An Act To Facilitate the Timely Reopening of Closed Clam Flats
Maine Legislature, Session 123, LD 2038
Committee Amendment CA_A_H741 (House)
Amends: 5 MRSA §12004-I, 12 MRSA §6038, 12 MRSA §6651

COMMITTEE AMENDMENT" fl" to H.P. 1422, L.D. 2038, Bill, "An Act To 
Facilitate the Timely Reopening of Closed Clam Flats" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Establish the Shellfish Advisory Council and To Improve the 
Process of Reopening Clam Flats' 
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, the establishment of a shellfish advisory council is paramount for the 
proper management of Maine's shellfish resources to ensure the safe consumption of 
shellfish and the health of the shellfish industry; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following 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: 
PART A 
Sec. A-I. 5 MRSA §12004-I, sub-§57-G is enacted to read: 
57-G. 
Marine 
Resources 
Shellfish 
Advisory Council 
Expenses Only 
MRSA §6038 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" fi " 
to H.P. 1422, L.D. 2038 
Sec. A-2. 12 MRS A §6038 is enacted to read: 
§6038. Shellfish Advisory Council 
1. Appointment; composition. The Shellfish Advisory Council, referred to in this 
section as "the council" and established by Title 5, section 12004-1, subsection 57-G, 
consists of 13 members who are appointed by the commissioner as follows: 
A. Four members who are commercial shellfish license holders, at least 3 of whom 
must be primarily soft-shell clam harvesters. In making the appointments under this 
paragraph, the commissioner shall consider up to 6 recommendations from 
associations representing the interests of persons who harvest shellfish commercially; 
B. 
Two members who are shellfish aquaculture lease holders. 
In making the 
appointments under this paragraph, the commissioner shall consider up to 3 
recommendations from associations representing the interests of persons who raise 
shellfish under aquaculture leases; 
C. One member who represents the interests of municipalities with wastewater 
treatment systems; 
D. Two members who are licensed wholesale seafood dealers who have been issued 
a shellfish sanitation certificate pursuant to section 6856, subsection 1. In making the 
appointments under this paragraph, the commissioner shall consider up to 3 
recommendations from associations representing the interests of persons who buy 
and sell shellfish; 
E. One public member with knowledge of and interest in coastal water quality; 
F. Two members who are municipal shellfish wardens. In making the appointments 
under this paragraph, the commissioner shall solicit and consider up to 3 
recommendations for these 2 appointments from associations representing the 
interests of persons who protect and help manage municipal shellfish resources; and 
G. One member who has been issued a shellfish depuration certificate under section 
6856, subsection 3. 
The commissioner shall make appointments so that the composition of the council 
reflects a geographic distribution along the coast of the State. 
2. Purpose. The council shall make recommendations to the commissioner and the 
joint standing committee of the Legislature having jurisdiction over marine resources 
matters concerning: 
A. How best to utilize state agencies, municipal governments, the shellfish industry 
and citizen groups to make improvements to and maintain the quality of the State's 
coastal waters and to expedite the opening of closed shellfish flats; and 
B. Matters of interest to the State's shellfish industry, including, but not limited to, 
shellfish resource management, public health protection and the activities and 
recommendations of a multistate organization that promotes shellfish sanitation. 
COMMITTEE AMENDMENT 
\\, ,,\\ "', 
COMMITTEE AMENDMENT" A" to H.P.1422, L.D. 2038 
The council is responsible for bringing forward to the commissioner matters of concern to 
the shellfish industry and for assisting the commissioner with the dissemination of 
information to members of the shellfish industry. 
3. Term. The term of a member appointed to the council is 3 years, except that a 
vacancy during an unexpired term must be filled in the same manner as for the original 
member for the unexpired portion of the member's term. A member may not serve more 
than 2 consecutive terms. 
4. Officers. The officers of the council are the chair, vice-chair and secretary. The 
term of the officers is one year. The council shall elect a member of the council for each 
officer position at the first regular meeting of each year. 
5. Meeting. The council shall meet at least once a year. It may also meet at other 
times at the call of the chair or the commissioner. In advance of a meeting of a multistate 
organization that promotes shellfish sanitation, the council shall meet to discuss matters 
of interest to the shellfish industry, the department and the multistate organization and to 
make recommendations as necessary. 
6. Compensation. Council members are entitled to expenses according to Title 5, 
chapter 379, which are paid from the Shellfish Fund established in section 6651. 
Sec. A-3. 12 MRSA §6651, sub-§2, as amended by PL 1987, c. 328, §2, is 
further amended to read: 
2. Uses of fund. The commissioner may expend the money in the Shellfish Fund for 
management, enforcement, restoration, development and conservation of shellfish and 
mussels in the intertidal zone or coastal waters and for the costs associated with the 
Shellfish Advisory Council established by Title 5, section 12004-1, subsection 57-G. 
Sec. A-4. Shellfish Advisory Council; staggered terms. Notwithstanding the 
Maine Revised Statutes, Title 12, section 6038, subsection 3, the Commissioner of 
Marine Resources for the original appointment of members to the Shellfish Advisory 
Council shall designate the first 3 appointments for one-year terms, the next 4 
appointments for 2-year terms and any other appointments for 3-year terms. An initial 
term of one or 2 years may not be considered a full term for purposes of limiting the 
number of terms for which a member may serve. 
PART B 
Sec. B-1. Implementation of recommendations. The Department of Marine 
Resources, working with the federal Food and Drug Administration and interested 
parties, in consultation with the Shellfish Advisory Council under the Maine Revised 
Statutes, Title 12, section 6038, shall implement in an orderly 
fashion all 
recommendations of the review conducted pursuant to Resolve 2007, chapter 82. 
Sec. B-2. Water quality test projects. The Department of Marine Resources 
shall undertake 2 or more projects within one year of the effective date of this Act under 
which a municipality contracts with a private laboratory, certified by the department, to 
conduct water quality tests. The department shall as part of the certification process 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A " 
to H.P. 1422, L.D. 2038 
request and review the past practices or service record for an entity that seeks to be 
certified by the department. 
Sec. B-3. Report. On or before February 15, 2009, the Shellfish Advisory Council 
under the Maine Revised Statutes, Title 12, section 6038 and the Department of Marine 
Resources shall report to the joint standing committee of the Legislature having 
jurisdiction over marine resources matters on all the activities the council and the 
department have undertaken pursuant to this Act, including the results of projects and the 
progress in implementing all of the recommendations made pursuant to Resolve 2007, 
chapter 82, section 4. In addition the Shellfish Advisory Council shall report on its 
overall structure and the appropriateness of the appointment process for the council. 
Sec. B-4. Appropriations and allocations. The following appropriations and 
allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Bureau of Resource Management 0027 
Initiative: Appropriates funds to implement the recommendations from the November 28, 
2007 review of the Department of Marine Resources' shellfish sanitation program 
conducted pursuant to Resolve 2007, chapter 82 and to undertake 2 or more projects 
where a municipality contracts with a private lab to conduct water quality testing. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
GENERAL FUND TOTAL 
Division of Administrative Services 0258 
2007-08 
0.000 
$0 
$0 
2008-09 
1.000 
$73,009 
$73,009 
Initiative: Appropriates funds to implement the recommendations from the November 28, 
2007 review of the Department of Marine Resources' shellfish sanitation program 
conducted pursuant to Resolve 2007, chapter 82 and to undertake 2 or more projects 
where a municipality contracts with a private lab to conduct water quality testing. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
MARINE RESOURCES, DEPARTMENT OF 
DEPARTMENT TOTALS 
2007-08 
$0 
$0 
2007-08 
COMMITTEE AMENDMENT 
2008-09 
$7,662 
$7,662 
2008-09 
COMMITTEE AMENDMENT" A " to H.P. 1422, L.D. 2038 
GENERAL FUND 
DEPARTMENT TOTAL - ALL FUNDS 
$0 
$80,671 
$0 
$80,671 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the majority report and replaces the bill. 
1. 
It establishes the Shellfish Advisory Council to advise the Commissioner of 
Marine Resources and the joint standing committee of the Legislature having jurisdiction 
over marine resources matters on matters of interest to Maine's shellfish industry, 
including how best to maintain the quality of coastal waters and to expedite the opening 
of closed shellfish flats. 
2. It directs the Department of Marine Resources, working with the federal Food and 
Drug Administration, interested parties and the Shellfish Advisory Council, to implement 
the recommendations made pursuant to Resolve 2007, chapter 82. 
3. It directs the Department of Marine Resources to undertake within one year 2 or 
more projects in which a municipality contracts with a private laboratory certified by the 
department to conduct water quality testing. 
4. It directs the Department of Marine Resources and the Shellfish Advisory Council 
to report to the joint standing committee of the Legislature having jurisdiction over 
marine resources matters by February 15, 2009 on activities undertaken pursuant to the 
directives in this amendment. 
5. It adds an appropriations and allocations section and an emergency preamble and 
emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 02/27 108 
;tva~ 
Net Cost (Savings) 
General Fund 
LD 2038 
LR3030(02) 
An Act To Facilitate the Timely Reopening of Closed Clam Flats 
Fiscal Note for Bill as Amended by Committee Amendment ,,~ " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
$0 
2008-09 
$80,671 
Projections 
2009-10 
$206,619 
Appropriations/Allocations 
General Fund 
$0 
$80,671 
$206,619 
Fiscal Detail and Notes 
Projections 
2010-11 
$210,831 
$210,831 
The bill includes a General Fund appropriation of$80,671 to the Department of Marine Resources in fiscal year 2008-
to implement the recommendations from the November 28, 2007 review of the Department's Shellfish Sanitation 
Program conducted pursuant to Resolve 2007, chapter 82, and to undertake two or more projects where a municipality 
contracts with a private lab, certified by the Department, to conduct water quality testing. Costs and expenses 
associated with the Shellfish Advisory Council are minor and can be absorbed within existing resources. 
LR3030(02) - Fiscal Note - Page 1 of 1