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A-1. The following exceptions apply. |
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| | | (1) An individual is not required to hold a shellfish | | license issued by the commissioner under section 6601 | | in order to obtain a municipal commercial license. |
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| | | (2) A municipality may issue licenses under this | | section regardless of whether or not the area has | | been closed by the commissioner. |
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| | (3) An individual taking shellfish from a closed | | approved or restricted area for depuration under a | | depuration certificate issued by the commissioner is | | not required to hold a municipal shellfish license. |
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| | | Sec. 4. 12 MRSA §6743, sub-§3, as enacted by PL 1981, c. 297, §4, is | | repealed. |
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| | | Sec. 5. 12 MRSA §6747, sub-§3, as enacted by PL 1987, c. 328, §3, is | | repealed. |
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| | | Sec. 6. 12 MRSA §6856, sub-§3, as amended by PL 1989, c. 770, §1, is | | further amended to read: |
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| | | 3. Depuration certificate. The commissioner may issue a | | depuration certificate to a wholesale seafood license holder | that authorizes the holder to take shellfish from closed | | designated__by the commissioner as approved or restricted for | | depuration, processing and transportation. The certificate | | must establish limits on harvesting, depurating and processing | methods and any other provisions required to assure | | public safety. The commissioner may permit depuration of | | shellfish not contaminated by paralytic shellfish poisoning | | if, during depuration, a continual particle filtration process | | is used and it is established that the water used during | | depuration will not contaminate the shellfish with paralytic | | shellfish poisoning. To ensure consistency with municipal | | shellfish conservation programs, established pursuant to | | section 6671, the commissioner must consult with a municipal | | shellfish conservation committee before taking action to open | | an area within that municipality for depuration digging. The | | commissioner may continue to issue controlled purification | | certificates for areas that were restricted to depuration | | digging on September 1, 1989, without consulting | | municipalities. |
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| | | Sec. 7. 12 MRSA §6856, sub-§4, ¶D, as amended by PL 2001, c. 112, §3, | | is further amended to read: |
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