An Act To Encourage Municipalities To Abate Coastal Pollution
Maine Legislature, Session 123, LD 0403
Committee Amendment CA_A_H31 (House)
Amends: 12 MRSA §6856

COMMITTEE AMENDMENT ''If to H.P. 319, L.D. 403, Bill, "An Act To 
Encourage Municipalities To Abate Coastal Pollution" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, it is important that coastal municipalities be allowed to manage their 
shellfish resources without the threat of losing their investments; and 
Whereas, this Act needs to take effect before mud flats are again accessible for the 
harvest of shellfish in order to ensure coastal municipalities some measure of control over 
the management and conservation of the shellfish resources within their jurisdictions; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the follo'wing legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 12 MRS A §6856, sub-§3, as amended by PL 2003, c. 248, § 11, is further 
amended to read: 
3. Depuration certificate. A person may not take shellfish from closed areas for 
depuration, processing and transportation without a depuration certificate. 
The 
commissioner may issue a depuration certificate to a wholesale seafood license holder 
that authorizes the holder to take shellfish from closed areas for depuration, processing 
and transportation. The certificate must establish limits on harvesting, depurating and 
processing methods and any other provisions required to ensure the public safety. A 
depuration plant operator maintain a generalized management plan on file with the 
commissioner that sets forth a timeline for harvest, harvest limits and harvester selection. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'A' to H.P. 319, L.D. 403 
The commissioner may permit depuration of shellfish not contaminated by paralytic 
shellfish poisoning if it is established that the water used during depuration will not 
contaminate the shellfish with paralytic shellfish poisoning. To ensure consistency with 
municipal shellfish conservation programs, established pursuant to section MJ71, the 
commissioner must consult with a municipal shellfish conservation committee before 
taking action to opon an area 'Nithin that municipality for depuration digging. 
The 
commissioner may continue to issue controlled purification certificates for areas that 
were restricted to depuration digging on September 1, 1989, 'Nithout consulting 
municipalities. 
Sec. 2. 12 MRSA §6856, sub-§3-A is enacted to read: 
3-A. Municipal consultation and approval; depuration harvesting. Within a 
municipality that has a municipal shellfish conservation committee established pursuant 
to section 6671, the following provisions apply to shellfish growing areas that have been 
downgraded after January 1, 2006 to a restricted classification for water quality as 
defined in rule. 
A. Unless the commissioner obtains the approval of the affected municipality, the 
commissioner may not open an area downgraded to a restricted classification for 
depuration harvesting for 2 years from the date of the reclassification to allow the 
municipality to develop a pollution abatement plan under subsection 3-B. 
B. Beginning April 1, 2007, a municipality must notify the commissioner within 8 
weeks of the reclassification of an area whether or not it intends to develop a 
pollution abatement plan. If the municipality does not wish to develop a pollution 
abatement plan in accordance with subsection 3-B or if it fails to notify the 
commissioner within the 8-week period, municipal approval is not required. 
C. If a municipal shellfish conservation committee has a pollution abatement plan as 
provided in subsection 3-B on file with the commissioner, the commissioner must 
obtain the approval of the committee before taking action to open an area within that 
municipality for depuration digging. 
D. If a municipal shellfish conservation committee has a depuration management 
plan as provided in subsection 3-C approved by the commissioner, the municipality 
may manage the depuration harvesting over a shellfish growing area within that 
municipality. 
Sec. 3. 12 MRSA §6856, sub-§3-B is enacted to read: 
3-B. Municipal pollution abatement plan. A pollution abatement plan must be 
specific to a particular shellfish growing area and include at least: 
A. A shoreline survey as defined by rule; 
B. Hydrological and meteorological data pertaining to the area; 
C. Pollution source identification; 
D. Tasks to be undertaken to remediate the pollution problem; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "n, to H.P. 319, L.D. 403 
E. A timeline for pollution remediation. If the time line for remediation is longer 
than 2 years, a scientific resource survey and a standing crop analysis as required by 
the commissioner must be included in the plan. 
Sec. 4. 12 MRSA §6856, sub-§3-C is enacted to read: 
3-C. Municipal depuration management plan. A depuration management plan 
must include but is not limited to: 
A. A scientific shellfish survey approved by the commissioner; 
B. A standing crop analysis with year classes as required bithe commissioner; 
C. Historical harvest data; and 
D. Established annual harvest limits. 
Sec. 5. 12 MRSA §6856, sub-§7, as enacted by PL 1991, c. 831, §2, is amended 
to read: 
. 
7. 
Resident depuration harvesters. wrnm Except for depuration activities 
conducted under subsection 3-A, paragraph D, when harvesting soft-shelled clams under 
a depuration certificate, the person holding the certificate shall, to the extent possible, 
employ one person who is a resident of the municipality as harvester for every person 
employed as harvester who is not a resident of that municipality. 
Sec. 6. Retroactivity. That section of this Act that enacts Title 12, section 6856, 
subsection 3-A applies retroactively to January 1, 2006. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment adds an emergency preamble and clause to allow the bill to take 
effect upon approval. It allows a town with a municipal shellfish conservation committee 
years to develop a pollution abatement plan to manage a shellfish growing area within 
its jurisdiction that has been downgraded to a restricted classification after January 1, 
2006 before that area is opened to depuration harvesting. Beginning April 1, 2007, a 
municipality must notify the commissioner within 8 weeks of the reclassification of an 
area whether or not it intends to develop a pollution abatement plan. If a municipality 
develops a pollution abatement plan within 2 years from the date of the reclassification, 
the Commissioner of Marine Resources must obtain the permission of the municipality 
before opening the area to depuration harvesting. If the municipality does not wish to 
develop a pollution abatement plan or if it fails to notify the commissioner within the 
8-week period, municipal approval is not required before opening the area to depuration 
harvesting. This amendment allows a town to manage the depuration harvesting within 
its jurisdiction if it has a depuration management plan approved by the Commissioner of 
Marine Resources. 
It also requires a depuration plant operator to file a general 
management plan with the Commissioner of Marine Resources that includes a timeline 
for harvest, harvest limits and harvester selection. 
COMMITTEE AMENDMENT