a commercial 
shellfish license to state that shellstock the license holder has 
taken may be sold only to a wholesale seafood license holder 
certified under the Maine Revised Statutes, Title 12, 
section 
6856. 
It also eliminates the ability of 
a 
shellfish license 
holder to shuck shellfish the holder has taken in the holder's 
home 
and sell those shucked shellfish from that home 
in the 
retail trade. 
2. 
It corrects an inaccurate reference to the date when 
shellfish sanitation certificates expire. 
3. 
It adds 
mahogany 
quahogs, 
other 
quahogs, 
hand-raked 
mussels 
and dragged mussels 
to 
the 
licenses under 
which the 
holder must tag shellstock with a harvester's tag. 
It eliminates 
the exemption of shellfish license holders certified under Title 
12, section 6856 from having to tag their shellfish at the time 
of harvest. 
4. 
summary 
to the 
It allows the Department of Ma~ine Resources to make the 
description of municipal shellfish ordinances available 
public in ways 
other than publication in 
a 
trade or 
industry journal. 
5. 
It changes the activities permitted under 
a 
mahogany 
quahog license to provide that quahogs the holder has taken may 
be sold only to 
a wholesale seafood license holder certified 
under Title 12, section 6856. 
, 
': 
.. 
6. 
It changes the activities permitted under the shellfish 
license to provide that quahogs, 
other than mahogany quahogs, 
that the holder has taken may be sold only to a wholesale seafood 
license holder certified under Title 12, section 6856. 
7. 
It 
changes 
the 
activities 
permitted 
under 
the 
hand-raking mussel 
license 
to provide 
that mussels 
that the 
holder has taken may be sold only to a wholesale seafood license 
holder certified under Title 12, section 6856. 
8. 
It changes the activities permitted under a mussel boat 
license to include possessing and transporting mussels within 
state limits and selling mussels 
the holder has 
taken to 
a 
wholesale 
seafood 
license 
holder 
certified 
under 
Title 
12, 
section 6856. 
9. 
It changes 
the 
licensed activities 
under 
a 
retail 
seafood license to provide that the requirement that shellfish be 
bought from a wholesale seafood license holder certified under 
Title 12, section 6856 applies to both shellstock and shucked 
shellfish. 
It also specifies that the Commissioner of Marine 
Resources may adopt rules establishing requirements for retail 
seafood license holders. 
10. 
It repeals the seafood products inspection program.