An Act To Make Clam Flat Status Notification More Efficient, Cost-effective and Economically Beneficial to the Shellfish Industry
Maine Legislature, Session 123, LD 2129
Committee Amendment CA_B_H728 (House)
Amends: 12 MRSA §6194, 12 MRSA §6191

COMMITTEE AMENDMENT" Z " to H.P. 1508, L.D. 2129, Bill, "An Act To 
Make Clam Flat Status Notification More Efficient, Cost-effective and Economically 
Beneficial to the Shellfish Industry" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6194 is enacted to read: 
§6194. Shellfish area closure status notification 
Notwithstanding Title 5, section 8053, the notification of rulemaking relating to the 
status of a shellfish area is not required to be published in a newspaper. The department 
shall place any information concerning the opening or closing of a shellfish area on the 
department's shellfish sanitation hotline and on the department's publicly accessible 
website. The commissioner may, in the case of an emergency as determined by the 
commissioner, advertise a change in the status of a shellfish area in the newspaper. 
This section is repealed July 3 I, 2009. 
Sec. 2. 12 MRSA §6191, sub-§l, as amended by PL 2003, c. 248, §4, is further 
amended to read: 
1. Procedures. In adopting or amending any rule, except as provided in section 
6194, the commissioner shall use the procedures required for rulemaking under the Maine 
Administrative Procedure Act, Title 5, chapter 375, and the additional requirements of 
this subchapter. 
Sec. 3. Report. The Department of Marine Resources shall monitor the impact, 
including but not limited to complaints, of the changes made to the notification 
requirements under this Act and report its findings to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters no later than January 5, 
2009. 
COMMITTEE AMENDMENT 
~~~' 
1 
COMMITTEE AMENDMENT "g "to H.P. 1508, L.D. 2129 
Sec. 4. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Bureau of Resource Management 0027 
Initiative: Recognition of cost savings due to the department's not publishing the status of 
shellfish areas in a newspaper. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
SUMMARY 
2007-08 
$0 
$0 
2008-09 
($25,000) 
($25,000) 
This amendment is the minority report and replaces the bill. 
It removes the 
requirement that rules relating to the status of shellfish areas adopted by the Department 
of Marine Resources be published in a newspaper. Instead, the amendment requires the 
Department of Marine Resources to place any information concerning the opening or 
closing of a shellfish area on the department's shellfish sanitation hotline and on the 
department's publicly accessible website. 
It gives the Commissioner of Marine 
Resources the option to publish changes to shellfish areas in the newspaper in cases of 
emergency. It also repeals the provision on July 31, 2009. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/05/08 ;:!?fac:. 
LD 2129 
LR 3045(03) 
An Act To Make Clam Flat Status Notification More Efficient, Cost-effective and Economically 
Beneficial to the Shellfish Industry 
Fiscal Note for Bill as Amended by Committee Amendment" R " 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2007-08 
2008-09 
Projections 
2009-10 
Projections 
2010-11 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Fiscal Detail and Notes 
$0 
$0 
($25,000) 
($2,100) 
$0 
($25,000) 
($2,100) 
$0 
The cost related to publishing notifications of the status of shellfish areas varies each year depending on how many 
shellfish areas are closed. Based upon historical data, it is estimated that the savings for fiscal year 2008-09 is 
$25,000. The section of the bill indicating that the notification of rules relating to the status of shellfish areas is not 
required to be published in a newspaper is repealed on July 31, 2009. Additional costs to the Department of Marine 
Resources associated with monitoring the impact ofthe changes to the notification requirements can be absorbed 
within existing resources. 
LR3045(03) - Fiscal Note - Page 1 of 1