An Act To Give Municipalities Control of Mussels Located in Intertidal Zones
Maine Legislature, Session 123, LD 2006
Committee Amendment CA_A_S434 (Senate)
Amends: 12 MRSA §6671, 12 MRSA §6746

COMMITTEE AMENDMENT" A " to S.P. 800, L.D. 2006, Bill, "An Act To Give 
Municipalities Control of Mussels Located in Intertidal Zones" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6671, sub-§3, ~A, as enacted by PL 2001, c. 188, §2, is 
amended to read: 
A. 
Within any area of the municipality, a shellfish conservation ordinance may: 
(1) Regulate or prohibit the possession of shellfish; 
(2) Fix the amount of shellfish that may be taken; 
(3) Provide for protection from shellfish predators; aM 
(4) Authorize the municipal officials to open and close flats under specified 
conditions~; and 
(5) Specify areas of the intertidal zone in which the dragging of mussels may be 
limited to the degree necessary to support a municipal shellfish conservation 
program. 
Sec.2. 12 MRS A §6671, sub-§12 is enacted to read: 
12. 
Intertidal mussel harvesting. 
With the advice of the municipality, the 
commissioner may issue a permit to an individual licensed pursuant to section 6746 that 
authorizes the permit holder to fish for and take mussels from an area designated by the 
municipality pursuant to subsection 3. 
The commissioner shall limit the number of 
permits issued for a designated area to that number the commissioner determines is 
necessary to achieve the goals of the municipality's shellfish conservation program. The 
permit may specify limits on the amount of mussels taken, when the mussels may be 
taken and gear usage and any other conditions necessary for consistency with the 
shellfish conservation program. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A " 
to S.P. 800, L.D. 2006 
Sec. 3. 12 MRSA §6746, sub-§2, as amended by PL 2005, c. 434, § 10, 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 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. A mussel boat license does not authorize the holder to fish for or take 
mussels in violation of a municipal ordinance adopted pursuant to section 6671.' 
SUMMARY 
This amendment replaces the bill and allows a municipality to specify areas of the 
intertidal zone in which the dragging of mussels may be limited to the degree necessary 
to support the municipality's shellfish conservation program. It authorizes the 
Commissioner of Marine Resources, with the advice of the affected municipality, to issue 
a permit to a person holding a mussel boat license to harvest mussels from an area 
designated by the municipality as a limited mussel dragging area. It provides that the 
commissioner shall limit the number of these permits to achieve the goals of a 
municipality's shellfish conservation program and may place other restrictions on the 
permit necessary for consistency with the conservation program. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02114/08 Mac:.. 
LD 2006 
LR 3057(02) 
An Act To Give Municipalities Control of Mussels Located in Intertidal Zones 
Fiscal Note for Bill as Amended by Committee Amendment" A " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Additional costs to the Department of Marine Resources can be absorbed within existing budgeted resources. 
LR3057(02) - Fiscal Note - Page 1 of I