An Act Regarding Certain Shellfish Certificates and Permits Issued by the Department of Marine Resources
Maine Legislature, Session 128, LD 0647
Committee Amendment CA_A_H334 (House)
Amends: 12 MRSA §6852, 12 MRSA §6856

COMMITTEE AMENDMENT "A " to H.P. 461, L.D. 647, Bill, "An Act 
Regarding Certain Shellfish Certificates and Permits Issued by the Department of Marine 
Resources" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
l 
'Sec. 1. 12 MRSA §6852, sub-§4, as amended by PL 2013, ~2, §11 and 
affected by § 12, is further amended to read: 
4. Fee. The fee for a retail seafood license under subsection 1 is $100. The fee for 
an enhanced retail certificate under subsection 2-A is~ $100 and must be deposited in 
the Shellfish Fund under section 6651. 
Sec. 2. 12 MRSA §6856, as amended by PL 2015, c. 68, §§10 and 11, is further 
amended to read: 
§6856. Shellfish sanitation; depuration certificate and permits 
1. Shellfish sanitation certificate. A person may not undertake the processing, 
buying, selling, shipping, transporting or shucking of shellfish or whole scallops without 
a shellfish sanitation certificate unless authorized under section 6701 or 6702. 
The 
commissioner may issue a shellfish sanitation certificate to a wholesale seafood license 
holder or a shellfish transportation license holder that authorizes the holder to undertake 
the activities expressly authorized therein, which may include buying and selling, 
shipping, transporting, shucking or other processing of shellfish or whole scallops. A 
wholesale seafood license or shellfish transportation license is also necessary to 
undertake the activities authorized under those licenses. A shellfish sanitation certificate 
does not authorize a person to undertake any of the activities for which a permit is 
required pursuant to subsection 2-A. Beginning June L 2018, the fee for a shellfish 
sanitation certificate is $50. 
2. Express authorizations. The commissioner shall expressly state the authorized 
activities on each shellfish sanitation certificate. 
The activities authorized must be 
sufficient to allow the holder to carry out the holder's wholesale or transportation 
COMMITTEE AMENDMENT 
R. of S. 
COMMITIEE AMENDMENT"A "to H.P. 461, L.D. 647 
operations, except that the operations may be limited to the extent required to protect the 
public health. 
2-A. Additional permits. A person may not engage in an activity for which a 
permit is required pursuant to this subsection unless the person holds a shellfish sanitation 
certificate and the applicable permit as provided in this subsection. 
A. A person may not store shellfish in containers or tanks containing recirculating 
water without a recirculating wet storage permit. Beginning August 1, 2018, the fee 
for a recirculating wet storage permit is $200, except that the fee for a recirculating 
wet storage permit is $100 if the holder of the permit accepts as a permit condition 
the duty to provide and provides the department weekly test results showing the 
recirculating wet storage facility's compliance with the most recently adopted federal 
sanitation standards. 
B. A person may not store shellfish in containers or tanks where nonrecirculating 
water flows through the containers or tanks or in or on floats in a natural body of 
water without a flow-through wet storage permit. Beginning August 1, 2018, the fee 
for a flow-through wet storage permit is $100. 
C. A person may not handle, ship, transport or process shellfish in bulk, as defined 
by the department by rnle, without: 
(1) Attaching a tag to the shellfish in accordance with rnles adopted by the 
department; and 
(2) A bulk tagging permit. Beginning June 1, 2018, the fee for a bulk tagging 
permit is $50. 
D. 
A person may not use a vehicle to transport soft-shelled clam shell stock 
purchased at a location other than the establishment or vehicle authorized under the 
license without a shellfish buying station permit. Beginning June 1, 2018, the fee for 
a shellfish buying station permit is $100. 
3. Depuration certificate. A person may not take shellfish from closed areas for 
depuration, processing and transportation without a depuration certificate. 
The 
commissioner may issue a depuration certificate to a wholesale seafood license holder 
that authorizes the holder to take shellfish from closed areas for depuration, processing 
and transportation. The certificate must establish limits on harvesting, depurating and 
processing methods and any other provisions required to ensure the public safety. The 
commissioner may permit depuration of shellfish not contaminated by paralytic shellfish 
poisoning if it is established that the water used during depuration will not contaminate 
the shellfish with paralytic shellfish poisoning. Beginning May l, 2018, the fee for a 
depuration certificate is $200. 
3-D. Soft-shelled clam depuration harvesting in municipalities with municipal 
shellfish conservation programs. 
Soft-shelled clam depuration activities conducted 
within a municipality that has a municipal shellfish conservation program pursuant to 
section 6671 are subject to the following provisions. 
A. Using the following general guidelines to identify whether pollution abatement 
activities are likely to succeed in a shellfish growing area, the commissioner may 
COMMITTEE AMENDMENT 
R. of s. 
COMMIITEE AMENDMENT" A" to H.P. 461, L.D. 647 
close a shellfish growing area pursuant to section 6172 for municipal pollution 
abatement activities. 
(1) Pollution abatement activities are likely to succeed in shellfish growing areas 
affected by identified failing residential septic systems and other identified 
localized sources of human or animal fecal contamination when funding for 
abatement is available. 
(2) Pollution abatement activities are not likely to succeed in shellfish growing 
areas affected by wastewater treatment plant outfall or other point sources of 
treated or partially treated sewage unless complete removal of pollution sources 
has been achieved. 
(3) Abatement activities are not likely to succeed in shellfish growing areas 
affected by chronic nonpoint source contamination from rivers or streams. 
At the request of the municipality, the commissioner may allow soft-shelled clam 
depuration harvesting in a shellfish growing area closed under this paragraph. 
B. In conducting depuration harvesting activities under this subsection, a person 
holding a depuration certificate shall engage commercial harvesters holding valid 
municipal and state commercial shellfish licenses. 
If there are insufficient 
municipally licensed commercial harvesters, the depuration certificate holder may 
supplement with other commercial shellfish harvesters licensed in the State. 
C. 
A depuration certificate holder shall maintain a generalized depuration 
management plan on file with the commissioner that sets forth methods for 
identifying harvest limits, operational procedures for harvest management and 
responsibilities of authorized representatives. 
D. A depuration certificate holder shall pay each municipality an amount equal to 
50¢ for each bushel of soft-shelled clams taken in that municipality under the 
depuration certificate. 
When submitting payment to a municipality under this 
paragraph, the depuration certificate holder shall include a summary of reports 
submitted to the department pursuant to rules adopted under subsection 4. 
4. Rules. The commissioner may adopt or amend rules concerning: 
A. The procedures for issuing certificates and the required qualifications for each 
type of certificate; 
B. The minimum sanitation standards for establishments and vehicles; 
C. The sanitation and quality control standards for shellfish and whole scallops and 
their products; 
D. 
The methods for taking, handling, shipping, transporting and processing of 
shellfish and whole scallops taken from closed areas; 
E. The records and reports of takings, purchases, processing, sales, shipping and 
transporting of shellfish and whole scallops; 
F. The labeling or marking of shipments of shellfish and whole scallops; and 
G. Other rules necessary to the public health. 
COMMITTEE AMENDMENT 
R. of S. 
COMMITIEE AlvlENDMENT "A "to H.P. 461, L.D. 647 
The rules must be based on the particular operational requirements of each activity, the 
most recently adopted federal sanitation standards and the most recent generally accepted 
research data, in a manner so as to protect the public health and safety while allowing 
reasonable use of the State's shellfish and whole scallops. 
5. Right of entry. Whenever a certificate has been issued under this section, the 
commissioner, or the commissioner's agent, must have access to any establishment or part 
thereof for the purpose of inspection or collection of samples. 
Denial of access is 
grounds for suspension or revocation of any certificate or license under the provisions of 
section 63 72. 
6. 
Products embargoed and condemned. 
The commissioner, or the 
commissioner's agent, shall indefinitely embargo, condemn or order to be destroyed any 
shellfish, shellfish product or whole scallop in any establishment whenever it is 
determined that the product is of unsound quality, contains any filthy, decomposed or 
putrid substance, or may be poisonous or deleterious to health or otherwise unsafe. The 
commissioner and the commissioner's agent shall cooperate with those state and federal 
agencies having similar responsibility in the protection of public health and in enforcing 
the order to embargo, condemn or destroy. 
In the event that any shellfish, shellfish product or whole scallop in any establishment is 
embargoed, condemned or ordered destroyed, the commissioner, or the commissioner's 
agent, shall, as soon thereafter as practical, notify the owner in writing of the amount and 
kind of shellfish, shellfish product or whole scallop embargoed, condemned or destroyed. 
9. Disposition of fees. The commissioner shall deposit fees collected under this 
section in the Shellfish Fund under section 6651. 
Sec. 3. Effective date. That section of this Act that amends the Maine Revised 
Statutes, Title 12, section 6852, subsection 4 takes effect April 1, 2018.' 
SUMMARY 
This amendment replaces the bill. The bill establishes a fee of $50 for a shellfish 
sanitation certificate and establishes additional permits for authorized activities under a 
shellfish sanitation certificate. The permits established are a recirculating wet storage 
permit, a flow-through wet storage permit, a bulk tagging permit and a shellfish buying 
station permit. A recirculating wet storage permit is $200, unless the holder provides 
weekly test results showing compliance with federal sanitation standards, in which case 
the fee is $100; a flow-through wet storage permit is $100; a bulk tagging permit is $50; 
and a shellfish buying station permit is $100. The amendment increases the fee for a retail 
seafood license from $28 to $100. The amendment establishes a fee of $200 for a 
depuration certificate. Like the bill, the amendment requires the fees collected to be 
deposited in the Shellfish Fund. The amendment provides specified dates on which the 
Department of Marine Resources may begin assessing fees established in the amendment. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 05/25/17 feac:.. 
LD647 
LR 748(02) 
An Act Regarding Certain Shellfish Certificates and Permits Issued by the Department of Marine 
Resources 
Fiscal Note for Bill as Amended by Committee Amendment ,P,., ( H-]1v) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Special Revenue Funds 
FY 2017-18 
FY 2018-19 
Revenue 
Other Special Revenue Funds 
$0 
$15,896 
Fiscal Detail and Notes 
Projections 
FY 2019-20 
$15,896 
Projections 
FY 2020-21 
$15,896 
This bill establishes or increases fees for certain wholesale and retail permits or certificates issued by the Department 
of Marine Resomces. This will increase revenue to the Shellfish Fund by an estimated $15,896 annually starting in 
fiscal year 2018-19. Any additional cost to the department from issuing these pennits or certificates is anticipated to 
be minor and can be absorbed within existing budgeted resources. 
LR0748(02) - Fiscal Note - Page 1 of 1