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An Act To Allow Certain Municipal Shellfish Conservation Wardens To Seize and Sell Marine Organisms Taken in Violation of a Shellfish Conservation Ordinance
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6671, sub-§8, ¶D  is enacted to read:
 
D.  A certified municipal shellfish conservation warden who meets the requirements of Title 25, section 2804-I and who is authorized by the municipality to arrest violators of a shellfish conservation ordinance may seize and sell any marine organism taken by an alleged violator in connection with the alleged violation. The proceeds of the sale of the seized marine organism must be retained by the municipality pending disposition of the civil or criminal proceedings against the alleged violator. The proceeds must be used by the municipality in connection with its shellfish conservation program if the alleged violator is convicted or adjudicated of having committed a violation of the shellfish conservation ordinance. The proceeds must be returned to the alleged violator if there is no conviction or adjudication of having committed a violation of the shellfish conservation ordinance.
 
SUMMARY
This bill allows a municipal shellfish conservation warden who has completed the training required to make arrests to seize and sell any marine organism taken in connection with an alleged violation of a shellfish conservation ordinance. The proceeds of the sale must be held pending disposition of the proceedings against the alleged violator, at which time the proceeds must either be returned to the person or retained by the municipality to use in connection with its shellfish conservation program.