An Act To Amend Maine's Scallop Laws
Maine Legislature, Session 123, LD 2071
Committee: Marine Resources
Sponsors: PERCY
Amends: 12 MRSA §6702, 12 MRSA §6706, 12 MRSA §6721-A, 12 MRSA §6726, 12 MRSA §6728, 12 MRSA §6729-A

Legislative Document 
No. 2071 
H.P.1455 
House of Representatives, December 21,2007 
An Act To Amend Maine's Scallop Laws 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 19, 2007. Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
Presented by Representative PERCY of Phippsburg. 
Printed on recycled paper 
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MILUCENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRSA §6702, as amended by PL 2003, c. 20, Pt. WW, § 14 and c. 248, 
§8, is further amended to read: 
§6702. Scallop dragging license 
1. License required. A person may not use a boat for dragging for scallops unless 
that boat carries person holds a scallop eeat dragging license issued by the commissioner 
and that boat is identified on the license. 
2. Licensed activity. A eeat person licensed under this section may be I:lsea for 
araggiAg use the boat identified on the license to drag for scallops and ffl possess, ship, 
sell or transport shucked scallops taken under the license. The license also authorizes the 
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captain and crew members aboard the lieeflsea boat identified on the license when 
engaged in dragging for scallops to undertake these activities, except that the captain and 
crew members may not fish for or take scallops if the license holder is not aboard that 
boat except as provided in subsection 2-A. 
2-A. Exemptions. Notwithstanding subsection 2, the commissioner may authorize a 
person to fish for or take scallops from a boat when the person holding a scallop dragging 
I icense that contains the name of that boat is not on board if: 
A. The holder of the scallop dragging license documents to the commissioner that an 
illness or disability temporarily prevents the license holder from fishing for or taking 
scallops from that boat and requests in writing to the commissioner that the 
commissioner authorize another person to use that boat to fish for or take scallops; or 
B. 
The boat named on the license of a license holder is temporarily inoperable 
because of an accident or a mechanical failure and the license holder requests in 
writing to the commissioner that the commissioner authorize the license holder to use 
another boat to fish for or take scallops. 
3. Eligibility. A scallop -beat dragging license may be issued only to an individual 
who is a resident. 
4. Personal use exception. In anyone day, a person licensed pursuant to section 
6703 may take or possess not more than 2 bushels of shell scallops or 4 quarts of shucked 
scallops for personal use without a scallop dragging license under this section. 
5. Fee. The fee for a scallop l3eat dragging license is $111. 
6. Violation. A person who violates this section commits acivil violation for which 
a forfeitl:lre fine of not less than $100 nor more than $500 may be adjudged. 
Sec. 2. 12 MRSA §6706 is enacted to read: 
Page I - t23LR3069(Ot)-t 
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§6706. Limited entry 
1. License eligibility in 2009. The commissioner may not issue a 2009 hand fishing 
scallop license or a 2009 scallop dragging license to a person unless that person possessed 
a scallop license issued pursuant to section 670 I or a scallop boat license issued pursuant 
to section 6702 in either: 
A. The 2006 license year; or 
B. The 2007 license year prior to April 15,2007. 
2. License eligibility in subsequent years. Except as provided in subsection 3, the 
commissioner may not issue a hand fishi'ng scallop license or a scallop dragging license 
to anv person in any year subsequent to 2009 unless that person possessed that license in 
the previous calendar year. 
3. 
Scallop license limited entry system. 
Notwithstanding subsection 2, the 
commissioner shall establish by rule a limited entry system under which a person who did 
not hold a hand fishing scallop license or a scallop dragging license in the previous 
calendar vear may become eligible to obtain that license. The rules for a limited entry 
svstem must include provisions for the method and administration of the program. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec. 3. 12 MRSA §6721-A, sub-§2, as reallocated by PL 2003, c. 520, §8. is 
amended to read: 
2. Prima facie evidence. It is prima facie evidence of possession of illegal scallops 
if a vessel contains scallops less than the minimum shell size set by this section or the 
minimum shell size set by rules adopted pursuant to this section while a scallop 00at 
dragging license holder or crew member is shucking scallops. 
Sec. 4. 12 MRSA §6721-A, sub-§5, ~, as reaIlocated by PL 2003, c. 520, §8, is 
amended to read: 
B. 
For the 2nd and each subsequent offense, a fine of $250 is imposed, all scallops 
on board may be seized and the scallop beat dragging license may be suspended for 
one year. 
Sec. 5. 12 MRSA §6726, sub-§I, as amended by PL 2001, c. 272, §15, is further 
amended to read: 
1. Minimum size. It is unlawful to utilize a drag to fish for or take scallops in the 
territorial waters with rings that measure less than: 
B. 
From December I, 1999 to i\priI15, 2000, 3 1/4 inches in diameter; and 
C. 
Gn From December I, 2000 and thereafter to April 15, 2008, 3 112 inches in 
diameter: ; and 
D. From December I, 2008 and thereafter, 4 inches in diameter. 
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Sec. 6. 12 MRSA §6728, sub-§3, ~, as enacted by PL 200 I, c. 192, § I, is 
amended to read: 
B. 
For each subsequent offense, a forfeiture of $250 is imposed, all scallops on 
board may be seized and the scallop beat dragging license may be suspended for one 
year. 
Sec. 7. 
MRSA §6729-A, sub-§l, as enacted by PL 2003, c. 319, §2, IS 
amended to read: 
1. Uses of fund. The commissioner shall use the fund for research directly related to 
scallop fishery 
management information needs, for 
implementation of scallop 
management measures and for reporting to licensed scallop harvesters on the results of 
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research and the use of fund revenues. The commissioner may authorize the expenditure 
of money in the fund for research and development programs that address the restoration, 
development or conservation of scallop resources. The commissioner shall consult with 
the Scallop Advisory Council under section 6729-B before deciding upon research 
projects and awarding grants from the fund. The fund may also be used for support of the 
Scallop Advisory Council, including reimbursement for travel expenses. 
SUMMARY 
Current law specifies that a boat must carry a scallop boat license before a person 
may engage in scalloping activities. 
This bill creates a requirement that a person hold a scallop dragging license and be 
present on the boat named on the license when the boat is engaged in dragging for 
scallops. This bill also restricts the issuance of scallop licenses in 2009 and thereafter to 
persons who had a scallop license in either the 2006 license year or the 2007 license year 
prior to April 15. 2007. The Commissioner of Marine Resources is required to establish a 
limited entry system for persons who did not possess a scallop license in the prior 
calendar year. This bill also increases the ring size used in the scallop fishery to 4 inches 
and expands the uses of the Scallop Research Fund to include the implementation of 
scallop management measures.