An Act To Allow Municipalities with Shellfish Conservation Ordinances To Request Permission To Prohibit Marine Worm Harvesting
Maine Legislature, Session 126, LD 1452
Committee: Marine Resources
Sponsors: GERZOFSKY, PRIEST, CRAVEN, HASKELL, JOHNSON, SAVIELLO, BROOKS, GIDEON, KAENRATH, SAXTON
Amends: 12 MRSA §6671, 12 MRSA §6751, 12 MRSA §6752

Legislative Document 
No. 1452 
S.P. 536 
In Senate, April 25, 2013 
An Act To Allow Municipalities with Shellfish Conservation 
Ordinances To Request Permission To Prohibit Marine Worm 
Harvesting 
Reference to the Committee on Marine Resources suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator GERZOFSKY of Cumberland. 
Cosponsored by Representative PRIEST of Brunswick and 
Senators: CRAVEN of Androscoggin, HASKELL of Cumberland, JOHNSON of Lincoln, 
SAVIELLO of Franklin, Representatives: BROOKS of Winterport, GIDEON of Freeport, 
KAENRATH of South Portland, SAXTON of Harpswell. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6671, sub-§13 is enacted to read: 
13.  Intertidal marine worm harvesting.  A municipality that meets the criteria of 
subsection 4-B may request the commissioner to prohibit marine worm harvesting within 
an area closed through a shellfish conservation ordinance pursuant to subsection 3, 
paragraph A. 
A.  A municipality must apply to the department to request a prohibition on marine 
worm harvesting.  The application must include the following: 
(1)  A cover letter that identifies the proposed closed area; 
(2)  A map including global positioning system coordinates indicating the 
location of the closed area; 
(3)  A shellfish density survey when requested by the department; and 
(4)  A plan of action for closure notification to the public. 
B.  A person who harvests or is in possession of marine worms from an area closed 
pursuant to this subsection commits a civil violation. 
(1)  A person who violates this paragraph commits a civil violation for which a 
fine of $300 may be adjudged. 
(2)  A person who violates this paragraph after having been previously 
adjudicated as violating this paragraph commits a civil violation for which a fine 
of $500 may be adjudged. 
(3)  A person who violates this paragraph after having been previously 
adjudicated as violating this paragraph 2 or more times commits a civil violation 
for which a fine of $1,000 may be adjudged. 
Sec. 2.  12 MRSA §6751, sub-§2, as amended by PL 2001, c. 421, Pt. B, §49 and 
affected by Pt. C, §1, is further amended to read: 
2.  Licensed activity. The holder of a marine worm digger's license may fish for or 
take marine worms or possess, ship, transport or sell within the State worms the licensee 
has taken.  This license does not authorize the license holder to fish for or take marine 
worms or possess, ship, transport or sell within the State worms from an area closed 
through a shellfish conservation ordinance pursuant to section 6671, subsection 3, 
paragraph A closed to marine worm harvesting pursuant to section 6671, subsection 13. 
Sec. 3.  12 MRSA §6752, as enacted by PL 1977, c. 661, §5, is amended to read: 
§6752.  Exception for personal use 
Any person may take or possess not more than 125 50 marine worms in any one day 
for personal use without a marine worm digger's license or a marine worm dealer's 
license.  A person may not take or possess marine worms for personal use from shellfish 
conservation areas closed to marine worm harvesting pursuant to section 6671, subsection 
13. 
SUMMARY 
This bill allows a municipality with a shellfish conservation ordinance to apply to the 
Department of Marine Resources to request a prohibition on marine worm harvesting.  It 
also makes it a civil violation to harvest marine worms from areas closed to the harvest 
and possession of marine worms.