An Act To Make Technical Changes to Marine Resources Laws
Maine Legislature, Session 126, LD 1604
Committee: Marine Resources
Sponsors: WEAVER, WOODBURY, KRUGER, KUMIEGA, PARRY, SAXTON, WINCHENBACH, JOHNSON
Amends: 12 MRSA §6174, 12 MRSA §6301, 12 MRSA §6407, 12 MRSA §6808, 12 MRSA §6852

Legislative Document 
No. 1604 
H.P. 1176 
House of Representatives, December 30, 2013 
An Act To Make Technical Changes to Marine Resources Laws 
Submitted by the Department of Marine Resources pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 23, 2013.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative WEAVER of York. 
Cosponsored by Senator WOODBURY of Cumberland and 
Representatives: KRUGER of Thomaston, KUMIEGA of Deer Isle, PARRY of Arundel, 
SAXTON of Harpswell, WINCHENBACH of Waldoboro, Senator: JOHNSON of Lincoln. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6174, sub-§3, as amended by PL 2003, c. 248, §3, is further 
amended to read: 
3.  Penalty.  Whoever violates a rule commits a civil violation for which a fine of not 
less than $100 for each violation may be adjudged.  Except as otherwise specifically 
provided by law, a violation under this subsection is a strict liability offense for which no 
proof of a culpable state of mind is required. 
Sec. 2.  12 MRSA §6301, sub-§2, ¶U, as corrected by RR 2009, c. 2, §24, is 
amended to read: 
U.  A limited wholesale shellfish harvester's license issued under section 6851-A 
expires on March 31st of each year; and 
Sec. 3.  12 MRSA §6301, sub-§2, ¶V, as reallocated by RR 2009, c. 2, §22, is 
amended to read: 
V.  A lobster processor license issued under section 6851-B expires on March 31st of 
each year.; and 
Sec. 4.  12 MRSA §6301, sub-§2, ¶W is enacted to read: 
W.  A commercial green crab only license issued under section 6808 expires on April 
30th of each year. 
Sec. 5.  12 MRSA §6407, as enacted by PL 1977, c. 661, §5, is amended to read: 
§6407.  Conviction or adjudication; juvenile offense; failure to appear 
Under this chapter: 
1.  Conviction or adjudication.  A judgment of guilt shall be is considered a 
conviction or adjudication during the pendency of appeal; 
2.  Juvenile offense.  A conviction as of a juvenile offense shall be is considered a 
conviction; and 
3.  Failure to appear.  Failure to appear in court when properly summoned shall be 
is considered a conviction. 
Sec. 6.  12 MRSA §6808, sub-§6, as amended by PL 2009, c. 213, Pt. G, §33, is 
further amended to read: 
6.  Fees.  The fee for a commercial green crab only license is $38 $10 for a resident 
license and $76 $20 for a nonresident license, which authorizes the license holder to 
engage in the licensed activities under subsection 2. 
Sec. 7.  12 MRSA §6808, sub-§7, as amended by PL 2009, c. 213, Pt. G, §34, is 
further amended to read: 
7.  Disposition of fees.  Fees for commercial green crab only licenses must be 
deposited in the Green Crab Management Fund established in section 6809 as follows: 
A.  Thirty-three Eight dollars for a resident commercial green crab only license; and 
B.  Sixty-six Sixteen dollars for a nonresident commercial green crab only license. 
Sec. 8.  12 MRSA §6852, sub-§2-A, as enacted by PL 2011, c. 598, §44, is 
amended to read: 
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.  The holder of an enhanced retail 
certificate may not designate a vehicle as that person's establishment. 
SUMMARY 
This bill makes technical changes to Maine's marine resources laws.   It clarifies that 
an individual with an enhanced retail certificate may not designate a vehicle as the 
individual's establishment.  It clarifies that rule violations are strict liability offenses.  It 
changes the licensing year of the commercial green crab only license and lowers the cost 
of the license.  Finally, it clarifies that a judgment of guilt is considered a conviction or 
adjudication during the pendency of appeal.