§ 12 §6671 — Municipal shellfish conservation programs

Maine § 12 §6671

• Jurisdiction: Maine
• Title 12: CONSERVATION
• Part 9: MARINE RESOURCES
• Ch. 623: SHELLFISH, SCALLOPS, WORMS AND MISCELLANEOUS LICENSES

Text

1.
Municipal funds.
Any municipality may, by vote of its legislative body, raise and appropriate money for the implementation of a shellfish conservation program.
1-A.
Municipal fines.
In accordance with Title 30‑A, section 3001, a fine collected pursuant to this section must be paid to the municipality in which the violation occurred.
2.
Municipal program and ordinance.
Any municipality may, by vote of its legislative body, adopt, amend or repeal a shellfish conservation ordinance as provided by this section. A municipality may establish a municipal shellfish management committee to administer a municipal program.
3.
Shellfish conservation ordinance.
The following provisions govern a shellfish conservation ordinance.
3-A.
Shellfish conservation licensing.
A shellfish conservation ordinance may fix the qualifications for a license, including municipal residency, subject to the following provisions.
4.
Adoption requirements.
Shellfish conservation ordinances may be adopted under this section by municipalities or unorganized townships.
4-A.
State parks.
The commissioner shall consult with the Commissioner of Agriculture, Conservation and Forestry in review of any municipal ordinance that affects intertidal areas located within state parks. The commissioner may not approve any ordinance that threatens any important resources or provides insufficient opportunity for recreational shellfish harvesting within state parks.
4-B.
Management program approval.
The commissioner may adopt rules that set the criteria that municipal shellfish conservation programs and ordinances must meet in order to be approved by the commissioner.
5.
Period of ordinance.
Ordinances or amendments to an ordinance adopted under this section remain in effect until repealed by the municipality or rescinded by the commissioner. A certified copy of the ordinance or amendment to the ordinance must be filed with the commissioner within 20 days of its adoption. If a copy of the ordinance or an amendment to the ordinance is not filed within 20 days, the ordinance reverts to the ordinance previously in effect until the new ordinance or amendment is filed.
6.
Municipality defined.
For the purposes of this section, municipality includes:
7.
Joint programs; reciprocal privileges.
Municipalities may enter into regional shellfish management agreements with other municipalities and adopt regional shellfish management programs. The agreements, and the programs and ordinances adopted under them, are subject to the same requirements as municipal programs and ordinances. Resident privileges of one municipality in a regional shellfish management agreement may be extended to the residents of other municipalities in the agreement. A regional shellfish management committee comprised of at least one resident from each municipality named in the regional agreement may be established to administer a regional program.
8.
Local enforcement.
The following provisions apply to enforcement.
9.
Penalty.
10.
Criminal penalty.
A person who violates a provision of a municipal ordinance adopted under this section commits a Class D crime punishable by the following fines:
10-A.
Civil penalty.
A person who harvests shellfish without a municipal shellfish license or in violation of a license restriction commits a civil violation for which the following fines may be adjudged:
10-B.
Molesting municipal shellfish gear placed in protected areas.
A municipality may, as part of a municipal shellfish conservation program, place protective netting, fencing, traps or other gear in the intertidal zone to provide protection from shellfish predators. Any netting, fencing, traps or other gear placed for this purpose must be clearly marked with signs or tags that identify the municipality that placed the gear and indicate the purpose of the gear.
10-C.
Prohibition.
11.
Certificate as evidence.
A certificate of the clerk of the municipality or any other custodian of the records of a municipal shellfish conservation ordinance adopted under this section stating what the records of the municipality show is admissible as evidence in all courts as proof of the municipal records. A certificate stating that the records do not show that a person held a license is prima facie evidence that the person did not hold the license on the date specified in the certificate. A certificate stating that the records show that a shellfish conservation ordinance or portions of an ordinance were in effect on a particular date is prima facie evidence that the ordinance was in effect on the date specified in the certificate. The certified copy is admissible in evidence on the testimony of a municipal shellfish conservation warden that the warden received the certificate after requesting it from the municipality. Further foundation is not necessary for the admission of the certificate.
12.
Intertidal mussel harvesting.
With the advice of the municipality, the commissioner may issue a permit to an individual licensed pursuant to section 6746 that authorizes the permit holder to fish for and take mussels from an area designated by the municipality pursuant to subsection 3. The commissioner shall limit the number of permits issued for a designated area to that number the commissioner determines is necessary to achieve the goals of the municipality's shellfish conservation program. The permit may specify limits on the amount of mussels taken, when the mussels may be taken and gear usage and any other conditions necessary for consistency with the shellfish conservation program.
For the purposes of this section, "intertidal zone" means the shores, flats or other land below the high-water mark and above subtidal lands.

Legislative History

PL 1977, c. 661, §5 (NEW). PL 1979, c. 608, §§1-3 (AMD). PL 1983, c. 283 (AMD). PL 1983, c. 418 (AMD). PL 1983, c. 689 (AMD). PL 1983, c. 838, §§2-5 (AMD). PL 1985, c. 48, §1 (AMD). PL 1985, c. 52, §2 (AMD). PL 1985, c. 259 (AMD). PL 1985, c. 737, §§A28,29 (AMD). PL 1987, c. 402, §A96 (AMD). PL 1987, c. 816, §KK13 (AMD). PL 1987, c. 867 (AMD). PL 1989, c. 257, §§3-5 (AMD). PL 1991, c. 29 (AMD). PL 1991, c. 242, §3 (AMD). PL 1991, c. 390, §§5-7 (AMD). PL 1991, c. 784, §6 (AMD). PL 1991, c. 831, §1 (AMD). PL 1993, c. 281, §§3,4 (AMD). PL 1993, c. 456, §1 (AMD). PL 1995, c. 75, §1 (AMD). PL 1995, c. 531, §§1-3 (AMD). PL 1997, c. 247, §§1,2 (AMD). PL 1997, c. 589, §1 (AMD). PL 1997, c. 589, §2 (AFF). PL 1999, c. 255, §§1-7 (AMD). PL 1999, c. 255, §8 (AFF). PL 1999, c. 682, §1 (AMD). PL 2001, c. 101, §1 (AMD). PL 2001, c. 188, §§1-8 (AMD). PL 2001, c. 667, §B6 (AMD). PL 2003, c. 284, §§1,2 (AMD). PL 2005, c. 171, §§1-3 (AMD). PL 2007, c. 494, §§1, 2 (AMD). PL 2009, c. 24, §1 (AMD). PL 2011, c. 657, Pt. W, §6 (REV). PL 2013, c. 301, §14 (AMD). PL 2013, c. 468, §31 (AMD). PL 2013, c. 517, §1 (AMD). PL 2017, c. 350, §§1, 2 (AMD). PL 2019, c. 144, §§1-3 (AMD).