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An Act To Improve Commercial Production of Shellfish by Allowing Municipalities To Establish Active Municipal Shellfish Management Areas
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6671, sub-§3, ¶A, as amended by PL 2017, c. 350, §1, is further amended to read:
 
A. Within any area of the intertidal zone within the municipality, a shellfish conservation ordinance may:
 
(1) Regulate or prohibit the possession of shellfish;
 
(2) Fix the amount of shellfish that may be taken;
 
(3) Provide for protection from shellfish predators;
 
(4) Authorize the municipal officials to open and close flats under specified conditions; and
 
(5) Specify areas of the intertidal zone in which the dragging of mussels may be limited to the degree necessary to support a municipal shellfish conservation program.; and
 
(6) In accordance with subsection 3-B, establish active municipal shellfish management areas within the intertidal zone where a person licensed under this section is permitted by the municipality to employ and develop methods that enhance commercial production of shellfish, including but not limited to the use of protective netting, traps, cages and boxes.
Sec. 2.  12 MRSA §6671, sub-§3-B  is enacted to read:
 
3-B.  Active municipal shellfish management areas.     A municipality that establishes active municipal shellfish management areas in its shellfish conservation ordinance shall ensure the following:
 
A.  Active municipal shellfish management areas do not encompass more than 10% of the intertidal zone within the municipality that is regulated by a shellfish conservation ordinance;
 
B.  Only a person authorized by the municipality to engage in permitted activities in an active municipal shellfish management area may harvest marine organisms in the area;
 
C.  Each person licensed under this section and authorized by the municipality to engage in permitted activities in an active municipal shellfish management area is limited to engage in those permitted activities on no more than 2 acres of the intertidal zone;
 
D.  An active municipal shellfish management area is not established in areas closed by the commissioner;
 
E.  Any shellfish harvested in an active municipal shellfish management area complies with minimum size requirements;
 
F.  An active municipal shellfish management area is clearly marked with signs that identify that it has been designated as an active municipal shellfish management area and that harvesting of marine organisms is restricted to only those persons that have been authorized by the municipality; and
 
G.  Any gear used, such as protective netting, traps, cages and boxes, is no more than 18 inches above the sediment.
 
On an annual basis, a person authorized by the municipality to engage in permitted activities in an active municipal shellfish management area shall report any findings and landings data to the department.
Sec. 3. 12 MRSA §6671, sub-§10, ¶A, as amended by PL 2005, c. 171, §2, is further amended to read:
 
A. For harvesting shellfish from an area closed for conservation purposes or for harvesting marine organisms in violation of the requirements of an active municipal shellfish management area:
 
(1) For the first offense by a commercial license holder, a fine of not less than $300;
 
(2) For subsequent offenses by a commercial license holder, a fine of not less than $500 and not more than $1,500;
 
(3) For the first offense by a recreational license holder, a fine of not less than $100; and
 
(4) For subsequent offenses by a recreational license holder, a fine of not less than $100 and not more than $500; or
 
SUMMARY
This bill allows a municipality in its municipal shellfish conservation ordinance to establish active municipal shellfish management areas where a person licensed under the ordinance may employ and develop methods that enhance commercial production of shellfish, which include but are not limited to protective netting, traps, cages and boxes. This bill requires that:
1. Active municipal shellfish management areas do not encompass more than 10% of the intertidal zone;
2. Only a person authorized by the municipality to engage in permitted activities in an active municipal shellfish management area may harvest any marine organisms;
3. Each person authorized to engage in permitted activities in an active municipal shellfish management area is limited to engage in those activities on no more than 2 acres of the intertidal zone;
4. An active municipal shellfish management area may not be established in areas closed by the Commissioner of Marine Resources;
5. Any shellfish harvested in an active municipal shellfish management area must comply with minimum size requirements;
6. An active municipal shellfish management area is clearly marked with signs that identify that it has been designated as an active municipal shellfish management area and that harvesting of marine organisms is restricted to only those persons that have been authorized by the municipality;
7. Any gear used in an active municipal shellfish management area is no more than 18 inches above the sediment; and
8. A person engaged in permitted activities in an active municipal shellfish management area report any findings and landing data to the Department of Marine Resources.
This bill specifies that a person that harvests any marine organisms from an active municipal shellfish management area in a manner that is not in accordance with law or a municipal shellfish conservation ordinance commits a Class D crime and the fines that are to be applied are the same as those imposed on a person that harvested shellfish from an area closed for conservation purposes that is in current law.