An Act To Preserve the Cobscook Bay Scallop Fishery
Maine Legislature, Session 123, LD 1980
Committee Amendment CA_A_S472 (Senate)
Amends: 12 MRSA §6701, 12 MRSA §6702, 12 MRSA §6703, 12 MRSA §6722, 12 MRSA §6725, 12 MRSA §6726, 12 MRSA §6728, 12 MRSA §6728-B, 12 MRSA §69

COMMITTEE AMENDMENT" A " to S.P. 774, L.D. 1980, Bill, "An Act To 
Preserve the Cobscook Bay Scallop Fishery" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6701, sub-§7 is enacted to read: 
7. 
Violation in Cobscook Bay. Notwithstanding subsection 6, a person who 
violates this section in Cobscook Bay commits a civil violation for which the following 
penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. 2. 12 MRSA §6702, sub-§7 is enacted to read: 
7. 
Violation in Cobscook Bay. Notwithstanding subsection 6, a person who 
violates this section in Cobscook Bay commits a civil violation for which the following 
penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
1 
board may be seized; and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT·1t .. to S.P. 774, L.D. 1980 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. 3. 12 MRSA §6703, sub-§6 is enacted to read: 
6. 
Violation in Cobscook Bay. 
Notwithstanding subsection 5, a person who 
violates this section in Cobscook Bay commits a civil violation for which the following 
penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. 4. 12 MRS A §6721-A, sub-§6 is enacted to read: 
6. Violation in Cobscook Bay. Notwithstanding section 6174 and subsection 5, a 
person who violates this section in Cobscook Bay commits a civil violation for which the 
following penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. 5. 12 MRSA §6722, as amended by PL 2001, c. 272, § 14, is repealed and the 
following enacted in its place: 
§6722. Scallop season 
1. Scallop fishing season. Unless modified by rules adopted under section 6171-A, 
a person may not fish for or take scallops in the territorial waters from April 16th to 
November 30th, both days inclusive. 
2. 
Violation in Cobscook Bay. 
Notwithstanding section 6174, a person who 
violates this section in Cobscook Bay commits a civil violation for which the following 
penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
COMMITTEE AMENDMENT 
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,... 
II 
COMMITTEE AMENDMENT" A" to S.P. 774, L.D. 1980 
c. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. 6. 12 MRSA §6725, as enacted by PL 1977, c. 661, §5, is repealed and the 
following enacted in its place: 
§6725. Possession of illegal scallops 
1. Prohibition. A person may not possess, ship, transport, buy or sell scallops taken 
in violation of this subchapter. 
2. Violation in Cobscook Bay. Notwithstanding section 6174, a person who 
violates this section in Cobscook Bay commits a civil violation for which the following 
penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec.7. 12 MRSA §6726, sub-§4 is enacted to read: 
4. 
Violation in Cobscook Bay. Notwithstanding section 6174, a person who 
violates this section in Cobscook Bay commits a civil violation for which the following 
penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. 8. 12 MRSA §6728, sub-§I, as enacted by PL 2001, c. 192, §1, is amended 
to read: 
1. Daily limit; rules. In the coastal waters northerly and inshore of the international 
bridge that connects Lubec to Campobello Island, New Brunswick, Canada, it is HRla-wflil 
te a person may not fish for, take or possess more than 15 gallons of scallop meat per day. 
Under this subsection it is HRlavffHl to a person may not unload any portion of a day's 
catch and return to fish ing. The department shall establish by rule a bushel limit of 
shellstock that is equivalent to 15 gallons of meat. The department shall also establish by 
rule a method to allow harvesters to land and possess scallops in Cobscook Bay that are 
taken outside the area defined in this subsection. 
Rules adopted pursuant to this 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A " 
to S.P. 774, L.D. 1980 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter H-A 
2-A. 
Sec. 9. 12 MRSA §6728, sub-§3, as enacted by PL 2001, c. 192, § 1, is repealed 
and the following enacted in its place: 
3. Violation. Notwithstanding section 6174, a person who violates this section 
commits a civil violation for which the following penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B. 
Sec. 10. 12 MRSA §6728-B is enacted to read: 
§6728-B. Habitual violations in Cobscook Bay 
The commissioner shall suspend the hand fishing scallop license or other license 
issued under this Part authorizing the taking of scallops of any license holder adjudicated 
or convicted in court of a 3rd or subsequent violation of this subchapter in Cobscook Bay. 
The suspension must be for at least one year from the date of conviction and may be up to 
years. 
Sec. 11. 12 MRSA §69S4-C, sub-§2 is enacted to read: 
2. Violation. Notwithstanding section 6174, a person who violates this section 
commits a civil violation for which the following penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
B. For the 2nd offense, a mandatory fine of $750 is imposed and all scallops on 
board may be seized; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. The penalty imposed pursuant to this paragraph is in 
addition to the penalty imposed under section 6728-B.' 
SUMMARY 
This amendment replaces the bill to conform its contents to the work of the Maine 
Criminal Justice Information System Policy Board to create a one-to-one relationship 
between each violation and a unique statutory citation. 
COMMITTEE AMENDMENT 
Approved: 03116/08 frac:.. 
LD 1980 
LR 3214(02) 
An Act To Preserve the Cobscook Bay Scallop Fishery 
Fiscal Note for Bill as Amended by Committee Amendment "A " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
The collection of additional fines for scallop violations may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the Department of Marine Resources can be absorbed within existing budgeted resources. 
LR3214(02) - Fiscal Note - Page 1 of 1