An Act to Make Technical Changes to Maine's Marine Resources Laws
Maine Legislature, Session 131, LD 0016
Committee: Marine Resources
Sponsors: HEPLER
Amends: 12 MRSA §6001, 12 MRSA §6302-A, 12 MRSA §6374, 12 MRSA §6506, 12 MRSA §6852

Legislative Document
No. 16
H.P. 20
House of Representatives, December 30, 2022
An Act to Make Technical Changes to Maine's Marine Resources 
Laws
Submitted by the Department of Marine Resources pursuant to Joint Rule 204.
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HEPLER of Woolwich.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6001, sub-§38, as enacted by PL 1977, c. 661, §5, is amended 
to read:
38.  Scallop.  "Scallop" means sea scallop scallops, placopecten Placopecten 
magellanicus, and bay scallops, Argopecten irradians.
Sec. 2.  12 MRSA §6001, sub-§41, as enacted by PL 1977, c. 661, §5, is amended 
to read:
41.  Shellfish.  "Shellfish" means clams, quahogs, oysters, scallops and mussels and 
includes shellstock and shucked shellfish.
Sec. 3.  12 MRSA §6001, sub-§55, as enacted by PL 2001, c. 112, §1, is amended 
to read:
55.  Whole scallop.  "Whole scallop" means a cultured scallop in any form, except 
when the final product form is only the adductor muscle of the scallop or only the adductor 
muscle on the shell of the scallop.
Sec. 4.  12 MRSA §6302-A, sub-§1, ¶B, as amended by PL 2011, c. 598, §17, is 
further amended to read:
B.  May utilize elver fishing gear tagged with elver gear tags issued by the tribe, nation 
or band or the agent of the band in a manner consistent with tags issued pursuant to 
section 6505‑B.  A member of the tribe, nation or band is not required to pay elver 
fishing gear fees under section 6505‑B if the tribe, nation or band or the agent of the 
band issues that member elver fishing gear tags; and
Sec. 5.  12 MRSA §6302-A, sub-§1, ¶C, as enacted by PL 1997, c. 708, §1 and 
affected by §3, is amended to read:
C.  Is not required to hold a state shellfish license issued under section 6601 to obtain 
a municipal shellfish license pursuant to section 6671.; and
Sec. 6.  12 MRSA §6302-A, sub-§1, ¶D is enacted to read:
D.  Is not required to complete an apprentice program established under section 6422 
if the tribe, nation or band provides documentation to the commissioner to show that 
the license applicant has completed an apprentice program that is satisfactory to the 
tribe, nation or band.
Sec. 7.  12 MRSA §6374, first ¶, as amended by PL 2017, c. 197, §4, is further 
amended to read:
The procedure for suspending a license or certificate under section 6371, subsections 
subsection 3 and 4 is governed by this section.
Sec. 8.  12 MRSA §6374, sub-§1, as amended by PL 2017, c. 197, §4, is further 
amended to read:
1.  Initiation and notice.  If the Chief of the Bureau of Marine Patrol delivers to the 
commissioner a written statement under oath that the chief has probable cause to suspect 
that a violation of marine resources law or conduct described in section 6371, subsection 4 
has been committed, the commissioner shall immediately examine the affidavit and 
determine if a suspension is necessary.  If the commissioner determines based on a 
preponderance of the evidence that a suspension is necessary, the commissioner shall 
immediately notify in writing the person who violated the law or engaged in the conduct.  
The notice must state that there is an opportunity for a hearing, if the person requests the 
hearing in writing within 10 days of the notice.  The notice is deemed received 3 days after 
the mailing.  The commissioner may suspend the license or certificate of a person who has 
been notified pursuant to this subsection but who does not request a hearing within the 
allowed time.
Sec. 9.  12 MRSA §6374, sub-§2, ¶A, as amended by PL 2017, c. 197, §4, is further 
amended to read:
A.  Notwithstanding Title 5, section 9057, issues of the hearing are limited to whether 
the person requesting the hearing had a license or certificate and whether that person 
committed a violation of marine resources law or conduct described in section 6371, 
subsection 4 3; and
Sec. 10.  12 MRSA §6374, sub-§2, as amended by PL 2017, c. 197, §4, is further 
amended by amending the first blocked paragraph to read:
If the presiding officer of the hearing finds that a violation of marine resources law or 
conduct described in section 6371, subsection 4 3 has been committed, the presiding officer 
shall immediately notify the commissioner of the finding.
Sec. 11.  12 MRSA §6374, sub-§3, as amended by PL 2017, c. 197, §4, is further 
amended to read:
3.  Finding of violation and suspension.  The commissioner may suspend the license 
or certificate of the person requesting the hearing under subsection 2 if the presiding officer 
of the hearing finds that a violation of marine resources law or conduct described in section 
6371, subsection 4 3 has been committed.  Except as provided in this subsection and 
subsection 3‑A, the length of the suspension of the license or certificate may not exceed:
A.  One year from the date of a first finding of a violation or finding that conduct 
described in section 6371, subsection 4 3 has been committed;
B.  Two years from the date of a 2nd finding of a violation or finding that conduct 
described in section 6371, subsection 4 3 has been committed; or
C.  Three years from the date of a 3rd or subsequent finding of a violation or finding 
that conduct described in section 6371, subsection 4 3 has been committed.
The commissioner may suspend any license or certificate for a period of time not to exceed 
the maximum amount of time allowable for a criminal conviction or civil adjudication of 
the same violation.
Sec. 12.  12 MRSA §6506, sub-§6 is enacted to read:
6.  License exemption.  Notwithstanding subsection 1, a person may fish for, take, 
possess or transport a halibut without a license if the person has fished for or taken the 
halibut by tub trawl or by hook and line and if the halibut is only for personal use.
Sec. 13.  12 MRSA §6506, sub-§7 is enacted to read:
7.  Violation.  A person who violates this section commits a civil violation for which 
a fine of not less than $100 nor more than $500 may be adjudged.
Sec. 14.  12 MRSA §6506, sub-§8 is enacted to read:
8.  Rules.  The commissioner shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A.
Sec. 15.  12 MRSA §6852, sub-§2-A, ¶C, as enacted by PL 2011, c. 598, §44, is 
amended to read:
C.  Shellstock bought from a mahogany quahog license holder licensed under section 
6731; or
Sec. 16.  12 MRSA §6852, sub-§2-A, ¶D, as enacted by PL 2011, c. 598, §44, is 
amended to read:
D.  Shellstock bought from a hand-raking mussel license holder licensed under section 
6745 or a mussel boat license holder licensed under section 6746.; and
Sec. 17.  12 MRSA §6852, sub-§2-A, ¶E is enacted to read:
E.  Shellstock bought from an aquaculture license holder licensed under section 
6810-B.
SUMMARY
This bill accomplishes the following.
1.  It amends the definition of “scallop” to include bay scallops.
2.  It amends a definition of “shellfish” to include scallops.
3.  It amends the definition of “whole scallop” to exclude the adductor muscle on the 
shell.
4.  It clarifies that a license-holding member of the Passamaquoddy Tribe, Penobscot 
Nation, Aroostook Band of Micmacs or Houlton Band of Maliseet Indians is not required 
to complete the lobster fishery apprentice program if the license applicant has completed 
an apprentice program that satisfies the tribe, nation or band.
5. It replaces a license exemption for personal use to the commercial halibut fishing 
license, adds a violation for fishing for halibut without a commercial halibut fishing license 
and requires the Commissioner of Marine Resources to adopt rules for commercial halibut 
fishing licenses.
6. It allows the holder of an enhanced retail certificate to purchase shellfish from the 
holder of an aquaculture license.
7. It corrects cross-references in the administrative suspension process for licenses and 
certificates issued under marine resources laws.