An Act To Improve Productivity in Authorized Municipal Shellfish Conservation Areas with Predation Protection Measures in Place
Maine Legislature, Session 128, LD 0370
Committee Amendment CA_A_H47 (House)
Amends: 12 MRSA §6671

COMMITTEE AMENDMENT "A " to H.P. 276, L.D. 370, Bill, "An Act To 
Improve Productivity in Authorized Municipal Shellfish Conservation Areas with 
Predation Protection Measures in Place" 
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-§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; ftH4 
(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, prohibit harvesting any marine organism in 
a buffer zone around netting placed to provide for protection from shellfish 
predators pursuant to subparagraph (3). 
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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 276, L.D. 370 
D. A buffer zone established pursuant to paragraph A, subparagraph (6) may not 
exceed 5 feet between any 2 nets and may not exceed 20 feet beyond the outermost 
perimeter of a net or multiple nets when those nets are placed within 5 feet of each 
other.' 
SUMMARY 
This amendment replaces the bill, which allows municipalities to designate 
conservation areas where harvesting any marine organism is prohibited. The amendment 
instead provides that a municipal shellfish ordinance may prohibit harvesting any marine 
organism in a buffer zone around netting placed for protection from shellfish predators, as 
long as the buffer zone does not exceed 5 feet between any 2 nets and 20 feet around the 
outermost perimeter of a net or multiple nets when those nets are placed within 5 feet of 
each other. 
FISCAL NOTE REQUJRED 
(See Attached) 
COMMITTEE AMENDMENT 
Approved: 04/05/17 feac:.. 
LD370 
LR365(02) 
An Act To Improve Productivity in Authorized Municipal Shellfish Conservation Areas with 
Predation Protection Measures in Place 
Fiscal Note for Bill as Amended by Committee Amendment 'j/' ( /-{- 4-1 J 
Committee: Marine Resources 
· 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor increase in fine revenue to municipalities 
Correctional and Judicial Impact Statements 
Establishes new Class D crimes. 
Violations will increase fine revenue to municipalities by minor amounts. 
LR0365(02) - Fiscal Note - Page 1 of 1