An Act To Amend the Depuration Laws
Maine Legislature, Session 125, LD 0992
Committee: Marine Resources
Sponsors: LANGLEY, GERZOFSKY, PARRY, TILTON
Amends: 12 MRSA §6856

Legislative Document 
No. 992 
S.P. 312 
In Senate, March 10, 2011 
An Act To Amend the Depuration Laws 
Reference to the Committee on Marine Resources suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator LANGLEY of Hancock. 
Cosponsored by Senator: GERZOFSKY of Cumberland, Representatives: PARRY of Arundel, 
TILTON of Harrington. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6856, sub-§3-A, as amended by PL 2009, c. 561, §32, is 
further amended to read: 
3-A.  Municipal consultation and approval; depuration harvesting.   The 
following provisions apply within a municipality that has a municipal shellfish 
conservation committee established pursuant to section 6671.  Paragraphs A and B apply 
to shellfish growing areas that have been reclassified after before January 1, 2006 2011 
from an approved to a restricted classification for water quality as defined in rule.  
Paragraph B-1 applies to shellfish growing areas reclassified after before January 1, 2010 
2011 from a prohibited to restricted classification.  Paragraphs C and D apply to all 
growing areas that have been reclassified from an approved to a restricted classification 
or from a prohibited to a restricted classification after January 1, 2011. 
A.  Unless the commissioner obtains the approval of the affected municipality, the 
commissioner may not open an area reclassified from an approved to a restricted 
classification for depuration harvesting for 2 years from the date of the 
reclassification prior to January 1, 2013 to allow the municipality to develop a 
pollution abatement plan under subsection 3-B. 
B.   A municipality must notify the commissioner within 8 weeks of a reclassification 
from an approved to a restricted classification of an area by June 30, 2012 whether or 
not it intends to develop a pollution abatement plan that includes an area that was 
reclassified from approved to restricted classification before January 1, 2011.  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 by 
June 30, 2012, municipal approval is not required. 
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 
classification for depuration harvesting.  A municipality must document to the 
commissioner within 4 weeks of the reclassification from a prohibited to a restricted 
classification before June 30, 2012 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 notify the commissioner within the 
4-week period by June 30, 2012, municipal approval is not required.  The After 
notifying the commissioner, 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 municipality has a pollution 
abatement plan as provided in subsection 3-B on file with the commissioner or has 
notified the commissioner of its intent to develop a pollution abatement plan within 3 
months of a reclassification from an approved to a restricted classification or from a 
prohibited to a restricted classification, the commissioner must obtain the approval of 
the committee municipality before taking action to open an area within that 
municipality for depuration digging. 
D.  If a municipal shellfish conservation committee municipality has a depuration 
management plan as provided in subsection 3-C approved by the commissioner, the 
municipality may manage the depuration harvesting over a shellfish growing area 
within that municipality. 
Sec. 2.  12 MRSA §6856, sub-§7, as amended by PL 2007, c. 15, §5, is further 
amended to read: 
7.  Resident depuration harvesters.  Except for depuration activities conducted 
under subsection 3-A, paragraph D, when harvesting soft-shelled clams under a 
depuration certificate, the person holding the certificate shall employ no more than 3 
people who are not residents of that municipality as long as there are at least 15 
harvesters who are residents of that municipality available to be employed in the 
depuration harvest.  If there are not at least 15 harvesters who are residents of that 
municipality, to the extent possible, the person holding the depuration certificate shall 
employ one person who is a resident of the municipality as harvester for every person 
employed as harvester who is not a resident of that municipality. 
SUMMARY 
This bill amends the depuration laws.  It changes the date when a municipality must 
inform the Commissioner of Marine Resources whether it intends to develop a pollution 
abatement plan.  It amends the conditions that apply to when the commissioner needs to 
get approval from a municipality before the commissioner can open an area within a 
municipality for depuration digging.  It also requires that a person holding a depuration 
certificate may not employ more than 3 people who are not residents of a municipality if 
there are at least 15 harvesters who are residents of the municipality available for 
employment in the depuration harvest area.