An Act To Create a Tiered Wholesale Seafood Dealer's License
Maine Legislature, Session 122, LD 1961
Committee: Marine Resources
Amends: 12 MRSA §6851-A, 12 MRSA §6856

Legislative Document 
No. 1961 
H.P.1373 
House of Representatives, January 10,2006 
An Act To Create a Tiered Wholesale Seafood Dealer's License 
(EMERGENCY) 
Reported by Representative PERCY of Phippsburg for the Department of Marine 
Resources pursuant to Public Law 2005, chapter 434, section 14. 
Reference to the Committee on Marine Resources suggested and ordered printed under 
Joint Rule 218. 
Printed on recycled paper 
'17/~ 1J7. 77ldC~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas, acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the 90-day period will end after the period during 
which shellfish dealer licenses are valid; and 
Whereas, unless enacted as an emergency measure, the new 
category of 
license 
authorized 
in this 
legislation will 
be 
unavailable to holders of commercial shellfish licenses until 
2007: and 
Whereas, in the judgment of the Legislature, these facts 
create an emergency within the meaning of the Constitution of 
Maine 
and 
require 
the 
following 
legislation 
as 
immediately 
necessary for the preservation of the public peace, health and 
safety: now, therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6851-A is enacted to read: 
§685l-A. 
Limited wholesale shellfish harvester's license 
1. 
License required. 
A person may 
not 
engage 
in the 
activities 
authorized 
under 
this 
section 
without 
a 
current 
commercial shellfish license issued under section 6601. 
2. 
Licensed actiy..ity. 
A holder 
shellfish harvester' s 
license may sell 
only shellfish the holder has taken. 
of a 
limited wholesale 
in the wholesale trade 
3. 
License 
limi~. 
A 
limited 
wholesale 
shellfish 
harvester's license authorizes activities under this section at 
only one establishment and with only one vehicle. 
4. 
Fee. 
The 
fee 
for 
a 
limited 
wholesale 
shellfish 
harvester's license is $192.50. 
Sec. 2. 12 MRSA §6856, sub-§I, as amended by PL 2003, c. 248, 
§11, is further amended to read: 
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 unless authorized under section 6701 or 
6702. 
The 
commissioner 
may 
issue 
a 
shellfish 
sanitation 
certificate to 
a 
wholesale seafood license holder, 
a 
limited 
wholesale shellfish harvester's 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, limited wholesale shellfish harvester' s license 
or 
shellfish 
transportation 
license 
is 
also 
necessary 
to 
undertake the activities authorized under those licenses. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill establishes a tiered wholesale seafood dealer' s 
license as required by Public Law 2005, chapter 434, section 14 
by creating a 
limited wholesale shellfish harvester' s 
license, 
which allows a person holding a commercial shellfish license to 
sell on the wholesale market only the shellfish taken by the 
licensee.