An Act To Adopt Recommendations of the Soft-shell Clam Advisory Council
Maine Legislature, Session 122, LD 1184
Committee: Marine Resources
Sponsors: DAMON, SMITH, ADAMS, ASH, EDER, FLETCHER, KAELIN, PERCY
Amends: 12 MRSA §6671

Legislative Document 
No. 1184 
S.P.412 
In Senate, March 8, 2005 
An Act To Adopt Recommendations of the Soft-shell Clam Advisory 
Council 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator DAMON of Hancock. 
Cosponsored by Representative SMITH of Monmouth and 
JOY J. O'BRIEN 
Secretary of the Senate 
Representatives: ADAMS of Portland, ASH of Belfast, EDER of Portland, FLETCHER of 
Winslow, KAELIN of Winterport, PERCY of Phippsburg. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §(j671. sub-§8. ,C, as amended by PL 2001, c. 
188, §8, is further amended to read: 
C. 
A certified municipal 
shellfish conservation warden 
shall enforce the shellfish ordinances of the municipality 
employing the warden and, if the warden is authorized by the 
municipality and meets the training requirements of Title 
25, section 2804-I, the warden may arrest all violators. The 
warden may serve all process pertaining to the ordinance. 
The warden also has, within that warden's jurisdiction, the 
powers of a marine patrol officer provided in section 6025, 
subsection 4 and the authority to enforce section 6621. All 
of the powers conferred in this subsection are limited to 
the 
enforcement 
of 
a 
municipal 
shellfish 
conservation 
ordinance and section 6621. 
At 
the 
commissioner's 
request, 
a 
certified 
municipal 
shellfish 
conservation 
warden 
may 
collect 
samples 
and 
otherwise 
assist 
the 
department 
in 
the 
detection 
of 
pollutants 
and 
contaminants. 
The 
commissioner 
is 
not 
required to conduct tests on samples not requested by the 
commissioner. 
Sec. 2. 12 MRSA §6671. sub-§10. "A and B. as amended by PL 
J4 
2003, c. 284, §1, are further amended to read: 
A. 
For harvesting shellfish from a an area closed a~ea for 
conservation purposes: 
(1) 
For the first offense by a commercial harvester, a 
fine of not less than $300; aRS 
(2) 
For subsequent offenses by a commercial harvester, 
a fine of not less than $500T and not more than $1,500; 
(3) 
For the first offense by a recreational harvester, 
a fine of not less than $100; and 
( 4) 
For 
subsequent 
offenses 
by 
a 
recreational 
harvester, a fine of not less than $100 and not more 
than $500. 
The court may not suspend a fine imposed under this paragraph or 
impose 
a 
fine other than the monetary payment of 
a 
fine as 
provided in this paragraph; or 
B. 
For 
ordinance 
violating 
any 
adopted under 
other 
this 
provision 
section, 
a 
of 
a 
fine of 
municipal 
not less 
than $100 and not more than $1,500. 
The court may not 
suspend a fine imposed under this paragraph or impose a fine 
other than the monetary payment of a fine as provided in 
this paragraph. 
Sec. 3. 12 MRSA §6671, sub-§10-A, as enacted by PL 2003, c. 
284, §2, is amended to read: 
10-A. 
Civil penalty for commercial harvesters. 
A 
f'e~seR 
commercial harvester who digs for shellfish without a municipal 
shellfish license or harvests shellfish in violation of a license 
restriction commits a civil violation for which a fine of not 
less than 
$HlQ--R-9~ $300 and not more than $§GG $1, 500 may be 
adjudged. 
The court may not suspend a fine imposed under this 
subsection or impose a fine other than the monetary payment of a 
fine as provided in this subsection. 
Sec. 4. 12 MRSA §6671, sub-§10-B is enacted to read: 
B. 
Civil 
penalty 
for 
recreational 
harvesters. 
A 
recreational harvester who digs for shellfish without a municipal 
shellfish license or harvests shellfish in violation of a license 
restriction commits a civil violation for which a fine of not 
less than $100 and not more than $500 may be adjudged. 
The court 
may not suspend a fine imposed under this subsection or impose a 
fine other than the monetary payment of a fine as provided in 
this subsection. 
SUMMARY 
J2 
This 
bill 
provides 
certified 
municipal 
shellfish 
conservation 
wardens 
with 
the 
authority 
to 
enforce 
the 
prohibi tions on taking shellfish from closed areas. 
The bill 
clarifies that the penalty for harvesting shellfish from a closed 
area applies to areas closed for conservation purposes and sets 
an upper limit of $1,500 for the fine for subsequent offenses by 
commercial 
harvesters. 
The 
bill 
sets 
a 
separate 
fine 
for 
recreational harvesters of not less than $100 
for 
the first 
offense 
and not less 
than 
$100 
and not more 
than $500 
for 
subsequent offenses. 
The bill states that 
a 
court 
may 
not 
suspend a fine or impose a fine other than the fine specified for 
the violation. 
For violations of 
any other provision of 
a 
municipal 
ordinance, 
an 
upper 
limit of $1,500 
is set. 
For 
persons who dig shellfish without a municipal shellfish license 
or harvest shellfish in violation of a license restriction, the 
fine is raised to not less than $300 and not more than $1,500 for 
commercial harvesters and set at not less than $100 and not more 
than $500 for recreational harvesters. 
')0