An Act To Correct Errors and Inconsistencies in Marine Resources Laws
Maine Legislature, Session 124, LD 1567
Committee Amendment CA_A_H707 (House)
Amends: 3 MRSA §959, 12 MRSA §6022, 12 MRSA §6071, 12 MRSA §6137, 12 MRSA §6138, 12 MRSA §6409, 12 MRSA §6411, 12 MRSA §6721-A, 12 MRSA §6851, 12 MRSA §6856, 12 MRSA §12760, 12 MRSA §12804, 37-B MRSA §1112, 37-B MRSA §1119, 38 MRSA §480-B, 38 MRSA §480-U, 38 MRSA §636

COMMITTEE AMENDMENT" A" to H.P. 1104, L.D. 1567, Bill, "An Act To 
Correct Errors and Inconsistencies in Marine Resources Laws" 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 3 MRSA §959, sub-§I, ~G, as amended by PL 2005, c. 477, §1, is 
flllther amended to read: 
G. The joint standing committee of the Legislature having jurisdiction over inland 
fisheries and wildlife matters shall use the following list as a guideline for scheduling 
reviews: 
(1) Department ofiniand Fisheries and Wildlife in 2007; and 
(2) Advisory Board for the Licensing of Taxidermists in 200h-iHffi~ 
(3) Atlantic Salmon Commission in 2011. 
Sec. 2. 5 MRS A §12004-G, sub-§20-A, as amended by PL 2007, c. 240, Pt. QQ, 
§ 1, is repealed. 
Sec.3. 12 MRSA §6022, sub-§16 is enacted to read: 
16. Atlantic salmon powers and responsibilities. The commissioner has the sole 
authority to introduce Atlantic salmon into the inland waters, other than in commercial 
aquaculture facilities. The commissioner has the sole authority to limit or prohibit the 
talcing of Atlantic salmon and may adopt rules establishing the time, place and manner of 
Atlantic salmon fishing in all waters of the State. 
Rules adopted pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 4. 12 MRSA §6071, sub-§I, as amended by PL 2007, c. 695, Pt. C, §2, is 
further amended to read: 
1. 
Live importing for introduction into coastal waters. 
Except for Atlantic 
salmon imported by the Atlantic Salmoil Commission under Pmt 9 commissioner, it is 
unlawful to import for introduction, possess for purposes of introduction or introduce into 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT"~ "to H.P. 1104, L.D. 1567 
coastal waters a live marine organism without a permit issued by the commissioner 
pursuant to subsection 2. 
Sec. 5. 12 MRSA §6137, as enacted by PL 2007, c. 240, Pt. QQ, §4, is repealed. 
Sec. 6. 12 MRSA §6138, as enacted by PL 2007, c. 240, Pt. QQ, §5, is repealed.' 
Amend the bill by striking out all of section 8 (page 1, line 34 and page 2, lines 1 to 9 
in L.D.) and inserting the following: 
'Sec. 8. 12 MRSA §6409, as reallocated by RR 1999, c. 2, § 13, is amended to 
read: 
§6409. Suspension of license for failure to appear, answer or pay 
. If a license is suspended pursuant to Title 14, section 3142, the suspension remains in 
effect and that person is ineligible to obtain or hold a license until the person pays the 
fine. 
On payment of the fine and on condition of payment of a $25 reinstatement 
administrative fee to the department, the clerk of the court in 'tvhich the suspension was 
ordered shall rescind the suspension and notif)r the department, which, upon receipt of the 
$25 reinstatement fee, shall delete any record of the suspension from that person's record 
is rescinded and the eligibility to obtain or hold a license reinstated. For the purposes of 
this section, "fine" has the same meaning as in Title 14, section-3141, subsection 1.' 
Amend the bill in section 9 in §6410 in the first paragraph in the first line (page 2, 
line 12 in L.D.) by striking out the following: "right to obtain" and inserting the 
following: 'eligibility to obtain or hold' 
Amend the bill in section 9 in §6410 in the first paragraph in the 4th and 5th lines 
(page 2, lines 15 and 16 in L.D.) by striking out the following: "right to obtain" and 
inserting the following: 'eligibility to obtain or hold' 
Amend the bill by striking out all of section 10 (page 2, lines 17 to 22 in L.D.) and 
inserting the following: 
'Sec. 10. 12 MRSA §6411 is enacted to read: 
§6411. Refusal to renew or reissue license for failure to file or failure to pay state 
tax obligations 
If a person's eligibility to obtain a license is suspended pursuant to Title 36, section 
175, the suspension is in effect until the State Tax Assessor issues'a certificate of good 
standing. On condition of payment of a $25 administrative fee to the department, the 
suspension is rescinded and the person's eligibility to obtain a license reinstated.' 
Amend the bill in section 12 in subsection 1 in the 2nd line (page 2, line 37 in L.D.) 
by striking out the following: "$20 of each $136 fee," and inserting the following: '$10 of 
each $136 fee,' 
Amend the bill in section 14 in §6533 in the first paragraph in the 2nd line (page 3, 
line 16 in L.D.) by strikil)g out the following: "It is unlawful for a person to" and inserting 
the following: 'a A person to may not' 
COMMITTEE AMENDMENT 
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COMMIITEE AMENDMENT "A "to I-LP. I 104, L.D. 1567 
Amend the bill in section 15 in §6535 by striking out all of subsection 4 (page 4, lines 
and4 in L.D.) and inserting the following: 
'4. Fees. The fee for a license issued under this section is $133.' 
Amend the bill by inseliing after section 16 the following: 
'Sec. 17. 12 MRSA §6721-A, sub-§2, as amended by PL 2007, c. 607, Pt. A, §5, 
is fl1liher amended to read: 
2. Pl'ima facie evidence. It is prima facie evidence of possession of illegal scallops 
if a vessel contains scallops less than the minimum shell size set by this section or the 
minimum shell size set by rules adopted pursuant to this section while a scallop dragging 
license holder or crew member person licensed under this subchapter or crew member of 
a person licensed under this subchapter is shucking scallops.' 
Amend the bill in section 19 in paragraph E (page 5, line 13 in L.D.) by striking out 
the following: "$40" and inseliing the following: '$100' 
Amend the bill by inseliing after section 23 the following: 
'Sec. 24. 12 MRSA §6851, sub-§2-D, as amended by PL 2003, c. 170, §4, is 
fmiher amended to read: 
2-D. 
Wholesale seafood license with shl'imp pel'mit. 
At the request of the 
applicant, the commissioner shall issue a wholesale seafood license with a shrimp permit. 
A person holding a wholesale seafood license with a shrimp permit may engage in all of 
the activities in subsection 2 and may buy, sell, process, ship or transpOli shrimp. 
Sec. 25. 12 MRSA §6856, sub-§3-A, as enacted by PL 2007, c. 15, §2 and 
affected by §6, is amended to read: 
3-A. Municipal consultation and approval; depuration harvesting. Within The 
following provisions apply within a municipality that has a municipal shellfish 
conservation committee established pursuant to section 6671, the follov .. ing provisions~ 
Paragraphs A and B apply to shellfish growing areas that have been downgraded 
reclassified after January 1,2006 from an approved to a restricted classification for water 
quality as defined in rule. Paragraph B-1 applies to shellfish growing areas reclassified 
after January 1, 2010 from a prohibited to restricted ciassification. 
A. Unless the commissioner obtains the approval of the affected municipality, the 
commissioner may not open an area dovmgraded reclassified fi'om an approved to a 
restricted classification for depuration harvesting for 2 years from the date of the 
reclassification to allow the municipality to develop a pollution abatement plan under 
subsection 3-B. 
B. Beginning April 1,2007, a A municipality must notify the commissioner within 8 
weeks of the f! reclassification fi'om 'an approved to a restricted classification of an 
area whether or not it intends to develop a pollution abatement plan. 
If the 
municipality does not wish to develop a pollution abatement plan in accordance with 
subsection 3-B or if it fails to notify the commissioner within the 8-week period, 
. municipal approval is not required. 
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COMMIITEE AMENDMENT "A "to H.P. 1104, L.D. 1567 
B-1. Unless the commissioner obtains the approval of the affected municipality, the 
commissioner may not open an area reclassified from a prohibited to a restricted 
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classification for depuration harvesting. 
A municipality must document to the 
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commissioner within 4 weeks of the reclassification fi'om a prohibited to a restricted 
classification that the municipality intends to take significant measures following the 
reclassification to be incorporated in its pollution abatement plan. If the municipality 
fails to provide sufficient documentation or does not wish to develop a pollution 
abatement plan or if it fails to liotify the commissioner within the 4-week period, 
. municipal approval is not required. The municipality must provide the commissioner 
a progress report on activities under its abatement plan every 6 months. 
C. If a municipal shellfish conservation committee has a pollution abatement plan as 
provided in subsection 3-B on file with the commissioner, the commissioner must 
obtain the approval of the committee before taking action to open an area within that 
municipality for depuration digging. 
D. If a municipal sheIlfish conservation committee has a depuration management 
plan as provided in subsection 3-C approved by the commissioner, the municipality 
may manage the depuration harvesting over a shelIfish growing area within that 
municipality. 
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Sec. 26. 12 MRSA §12760, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is amended to read: 
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3. 
Monitoring program. 
The commissioner shalI, in cooperation with the 
Department of Marine Resources and the Atlantic Salmon Commission, establish a 
program to ensure fishways are functioning properly and remain sufficient or suitable for 
the passage of anadromous or migratory fish. The commissioner has sole authority to 
take corrective action at fishways as prescribed under this section. 
Sec. 27. 12 MRSA §12804, sub-§l,,-n, as enacted by PL 2003, c. 414, Pt. A, §2 
and affected by c. 614, §9, is ainended to read: 
D. 
Transplantation. Prior to the transplantation, introduction or reintroduction of an 
endangered or threatened species in the State, the commissioner shalI, in conjunction 
with the Atlantic Salmon Commission Department of Marine Resources, when 
appropriate, develop a recovery plan for that species,conduct a public hearing on that 
recovery plan pursuant to Title 5, Part 18 and submit that plan to the joint standing 
committee of the Legislature having jurisdiction over inland fisheries and wildlife 
matters. The introduction or reintroduction of that species must be conducted in 
accordance with the recovery plan developed under this paragraph and may not begin 
sooner than 90 days after all conditions of this paragraph have been met; and 
Sec. 28. 37-B MRSA §1112, as enacted by PL 2001, c. 460, §3, is amended to 
read: 
§1112. Administration 
The department shalI administer this chapter. In carrying out the provisions of this 
chapter, the department shall consult as appropriate with other state agencies, including 
the Department of Conservation, the Department of Environmental Protection, the 
Department of Inland Fisheries and Wildlife, the Department of Marine Resources, the 
COMMITTEE AMENDMENT 
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COMMlITEE AMENDMENT" A" to H.P. 1 104, L.D. 1567 
DepaJiment of Public Safety, the DepaJiment of Trailsportation, the Maine Land Use 
Regulation Commission, the Maine Atlantic Salmon Commission and the State Planning 
Office, for their aid and assistance. 
Sec. 29. 37-B MRSA §1119, sub-§3, as enacted by PL 2001, c. 460, §3, IS 
amended to read: 
3. Review conference. After receiving the inspector's repOli and prior to issuing any 
dam safety order, the commissioner shall hold a review conference and shall invite the 
emergency management director of the county in which the dam is located to the review 
conference as well as representatives from appropriate state agencies which may include 
the Department of Conservation, the Depaliment of Environmental Protection, the 
Department of Inland Fisheries and Wildlife, the DepaJiment of Marine Resources, the 
Depaliment of Public Safety, the Depaliment of TranspOliation, the Maine Land Use 
Regulation Commission, the Maine Atlantic Salmon Commission and the State Planning 
Office, to discuss the public safety, environmental, economic and other concerns relating 
to the dam and the necessary remedial measures under consideration. 
A state dam 
inspector shall attend the review conference. The commissioner shall maintain a written 
record of the conference and shall make a copy of this record available to all parties 
paliicipating in the conference. 
Sec. 30. 38 MRSA §480-B, sub~§10, ~A, as enacted by PL 2005, c. 116, §2, is 
amended to read: 
A. 
The following areas to the extent that they have been mapped by the Depaliment 
of Inland Fisheries and Wildlife or are within any other protected natural resource: 
habitat, as defined by the Depaliment of Inland Fisheries and Wildlife, for species 
appearing on the official state or federal list of endangered or threatened animal 
species; high and moderate value deer wintering areas and travel corridors as defined 
by the Depaliment of Inland Fisheries and Wildlife; seabird nesting islands as defined 
by the Department of Inland Fisheries and Wildlife; and critical spawning and 
nursery areas for Atlantic salmon as defined by the Atlantic Salmon Commission 
Depaliment of Marine Resources; and 
Sec. 31. 38 MRSA §480-U, sub-§2, ~A, as amended by PL 2005, c. 330, § 17, is 
fUliher amended to read: 
A. 
The application must contain written certification by a knowledgeable 
professional that the cranbeny cultivation project will not be located in a wetland that 
has one or more of the following characteristics: 
(1) Is a coastal wetland or is located within 250 feet of a coastal wetland; 
(2) Is a great pond; 
. (3) 
Contains endangered or threatened plant species as defined in Title 12, 
section 544; 
(4) Contains any type of palustrine natural community of which there are 20 or 
fewer occurrences in the State; 
(5) Contains any of the following resources: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "Pr" to H.P. 1104, L.D. 1567 
(a) Habitat for species appearing on the official state oi" federal lists of 
endangered or threatened species when there is evidence that the species is 
present; 
(b) As defined by rule by the Commissioner ofInland Fisheries and Wildlife, 
whether or not the resource has been mapped, high-value and moderate-value 
deer wintering areas; deer travel corridors; high-value and moderate-value 
watelfowl or wading bird habitats, including nesting and feeding areas; 
shorebird nesting, feeding or staging areas; or seabird nestin~ islands; 01' 
(c) Critical spawning and nesting areas for Atlantic salmon as defined by rule 
by the Atlantic Salmon Commission DepaJtment of Marine Resources 
whether or not mapped; 
(6) Is located within 250 feet of the normal high water line and within the same 
watershed of any lake or pond classified as GPA under section 465-A; 
(7) Is a bog dominated by ericaceous shrubs, sedges and sphagnum moss and 
usually having a saturated water regime, except that applications proposing 
reclamation of previously mined peat bogs may be considered; 
(8) Is land adjacent to the main stem of a major river, as classified in section 
467, that is inundated with floodwater during a 100-year flood event and that 
under normal circumstances supports a prevalence of wetland vegetation, 
typically adapted for life in saturated soils; or 
(9) Contains at least 20,000 square feet of aquatic vegetatiqn, emergent marsh 
vegetation or open water, except for artificial ponds or impoundments, during 
most of the growing season in most years; except that cranberry cultivation is 
allowed more than 250 feet from the edge of the area of aquatic vegetation, 
emergent marsh vegetation or open water. 
A project to cultivate indigenous cranberries may be located in wetlands described in 
subparagraphs (6) and (7) only if the project location is a natural cranberry bog and 
provisions of paragraph D are met. For purposes of this paragraph, "natural cranberry 
bog" means an area with indigenous large cranberries, Vaccinium macrocarpon Ait., 
comprising more than 50% of the cover in the herbaceous layer; and "cover in the 
herbaceous layer" means all herbaceous or woody vegetation less than 10 inches in 
height. 
Sec. 32. 38 MRSA §636, sub-§7,~, as amended by PL 1999, c. 401, Pt. BB, 
§ 19, is further amended to read: 
B. Whether the project will result in significant benefit or harm to fish and wildlife 
resources. In making its determination, the department shall consider other existing 
uses of the watershed and fisheries management plans adopted by the Department of 
Inland Fisheries and Wildlife, and the Department of Marine Resources and the 
Atlantic Salmon Commission;' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT .. p " 
to H.P. 1104, L.D. 1567 
SUMMARY 
This amendment does the following. 
1. It elimiriates the Atlantic Salmon Commission and the per diem reimbursement for 
commission members. The funding for the commission was eliminated in Public Law 
2009, chapter 462. 
2. 
It removes references to a person's "right" to obtain a license regarding 
suspensions for failure to pay taxes, comply with supp0l1 orders or appear in coul1 and 
replaces them with "eligibility to obtain or hold." 
3. It corrects the proposed allocation of $20 to $10 from each Class II lobster and 
crab fishing license for persons over 70 years of age to the Lobster Fund. 
4. It clarifies that it is prima facie evidence of possessing illegal scallops if a person 
licensed under the scallop laws is shucking scallops when the vessel has scallops onboard 
under the minimum size restriction. 
5. It changes the license surcharge for a hand fishing scallop license with tender from 
$40 to $100 to correct a conflict created during the First Regular Session of the 124th 
Legislature. 
6. It provides that the Commissioner of Marine Resources may not open a shellfish 
area that has been reclassified from a prohibited to a restricted classification after January 
1, 20 I 0 to depuration harvesting without the approval of the affected municipality. If a 
municipality fails to document to the commissioner within 4 weeks of the reclassification 
that it intends to take significant measures to be incorporated into its pollution abatement 
plan or if the municipality indicates it will not develop a pollution abatemerit plan, the 
commissioner may open that area to depuration harvesting without the consent of the 
municipality. A municipality must rep0l1 its pro'gress on the pollution abatement plan 
every 6 months. 
7. It authorizes a wholesale seafood license with shrimp permit holder to process 
shrimp. 
8. It makes a number of technical changes to existing statutes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
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Approved: 02/19/10 Mac::.. 
124th'MAINE LEGISLATURE 
LD 1567 
LR 2223(02) 
An Act To Correct Errors and Inconsistencies in Marine Resources Laws 
Fiscal Note for Bill as Amended by Committee Amendme~t "n" 
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Committee: Marine Resources 
Fiscal Note.Required: Yes 
Fiscal Note 
2009-10 
2010-11 
Projections 
2011-12 
Projections 
2012-13 
Revenue 
Other Special Revenue Funds 
$0 
$368 
$368 
Fiscal Detail and Notes 
This legislation makes corrections to statutes governing marine resources and results in additional Othel: Special 
Revenue Funds revenue to the Department of Marine Resources of $368 beginning in fiscal year 2010-11. 
LR2223(02) - Fiscal Note - Page 1 of 1 
$368 
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