An Act To Allow Municipalities with Shellfish Conservation Ordinances To Request Permission To Prohibit Marine Worm Harvesting
Maine Legislature, Session 126, LD 1452
Committee Amendment CA_A_S434 (Senate)
Amends: 12 MRSA §6671

COMMITTEE AMENDMENT" ,4" to S.P. 536, L.D. 1452, Bill, "An Act To 
Allow Municipalities with Shellfish Conservation Ordinances To Request Permission To 
Prohibit Marine Worm Harvesting" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Protect Areas in Which Shellfish Conservation Gear Has Been Placed 
for Predator Control and Habitat Enhancement Purposes and Establish a Municipal 
Predator Control Pilot Program' 
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 soft shell clam and marine worm industries are vital to Maine's coastal 
economy; and 
Whereas, cooperation of the soft shell clam and marine worm industries and other 
interested parties is needed to develop predator control strategies to mitigate the effects of 
green crabs; and 
Whereas, the soft shell clam and marine worm industries have an economic interest 
in properly managing the intertidal zone in a way that does not disadvantage either user 
group; and 
Whereas, green crabs are thought to exert adverse impact on juvenile soft shell 
clams and the intertidal zone and research is needed to understand and respond to the 
effects of green crabs on the intertidal zone; and 
Whereas, green crabs are invasive and are causing immediate damage; 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 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" An to S.P. 536, L.D. 1452 
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 §6671, sub-§§10-B and 10-C are enacted to read: 
lO-B. 
Molesting municipal shellfish gear placed in protected areas. 
A 
municipality may, as part of a municipal shellfish conservation program, place protective 
netting, fencing, traps or other gear in the intertidal zone to provide protection from 
shellfish predators. Any netting, fencing, traps or other gear placed for this purpose must 
be clearly marked with signs or tags that identify the municipality that placed the gear 
and indicate the purpose of the gear. 
A. A person may not tamper with, molest, disturb, alter, destroy or in any manner 
handle gear placed by a municipality in accordance with this subsection. 
B. A person who violates paragraph A commits a civil violation for which a fine of 
not less than $300 and not more than $1.000 may be adjudged. 
to-C. Prohibition. A person may not fish for or take any marine organism from 
within a predator control project area that has been approved by the commissioner as part 
of a municipal predator control project, except that the municipality may remove green 
crabs from within the predator control project area. 
A person who violates this 
subsection commits a civil violation for which a fine of not less than $300 and not more 
than $1,000 may be adjudged. 
This subsection is repealed February 28,2015. 
Sec. 2. Municipal predator control pilot project. 
1. Pilot project authorized. The Commissioner of Marine Resources, referred to in 
this section as "the commissioner," may solicit proposals from municipalities with 
shellfish conservation ordinances approved pursuant to the Maine Revised Statutes, Title 
12, section 6671, subsection 4-B to conduct a pilot project for the purpose of determining 
the effectiveness of predator control in increasing the survival rate of soft shell clams and 
marine worms. Municipalities must submit their proposals on forms provided by the 
Department of Marine Resources. The area encompassed by a predator control proposal 
from a municipality may include no more than 10% of the total area of the entire 
municipal intertidal zone that is open to the taking of shellfish. In addition, the area 
encompassed by a predator control proposal, when combined with any area under 
municipal shellfish aquaculture permits under Title 12, section 6673, subsection 2-A, 
paragraph B, may not include more than 25% of the entire municipal intertidal zone that 
is open to the taking of shellfish under section 6671. 
2. Proposal selection. The commissioner may approve predator control proposals to 
participate in the pilot project under subsection 1 from up to 4 municipalities. 
If more 
than 4 municipalities submit proposals, the commissioner shall consult the Shellfish 
Advisory Council established pursuant to the Maine Revised Statutes, Title 12, section 
6038 for advice on which proposals to approve. The commissioner may approve more 
than 4 municipal proposals if the commissioner determines that the additional municipal 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to S.P. 536, L.D. 1452 
projects do not affect access to the municipal intertidal zone for the purpose of harvesting 
manne worms. 
3. 
Marking. 
A municipality with a predator control project approved by the 
commissioner under subsection 2 shall clearly mark the boundaries of the predator 
control project with green stakes and flags and post signs that include the words 
"approved predator control project" and "no harvesting of marine organisms is allowed 
within these boundaries." 
4. Maintenance of predator control gear. A municipality must maintain all gear 
approved as part of a predator control project under subsection 1 in good working 
condition. In the proposal to the commissioner under subsection 1, the municipality must 
provide a weekly maintenance plan. The commissioner may terminate the municipality's 
predator control project and order the removal of all gear if the commissioner determines 
that the municipality has failed to follow the weekly maintenance plan provided. 
5. 
Notice. 
A municipality with a predator control project approved by the 
commissioner under subsection 2 shall provide adequate public notice to harvesters of 
soft shell clams or marine worms of the areas that have been closed to harvesting. This 
notice must include, but is not limited to, notice in local newspapers and publicly 
accessible websites of the municipality and posting signs as appropriate at water access 
sites. 
6. Repeal. This section is repealed February 28,2015. 
Sec. 3. Predator control strategies. The Commissioner of Marine Resources 
shall, with the cooperation of the soft shell clam and marine worm industries and other 
interested parties, develop predator control strategies to mitigate the effects of green 
crabs. The strategies must identify the needs of the soft shell clam and marine worm 
industries and recognize that both industries have an economic interest in properly 
managing the intertidal zone in a way that does not disadvantage either user group. The 
commissioner shall present those strategies for review and comment to the joint standing 
committee of the Legislature having jurisdiction over marine resources matters no later 
than January 31, 2015. After review of the strategies, the committee may report out a bill 
related to the strategies to the First Regular Session ofthe 127th Legislature. 
Emergency clause. 
In view of the emergency cited in the preamble, this 
legislation takes effect when approved.' 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 536, L.D. 1452 
SUMMARY 
This amendment, which is the unanimous report of the committee, replaces the bill. 
The amendment makes it a civil violation to disturb or molest predator protection gear 
that has been placed in the intertidal zone as part of a municipal shellfish conservation 
program. This amendment also establishes a municipal predator control pilot project 
within the Department of Marine Resources to evaluate the effectiveness of predator 
control strategies in increasing the survival rate of soft shell clams and marine worms. 
The amendment establishes that harvesting marine organisms from within pilot project 
predator control areas, except for municipal removal of green crabs, is prohibited and is a 
civil violation. The amendment adds an emergency preamble and an emergency clause. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/05114 Mac.. 
LD 1452 
LR 334(02) 
An Act To Allow Municipalities with Shellfish Conservation Ordinances To Request Permission To 
Prohibit Marine Worm Harvesting 
Fiscal Note for Bill as Amended by Committee Amendment ';.6;' (S .... 4 3i...t) 
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Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
The bill requires the Department of Marine Resources (DMR) to develop and initiate a predator control strategy in the 
intertidal zone. The DMR will establish a municipal predator control pilot project to evaluate the effectiveness of 
predater control strategies to increase survival of soft shell clams and marine worms. The pilot project will terminate 
on February 28, 2015. A report will be presented to the Legislature by January 31, 2015. The bill also creates new 
civil violations between $300 and $1,000 for those handling gear placed by a municipality for use in a municipal 
shellfish conservation program and for fishing or taking marine organisms from a predator control area. Any 
additional costs to the DMR can be absorbed within existing budgeting resources. 
LR0334(02) - Fiscal Note - Page 1 of 1