SP0536
LD 1452
Session - 126th Maine Legislature
 
LR 334
Item 1
Bill Tracking, Additional Documents Chamber Status

An Act To Allow Municipalities with Shellfish Conservation Ordinances To Request Permission To Prohibit Marine Worm Harvesting

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §6671, sub-§13  is enacted to read:

13 Intertidal marine worm harvesting.   A municipality that meets the criteria of subsection 4-B may request the commissioner to prohibit marine worm harvesting within an area closed through a shellfish conservation ordinance pursuant to subsection 3, paragraph A.
A A municipality must apply to the department to request a prohibition on marine worm harvesting. The application must include the following:

(1) A cover letter that identifies the proposed closed area;

(2) A map including global positioning system coordinates indicating the location of the closed area;

(3) A shellfish density survey when requested by the department; and

(4) A plan of action for closure notification to the public.

B A person who harvests or is in possession of marine worms from an area closed pursuant to this subsection commits a civil violation.

(1) A person who violates this paragraph commits a civil violation for which a fine of $300 may be adjudged.

(2) A person who violates this paragraph after having been previously adjudicated as violating this paragraph commits a civil violation for which a fine of $500 may be adjudged.

(3) A person who violates this paragraph after having been previously adjudicated as violating this paragraph 2 or more times commits a civil violation for which a fine of $1,000 may be adjudged.

Sec. 2. 12 MRSA §6751, sub-§2,  as amended by PL 2001, c. 421, Pt. B, §49 and affected by Pt. C, §1, is further amended to read:

2. Licensed activity.   The holder of a marine worm digger's license may fish for or take marine worms or possess, ship, transport or sell within the State worms the licensee has taken. This license does not authorize the license holder to fish for or take marine worms or possess, ship, transport or sell within the State worms from an area closed through a shellfish conservation ordinance pursuant to section 6671, subsection 3, paragraph A closed to marine worm harvesting pursuant to section 6671, subsection 13.

Sec. 3. 12 MRSA §6752,  as enacted by PL 1977, c. 661, §5, is amended to read:

§ 6752. Exception for personal use

Any person may take or possess not more than 125 50 marine worms in any one day for personal use without a marine worm digger's license or a marine worm dealer's license. A person may not take or possess marine worms for personal use from shellfish conservation areas closed to marine worm harvesting pursuant to section 6671, subsection 13.

summary

This bill allows a municipality with a shellfish conservation ordinance to apply to the Department of Marine Resources to request a prohibition on marine worm harvesting. It also makes it a civil violation to harvest marine worms from areas closed to the harvest and possession of marine worms.


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