An Act To Revise the Laws Regarding the Public Trust in Intertidal Lands
Maine Legislature, Session 129, LD 1323
Committee Amendment CA_A_S222 (Senate)
Amends: 1 MRSA §2, 12 MRSA §571

COMMITTEE AMENDMENT "ft--" to S.P. 411, L.D. 1323, Bill, "An Act To 
Revise the Laws Regarding the Public Trust in Intertidal Lands" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 1 MRSA §2, sub-§2-A, as enacted by PL 1973, c. 525, is amended to 
read: 
2-A. Harvesting. The State of Maine declares that it owns and shall eontrol controls 
the harvesting of the living resources of the seas adjoining the coastline for a distance of 
miles or to the furthest edge of the Continental Shelf, whichever is greater, subject 
only to the boundary with Canada. Control over the harvesting of these living resources 
shall be !§. by licenses or permits issued by the Department of Marine Resources. For 
purposes of this subsection, "coastline" includes the intertidal zone as defined in Title 12, 
section 6001, subsection 21 and "living resources" includes all marine resources and 
renewable marine organisms as defined in Title 12, section 6001, subsections 26 and 27; 
Sec. 2. 12 MRSA §571, as enacted by PL 1985, c. 782, is amended to read: 
§571. Legislative findings and purpose 
The Legislature finds and declares, as have courts in this State, that the intertidal 
lands of the State are impressed with a public trust and that the State is responsible for 
protection of the public's interest in this land, which has unique public value. Historic 
uses such as fishing, fowling and navigation remain, to varying degrees, important today. 
Other historic uses such as lateral passage of individuals, carts and wagons, the 
movement and grazing of livestock and the cutting of salt marsh grasses are little used 
today. Still other historic uses such as the building of seawalls, jetties and groins, the 
parking and racing of motor vehicles and the storage of small boats and fishing gear are 
often prohibited altogether or closely regulated today. 
The Legislature further finds and declares that this public trust is part of the common 
law of Maine and generally derived from the practices, conditions and needs in Maine, 
from English Common Law and from the Massachusetts Colonial Ordinance of 1641-47. 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"t\"toS.P.411,L.D.1323 (c.l. ),);) 
The public trust is an evolving doctrine reflective of the customs, traditions, heritage and 
. 2 
habits of the Maine people. In Maine, the doctrine has diverged from the laws of England 
and Massachusetts. The public trust encompasses those uses of intertidal land essential to 
the health and welfare of the Maine people, which uses include, but are not limited to, 
fishing, fowling, navigation, use as a footway between points along the shore and use for 
recreational purposes. These recreational uses are among the most important to the Maine 
people today who use intertidal land for relaxation from the pressures of modem society 
and for enjoyment of nature's beauty. 
The Legislature further finds and declares that in the 21st century public uses of 
intertidal land cannot be limited to these uses. These uses cannot be seen as fixed or 
static. Like all legislative and common law principles, public uses of intertidal land must 
evolve with changed conditions and today extend to a wide range of recreational and 
commercial uses, many of which could not even be imagined when Maine became a state, 
much less when the Colonial Ordinance of 1641-47 was adopted by the State of 
Massachusetts. 
The Legislature further finds and declares that the protection of the public uses 
referred to in this chapter is of great public interest and grave concern to the State and 
these evolving public uses of intertidal land confer both economic and general welfare 
benefits on the citizens of this State. In a global economy, the economic value in a 
tourist-oriented state of recreational uses on intertidal beach areas cannot be overstated; 
nor can the growing commercial uses and value of renewable marine resources such as 
seaweed harvesting, the commercial and social importance of the State's working 
waterfronts or the need to maintain sustainable fisheries be overstated. All are of 
increasing importance to the social wealth and economic well-being of the people of the 
State, especially in rural communities. The maintenance of sustainable fisheries is 
particularly important given the State's policy and commitment to greater food self-
sufficiency as set forth in Title 7, section 211. 
The Legislature further finds and declares that the protection of present and future 
benefits derived from our intertidal lands and the marine organisms that populate these 
soils and waters is a legislative duty and essential to the long-term well-being of Maine 
people. Evolving uses and benefits can be made secure, regulated and legislatively 
adjusted as necessary. Whether the State is seen to be acting to discharge its public trust 
duties with respect to intertidal land, expanding common law uses on such land or 
exercising the State's police power, a power that applies to both publicly held and 
privately held property interests, is a matter of indifference; all fall within the legislative 
prerogative. 
Sec. 3. 12 MRSA §§574 to 576 are enacted to read: 
§574. Permitted public use rights on intertidal land 
1. Historic uses. Any of the historic uses of intertidal land under section 571 are 
permitted, except those expressly prohibited by statute or rule adopted by a state agency 
charged with oversight of intertidal land. Permitted historic uses are subject to rules 
adopted by a state agency charged with protecting the public health, safety and general 
welfare. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fr" to S.P. 411, L.D. 1323 ( S· (liJ,,) 
2. Recreational uses. Unless expressly prohibited by statute or rule adopted by a 
state agency charged with oversight of intertidal land, water-related recreational uses of 
intertidal land, including, but not limited to, playing in the water, swimming, snorkeling 
and using skim, surf and paddle boards, are permitted. Additionally, on exposed areas of 
intertidal land, permitted recreational uses include, but are not limited to, sitting, walking, 
running, reading, sunbathing, picnicking, the throwing of balls and other toys and the 
building of sandcastles. 
All recreational uses are subject to laws enacted by the 
Legislature and rules adopted by a state agency charged with protecting the public health, 
safety and general welfare. 
3. Commercial uses. Unless expressly prohibited by statute or rule adopted by a 
state agency charged with oversight of intertidal land, commercial uses of intertidal land, 
including, but not limited to, harvesting of seaweed, fish, shellfish or other marine 
organisms, are permitted. All commercial uses are subject to licensing and use laws 
enacted by the Legislature and rules adopted by a state agency charged with protecting 
the public health, safety and general welfare. 
§575. Limitation on public use rights on intertidal land 
The public use rights under section 574 do not allow any individual to: 
1. 
Structure or improvement. Interfere with or trespass on any structure or 
improvement erected or maintained on intertidal land in accordance with state law; 
2. Refuse or waste materials. Deposit or leave any refuse or waste materials on 
intertidal land or in overlying waters; 
3. Private property. Trespass on private property that is above the mean high tide 
line; 
4. Access to intertidal land. Gain access to intertidal land by any means other than 
by a public way, right-of-way or easement that terminates at the mean high tide line or by 
water, such as by kayak, canoe, motorized watercraft, paddle board or swimming; or 
5. Motorized vehicle. Operate or park any motorized vehicle on intertidal land 
except to perform emergency or rescue service. 
§576. Miscellaneous provisions 
1. Municipal powers. Municipalities may exercise their police powers to adopt 
ordinances to prevent and resolve disturbances on and set reasonable hours of operation 
for intertidal land generally and beach areas in particular. Municipal ordinances may not 
override or conflict with intertidal land use laws enacted by the Legislature or rules 
adopted by a state agency charged with protecting the public health, safety and general 
welfare. Municipalities may not prohibit intertidal land uses under section 574. Nothing 
in this section may be construed to prohibit a municipality from adopting or enforcing a 
shellfish conservation ordinance pursuant to section 6671. 
2. Right to intervene. The Attorney General may intervene in any lawsuit that may 
affect the public trust rights to the intertidal zone. 
Sec. 4. 12 MR.SA §6001, sub-§26, as amended by PL 1997, c. 123, §1, is further 
amended to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" t)-" to S.P. 411, L.D. 1323 l c:y ,) J,,}) 
26. 
Marine organism. 
"Marine organism" means any animal, plant or algae, 
including seaweed, rockweed and other stramenopiles, or other life that inhabits waters 
below head of tide.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
Current law provides that the State of Maine owns and controls the harvesting of the 
living resources of the seas adjoining the coastline for a distance of 200 miles or to the 
furthest edge of the Continental Shelf, whichever is greater, subject only to the boundary 
with Canada. This amendment, which is the majority report of the committee, clarifies 
the definitions of "coastline" and "living resources" with respect to harvesting. 
The amendment leaves in place the definition of "intertidal land" that is in current 
law. The amendment strikes from the bill any references to submerged land. 
The amendment strikes gathering shells and sea glass from the provisions relating to 
water-related recreational uses of intertidal lands. 
The amendment strikes from the provisions relating to commercial uses of intertidal 
lands "aquaculture of fish, shellfish or other marine organisms" and "the extension from 
the mainland of utility cables and pipelines to service island communities and permitted 
offshore facilities and the storage, rental and sale of paddle boards and surf boards, 
kayaks, small boats and related marine equipment." The amendment clarifies that the 
harvesting of seaweed, fish, shellfish or other marine organisms is a permitted use of 
intertidal land. 
The amendment strikes from the bill the limitation on gathering and removing in bulk 
from intertidal land without a valid license sand, soil, rocks, minerals, seaweed or living 
marine organisms. 
Because the State, through its Legislature and various executive branch agencies, 
currently possesses the legal authority contemplated by the bill, the amendment strikes 
the provision relating to state powers. 
Because municipalities possess some legal authority contemplated by the bill, the 
amendment strikes the provision that allows municipalities to seek by gift or purchase to 
increase points of access to intertidal land and the provision that allows municipalities, 
within which intertidal land is located, to provide or increase facilities, services and other 
amenities to facilitate public use of intertidal land. 
The amendment also explicitly states that the Attorney General has a right to 
intervene in any lawsuit that may affect the public trust rights to the intertidal zone. 
The amendment clarifies the definition of "marine organism" to include algae, 
including seaweed, rockweed and other stramenopiles. 
COMMITTEE AMENDMENT