An Act To Ensure Participation and Equity in the Shellfish Depuration Certification and Compensation Process for Municipalities
Maine Legislature, Session 128, LD 0431
Committee: Marine Resources
Sponsors: McCREIGHT, DOW, ALLEY, BLUME, DEVIN, RYKERSON, TERRY, TUCKER, MIRAMANT, VITELLI
Amends: 12 MRSA §6856

Legislative Document
No. 431
H.P. 311
House of Representatives, February 7, 2017
An Act To Ensure Participation and Equity in the Shellfish 
Depuration Certification and Compensation Process for 
Municipalities
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, BLUME of York, DEVIN of Newcastle, RYKERSON of 
Kittery, TERRY of Gorham, TUCKER of Brunswick, Senators: MIRAMANT of Knox, 
VITELLI of Sagadahoc.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6856, sub-§3-D, ¶A-1 is enacted to read: 
A-1.  When the commissioner determines that a municipal area is appropriate for 
depuration certification under this subsection, the commissioner shall, at least 3 
working days prior to granting the depuration certificate to the wholesale seafood 
license holder, provide a copy of the depuration certificate application to the 
municipality, to the marine warden or wardens assigned to the municipality and, if a 
municipal shellfish management committee has been established pursuant to section 
6671, subsection 2, to the municipal shellfish management committee. 
Sec. 2.  12 MRSA §6856, sub-§3-D, ¶B, as enacted by PL 2011, c. 175, §5, is 
amended to read: 
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 shellfish harvesters, the depuration certificate 
holder may supplement with other commercial shellfish harvesters licensed in the 
State.  When a depuration certificate is granted under this section, the depuration 
certificate holder shall notify the municipality, the marine warden or wardens 
assigned to that municipality and the municipally licensed commercial shellfish 
harvesters in the municipality in which depuration is to be conducted of the date of 
depuration harvesting with a minimum of 48 hours' notice.  Notification must include 
posting at the municipality's municipal offices.  Notification must include a clear 
delineation of the area in which the depuration is to be conducted, the time of the 
harvest and contact information for the depuration certificate holder.  The depuration 
certificate holder shall hire and pay the municipally licensed commercial shellfish 
harvesters at the same rate as any other licensed harvesters hired for the activity. 
Sec. 3.  12 MRSA §6856, sub-§3-D, ¶D, as enacted by PL 2011, c. 175, §5, is 
amended to read: 
D.  A depuration certificate holder shall pay each municipality an amount equal to 
50¢ 25% of the current market value 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. 
Sec. 4.  12 MRSA §6856, sub-§3-D, ¶E is enacted to read: 
E.  A depuration certificate holder found by the department to be in noncompliance 
with any provision of this subsection is prohibited from engaging in depuration 
activities under this subsection for a period of one year from the date of the 
department's finding. 
SUMMARY 
This bill amends the laws concerning the shellfish depuration harvesting process to 
clarify communication between the Department of Marine Resources, municipalities, 
depuration certificate applicants and holders and licensed commercial shellfish harvesters 
during the certification process.  It also raises the rate of reimbursement paid to the 
municipality by the depuration certificate holder from 50¢ for each bushel of soft-shelled 
clams to 25% of the current market value for each bushel.  The bill establishes a penalty 
for noncompliance with any provision of the law regulating the soft-shelled clam 
depuration harvesting process; depuration certificate holder found by the department to 
be in noncompliance is prohibited from engaging in depuration activities under this 
subsection for a period of one year from the date of the department's finding.