Sec. 1. 12 MRSA §6671, sub-§3, as repealed and replaced by PL 1989, c. 257, §3, is amended to read:

3. Shellfish conservation ordinance. Within any area of the municipality, a shellfish conservation ordinance may regulate or prohibit the possession of shellfish; may fix the amount of shellfish that may be taken; may provide for enforcement, protection and evaluation of a green crab fencing program; and may authorize the municipal officers officials to open and close flats under specified conditions. An ordinance shall must limit the size of soft-shell clams in accordance with article 5. 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.

Sec. 2. 12 MRSA §6671, sub-§3-A, ¶E, as enacted by PL 1989, c. 257, §§4 and 5, is amended to read:

E. The municipality shall provide and reserve a minimum number of commercial licenses of each class for nonresidents which shall be that is a number not less than 10% of the number of commercial licenses in a class provided for residents. When the number of resident commercial licenses in a class is fewer than 10 but more than 5, at least one nonresident commercial license shall in that class must be provided. When the number of resident commercial licenses in a class is 5 or fewer, nonresident commercial licenses shall in that class are not be required.

Sec. 3. 12 MRSA §6671, sub-§3-A, ¶F, as amended by PL 1995, c. 531, §2, is further amended to read:

F. When 2 or more municipalities have entered into a regional shellfish management agreement pursuant to subsection 7, the combined total number of commercial licenses for nonresidents provided by those municipalities for each license class must be a number not less than 10% of the combined total number of commercial licenses in a class issued for residents. When the combined total number of resident commercial licenses in a class is fewer than 10 but more than 5, at least one nonresident commercial license in that class must be provided. When the combined total number of resident commercial licenses in a class is 5 or fewer, nonresident commercial licenses in that class are not required.

Sec. 4. 12 MRSA §6671, sub-§4, ¶A, as repealed and replaced by PL 1991, c. 390, §5, is amended to read: