An Act To M~ke Technical Changes to Maine's Madre Resources Laws
Maine Legislature, Session 125, LD 1722
Committee Amendment CA_A_S466 (Senate)
Amends: 12 MRSA §6080, 12 MRSA §60, 12 MRSA §6301, 12 MRSA §6302-A, 12 MRSA §6371, 12 MRSA §6372, 12 MRSA §6602, 12 MRSA §6651, 12 MRSA §6702, 12 MRSA §6731, 12 MRSA §6745, 12 MRSA §6746, 12 MRSA §6748, 12 MRSA §6852, 12 MRSA §6852-A, 12 MRSA §6852-B

COMMITTEE AMENDMeNT" A " to S.P. 587, L.D. 1722, Bill, "An Act To M~ke 
Technical Changes to Maine's Madre Resources Laws" 
Amend the bill by inserting after the title and before the enacting clause 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, this legislation provides an exemption for the Aroostook Band of 
Micmacs for commercial marine resource harvesting licenses; and 
Whereas, because the commercial marine resource harvesting seasons are currently 
open or soon to open, it is essential that this exemption take effect immediately; 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,' 
Amend the bill by inserting after the enacting clause and before section 1 the 
following: 
'Sec. 1. 5 MRS A §12004-I, sub-§57-C, as repealed by PL 2011, c. 344, §10, is 
reenacted to read: 
57-C. 
Marine Resources Aquaculture 
Advisory Council 
Not Authorized 
MRSA §6080 
Amend the bill by striking out all of section 6 (page 1, lines 28 and 29 in L.D.) and 
inserting the following: 
'Sec. 6. 12 MRS A §6072-D, sub-§5, as enacted by PL 2003, c. 660, Pt. A, §16, is 
amended to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
5. Reports. On or before February 1st of each year, the The commissioner shall 
report annually to the joint standing committee of the Legislature having jurisdiction over 
marine resources matters Aquaculture Advisory Council under section 6080 on all 
expenditures made from the fund in the previous fiscal year and a summary of work 
accomplished and planned.' 
Amend the bill by inserting after section 7 the following: 
'Sec. S. 12 MRSA §60S0, as repealed by PL 2011, c. 344, §19, is reenacted to 
read: 
§6080. Aquaculture Advisory Council 
1. Appointment; composition. The Aquaculture Advisory Council, referred to in 
this section as the "council" and established by Title 5, section 12004-1, subsection 57-C, 
consists of 5 members. The commissioner or the commissioner's designee is a nonvoting, 
ex officio member of the council. The commissioner shall appoint 4 members from the 
State's aquaculture industry. No more than 2 of the appointed members may represent 
similar segments of the State's aquaculture industry. 
2. Term. Council members serve for 3 years and continue serving until a successor 
is duly appointed and qualified. 
In the case of a vacancy, the commissioner shall 
promptly fill the vacancy. 
3. 
Purpose. 
The council shall make recommendations to the commissioner 
concerning expenditures from the Aquaculture Management Fund for the purposes 
described under section 6072-0 and concerning other matters of interest to the 
aquaculture industry. 
4. Chair and officers. The council annually shall choose one of its members to 
serve as chair for a one-year term. The council may select other officers and designate 
their duties. 
5. Meetings. The council shall meet at least once each year. It may also meet at 
other times at the call of the chair or the chair's designee or the commissioner or the 
commissioner's designee. The council may conduct a meeting by means of a conference 
call linking 2 or more members of the council.' 
Amend the bill by striking out all of section 14 (page 5, lines 8 to 30 in L.O.) and 
inserting the following: 
'Sec. 14. 12 MRSA §6301, sub-§2, ,S, as enacted by PL 2009, c. 561, §9, is 
amended to read: 
S. An enhanced retail seafood license certificate issued under section 6852 l'~ 6852, 
subsection 2-A expires on March 31 st of each year; 
Sec. 15. 12 MRSA §6302-A, as amended by PL 2011, c. 266, Pt. A, §2, is further 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
§6302-A. 
Taking of marine organisms by Passamaquoddy tribal members, 
members of the Penobscot Nation and members of the Aroostook Band of 
Micmacs 
1. 
Tribal exemption; commercial harvesting licenses. 
A member of the 
Passamaquoddy Tribe aT, Penobscot Nation or Aroostook Band of Micmacs who is a 
resident of the State is not required to hold a state license or permit issued under section 
6421,6501, 6502-A, 6505-A, 6505-C, 6535, 6601, 6602, 6701, 6702, 6703, 6731, 6745, 
6746, 6748, 6748-A, 6748-D, 6751, 6803 aT, 6804 or 6808 to conduct activities 
authorized under the state license or permit if that member holds a valid license issued by 
the tribe aT, nation or band or the agent of the band to conduct the activities authorized 
under the state license or permit. A member of the Passamaquoddy Tribe aT, Penobscot 
Nation or Aroostook Band of Micmacs issued a tribal license pursuant to this subsection 
to conduct activities is subject to all laws and rules applicable to a person who holds a 
state license or permit to conduct those activities and to all the provisions of chapter 625, 
except that the member of the tribe aT, nation or band: 
A. May utilize lobster traps tagged with trap tags issued by the tribe aT, nation or 
band or the agent of the band in a manner consistent with trap tags issued pursuant to 
section 6431-B. A member of the tribe aT, nation or band is not required to pay trap 
tag fees under section 6431-B if the tribe aT, nation or band or the agent of the band 
issues that member trap tags; 
B. May utilize elver fishing gear tagged with elver gear tags issued by the tribe aT, 
nation or band or the agent of the band in a manner consistent with tags issued 
pursuant to section 6505-B. A member of the tribe aT, nation or band is not required 
to pay elver fishing gear fees under section 6505-B if the tribe aT, nation or band or 
the agent of the band issues that member elver fishing gear tags; and 
C. Is not required to hold a state shellfish license issued under section 6601 to obtain 
a municipal shellfish license pursuant to section 6671. 
2. Tribal exemption; sustenance or ceremonial tribal use. Notwithstanding any 
other provision of law, a member of the Passamaquoddy Tribe aT, Penobscot Nation or 
Aroostook Band of Micmacs who is a resident of the State may at any time take, possess, 
transport and distribute: 
A. Any marine organism, except lobster, for sustenance use if the tribal member 
holds a valid sustenance fishing license issued by the tribe aT, nation or band or the 
agent of the band. A sustenance fishing license holder who fishes for sea urchins 
may not harvest sea urchins out of season; 
B. Lobsters for sustenance use, if the tribal member holds a valid sustenance lobster 
license issued by the tribe aT, nation or band or the agent of the band. The sustenance 
lobster license holder's traps must be tagged with sustenance use trap tags issued by 
the tribe aT, nation or band or the agent of the band in a manner consistent with trap 
tags issued pursuant to section 6431-B; however, a sustenance lobster license holder 
may not harvest lobsters for sustenance use with more than 25 traps; and 
C. Any marine organism for noncommercial use in a tribal ceremony within the 
State, if the member holds a valid ceremonial tribal permit issued to the tribal 
member by the Joint Tribal Council of the Passamaquoddy Tribe or the governor and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
council at either Passamaquoddy reservation 6f~ by the Penobscot Reservation Tribal 
Council or by the Aroostook Band of Micmacs Tribal Council or its agent. 
For purposes of this subsection, "sustenance use" means all noncommercial consumption 
or noncommercial use by any person within the Passamaquoddy reservation at Pleasant 
Point or Indian Township, the Indian territory, as defined in Title 30, section 6205, 
subsection I, Penobscot Indian Reservation territory, as defined in Title 30, section 6205, 
subsection 2, or Aroostook Band Trust Land, as defined in Title 30, section 7202, 
subsection 2, or at any location within the State by a tribal member, by a tribal member's 
immediate family or within a tribal member's household. The tenn "sustenance use" does 
not include the sale of marine organisms. A member of the Passamaquoddy Triee or 
Penobseot Nation vlho takes a marine organism under a Heense or permit issued pursuant 
to this subseetion IlRlst eornply with all lavis and rules applieable to a person who holds a 
state Heense or permit that authori!i3es the taking of that organism, eJceept that a state law 
or rule that sets a season for the harvesting of a marine organism does not apply to a 
member of the Passamaquoddy Tribe or Penobseot Nation 'uho takes a marine organism 
for sustenanee use or for noneommereial use in a tribal eeremony. A member of the 
Passamaquoddy Tribe or Penobseot Nation issued a lieense or permit under this 
subseetion is exempt from paying elver gear fees under seetion 6505 B or trap tag fees 
under seetion 6431 B and is not required to hold a state shellfish lieense issued under 
seetion 6601 to obtain a munieipal shellfish lieense pursuant to seetion 6671. A member 
of the Passamaquoddy Tribe or Penobseot Nation '.vho fishes for or takes lobster Uflder a 
lieense or permit issued pursuant to this subseetion must eomply with the dosed periods 
under seetion 6440. 
A member of the Passamaquoddy Tribe, Penobscot Nation or Aroostook Band of 
Micmacs who takes a marine organism under a license or pennit issued pursuant to this 
subsection must comply with all laws and rules applicable to a person who holds a state 
license or permit that authorizes the taking of that organism, except that a state law or 
rule that sets a season for the harvesting of a marine organism does not apply to a 
member of the Passamaquoddy Tribe, Penobscot Nation or Aroostook Band of Micmacs 
who takes a marine organism for sustenance use or for noncommercial use in a tribal 
ceremony. A member of the Passamaquoddy Tribe, Penobscot Nation or Aroostook 
Band of Micmacs issued a license or permit under this subsection is exempt from paying 
elver gear fees under section 6505-B or trap tag fees under section 6431-B and is not 
required to hold a state shellfish license issued under section 660 1 to obtain a municipal 
shellfish license pursuant to section 6671. A member of the Passamaquoddy Tribe, 
Penobscot Nation or Aroostook Band of Micmacs who fishes for or takes lobster under a 
license or permit issued pursuant to this subsection must comply with the closed periods 
under section 6440. 
3. 
Lobster, sea urchin, scallop and elver licenses; limitations. 
Pursuant to 
subsection l: 
A. The Passamaquoddy Tribe and Penobscot Nation may each issue to members of 
its tribe or nation, as the case may be, up to 24 commercial lobster and crab fishing 
licenses in any calendar year, including all licenses equivalent to Class I, Class II or 
Class III licenses and student licenses, but not including apprentice licenses. 
Licenses issued under this paragraph are subject to the eligibility requirements of 
section 6421, subsection 5; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
A-I. The Aroostook Band of Micmacs or its agent may issue to members of the band 
up to 10 commercial lobster and crab fishing licenses in any calendar year, including 
all licenses equivalent to Class I, Class II or Class III licenses and student licenses, 
but not including apprentice licenses. 
Licenses issued under this paragraph are 
subject to the eligibility requirements of section 6421, subsection 5; 
B. The Passamaquoddy Tribe may not issue to members of the tribe more than 24 
commercial licenses for the taking of sea urchins in any calendar year. Sea urchin 
licenses must be issued by zone in accordance with section 6749-P; 
C. The commissioner shall adopt rules authorizing the Penobscot Nation to issue to 
members of the nation commercial sea urchin licenses if the commissioner 
determines that sea urchin resources are sufficient to permit the issuance of new 
licenses. The commissioner may not authorize the Penobscot Nation to issue more 
than 24 commercial sea urchin licenses to members of the nation in any calendar 
year; 
C-1. 
The commissioner shall adopt rules authorizing the Aroostook Band of 
Micmacs or its agent to issue to members of the band commercial sea urchin licenses 
if the commissioner determines that sea urchin resources are sufficient to permit the 
issuance of new licenses. The commissioner may not authorize the Aroostook Band 
of Micmacs or its agent to issue more than 24 commercial sea urchin licenses to 
members of the band in any calendar year; 
O. The Penobscot Nation may not issue to members of the nation more than 20 
commercial licenses for the taking of scallops in any calendar year, except that the 
commissioner shall by rule allow the Penobscot Nation to issue additional 
commercial licenses to members of the nation for the taking of scallops if the 
commissioner determines that scallop resources are sufficient to permit the issuance 
of new licenses; aRtl 
0-1. The Aroostook Band of Micmacs or its agent may not issue to members of the 
band more than 10 commercial licenses for the taking of scallops in any calendar 
year, except that the commissioner shall by rule allow the Aroostook Band of 
Micmacs or its agent to issue additional commercial licenses to members of the band 
for the taking of scallops if the commissioner determines that scallop resources are 
sufficient to permit the issuance of new licenses; 
E. 
The Penobscot Nation may not issue to members of the nation more than 8 
commercial licenses for the taking of elvers in any calendar year, except that the 
commissioner shall by rule allow the Penobscot Nation to issue additional 
commercial licenses to members of the nation Jor the taking of elvers if the 
commissioner determines that elver resources are sufficient to permit the issuance of 
new licenses.,.; and 
F. The Aroostook Band of Micmacs or its agent may not issue to members of the 
band more than 8 commercial licenses for the taking of elvers in any calendar year, 
except that the commissioner shall by rule allow the Aroostook Band of Micmacs or 
its agent to issue additional commercial licenses for the taking of elvers to members 
of the band if the commissioner determines that elver resources are sufficient to 
permit the issuance of new licenses. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
The Passamaquoddy Tribe, Penobscot Nation, Aroostook Band of Micmacs and 
Department of Marine Resources shall report on the status of the sea urchin, scallop and 
elver fisheries to the joint standing committee of the Legislature having jurisdiction over 
marine resources matters by January 15th of each even-numbered year. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
4. Sea urchin and scallop handfishing and tender licenses; limitations. The 
Passamaquoddy Tribe 6f~ Penobscot Nation or Aroostook Band of Micmacs or its agent 
may not issue a license or permit pursuant to subsection 1 or 2: 
A. For the harvesting of sea urchins or scallops by hand unless the license or permit 
applicant meets the diver competency requirements of section 6531; and 
B. For the tending of a person who fishes for or takes scallops or sea urchins by 
diving unless the applicant meets the safety training requirements of section 6533. 
5. 
Notification. 
Subsections 1 and 2 do not apply to a member of the 
Passamaquoddy Tribe 6f~ Penobscot Nation or Aroostook Band of Micmacs unless a 
copy of that member's tribal license or permit is filed with the commissioner by the tribal 
licensing agency or its agent or a tribal official in accordance with section 6027. 
6. License suspension. If a member of the Passamaquoddy Tribe 6f~ Penobscot 
Nation or Aroostook Band of Micmacs issued a license or permit under this section is 
convicted or adjudicated of a violation for which a license suspension is mandatory under 
chapter 617, the commissioner shall suspend that member's license or permit for the 
specified period. If a member of the Passamaquoddy Tribe 6f~ Penobscot Nation or 
Aroostook Band of Micmacs issued a license or permit under this section is convicted or 
adjudicated of a violation for which the commissioner may suspend a license, the 
commissioner may suspend that member's license or permit in accordance with chapter 
617. 
7. Enforcement. A violation of a marine resources law or rule by a member of the 
Passamaquoddy Tribe 6f~ Penobscot Nation or Aroostook Band of Micmacs who is 
issued a license or permit pursuant to this section must be enforced pursuant to chapter 
609. A member of the Passamaquoddy Tribe 6f~ Penobscot Nation or Aroostook Band of 
Micmacs who is issued a license or permit pursuant to this section must possess and 
exhibit that license or permit in accordance with section 6305 and must comply with the 
provisions of section 6306 regarding inspections and searches by marine patrol officers 
for violations related to licensed or permitted activities. 
8. Resident of the State defined. For the purposes of this section, "resident of the 
State" means a member of the Passamaquoddy Tribe 6f~ Penobscot Nation or Aroostook 
Band of Micmacs who is eligible to obtain a state resident license under section 6301, 
subsection 1. 
9. Political subdivision. Nothing in this section may be construed to indicate that 
the Passamaquoddy Tribe 6f~ the Penobscot Nation or the Aroostook Band of Micmacs is 
a political subdivision of the State. 
10. Agent. For purposes of this section, an agent of the Aroostook Band of Micmacs 
is any entity authorized by the Aroostook Band of Micmacs Tribal Council to act on its 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
behalf under this section. The Aroostook Band of Micmacs Tribal Council shall certify 
to the department any agent it has designated to act on its behalf under this section. 
Sec. 16. 12 MRSA §6371, sub-§2, as amended by PL 2011, c. 311, § 1, is further 
amended to read: 
2. 
Suspension for refusal to allow a shellfish inspection by a department 
shellfish inspector. Refusal to allow a shellfish inspection under section 6g52 A or 6856 
is grounds for suspension of any licenses or certificates issued under marine resources 
laws. In order to suspend a license or certificate under this subsection, the commissioner 
shall follow the procedures of section 6372. 
Sec. 17. 12 MRSA §6372, first" as amended by PL 2011, c. 311, §2, is further 
amended to read: 
Notwithstanding the Maine Administrative Procedure Act, the procedure for 
suspending a license for refusal to allow inspection or seizure under section 6306 or 
refusal to allow inspection under section 6g52 A 6852, subsection 2-A or section 6856 is 
as follows.' 
Amend the bill by inserting after section 20 the following: 
'Sec. 21. 12 MRS A §6601, sub-§2, as amended by PL 2009, c. 217, § 1, 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 shell stock the holder has 
taken to a wholesale seafood license holder certified under section 6856 or an enhanced 
retail seafood license certificate holder under section 6g52 A 6852, subsection 2-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. 
Sec.22. 12 MRSA §6602, sub-§2, as amended by PL 2009, c. 217, §2, is further 
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 lieense certificate holder under section 6g52 A 6852, subsection 2-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. 23. 12 MRSA §6651, sub-§I, "F and G, as enacted by PL 2009, c. 213, 
Pt. G, §16, are amended to read: 
F. Two hundred fifty dollars and twenty-five cents from a wholesale seafood license; 
aI:ld 
G. Forty-eight dollars and seventy-five cents from a wholesale seafood supplemental 
license7; and 
Sec. 24. 12 MRSA §6651, sub-§I, ,n is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" Au to S.P. 587, L.D. 1722 
H. Twenty-eight dollars from an enhanced retail certificate.' 
Amend the bill by inserting after section 21 the following: 
'Sec. 22. 12 MRSA §6702, sub-§§1 and 2, as amended by PL 2007, c. 607, Pt. 
A, §2, are further amended to read: 
1. License required. A person may not use a boat for dragging for scallops in the 
State's territorial waters unless that person holds a scallop dragging license issued by the 
commissioner and that boat is identified on the license. 
2. 
Licensed activity. 
A person licensed under this section may use the boat 
identified on the license to drag for scallops in the State's territorial waters and possess, 
ship, sell or transport shucked scallops taken under the license. 
The license also 
authorizes the captain and crew members aboard the boat identified on the license when 
engaged in dragging for scallops to undertake these activities, except that the captain and 
crew members may not fish for or take scallops if the license holder is not aboard that 
boat except as provided in subsection 2-A. 
Sec. 23. 12 MRSA §6731, sub-§2, ~C, as amended by PL 2009, c. 217, §3, 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 certificate 
holder under section 6852 Pc 6852, subsection 2-A.' 
Amend the bill by inserting after section 22 the following: 
'Sec. 23. 12 MRSA §6745, sub-§2, as amended byPL 2009, c. 217, §4, 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 certificate holder under section 6852 A 6852, subsection 
2-A. 
Sec.24. 12 MRSA §6746, sub-§2, as amended by PL 2009, c. 217, §5, 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 certificate holder 
under section 6852 A 6852, subsection 2-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. 25. 12 MRSA §6748, suh-§4, as repealed and replaced by PL 2009, c. 561, 
§28, is amended to read: 
4. Zone 2 fee. Fees for Zone 2 handfishing sea urchin licenses are: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" p. .. , to S.P. 587, L.D. 1722 
A. For an individual handfishing sea urchin license, $152; and 
B. For a handfishing sea urchin license with tender, $202. 
Sec. 26. 12 MRSA §6748, sub-§4-B is enacted to read: 
4-B. Zone 1 fee. Fees for Zone 1 handfishing sea urchin licenses are, if the Zone 1 
season is not longer than 10 days: 
A. For an individual handfishing sea urchin license, $25; and 
B. For a handfishing sea urchin license with tender, $50. 
If the Zone 1 season is longer than 10 days, the department may by rule increase the 
individual handfishing sea urchin license fee and handfishing sea urchin license with 
tender fee to an amount no higher than the amount specified in subsection 4. 
Rules 
adopted under this paragraph are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
Sec. 27. 12 MRS A §6748-A, sub-§4, as amended by PL 2009, c. 213, Pt. G, §24, 
is further amended to read: 
4. Zone 2 fee. The fee for a Zone 2 sea urchin dragging license is $152. 
Sec. 28. 12 MRS A §6748-A, sub-§4-B is enacted to read: 
4-B. Zone 1 fee. The fee for a Zone 1 sea urchin dragging license is $25 per year 
when the season is no longer than 10 days. If the Zone 1 season is longer than 10 days, 
the department may by rule increase the sea urchin dragging license fee to an amount no 
higher than the amount specified in subsection 4. Rules adopted under this subsection are 
routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by inserting after section 26 the following: 
'Sec. 27. 12 MRSA §6852, as amended by PL 2009, c. 478, §3 and c. 523, §§10 
and 11, is further amended to read: 
§6852. Retail seafood license 
1. License required. A person may not engage in the activities authorized under 
this section without a retail seafood license or other license issued under this Part 
authorizing the activities. 
2. License activity. The holder of a retail seafood license may, in the retail trade 
vlithin the state limits, buy, sell, transport, ship or serve: 
A. Shellstock and shucked shellfish if they are bought from a wholesale seafood 
license holder certified under section 6856; 
C. Lobster parts or meat, if they are permitted under section 6857, purchased from a 
wholesale seafood license holder vlho possesses a lobster processor license under 
section 6851 B or have been IM'IfuIly imported; 
D. Crayfish; or 
E. Lobsters. 
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COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
A holder of a retail seafood license when buying directly from a harvester may buy only 
from a harvester who possesses the license or permit for that species as required under 
this Part. The harvester shall make the applicable marine resources license or permit 
available for inspection upon the retail seafood license holder's request. 
2-A. Enhanced retail certificate authorized. The holder of a retail seafood license 
may obtain an enhanced retail certificate from the department. 
The holder of an 
enhanced retail certificate may, in the retail trade within the state limits, buy, sell, 
transport, ship or serve: 
A. 
Shellstock bought from a commercial shellfish license holder licensed under 
section 6601; 
B. Shellstock bought from a surf clam boat license holder licensed under section 
6602; 
C. Shellstock bought from a mahogany quahog license holder licensed under section 
6731; or 
D. 
Shellstock bought from a hand-raking mussel license holder licensed under 
section 6745 or a mussel boat license holder licensed under section 6746. 
For the purposes of inspection or collection of samples, the commissioner or the 
commissioner's agent may access an establishment or part thereof or vehicle in which 
activities authorized under this certificate are conducted by a person holding a retail 
seafood license. Denial of access is grounds for suspension or revocation of a retail 
seafood license under the provisions of section 6372. 
3. License limited. A license authorizes these activities pursuant to subsection 2 at 
only one establishment or with only one vehicle. 
A. Retail sale of eertain seafood pFoduets. Nohvithstanding any provision of 
law to the oontrary, a lioense or oertifioate is not required for a person to sell at retail: 
A. Shuoked shellfish, if the shucked shellfish is purohased from a vlholesale seafood 
license holder oertified under section 6856; or 
B. Lobster parts or meat, if they are purchased from a 'Nholesale seafood lioense 
holder 'Nho possesses a lobster processor lioense under seotion 6851 B or if they have 
been lawfully imported. 
3-B. 
Certificate limited. 
An enhanced retail certificate authorizes activities 
pursuant to subsection 2-A at only one establishment. 
4. Fee. The fee for a retail seafood license under subsection 1 is $122. The fee for 
an enhanced retail certificate under subsection 2-A is $28 and must be deposited in the 
Shellfish Fund under section 6651. 
5. Violation. A person who violates this section commits a civil violation for which 
a forfeiture of not less than $100 nor more than $500 may be adjudged. 
6. Rules. The commissioner may adopt or amend rules that establish requirements 
for retail seafood license holders and enhanced retail certificate holders concerning: 
A. The minimum sanitation standards for establishments and vehicles; 
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B. The sanitation and quality control standards for shellfish and whole scallops and 
their products; 
C. 
The methods for handling, shipping and transporting of shellfish and whole 
scallops; 
D. The records and reports of purchases, shipping and transporting of shellfish and 
whole scallops; 
E. The labeling or marking of shipments of shellfish and wholesale scallops; and 
F. The protection of public health. 
Rules adopted pursuant to this subsection must be based on the particular operational 
requirements of each activity, the most recently adopted federal sanitation standards and 
the most recent generally accepted research data and must be designed to protect the 
public health and safety while allowing reasonable use of shenfish and whole scallops. 
Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A. 
Sec.28. 12 MRSA §6852-A, as amended by PL 2011, c. 311, §5, is repealed. 
Sec. 29. 12 MRSA §6852-B is enacted to read: 
§6852-B. Retail sale of certain seafood products 
Notwithstanding any provision of law to the contrary, a license or certificate is not 
required for a person to sell at retail: 
1. Shucked shellfish. Shucked shellfish, if the shucked shellfish is purchased from a 
wholesale seafood license holder certified under section 6856; or 
2. Lobster parts or meat. Lobster parts or meat, if they are purchased from a 
wholesale seafood license holder with a lobster permit, from the holder of a lobster 
processor license or from an individual permitted under section 6857 or if they have been 
lawfully imported.' 
Amend the bill by inserting after section 28 the following: 
'Sec. 29. Rules. 
Notwithstanding any provision of law to the contrary, rules 
adopted by the Department of Marine Resources pertaining to enhanced retail seafood 
license holders apply to enhanced retail certificate holders under the Maine Revised 
Statutes, Title 12, section 6852, subsection 2-A pending adoption by the department of 
revised rules in accordance with this Act. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds an emergency preamble and emergency clause and makes the 
following changes to the bill. 
COMMITTEE AMENDMENT 
C. 
COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
1. It reenacts the Aquaculture Advisory Council. 
2. Instead of eliminating the Department of Marine Resources' requirement to report 
on the Aquaculture Advisory Fund by February 1st of each year to the joint standing 
committee of the Legislature having jurisdiction over marine resources matters, it 
requires the department to report annually to the Aquaculture Advisory Council. 
3. It adds the Aroostook Band of Micmacs under the tribal exemption for certain 
commercial harvesting licenses and allows the band or an agent of the band to issue those 
licenses. 
4. It specifies that the Aroostook Band of Micmacs or the agent of the band may 
issue up to 10 commercial lobster and crab fishing licenses, 10 commercial scallop 
licenses and 8 commercial elver licenses in any calendar year to members of the band. 
5. It requires the commissioner to adopt rules authorizing the Aroostook Band of 
Micmacs or its agent to issue commercial sea urchin licenses if the commissioner 
determines that the sea urchin resources are sufficient to permit the issuance of new 
licenses. 
6. It adds the Aroostook Band of Micmacs under the tribal exemption of sustenance 
or ceremonial tribal use. 
7. It expands the area where sustenance use is allowed to include the Passamaquoddy 
Indian territory, Penobscot Indian territory and Aroostook Band Trust Land, instead of 
only Passamaquoddy Tribe and Penobscot Nation reservation land. 
8. It allows the Aroostook Band of Micmacs to have an agent to act on its behalf if 
the Aroostook Band of Micmacs Tribal Council certifies the agent with the Department 
of Marine Resources. 
9. It clarifies that a person may not use a boat for dragging scallops in the State's 
territorial waters unless that person holds a scallop dragging license. This continues to 
allow those with federal scallop licenses who fish in federal waters to land scallops in the 
State if they have a wholesale dealer's license. 
10. It decreases the license fee for a Zone 1 individual handfishing sea urchin license 
from $152 to $25 and a handfishing sea urchin license with tender from $202 to $50 due 
to a short season in Zone 1. The fees remain in effect as long as the sea urchin season in 
Zone 1 is 10 days or less, after which the Department of Marine Resources may increase 
fees to an amount no higher than fees in Zone 2. 
11. It repeals the enhanced retail seafood license and creates an enhanced retail 
certificate. A person must have a retail seafood license to obtain an enhanced retail 
certificate. 
A certificate authorizes the holder to buy, sell, transport, ship or serve 
shellstock bought from a commercial shellfish license holder, a surf clam boat license 
holder, a mahogany quahog license holder or a hand-raking mussel license holder or 
mussel boat license holder in the retail trade within state limits. A certificate authorizes 
activities at only one establishment. The fee for an enhanced retail certificate is $28 and 
is deposited in the Shellfish Fund. 
12. It removes "within state limits" from licensed activities under the retail seafood 
license in order to allow license holders to buy, sell, transport, ship or serve shellstock 
COMMITTEE AMENDMENT 
\ 
COMMITTEE AMENDMENT" A" to S.P. 587, L.D. 1722 
purchased from a wholesale seafood license holder, crayfish or lobsters in the retail trade 
within or outside of the State. It eliminates shucked shellfish and lobster parts or meat 
from what can be bought, sold, transported, shipped or served under this license. 
13. It applies rules currently in effect pertaining to enhanced retail seafood license 
holders to enhanced retail certificate holders until the Department of Marine Resources 
updates its rules. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
( 
Approved: 03120112 
;J!;?ac 
LD 1722 
LR 2427(02) 
An Act To Make Technical Changes to Maine's Marine Resources Laws 
'?iscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment" A" 6 -4 ~~ 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor revenue decrease - General Fund 
Minor revenue decrease - Other Special Revenue Funds 
Minor savings - General Fund 
This legislation adds the Aroostook Band of Micmacs to the tribal exemption for certain commercial harvesting 
licenses and allows the band to issue those licenses, reduces the Zone 1 sea urchin license fees when the season is no 
longer than 10 days, repeals the enhanced retail seafood license and establishes the enhanced retail certificate. These 
changes will result in minor decreases in both General Fund and Other Special Revenue Funds revenue not requiring 
any change to the budget. 
The legislation also eliminates a number of the Department of Marine Resources' reports to the legislature resulting in 
minor General Fund savings in personnel time not requiring any change to the budget. 
LR2427(02) - Fiscal Note - Page I of 1