An Act To Allow the Direct Sale of Shellfish to Retailers
Maine Legislature, Session 124, LD 0447
Committee Amendment CA_A_H216 (House)
Amends: 12 MRSA §6601, 12 MRSA §6602, 12 MRSA §6731, 12 MRSA §6745, 12 MRSA §6746, 12 MRSA §6852-A

COMMITTEE AMENDMENT" ft" to H.P. 335, L.D. 447, Bill, "An Act To Allow 
the Direct Sale of Shellfish to Retailers" 
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 ability of the State's retail seafood establishments to purchase shellfish 
directly from the State's shellfish harvesters will help shellfish harvesters that have been 
hard-hit by the current economic conditions; and 
Whereas, this Act needs to take effect prior to 90 days after adjournment to allow 
seafood retailers to buy directly from harvesters during this year's tourist season when 
demand is at its highest; 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. 12 MRSA §6601, sub-§2, as amended by PL 2005, c. 434, §4, is further 
amended to read: 
2. Licensed activities. The holder of a commercial shellfish license may fish for, 
take, possess or transport shellfish within the state limits or sell shellstock the holder has 
taken to a wholesale seafood license holder certified under section 6856 or an enhanced 
retail seafood license holder under section 6852-A. The holder may also sell shellstock 
the holder has taken from that license holder's home in the retail trade. This license does 
not authorize the holder to fish for or take shellfish in violation of a municipal ordinance 
adopted pursuant to section 6671. 
COMMITTEE AMENDMENT 
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COMMITfEE AMENDMENT" A" to H.P. 335, L.D. 447 
Sec. 2. 12 MRSA §6602, sub-§2, as enacted by PL 2007, c. 54, §2, is amended to 
read: 
2. Licensed activity. A surf clam boat license issued under this section may be used 
for harvesting surf clams. The holder of a surf clam boat license may also possess or 
transport surf clams within state limits or sell surf clams the holder has taken to a 
wholesale seafood license holder certified under section 6856 or an enhanced retail 
seafood license holder under section 6852-A. The license also authorizes the captain and 
crew members aboard the licensed boat when engaged in harvesting surf clams to 
undertake these activities. 
Sec. 3. 12 MRSA §6731, sub-§2, '1fC, as amended by PL 2005, c. 434, §7, is 
further amended to read: 
C. Sell mahogany quahogs that the holder has taken to a wholesale seafood license 
holder certified under section 6856 or an enhanced retail seafood license holder under 
section 6852-A. 
Sec. 4. 12 MRSA §6745, sub-§2, as amended by PL 2005, c. 434, §9, is further 
amended to read: 
2. Licensed activity. The holder of a hand-raking mussel license may take mussels 
by hand raking or possess or transport mussels within the state limits or sell mussels the 
holder has taken to a wholesale seafood license holder certified under section 6856 or an 
enhanced retail seafood license holder under section 6852-A. 
Sec. 5. 12 MRSA §6746, sub-§2, as amended by PL 2007, c. 494, §3, is further 
amended to read: 
2. Licensed activity. A boat license under this section may be used for dragging for 
mussels. The holder of a mussel boat license may also possess or transport mussels 
within the state limits or sell mussels the holder has taken to a wholesale seafood license 
holder certified under section 6856 or an enhanced retail seafood license holder under 
section 6852-A. The license also authorizes the captain and crew members aboard the 
licensed boat when engaged in dragging for mussels to undertake these activities. A 
mussel boat license does not authorize the holder to fish for or take mussels in violation 
of a municipal ordinance adopted pursuant to section 6671. 
Sec. 6. 12 MRSA §6852-A is enacted to read: 
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§6852-A. Enhanced retail seafood license 
1. Licensed required. A person may not engage in the activities authorized under 
this section without a current enhanced retail seafood license or other license issued under 
this Part authorizing the activities. 
2. Licensed activity. The holder of an enhanced retail seafood license may, in retail 
trade within the state limits, buy, sell, transport, ship or serve shellstock bought from a 
commercial shellfish license holder licensed under section 6601, a surf clam boat license 
holder licensed under section 6602, a mahogany quahog license holder licensed under 
section 6731, a hand-raking mussel license holder licensed under section 6745 and a 
mussel boat license holder licensed under section 6746. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to H.P, 335, L.D. 447 
3. License limited. An enhanced retail seafood license authorizes the activities 
under subsection 2 at only one establishment or with only one vehicle. 
4. Fee. The annual fee for an enhanced retail seafood license is $150. Forty-four 
dollars of the license fee is dedicated to the Shellfish Fund under section 6651. 
5. Violation. A person who violates this section commits a civil violation for which 
a fine of not less than $100 or more than $500 may be adjudged. 
6. Rules. Rules adopted by the commissioner pursuant to section 6852, subsection 6 
are applicable to this section. 
Sec. 7. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Bureau of Resource Management 0027 
Initiative: Provides an allocation of funds from revenues related to the newly created 
enhanced retail seafood license. 
OTHER SPECIAL REVENUE 
FUNDS 
All Other 
2008-09 
$396 
$396 
2009-10 
2010-11 
$4,752 
$4,752 
$4,752 
$4,752 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
SUMMARY 
This amendment replaces the bill and creates an enhanced retail seafood license that 
allows a holder to purchase mussels, clams, quahogs and oysters directly from the 
harvester. It also dedicates the revenue raised by this new license to the Department of 
Marine Resources to be used for annual inspections of license holders. It also adds an 
appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/29/09 .1b?ac:.. 
LD447 
LR 776(02) 
An Act To Allow the Direct Sale of Shellfish to Retailers 
Fiscal Note for Bill as Amended by Committee Amendment ,~" 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
2008-09 
2009-10 
2010-11 
Projections 
2011-12 
Appropriations/Allocations 
Other Special Revenue Funds 
$396 
$4,752 
$4,752 
$4,752 
Revenue 
Other Special Revenue Funds 
$396 
$4,752 
$4,752 
$4,752 
Fiscal Detail and Notes 
Projections 
2012-13 
$4,752 
$4,752 
This bill creates the enhanced retail seafood license that allows the holder to purchase mussels, clams, quahogs and 
oysters directly from the harvester. Assuming that 10% of the holders of a retail seafood license will switch to this 
new license, Other Special Revenue Funds within the Department of Marine Resources, Shellfish Fund, will increase 
by $396 in fiscal year 2008-09 and $4,752 beginning in fiscal year 2009-10. 
LR0776(02) - Fiscal Note - Page 1 of 1 
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