An Act To Change the Noncommercial Scallop Season
Maine Legislature, Session 122, LD 0728
Committee Amendment CA_A_H142 (House)
Amends: 12 MRSA §6701, 12 MRSA §6702, 12 MRSA §6703, 12 MRSA §6721-A, 12 MRSA §6722, 12 MRSA §6729, 12 MRSA §6729-C

COMMITTEE AMENDMENT "A. to H. P . 
, 
L . D . 
Act To Change the Noncommercial Scallop Season" 
728, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
. Sec. 1. 12 MRSA §6701, sub-§7 is enacted to read: 
7. 
Limitation. 
The 
holder 
of 
a 
hand 
fishing 
scallop 
license may not hold a noncommercial scallop license. 
Sec. 2. 12 MRSA §6702, sub-§7 is enacted to read: 
7. 
Limitation. 
The holder of a scallop boat license may 
not hold a noncommercial scallop license. 
Sec. 3. 12 MRSA §6703, sub-§2, as enac ted by PL 1985, c. 662, 
§4, is amended to read: 
2. 
Licensed activity. 
The 
holder 
of 
a 
noncommercial 
scallop license may take scallops by hand eF-9y-~se-e~-a-QFa§ and 
may possess, ship or transport scallops he the holder has taken. 
Sec. 4. 12 MRS A §6703, sub-§3-A, as enacted by PL 2003, c. 
452, Pt. F, §20 and affected by Pt. X, §2, is amended to read: 
Page l-LR20l3(2) 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. A 
.. to H.P. 523, L.D. 728 
3-A. 
License limitation; personal use. 
The holder of a 
noncommercial scallop license may take or possess scallops for 
personal use only and may not sell scallops the holder has 
taken. 
The holder of a noncommercial scallop license may not 
hold a 
hand fishing scallop license under section 6701 or a 
scallop boat license under section 6702. 
Sec. S. 12 MRSA §6721-A, sub-§I,'C is enacted to read: 
C. 
The holder of a noncommercial scallop license may not 
possess. ship or transport scallops that are less than 5 
in~hes in the longest diameter. 
Sec. 6. 12 MRSA §6722, as amended by PL 2001, c. 272, §14, is 
further amended to read: 
§6722. Closed areas 
YR~ess--meQi~ieQ--~-~~1at~-~~~--aReeF Except 
as 
provideg by rule pursuant to section 6l7l-AT-4~-46-~R~awfa~-~e or 
as otherwise proviged in this section, a person may not 
fish for 
or take scallops in the territorial waters from April 16th to 
November 30th, both days inclusive: except that a person fishing 
pursuant to a noncommercial scallop license issueg unger section 
6703 may not fish for or take scallops in the territorial waters 
from April 16th to October 31st. both days inclusive. 
Sec. 7. 12 MRSA §6729, sub-§I, "B and C, as enacted by PL 
2003, c. 319, §2, are amended to read: 
B. 
For a scallop draggers license, $100; aRe 
C. 
For a scallop diving tender license, $50T~ 
Sec. 8. 12 MRSA §6729, sub-§I"n is enacted to read: 
D. 
For a noncommercial scallop license, $20. 
Sec. 9. 12 MRSA §6729-C is enacted to read: 
§6729-C. 
Logbooks for noncommercial scallop harvesters 
1. 
Logbook: 
ryles. 
The 
commissioner shall adopt rules 
requiring any person holging a noncommercial scallop license to 
maintain a logbook. 
The rules must ingicate the type of data 
that must be recorded in the logbooks, the manner for progucing 
the 
logbooks 
and 
the 
method 
for 
analyzing 
data 
from 
the 
logbooks. 
The commissioner shall charge a fee for the logbook 
that is sufficient to 
recover all costs associated with the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. f/-.. to H.P. 523, L.D. 728 
production of the logbook and analysis of the data, except that 
any personnel and operating costs associated with the logbook 
must be paid from allocations from the Scallop Research Fund. 
Fees received by the department from the sale of logbooks are 
dedicated revenue and must be used by the department for the 
purposes of this section. 
The logbook and data analysis may be 
produced and conducted by the department or may be produced and 
conducted by a public or private entity under contract with the 
department. 
Disclosure of any data collected under this section 
is subject to the confidentiality provisions of section 6173. 
Rules adopted by the commissioner to implement this subsection 
are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
2. 
Reporting. 
The commissioner may deny an application for 
the renewal of a 
noncommercial scallop license if the license 
holder fails to maintain a logbook or report the data required by 
rule pursuant to subsection 1.' 
SUMMARY 
This amendment replaces the bill and is the minority report 
of the committee. 
The amendment retains the provision of the 
bill that changes the beginning of the noncommercial scallop 
fishing season from December 1st to November 1st. 
The amendment 
prohibits a person from holding a noncommercial scallop license 
and a commercial scallop license at the same time. 
The amendment 
limits the noncommercial scallop license to hand harvest only and 
sets a minimum shell size limit of 5 inches for scallops taken by 
noncommercial scallop harvesters. 
The 
amendment establishes a 
$20 license surcharge for noncommercial scallop licenses to go to 
the Scallop Research Fund. 
The amendment requires the holder of 
a noncommercial scallop license to maintain a logbook pursuant to 
rules adopted by the Commissioner of Marine Resources. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/31/05 ~ae 
Revenue 
LD728 
LR 2013(02) 
An Act To Change the Noncommercial Scallop Season 
Fiscal Note for Bill as Amended by Committee Amendment If 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Current biennium revenue increase - Other Special Revenue Funds 
Undetermined current biennium cost increase - Other Special Revenue Funds 
2005-06 
2006-07 
Projections 
2007-08 
Other Special Revenue Funds 
$10,100 
$10,100 
$10,100 
Fiscal Detail and Notes 
Projections 
2008-09 
$10,100 
Beginning in fiscal year 2005-06, the establishment of a license surcharge for noncommercial scallop licenses will 
increase annual Other Special Revenue Funds revenues collected by the Department of Marine Resources by $10,100. 
Authorizing the Commissioner of Marine Resources to establish a fee for log books for noncommercial scallop 
harvesters will also increase Other Special Revenue Funds revenues; the amounts will depend on the fee established 
by the commissioner. The Scallop Research Fund within the department will incur additional expenses pertaining to 
the production and analysis of the logbook. The amounts can not be determined at this time. 
LR2013(2) - Fiscal Note - Page 1 of 1