Sec. 1. 12 MRSA §6671, sub§3-A, as amended by PL 1997, c. 589, §1 and affected by §2, is further amended to read:

3-A. Shellfish conservation license; qualifications, fees, procedures. A shellfish conservation ordinance may fix the qualifications for a license, including municipal residency, subject to the following provisions.

A. A person is not required to hold a shellfish license issued by the commissioner under section 6601 in order to obtain a municipal commercial license. A municipality may issue licenses under this section regardless of whether or not the area has been closed by the commissioner. A person taking shellfish from a closed area for depuration under a depuration certificate issued by the commissioner is not required to hold a municipal shellfish license.

B. A shellfish conservation ordinance may fix license fees as follows.

(1) If the ordinance sets a fee of $200 or less for a resident license, the fee for a nonresident license may not exceed twice the resident fee.

(2) If the ordinance sets a fee of more than $200 for a resident license, the fee for a nonresident license may not exceed 1 1/2 times the resident fee.

C. Application methods and procedures for licenses may be determined by the shellfish conservation ordinance subject to the provisions of this section. Notice of the number and the procedure for application shall must be published in a trade or industry publication or in a newspaper or combination of newspapers with general circulation which that the municipal officers consider effective in reaching persons affected not less than 10 days prior to the period of issuance and shall must be posted in the municipal offices until the period concludes. The period of issuance for resident and nonresident licenses shall be the same. Subsequent to that period, the municipality shall make any resident or nonresident licenses not granted during the period available to residents or nonresidents.

D. Except as otherwise provided in this section, a A shellfish conservation ordinance shall may not discriminate between resident license holders and nonresident license holders.