Sec. 5. 12 MRSA §6671, sub-§4, ¶B, as amended by PL 1997, c. 247, §2, is further amended to read:

B. Any An ordinance proposed by a municipality or unorganized territory under this section must be approved in writing by the commissioner prior to its adoption, except that the commissioner may not withhold approval based on the amount of license fees specified in an ordinance.

Sec. 6. 12 MRSA §6671, sub-§4-B, as enacted by PL 1985, c. 52, §2, is amended to read:

4-B. Management program approval. The commissioner may promulgate regulations adopt rules that set the criteria which that must be met by municipal shellfish conservation programs and ordinances in order to obtain approval by the commissioner.

Sec. 7. 12 MRSA §6671, sub-§8, ¶C, as amended by PL 1991, c. 242, §3, is further amended to read:

C. A certified municipal shellfish conservation warden shall enforce the shellfish ordinances of the municipality employing the warden and may arrest all violators. The warden may serve all process pertaining to the ordinance. The warden also has, within that warden's jurisdiction, the powers of a marine patrol officer provided in section 6025, subsection 4. All of the powers conferred in this subsection are limited to the enforcement of a municipal shellfish conservation ordinance.

At the commissioner's request, a certified municipal shellfish conservation warden may collect samples and otherwise assist the department in the detection of pollutants and contaminants. The commissioner is not required to conduct tests on samples not requested by the commissioner.

Sec. 8. Retroactivity. This Act is retroactive to January 1, 1999.

SUMMARY

This bill clarifies that municipalities that implement municipal shellfish management programs that include