An Act To Amend Maine's Scallop Laws
Maine Legislature, Session 123, LD 2071
Committee Amendment CA_A_H863 (House)
Amends: 12 MRSA §6073-B, 12 MRSA §6703, 12 MRSA §6723, 12 MRSA §6726, 12 MRSA §6727-A, 12 MRSA §6728, 12 MRSA §6729, 12 MRSA §6701, 2 MRSA §6702, 12 MRSA §6721-A, 12 MRSA §6722, 12 MRSA §6724, 12 MRSA §6725

COMMITTEE AMENDMENT ,,11 " to H.P. 1455, L.D. 2071, Bill, "An Act To 
Amend Maine's Scallop Laws" 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'PART A 
Sec. A-I. 12 MRSA §6073-B is enacted to read: 
§6073-B. Harvester license exemption; scallop aquaculture 
The holder of a lease issued under section 6072, 6072-A or 6072-B or a license 
issued under section 6072-C is exempt from any requirement under sections 6701, 6702 
and 6703 to hold a separate license for the removal, possession, transport or sale of 
scallops from the leased area or the licensed gear when the final product form is the 
adductor muscle only. This exemption does not apply to scallops in any other form.' 
Amend the bill in section 1 in §6702 in subsection 4 in the 2nd line (page I, line 29 in 
L.D.) by striking out the following: "2 bushels of shell scallops or 4 quarts" and inserting 
the following: '2 bushels 1 bushel of shell scallops or 4 quarts 2 quarts' 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 12 MRSA §6703, suh-§3, as amended by PL 2003, c. 452, Pt. F, § 19 and 
affected by Pt. X, §2, is further amended to read: 
3. License limitation; quantity. In anyone day, the holder of a noncommercial 
scallop license may not take or possess more than 2 bushels 1 bushel of shell scallops or 
quarts 2 quarts of shucked scallops.' 
Amend the bill in section 2 in §6706 in subsection 1 by striking out all of paragraph 
A and inserting the following: 
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'A. The 2005, 2006 or 2007 license year; or' 
Amend the bill in section 2 in §6706 in subsection I by striking out all of paragraph 
B and inserting the following: 
'B. The 2008 license year prior to March 3, 2008.' 
Amend the bill by striking out all of sections 5 and 6 and inserting the following: 
'Sec. 5. 12 MRSA §6723, as amended by PL 198 I, c. 9 I, is repealed and the 
following enacted in its place: 
§6723. Drag limits in Blue Hill Bay 
1. Drag limit. Except as provided by rule pursuant to section 6727-A, subsection 2, a 
person may not fish for or take scallops with anyone combination of scallop drags in 
excess of 8 feet, 6 inches in width, measured from the extreme outside edge of the mouth 
of the drag or drags, in Blue Hill Bay above or north of a line drawn from Bass Harbor 
Head in the Town of Tremont westerly to Pond Island and thence to Naskeag Point in the 
Town of Brooklin. 
2. Violation. 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. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. 6. 12 MRSA §6726, sub-§I, as amended by PL 2001, c. 272, §15, is further 
amended to read: 
1. Minimum size. It is unla'Nful to utilizeThe minimum ring size is 3 112 inches 
except as provided by rule. The commissioner shall establish by rule a minimum ring 
size that may not be smaller than 4 inches in diameter. A person may not use a drag to 
fish for or take scallops in the territorial waters with rings that measure less than.,. the ring 
size provided pursuant to this subsection. Rules adopted pursuant to this subsection are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A. 
B. From December I, 1999 to April 15, 2000, 3 1/4 inches in diameter; and 
C. On December 1, 2000 and thereafter, 3 112 inches in diameter. 
Sec. 7. 12 MRS A §6727, as amended by PL 2001, c. 272, §16, is repealed. 
Sec. 8. 12 MRSA §6727-A is enacted to read: 
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§6727-A. Drag width 
1. Width limit. Except as provided in subsection 2, a person may not possess on 
any vessel fishing for scallops in the territorial waters, or use when fishing for or taking 
scallops in the territorial waters, a drag or any combination of drags that measures in 
excess of 10 feet, 6 inches across from one extreme outside edge of the mouth of the drag 
or combination of drags to the opposite extreme outside edge. 
2. Rules to reduce size limits. The commissioner shall adopt by rule the maximum 
width of a drag or combination of drags used to fish for scallops that is no more than 5 
feet, 6 inches across from one extreme outside edge of the mouth of the drag or 
combination of drags to the opposite extreme outside edge. Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
3. Possession of oversized drag. A person may not possess on any vessel fishing 
for scallops in the territorial waters, or use when fishing for or taking scallops in the 
territorial waters, a drag or any combination of drags that measures in excess of the limit 
set pursuant to this section. 
4. Violation. 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. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. 9. 12 MRSA §6728, sub-§3, as enacted by PL 2001, c. 192, § 1, is repealed. 
Sec. 10. 12 MRS A §6728, sub-§3-A is enacted to read: 
3-A. Violation. A person who violates this section commits a civil violation. The 
following penalties apply: 
A. For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; and 
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 and the scallop dragging license may be suspended 
for one year. This penalty is imposed in addition to the penalty imposed under section 
6728-B. 
Sec. 11. 12 MRSA §6729, sub-§1, as enacted by PL 2003, c. 319, §2, is amended 
to read: 
1. License surcharges. The following surcharges are assessed on licenses issued by 
the department: 
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A. 
For a hand fishing scallop license, $100; 
B. 
For a scallop draggers license, $100; aOO 
C. 
For a scallop diving tender license, $50~; and 
D. For a noncommercial scallop license, $40.' 
Amend the bill by inserting after section 7 the following: 
'Sec. 8. Development of a strategic plan to rebuild and manage Maine's 
scallop resource. The Scallop Advisory Council, referred to in this section as "the 
council," and the Department of Marine Resources, referred to in this section as "the 
department," shall develop a comprehensive strategic plan that will rebuild Maine's 
scallop resource and create a sustainable scallop fishery. Maine's scallop stocks are in 
sharp decline, and the plan must propose steps that are commensurate with the dire status 
of the fishery. The plan must provide short-term and long-term bench marks for 
measuring progress in rebuilding the scallop stock over the entire coastline of the state. 
The council and the department shall use the following as a guide for discussion in the 
development of the strategic plan: 
1. Entry restrictions to reduce fishing efforts, including, but not limited to, limited 
entry or a moratorium on the issuance of scallop licenses; 
2. Management options for consideration, including, but not limited to: 
A. The complete closure of the scallop fishery to allow the resource to recover; 
B. Closure of the scallop fishery except for Cobscook Bay to allow for resource 
recovery outside of Cobscook Bay with measures to protect scallops in Cobscook 
Bay from overfishing; and 
C. Rotational management in which a significant portion of the coast is closed on a 3-
year or 4-year rotation until a biological target is achieved; 
D. Management of the scallop and urchin fishery, together with potential for using 
the current sea urchin assessment zones; 
E. Creation of scallop seed conservation areas to allow scallops to mature and spawn 
for the benefit of the entire coast, taking into consideration all cable areas and the size 
of the areas needed to be effective and enforceable; 
F. Size restrictions, including a maximum and minimum shell size that will enhance 
fecundity rates; and 
G. Gear restrictions that include but are not limited to changes in drag configuration 
to minimize impacts on habitat and damage to undersized and oversized scallops, 
reduction in drag cable size and ring size and larger minimum mesh size for the upper 
bag; and 
3. Other options for consideration, including, but not limited to, adjustments to the 
scallop fishing season, a ban on Sunday fishing or weekend fishing and daily catch and 
possession limits for commercial and noncommercial fisheries. 
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The council and department shall jointly report the strategic plan, including findings, 
recommendations and necessary implementing legislation and rules to be adopted to 
implement the plan, to the joint standing committee of the Legislature having jurisdiction 
over marine resources matters no later than January 5, 2009. The joint standing 
committee may submit legislation to the First Regular Session of the 124th Legislature 
relating to the report and strategic plan. 
PARTB 
Sec. B-1. 12 MRSA §6701, suh-§6, as enacted by PL 2001, c. 421, Pt. B, §40 
and affected by Pt. C, § 1, is amended to read: 
6. Violation. A person who violates this section commits a civil violation for which 
a forfeiture of not less than $100 nor more than $500 may be adjudged. 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. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. B-2. l2 MRSA §6702, su h-§6, as enacted by PL 2001, c. 421, Pt. B, §41 
and affected by Pt. C, § 1, is amended to read: 
6. Violation. A person who violates this section commits a civil violation for which 
a forfeiture of not less than $100 nor more than $500 may be adjudged. 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. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. B-3. 12 MRSA §6703, sub-§5, as enacted by PL 1999, c. 771, Pt. B, §9 and 
affected by Pt. D, §§ 1 and 2, is amended to read: 
5. Penalty. A person who violates this section commits a civil violation for which a 
forfeiture of not less than $100 and not more than $500 may be adjudged. the following 
penalties apply: 
A. 
For the first offense, a mandatory fine of $500 is imposed and all scallops on 
board may be seized; 
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COMMITfEE AMENDMENT "R" ... H.P. 1455, L.D. 2071 
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. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. B-4. 12 MRSA §6721-A, sub-§S, as reallocated by PL 2003, c. 520, §8, is 
amended to read: 
5. Violation. A person who violates this section commits a civil violation~ for 
which the following penalties applY7~ 
A. For the first offense, a mandatory fine of ~ 
$500 is imposed and all scallops 
on board may be seized7~ 
B. 
For the 2nd and each subsequent offense, a mandatory fine of ~ 
$750 is 
imposed, and all scallops on board may be seized and the scallop boat license may be 
suspended for one year.; and 
C. For the 3rd and subsequent offenses, a mandatory fine of $750 is imposed and all 
scallops on board may be seized. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. B-S. 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 regulation adopted under section 
6171-A, a person may not fish for or take scallops in the territorial waters from April 16th 
to November 30th. 
2. Violations. 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. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. B-6. 12 MRSA §6724, as enacted by PL 1977, c. 661, §5, is repealed and the 
following enacted in its place: 
§6724. Otter trawl in Penobscot River 
1. Prohibition. A person may not fish for or take scallops by use of an otter trawl 
inside and upriver of a line drawn from the lighthouse on Dice Head, Castine to Turtle 
Head on Islesboro and thence to the town wharf at Bayside, Northport. 
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. '0 H.P. \455. L.D. 2071 
I 
2. Violations. 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. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. B-7. 12 MRSA §6725, as enacted by PL 1977, c. 661, §5, is repealed and the 
II 
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. Violations. 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. This penalty is imposed in addition to the penalty 
imposed under section 6728-B. 
Sec. B-S. 12 MRS A §672S-B is enacted to read: 
§6728-B. Habitual violations 
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. The suspension 
must be for at least one year from the date of conviction and may be for up to 3 years.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment: 
1. 
Reduces by 112 the daily quantity of scallops a person with a noncommercial 
scallop license can harvest or possess to 1 bushel of shell scallops or 2 quarts of shucked 
scallops; 
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.. ,. H.P. 1455, L.D. 2071 
2. Provides that the holder of an aquaculture lease is not required to hold a separate 
license for the removal, possession, transport or sale of scallops from the leased area or 
the licensed gear when the final product form is the adductor muscle only; 
3. Provides for a $40 surcharge for noncommercial scallop licenses; 
4. Increases the number of people eligible to obtain a scallop fishing license in 2009 
by increasing the eligibility period from those who held a scallop license between 2006 
and April 15,2007 to those who held a scallop license between 2005 and March 3,2008; 
5. Directs the Commissioner of Marine Resources to adopt rules to establish a 
minimum ring size of no less than 4 inches; 
6. Directs the Commissioner of Marine Resources to adopt by rule the maximum size 
for the mouth of a drag or combination of drags used together that is no more than 5 feet, 
inches across; 
7. It directs the Scallop Advisory Council and the Department of Marine Resources to 
develop a comprehensive strategic plan that will rebuild Maine's scallop resource and 
create a sustainable scallop fishery. The council and department shall report the plan, 
including findings, recommendations and necessary implementing legislation, to the joint 
standing committee of the Legislature having jurisdiction over marine resources matters 
no later than January 5, 2009. The joint standing committee may submit legislation to the 
and 
8. Provides that for any violation of a scallop law or rule all scallops on board may be 
seized and for the first offense a mandatory fine of $500 is imposed, for the 2nd offense a 
mandatory fine of $750 is imposed and for the 3rd and subsequent offenses a mandatory 
fine of $750 is imposed. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/19/08 
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evenue 
LD 2071 
LR 3069(02) 
An Act To Amend Maine's Scallop Laws 
Fiscal Note for Bill as Amended by Committee Amendment "4" 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
2007-08 
2008-09 
Projections 
2009-10 
Other Special Revenue Funds 
$0 
$18,250 
$18,250 
Correctional and Judicial Impact Statements 
Projections 
2010-11 
$18,250 
Establishes new civil violations. The collection of additional fines may also increase General Fund revenue by minor 
amounts. 
Fiscal Detail and Notes 
The $40 surcharge for noncommercial scallop licenses will increase Other Special Revenue Funds within the 
Department of Marine Resources by $18,250 beginning in fiscal year 2008-09. 
LR3069(02) - Fiscal Note - Page 1 of 1