An Act To Extend the Protection of Municipal Shellfish Conservation Programs
Maine Legislature, Session 127, LD 0435
Committee: Marine Resources
Sponsors: GERZOFSKY
Amends: 12 MRSA §6671

Legislative Document 
No. 435 
S.P. 164 
In Senate, February 24, 2015 
An Act To Extend the Protection of Municipal Shellfish 
Conservation Programs 
(EMERGENCY) 
Reference to the Committee on Marine Resources suggested and ordered printed. 
HEATHER J.R. PRIEST 
Secretary of the Senate 
Presented by Senator GERZOFSKY of Cumberland. 
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 the 
municipal predator control pilot project as well as the authority of municipalities to 
remove green crabs from predator control project areas expire February 28, 2015; 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 
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-C, as enacted by PL 2013, c. 517, §1, is 
amended to read: 
10-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 2017. 
Sec. 2.  PL 2013, c. 517, §2, sub-§6 is amended to read: 
Sec. 6.  Repeal.  This section is repealed February 28, 2015 2017. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill delays by 2 years the repeal of the provision of law that prohibits the 
harvesting of marine organisms from within municipal predator control project areas, 
except for municipal removal of green crabs.  The bill also extends by 2 years the 
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.