An Act To Improve Productivity in Authorized Municipal Shellfish Conservation Areas with Predation Protection Measures in Place
Maine Legislature, Session 128, LD 0370
Committee: Marine Resources
Sponsors: McCREIGHT, DOW, ALLEY, BEEBE-CENTER, BLUME, SPEAR, SYLVESTER, TUELL, CARSON, VITELLI
Amends: 12 MRSA §6671

Legislative Document
No. 370
H.P. 276
House of Representatives, February 2, 2017
An Act To Improve Productivity in Authorized Municipal Shellfish 
Conservation Areas with Predation Protection Measures in Place
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator DOW of Lincoln and
Representatives: ALLEY of Beals, BEEBE-CENTER of Rockland, BLUME of York, SPEAR 
of South Thomaston, SYLVESTER of Portland, TUELL of East Machias, Senators: CARSON 
of Cumberland, VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6671, sub-§3, as amended by PL 2007, c. 494, §1, is further 
amended to read: 
3.  Shellfish conservation ordinance.  The following provisions govern a shellfish 
conservation ordinance. 
A.  Within any area of the municipality, a shellfish conservation ordinance may: 
(1)  Regulate or prohibit the possession of shellfish; 
(2)  Fix the amount of shellfish that may be taken; 
(3)  Provide for protection from shellfish predators;  
(4)  Authorize the municipal officials to open and close flats under specified 
conditions; and 
(5)  Specify areas of the intertidal zone in which the dragging of mussels may be 
limited to the degree necessary to support a municipal shellfish conservation 
program.; and 
(6)  In accordance with paragraph D, designate shellfish conservation areas where 
harvesting any marine organism is prohibited. 
B.  An ordinance must limit the size of soft-shell clams in accordance with article 5. 
C.  Except as provided in section 6621, subsection 3, paragraph C, a program or 
ordinance may not allow surveying, sampling or harvesting of shellfish in areas 
closed by regulation of the commissioner. 
D.  A municipality may designate a shellfish conservation area where harvesting any 
marine organism is prohibited only when the conservation area surrounds protective 
netting, fencing, traps or other gear placed by the municipality in the intertidal zone 
to enhance the shellfish resource and provide protection from shellfish predators 
pursuant to subsection 10-B. A designated conservation area where harvesting any 
marine organism is prohibited must be clearly marked with signs that identify the 
municipality that has designated the area and indicate the purpose of the area. 
Sec. 2.  12 MRSA §6671, sub-§10, ¶A, as amended by PL 2005, c. 171, §2, is 
further amended to read: 
A.  For harvesting shellfish any marine organism from an area closed for 
conservation purposes pursuant to a municipal shellfish conservation ordinance: 
(1)  For the first offense by a commercial license holder, a fine of not less than 
$300; 
(2)  For subsequent offenses by a commercial license holder, a fine of not less 
than $500 and not more than $1,500; 
(3)  For the first offense by a recreational license holder, a fine of not less than 
$100; and 
(4)  For subsequent offenses by a recreational license holder, a fine of not less 
than $100 and not more than $500; or and 
(5) For an offense by a person who does not hold a municipal shellfish license, a 
fine of not less than $500 and not more than $1,500; or 
SUMMARY 
This bill allows a municipality to designate in its municipal shellfish conservation 
ordinance conservation areas that surround protective netting, fencing, traps or other gear 
placed by the municipality in the intertidal zone where harvesting any marine organism is 
prohibited.  The designated conservation area must be clearly marked with signs that 
identify the municipality that designated the area and indicate the purpose of the 
designated area.  Current law imposes certain fines upon municipal shellfish license 
holders who harvest shellfish from an area closed for conservation purposes.  This bill 
amends that provision to impose certain fines on municipal shellfish license holders and 
nonlicense holders who harvest any marine organism from an area closed pursuant to a 
municipal shellfish conservation ordinance.