An Act To Facilitate the Timely Reopening of Closed Clam Flats
Maine Legislature, Session 123, LD 2038
Committee Amendment CA_B_H742 (House)
Amends: 12 MRSA §6038

COMMITTEE AMENDMENT" B" to HP. 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 Enhance the 
Management of Shellfish Areas' 
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: 
Sec. 1. 5 MRS A §12004-I, sub-§57-G is enacted to read: 
57-G. 
Marine 
Resources 
Shellfish 
Advisory Council 
Expenses Only 
Sec. 2. 12 MRSA §6038 is enacted to read: 
MRSA §6038 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "3" to H.P. 1422, L.D. 2038 
§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. 
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. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" 8 " 
to H.P. 1422, L.D. 2038 
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 muItistate 
organization that promotes shellfish sanitation, the council shaH meet to discuss matters 
of interest to the shellfish industry, the department and the muItistate 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. 3. 12 MRS A §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. 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. 
Sec. 5. Shellfish Advisory Council; first order of business. The Shellfish 
Advisory Council, established in the Maine Revised Statutes, Title 5, section 12004-1, 
subsection 57-G, upon appointment of members by the Commissioner of Marine 
Resources shall work 
with 
the Department of Marine 
Resources 
regarding 
recommendations in the November 28, 2007 review of the Department of Marine 
Resources' shellfish sanitation program conducted pursuant to Resolve 2007, chapter 82 
and may make recommendations to the joint standing committee of the Legislature 
having jurisdiction over marine resources matters regarding pilot projects involving 
private laboratories for water quality sampling and testing. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment is the minority report and replaces the bill. It establishes the 
Shellfish Advisory Council to advise the Commissioner of Marine Resources and the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ,,/:J" to H.P.1422, L.D. 2038 
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. 
It provides that upon appointment of its members the Shellfish Advisory Council 
shall work with the Department of Marine Resources regarding recommendations in the 
November 28, 2007 review of the Department of Marine Resources' shellfish sanitation 
program and may make recommendations to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters regarding pilot projects 
involving private laboratories for water quality sampling and testing. 
It adds an emergency preamble and emergency clause to the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
• 
Approved: 02/27/08 frae. 
LD 2038 
LR 3030(03) 
An Act To Facilitate the Timely Reopening of Closed Clam Flats 
Fiscal Note for Bill as Amended by Committee Amendment" gIl 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs and expenses to the Department of Marine Resources associated with reviewing and evaluating, in 
conjunction with the Shellfish Advisory Council, the recommendations of the November 28,2007 review of the 
Department's Shellfish Sanitation Program conducted pursuant to Resolve 2007, chapter 82, as well as considering 
pilot projects involving private labs for water quality sampling and testing, are minor and can be absorbed within 
existing budgeted resources. Any potential costs associated with implementation of such recommendations would 
need to be considered in future legislation. 
LR3030(03) - Fiscal Note - Page 1 of 1