An Act To
Maine Legislature, Session 125, LD 0992
Committee Amendment CA_A_S105 (Senate)
Amends: 12 MRSA §6856

COMMITTEE AMENDMENT " A" to S.P. 312, L.D. 992, Bill, "An Act To 
Amend the Depuration Laws" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6856, sub-§3, as amended by PL 2007, c. 15, §I, is further 
amended to read: 
3. Depuration certificate. A person may not take shellfish from closed areas for 
depuration, processing and transportation without a depuration certificate. 
The 
commissioner may issue a depuration certificate to a wholesale seafood license holder 
that authorizes the holder to take shellfish from closed areas for depuration, processing 
and transportation. The certificate must establish limits on harvesting, depurating and 
processing methods and any other provisions required to ensure the public safety. A 
depuration plant operator shall maintain a generalized management plan on file "vith the 
commissioner that sets forth a time line for harvest, harvest limits and harvester selection. 
The commissioner may permit depuration of shellfish not contaminated by paralytic 
shellfish poisoning if it is established that the water used during depuration will not 
contaminate the shellfish with paralytic shellfish poisoning. 
Sec. 2. 12 MRSA §6856, sub-§3-A, as amended by PL 2009, c. 561, §32, is 
repealed. 
Sec.3. 12 MRSA §6856, sub-§3-B, as enacted by PL 2007, c. 15, §3, is repealed. 
Sec. 4. 
MRS A §6856, sub-§3-C, as enacted by PL 2007, c. 15, §4, IS 
repealed. 
Sec. 5. 12 MRSA §6856, sub-§3-D is enacted to read: 
3-D. Soft-shelled clam depuration harvesting in municipalities with municipal 
shellfish conservation programs. 
Soft-shelled clam depuration activities conducted 
within a municipality that has a municipal shellfish conservation program pursuant to 
section 6671 are subject to the following provisions. 
Page I - 125LR1354(02)-1 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S,P. 312, L.D. 992 
A. Using the following general guidelines to identify whether pollution abatement 
activities are likely to succeed in a shellfish growing area, the commissioner may 
close a shellfish growing area for municipal pollution abatement activities. 
(1) Pollution abatement activities are likely to succeed in shellfish growing areas 
affected by identified failing residential septic systems and other identified 
localized sources of human or animal fecal contamination when funding for 
abatement is available. 
(2) Pollution abatement activities are not likely to succeed in shellfish growing 
areas affected by wastewater treatment plant outfall or other point sources of 
treated or partially treated sewage unless complete removal of pollution sources 
has been achieved. 
(3) Abatement activities are not likely to succeed in shellfish growing areas 
affected by chronic nonpoint source contamination from rivers or streams. 
At the request of the municipality, the commissioner may allow soft-shelled clam 
depuration harvesting in a shellfish growing area closed under this paragraph. 
B. 
In conducting depuration harvesting activities under this subsection, a person 
holding a depuration certificate shall engage commercial harvesters holding valid 
municipal and state commercial shellfish licenses. 
If there are insufficient 
municipally licensed commercial harvesters, the depuration certificate holder may 
supplement with other commercial shellfish harvesters licensed in the State. 
C. 
A depuration certificate holder shall maintain a generalized depuration 
management plan on file with the commissioner that sets forth methods for 
identifying harvest limits, operational procedures for harvest management and 
responsibilities of authorized representatives. 
D. A depuration certificate holder shall pay each municipality an amount equal to 
50¢ for each bushel of soft-shelled clams taken in that municipality under the 
depuration certificate. 
When submitting payment to a municipality under this 
paragraph, the depuration certificate holder shall include a summary of reports 
submitted to the department pursuant to rules adopted under subsection 4. 
Sec. 6. 12 MRSA §6856, sub-§7, as amended by PL 2007, c. 15, §5, is repealed. 
Sec. 7. 12 MRSA §6856, sub-§8, as enacted by PL 1991, c. 831, §2, is repealed.' 
SUMMARY 
This amendment does the following. 
1. 
It eliminates the requirement that municipalities with municipal shellfish 
conservation committees contact the Commissioner of Marine Resources by specific 
deadlines in regards to pollution abatement plans in reclassified shellfish growing areas. 
Instead, responsibility for municipal pollution abatement activities is given to the 
commissioner, who may close a shellfish growing area for municipal pollution abatement 
activities based on whether or not the commissioner finds pollution abatement activities 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 312, L.D. 992 
will succeed. General guidelines for identifying whether pollution abatement activities 
are likely to succeed in a shellfish growing area are included. 
2. It allows a municipality to request the commissioner to allow soft-shelled clam 
depuration harvesting in a closed area. 
3. 
It moves the requirement that a depuration certificate holder maintain a 
generalized management plan on file with the commissioner from the Maine Revised 
Statutes, Title 12, section 6856, subsection 3 to a new subsection 3-D that governs soft-
shelled clam depuration harvesting in municipalities with municipal shellfish 
conservation programs. 
4. It moves provisions governing payments to municipalities from Title 12, section 
6856, subsection 8 to a new subsection 3-D and requires the depuration certificate holder 
to include a summary of reports submitted to the Department of Marine Resources when 
submitting payment to a municipality. 
5. It eliminates the requirement in the bill that the person holding the depuration 
certificate not employ more than 3 nonresidents of the municipality in which depuration 
harvesting will take place, as long as 15 or more resident harvesters are available. It also 
eliminates language that the certificate holder employ one resident harvester for every 
nonresident harvester to the extent possible if fewer than 15 resident harvesters are 
available. It adds language that the certificate holder shall engage commercial harvesters 
holding valid municipal and state commercial shellfish licenses, and it allows the 
depuration certificate holder to supplement with other commercial shellfish harvesters 
licensed in the State if insufficient municipally licensed commercial harvesters are 
available. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05/05/11 ft/ac 
LD992 
LR 1354(02) 
An Act To Amend the Depuration Laws 
Fiscal Note for Bill as Amended by Committee Amendment "A" S .. loS 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Marine Resources associated with this legislation can be absorbed with existing 
staff and within existing budgeted resources. 
LR1354(02) - Fiscal Note - Page I of 1