An Act To Allow Certain Municipal Shellfish Conservation Wardens To Seize and Sell Marine Organisms Taken in Violation of a Shellfish Conservation Ordinance
Maine Legislature, Session 128, LD 0200
Committee Amendment CA_A_H172 (House)
Amends: 12 MRSA §6671

COMMITTEE AMENDMENT "I-} " to H.P. 156, L.D. 200, Bill, "An Act To Allow 
Certain Municipal Shellfish Conservation Wardens To Seize and Sell Marine Organisms 
Taken in Violation of a Shellfish Conservation Ordinance" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 12 MRSA §6671, sub~§l3 is enacted to read: 
13. Seizure and forfeiture. A certified municipal shellfish conservation warden 
who has met the requirements of Title 25, section 2804-I and who is authorized by the 
municipality to arrest violators of a shellfish conservation ordinance may seize and sell 
shellfish in accordance with this subsection. 
A. The warden may only seize shellfish upon arresting or issuing a citation to an 
alleged violator for a violation of a provision of the shellfish conservation ordinance 
that regulates the taking or possession of the shellfish, including taking or possessing 
an amount greater than allowed under the ordinance or taking from an area protected 
from shellfish predators under subsection 10-B. 
B. The warden may only sell seized shellfish that could legally be possessed if the 
shellfish had been taken in accordance with a shellfish conservation ordinance and 
the warden knows the shellfish to have been taken from an area that was not closed 
under section 6172 or under the ordinance due to contamination or pollution. 
C. The seized shellfish, or the proceeds of the sale of the seized shellfish, must be 
deposited with and retained by the municipality pending disposition of a libel 
proceeding in accordance with paragraph D. 
D. The warden making the shellfish seizure shall file, within a reasonable time, a 
libel against the shellfish. The libel must describe the shellfish seized and the date 
and place of that seizure, cite the provision of law that is alleged to have been 
violated and request a decree of forfeiture. The judge shall fix a time for the hearing 
of the libel and issue a notice of the libel to all persons interested, citing them to 
appear at the time and place appointed and show cause why the shellfish should not 
COMMITTEE AMENDMENT 
\l. ()'C ( 
' 
COMMITTEE AMENDMENT""" to H.P. 156, L.D. 200 
be declared forfeited. A true and attested copy of the libel and notice must be posted 
as ordered by the court, at least 10 days before the day on which the libel is 
returnable. 
(1) If no claimant appears, the judge shall declare the seized shellfish, or the 
proceeds from the sale of the seized shellfish, forfeited to the municipality. 
(2) If a person appears and claims a right to the possession of the shellfish at the 
time when they were seized, that claimant shall file with the court a claim in 
writing stating specifically the right so claimed, the foundation of the claim, the 
time and place of the seizure, the name of the officer by whom the shellfish were 
seized and that the shellfish were not possessed in violation of the shellfish 
conservation ordinance with the person's knowledge or consent. 
(3) If a person makes a claim in accordance with this paragraph, that claimant 
must be admitted as a party to the process, and the court shall proceed to 
determine the truth of the allegations in the claim and libel and may hear any 
pertinent evidence offered by the libelant or claimant. 
( 4) If the court, upon the hearing, is satisfied that the shellfish was not possessed 
in violation of the shellfish conservation ordinance and that the claimant is 
entitled to the custody of the shellfish, the court shall direct the municipality 
having the shellfish or proceeds derived from the sale to deliver to the claimant 
the shellfish or proceeds to which the claimant is found to be entitled within 48 
hours. 
(5) If the court finds the claimant is not entitled to the shellfish seized, the court 
shall render judgment against that claimant and order the claimant to pay the 
libelant costs, including costs of the municipality incurred to hold and handle the 
shellfish, and declare the shellfish, or the proceeds from the sale of the shellfish, 
forfeited to the municipality. 
E. The municipality must use the proceeds of any sale of shellfish forfeited to the 
municipality to support its shellfish conservation program.' 
SUMMARY 
This amendment replaces the bill. The amendment expands upon the provisions of 
the bill and provides that a municipal shellfish conservation warden may seize and sell 
shellfish under ce1tain circumstances pursuant to a libel proceeding. 
FISCAL NOTE REQUIRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 04/26/17 feac 
LD200 
LR 354(02) 
An Act To Allow Certain Municipal Shellfish Conservation Wardens To Seize and Sell Marine 
Organisms Taken in Violation of a Shellfish Conservation Ordinance 
Fiscal Note for Bill as Amended by Committee Amendment .j;r, { H-J71) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase to municipalities 
Correctional and Judicial Impact Statements 
Increases libel proceedings. 
Fiscal Detail and Notes 
Allowing municipalities to seize and sell marine organisms taken in violation of shellfish conservation ordinances 
may increase the amount of funds municipalities spend on shellfish conservation. There is no impact to the State. 
LR0354(02) - Fiscal Note - Page 1 of 1