An Act To Extend the Protection of Municipal Shellfish Conservation Programs
Maine Legislature, Session 127, LD 0435
Committee Amendment CA_A_S40 (Senate)
Amends: 12 MRSA §6671

COMMITTEE AMENDMENT" A "to S.P. 164, L.D. 435, Bill, "An Act To Extend 
the Protection of Municipal Shellfish Conservation Programs" 
Amend the bill in the 6th indented paragraph after the title in the last line (page 1, 
line 16 in L.D.) by striking out the following: "expire" and inse:rting the following: 
'expired' 
Amend the bill by striking out everything after the enacting cllause and before the 
emergency clause and inserting the following: 
'Sec. 1. 12 MRSA §6671, sub-§10-D is enacted to read: 
10-D. 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This subsection is repealed November 1, 2016. 
Sec. 2. Extension of municipal predator control pilot project. 
1. Extension of pilot projects authorized. The Commissioner of Marine Resources, 
referred to in this section as "the commissioner," may authorize the extension of 
municipal predator control pilot projects created pursuant to Public Law 2013, chapter 
for the purpose of determining the effectiveness of predator control in increasing the 
survival rate of soft shell clams for a period not to extend beyond November 1, 2016. A 
municipality shall submit its request for an extension of the municipality's predator 
control pilot project on forms provided by the Department of Marine Resources. The 
area encompassed by a municipality's request for extension of a predator control pilot 
project may not include any area that was not previously approved by the commissioner 
for that municipality's predator control pilot project in 2014. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 164, L.D. 435 
2. Evaluation of request for extension. 
The commissioner may approve an 
extension of one or more of the predator control pilot projects authorized in 2014 in the 
towns of Brunswick, Freeport, Harpswell and West Bath. An extension may be granted 
solely for the purpose of further evaluating or developing predator controls. In making a 
determination whether to authorize extension of a predator control pilot project, the 
commissioner shall consider whether the project will measure the survival of soft shell 
clam seed after the 2014 predator control pilot projects, whether the project will explore 
continued predator control methods and whether the project will investigate control 
methods for predators other than green crabs. A municipality shall indicate when an 
extended predator control pilot project will terminate; however, in no event may a 
predator control pilot project continue beyond November 1, 2016. 
3. Prohibition on seeding in extended pilot projects. A predator control pilot 
project authorized for extension under this section may not enhance the predator control 
project area with hatchery stock or transplants of wild seed during the period of the 
extension. 
4. Marking. A municipality with a predator control pilot project authorized for 
extension under this section shall clearly mark the boundaries of the predator control 
project area with unifonn marking approved by the Department of Marine Resources and 
post signs that include the words "approved predator control project" and "no harvesting 
of marine organisms is allowed within these boundaries." 
5. Maintenance of predator control gear. A municipality shall maintain all gear 
approved as part of a predator control pilot project in good working condition. In a 
request to the commissioner for an extension of a predator control pilot project under this 
section, the municipality shall provide a weekly maintenance plan. The commissioner 
may terminate the muncipality's predator control pilot project and order the removal of all 
gear if the commissioner determines that the municipality has failed to follow the 
maintenance plan provided under this subsection. 
6. Notice. 
A municipality with a predator control pilot project authorized for 
extension under this section shall provide adequate public notice to harvesters of soft 
shell clams and 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 on publicly 
accessible websites of the municipality, copies mailed to all marine worm dealers and 
signs posted at water access sites. 
7. Report. 
A municipality with a predator control pilot project authorized for 
extension under this section shall provide a written report and oral presentation of 
activities and results to the Department of Marine Resources no later than January 31, 
2017 and shall participate in a workshop related to the requirements of this section that is 
sponsored by the department.' 
SUMMARY 
This amendment enacts a provision of law with substantially the same language as a 
law that was repealed on February 28, 2015, which prohibited the harvesting of marine 
organisms from within a municipal predator control project area, except for municipal 
removal of green crabs. The provision of law has a repeal date of November 1, 2016. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 164, L.D. 435 
The amendment also provides that the Commissioner of Marine Resources may authorize 
an extension of predator control pilot projects begun by the towns of Freeport, 
Brunswick, Harpswell and West Bath in 2014, although the projects may continue only 
until November 1, 2016. 
The amendment requires towns with an extended predator 
control pilot project to report the results of the project to the Department of Marine 
Resources by January 31, 2017. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 04112115 
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LD435 
LR 1137(02) 
An Act To Extend the Protection of Municipal Shellfish Conservation Programs 
Fiscal Note for Bill as Amended by Committee Amendment "/1...' (5- YO) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Marine Resources for authorizing the continuation of certain municipal 
predator control pilot projects are expected to be minor and can be absorbed within existing budgeted resources. 
LRl137(02) - Fiscal Note - Page 1 of 1