An Act To Promote Sustainability in the Scallop Fishing Industry
Maine Legislature, Session 127, LD 0908
Committee: Marine Resources
Sponsors: ALLEY, DUTREMBLE, BLUME, DANA, DEVIN, PIERCE, SAWICKI, TUELL, MIRAMANT
Amends: 12 MRSA §6073-E, 12 MRSA §6706, 12 MRSA §6721-B, 12 MRSA §6723, 12 MRSA §6727-A

Legislative Document 
No. 908 
H.P. 627 
House of Representatives, March 12, 2015 
An Act To Promote Sustainability in the Scallop Fishing Industry 
Reference to the Committee on Marine Resources suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative ALLEY of Beals. 
Cosponsored by Senator DUTREMBLE of York and 
Representatives: BLUME of York, DANA of the Passamaquoddy Tribe, DEVIN of Newcastle, 
McCABE of Skowhegan, PIERCE of Dresden, SAWICKI of Auburn, TUELL of East 
Machias, Senator: MIRAMANT of Knox. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6073-E is enacted to read: 
§6073-E.  Limit exemption; scallop aquaculture 
A person who cultivates scallops pursuant to a lease issued under section 6072, 
6072-A or 6072-B or a license issued under section 6072-C is exempt from the scallop 
harvesting limit set forth in section 6721-B for scallops harvested from the leased area. 
Sec. 2.  12 MRSA §6706, sub-§2, as amended by PL 2011, c. 237, §1, is further 
amended to read: 
2.  License eligibility in subsequent years.  Except as provided in subsection 2-A 
and subsection 3, the commissioner may not issue a hand fishing scallop license or a 
scallop dragging license to any person in any year subsequent to 2009 unless that person 
possessed that license in the previous calendar year or is eligible to obtain a license in 
accordance with the limited entry system established under subsection 3. 
Sec. 3.  12 MRSA §6706, sub-§2-A is enacted to read: 
2-A.  License eligibility; previous license holders.  An applicant who held a hand 
fishing scallop license or scallop dragging license in any previous year may be issued a 
hand fishing scallop license or a scallop dragging license in the current year as long as the 
prior license is no longer valid solely due to its expiration. 
Sec. 4.  12 MRSA §6706, sub-§3, as amended by PL 2011, c. 237, §2, is further 
amended to read: 
3.  Scallop license limited entry system.  Notwithstanding subsection 2, the 
commissioner shall establish by rule a limited entry system under which a person who did 
not hold a hand fishing scallop license or a scallop dragging license in the previous 
calendar year may become eligible to obtain that license.  Rules adopted pursuant to this 
subsection do not apply to persons who are eligible for a hand fishing scallop license or a 
scallop dragging license under subsection 2-A.  The rules for a limited entry system must 
include provisions for the method and administration of the program.  Rules adopted 
pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 5.  12 MRSA §6721-B is enacted to read: 
§6721-B.  Scallop harvesting limit 
Except as provided in section 6073-E, a person may not harvest more than 90 pounds 
of scallops per day. 
Sec. 6.  12 MRSA §6723, as repealed and replaced by PL 2007, c. 607, Pt. A, §7, 
is repealed. 
Sec. 7.  12 MRSA §6727-A is enacted to read: 
§6727-A.  Maximum drag width 
A person may not possess on any vessel fishing for scallops in the territorial waters, 
or use when fishing for or taking scallops in the territorial waters, a drag or any 
combination of drags that measures in excess of 5 feet, 6 inches across from one extreme 
outside edge of the mouth of the drag or combination of drags to the opposite extreme 
outside edge. 
SUMMARY 
This bill creates a 90-pound per day, per person harvesting limit on scallops; 
however, this bill exempts scallops harvested through aquaculture from this limit.  The 
bill provides that a hand fishing scallop license or scallop dragging license must be issued 
to an applicant who previously held a hand fishing scallop license or scallop dragging 
license, which had expired.  The bill also imposes a maximum width of 5 feet, 6 inches 
for scallop drags.