An Act To Adopt Recommendations of the Soft-shell Clam Advisory Council
Maine Legislature, Session 122, LD 1184
Committee Amendment CA_A_S147 (Senate)
Amends: 12 MRSA §6671

COMMITTEE AMENDMENT ,A" to S.P. 412, L.D. 1184, Bill, "An 
Act To 
Adopt Recommendations of the Soft-shell Clam Advisory 
Council" 
Amend the bill by striking out all of sections 2 to 4 and 
inserting in their place the following: 
'Sec. 2. 12 MRSA §6671, sub-§10, as amended by PL 2003, c. 
284, §l, is further amended to read: 
10. 
Criminal penalty. 
A person who violates a provision of 
a municipal ordinance adopted under this section commits a Class 
D crime punishable by the following fines: 
A. 
For harvesting shellfish from a an area closed a~ea for 
conservation purposes: 
(1) 
For the first offense by a 
commercial license 
holder, a fine of not less than $300; aBe 
(2) 
For subsequent offenses by a commercial license 
holder, a fine of not less than $500T and not more than 
$1, 500; 
(3) 
For the first offense by a recreational license 
holder. a fine of not less than $100; and 
(4) 
For subsequent offenses by a recreational license 
holder. a fine of not less than $100 and not more than 
$500; or 
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Page l-LR0861(2) 
COMMITTEE AMENDMENT 
fIJ 
ea 
-= 
COMMITTEE AMENDMENT A" to S.P. 412, L.D. 1184 
B. 
For 
violating 
any 
other 
provision 
of 
a 
ordinance adopted under this section, a fine of 
than $100 and not more than $1,500. 
municipal 
not less 
The court may not suspend a fine imposed under this subsection or 
impose a penalty other than the monetary payment of a fine as 
provided in this subsection. 
For purposes of this subsection, 
"recreational license" means a license that authorizes a person 
to take or possess shellfish only for personal use. 
A fine for a 
violation of article 5 must be as provided by section 6681. 
Sec. 3. 12 MRSA §6671, sub-§10-A, as enacted by PL 2003, c. 
284, §2, is amended to read: 
10-A. 
Civi1 
pe~ty. 
A person 
who 
ai~s--~eF harvests 
shellfish without a municipal shellfish license or in violation 
of a license restriction commits a civil violation for which a 
~iBe-e~-£~-~~~~~~~~~-&aaB-$9QQ the following fines 
may be adjudgedT~ 
A. 
For harvesting shellfish without a municipal shellfish 
license: 
(1) For commercial purposes, a fine of not less than 
$300 and not more than $1,500. 
Possession of more than 
one peck of clams without a license is prima facie 
evidence of a violation of this subparagraph: and 
(2) For personal use, a fine of not less than $100 and 
not more than $500: and 
B. 
For 
harvesting shellfish in violation of 
a 
license 
restriction: 
(1) By a commercial license holder, a fine of not less 
than $300 and not more than $1,500: and 
(2) By a recreational license holder. 
a fine of not 
less than $100 and not more than $500. 
The court may not suspend a fine imposed under this subsection or 
impose a penalty other than the monetary payment of a fine as 
provided 
in 
this 
subsection. 
For 
the 
purposes 
of 
this 
subsection, 
"recreational 
license" 
means 
a 
license 
that 
authorizes 
a 
person to take 
or possess 
shellfish only for 
personal use.' 
SUMMARY 
This 
amendment 
retains 
the 
substance 
of 
the bill. 
The 
COMMITTEE AMENDMENT 
eo 
'ti 
&r:: 
COMMITTEE AMENDMENT A" to S.P. 412, L.D. 1184 
amendment makes 
no change to the provision of the bill that 
authorizes municipal shellfish wardens to enforce state laws that 
prohibit the taking of shellfish from areas closed to harvesting 
by state regulation. The amendment makes technical changes to 
clarify the provisions of the bill regarding criminal and civil 
penalties 
for 
municipal 
shellfish 
ordinance 
violations, 
for 
harvesting without a 
license and for license violations. 
The 
amendment clarifies the meaning of "commercial license holders" 
and 
"recreational 
license 
holders" 
in 
the 
bill 
for 
the 
application of different penalties to these 2 groups. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/22105 ~ae 
LD 1184 
LR 0861(02) 
An Act To Adopt Recommendations of the Soft-shell Clam Advisory Council 
Fiscal Note for Bill as Amended by Committee Amendment ,A 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Undetermined revenue increase - General Fund 
Fiscal Detail and Notes 
This bill makes several changes to the municipal shellfish conservation laws by increasing the range of allowable fines 
for certain violations. General Fund fine revenue collected as a result of these changes is likely to increase; the 
amounts can not be determined at this time. 
LR0861(2) - Fiscal Note - Page 1 of 1