CHAPTER 434
H.P. 1013 - L.D. 1449
An Act To Amend Maine's Shellfish Laws To Maintain Compliance with Federal Law and Protect Maine's Shellfish Industry
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA c. 420, as amended, is repealed.
Sec. 2. 12 MRSA §6103, as amended by PL 1991, c. 784, §4, is further amended to read:
§6103. Implementation of fishery product or shellfish inspection programs
The Commissioner of Agriculture, Food and Rural Resources and the Commissioner of Marine Resources shall cooperate in developing and implementing any fishery product or shellfish inspection programs, including any national seafood inspection program developed and administered under chapter 420. Those programs must meet the standards established by the Commissioner of Agriculture, Food and Rural Resources under the Maine Food Law.
Sec. 3. 12 MRSA §6301, sub-§2, ¶D, as amended by PL 1995, c. 492, §2, is further amended to read:
D. A shellfish sanitation certificate issued under section 6856 expires on April 30th May 31st of each year;
Sec. 4. 12 MRSA §6601, as amended by PL 2003, c. 20, Pt. WW, §11, is further amended to read:
§6601. Commercial shellfish license
1. License required. A person may not engage in the activities authorized under this section without a current commercial shellfish license or other license issued under this Part authorizing the activities.
2. Licensed activities. The holder of a commercial shellfish license may fish for or, take shellfish or, possess, ship or transport shellfish within the state limits or sell shellstock the holder has taken to a wholesale seafood license holder certified under section 6856. The holder may also shuck, in the holder's home, shellfish sell shellstock the holder has taken and sell those shucked shellfish from that license holder's home in the retail trade. This license does not authorize the holder to fish for or take shellfish in violation of a municipal ordinance adopted pursuant to section 6671.
3. Eligibility. A commercial shellfish license may be issued only to an individual who is a resident.
4. Personal use exception. Any A person may take or possess no more than 1/2 bushel of shellfish shellstock or 3 bushels of "hen" or "surf" clams for personal use in one day without a license, unless municipal ordinances further limit the taking of shellfish.
5. Fee. The fee for a commercial shellfish license is $115.
6. Definition. For the purposes of this subchapter, "shellfish" means shellstock clams, quahogs other than mahogany quahogs, oysters and includes shellstock and shucked shellfish oyster shellstock.
8. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.
Sec. 5. 12 MRSA §6625, as enacted by PL 1993, c. 497, §3, is amended to read:
§6625. Identification and tagging of shellfish
1. Tagging required. The holder of a commercial shellfishing license issued under section 6601, 6731, 6732, 6745 or 6746 shall identify shellfish shellstock the license holder has taken by means of a harvester's tag. The tag must be consistent with the format required by the department under rules adopted under this section to meet this requirement. Each container, hod or bag of shellstock must be tagged prior to landing the shellstock in accordance with department rules. The tag must accompany the harvested product while the product is in wholesale or retail commerce within the State.
2. Exception. A commercial shellfish license holder who is certified under section 6856 is not required to tag shellfish at the time of harvest.
3. Rules. The commissioner may adopt or amend rules that establish requirements for shellfish harvesters' tags.
Sec. 6. 12 MRSA §6676, as enacted by PL 1985, c. 48, §2, is amended to read:
§6676. Summary of municipal ordinances
The department shall prepare a summary description of all municipal shellfish ordinances, which shall must include, but not be limited to, a listing for each municipality of the license application period, fee structure, and number of licenses available to residents and nonresidents. The department shall update the summary and publish the summary every 6 months in a trade or industry journal which make it available to the public in a manner that the commissioner considers to be effective in reaching the persons affected.
Sec. 7. 12 MRSA §6731, sub-§2, ¶¶B and C, as enacted by PL 1989, c. 828, §2, are amended to read:
B. Possess, ship or transport mahogany quahogs within the State; or
C. Sell mahogany quahogs that the holder has taken to a wholesale seafood license holder certified under section 6856.
Sec. 8. 12 MRSA §6732, sub-§§1 and 2, as amended by PL 2001, c. 421, Pt. B, §43 and affected by Pt. C, §1, are further amended to read:
1. License required. A person may not engage in the activities authorized under this section without a current commercial shellfish license or other license issued under this Part authorizing the activities.
2. Licensed activities. The holder of a commercial shellfish license may fish for or take quahogs, other than mahogany quahogs, or possess, ship or transport quahogs within the state limits or sell quahogs the holder has taken to a wholesale seafood license holder certified under section 6856.
Sec. 9. 12 MRSA §6745, sub-§§2 and 4, as amended by PL 2001, c. 421, Pt. B, §44 and affected by Pt. C, §1, are further amended to read:
2. Licensed activity. The holder of a hand-raking mussel license may take mussels by hand raking or possess, ship, or transport mussels within the state limits or sell mussels the holder has taken to a wholesale seafood license holder certified under section 6856.
4. Exception. In any one day, a person may take or possess not more than 2 bushels of shell mussels shellstock for personal use without a mussel license.
Sec. 10. 12 MRSA §6746, sub-§2, as amended by PL 2001, c. 421, Pt. B, §45 and affected by Pt. C, §1, is further amended to read:
2. Licensed activity. A boat license under this section may be used for dragging for mussels. The holder of a mussel boat license may also possess or transport mussels within the state limits or sell mussels the holder has taken to a wholesale seafood license holder certified under section 6856. The license also authorizes the captain and crew members aboard the licensed boat when engaged in dragging for mussels to undertake these activities.
Sec. 11. 12 MRSA §6852, sub-§2, as amended by PL 1989, c. 348, §§10 and 11, is further amended to read:
2. License activity. The holder of a retail seafood license may, in the retail trade within the state limits, buy, sell, transport, ship or serve:
A. Shellstock or lobsters and shucked shellfish if they are bought from a wholesale seafood license holder certified under section 6856;
B. Shucked shellfish, if they are bought from a wholesale seafood license holder certified under section 6856;
C. Lobster parts or meat, if they are properly permitted under section 6857, or have been lawfully imported; or
D. Crayfish.; or
E. Lobsters.
Sec. 12. 12 MRSA §6852, sub-§6 is enacted to read:
6. Rules. The commissioner may adopt or amend rules that establish requirements for retail seafood license holders concerning:
A. The minimum sanitation standards for establishments and vehicles;
B. The sanitation and quality control standards for shellfish and whole scallops and their products;
C. The methods for handling, shipping and transporting of shellfish and whole scallops;
D. The records and reports of purchases, shipping and transporting of shellfish and whole scallops;
E. The labeling or marking of shipments of shellfish and wholesale scallops; and
F. The protection of public health.
Rules adopted pursuant to this subsection must be based on the particular operational requirements of each activity, the most recently adopted federal sanitation standards and the most recent generally accepted research data and must be designed to protect the public health and safety while allowing reasonable use of shellfish and whole scallops. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
Sec. 13. 22 MRSA §2152, sub-§4-A, ¶B, as enacted by PL 1995, c. 331, §1, is amended to read:
B. Fish and shellfish processing establishments inspected under Title 12, section 4682, 6101, 6102 or 6856;
Sec. 14. Department of Marine Resources to develop tiered wholesale seafood dealer's license. The Department of Marine Resources shall develop a tiered wholesale seafood dealer's license based on the amount of seafood that a wholesale seafood dealer handles. The department shall report back to the Joint Standing Committee on Marine Resources with its recommendations, including any proposed legislation, no later than January 13, 2006. The department may submit legislation to the Legislature at the time it submits its report to the committee.
Sec. 15. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Division of Community Resource Development 0043
Initiative: Deappropriates funds that are no longer needed for certain publication costs.
GENERAL FUND 2005-06 2006-07
All Other ($2,500) ($2,500)
__________ __________
GENERAL FUND TOTAL ($2,500) ($2,500)
Effective September 17, 2005.
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