Maine Seafood Alliance, representing and advocating for all aspects of the Maine seafood industry.

Current Issues

Issues and Concerns Being Addressed by MSA

MSA is monitoring legislative action and providing input to the Marine Resources Committee.

Legislative Issues

123 Maine Legislature Second Regular Session
Marine Resources Bills-As Passed
LD 1957 An Act To Restore Diadromous Fish in the St. Croix River
§ 6134. Alewives passage; fishways on the St. Croix River
This section governs the passage of alewives on the Woodland Dam and the Grand Falls Dam located on the St. Croix River.
1. Woodland Dam. By May 1, 2008, the commissioner and the Commissioner of Inland Fisheries and Wildlife shall ensure that the fishway on the Woodland Dam is configured or operated in a manner that allows the passage of alewives.
2. Grand Falls Dam. The commissioner and the Commissioner of Inland Fisheries and Wildlife shall ensure that the fishway on the Grand Falls Dam is configured or operated in a manner that prevents the passage of alewives.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
LD 1958 An Act To Make Marine Resources Management More Responsive
5. Rules to limit taking of marine organisms. The commissioner may adopt rules that limit the taking of a marine organism for the purpose of protecting another marine organism.
A. Rules adopted pursuant to this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A.
B. If the commissioner determines that for biological reasons a rule adopted under this section must take effect prior to final adoption under paragraph A, the commissioner may adopt the rule as a routine technical rule pursuant to Title 5, chapter 375, subchapter 2-A. A rule adopted under this paragraph is effective until 90 days after the adjournment of the next regular session of the Legislature. Rules adopted pursuant to this paragraph must also be submitted to the Legislature under paragraph A. The commissioner may not adopt rules under Title 5, section 8054 pursuant to this paragraph.
LD1980 An Act To Preserve the Cobscook Bay Scallop Fishery
Summary
This bill requires the suspension of a person's scallop fishing license if that person is convicted of 3 or more violations of the scallop fishing laws in Cobscook Bay. The bill also establishes mandatory fines and allows for the seizure of all scallops on board for violations of the scallop fishing laws in Cobscook Bay.
LD2006 An Act To Give Municipalities Control of Mussels Located in Intertidal Zones
Summary
Under current law, a municipality may adopt shellfish conservation programs. This bill expands the definition of "shellfish” to include mussels.
LD 2038 PUBLIC Law, Chapter 606
An Act To Establish the Shellfish Advisory Council and To Improve the Process of Reopening Clam Flats
Emergency preamble. Whereas, acts and resolves of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the establishment of a shellfish advisory council is paramount for the proper management of Maine's shellfish resources to ensure the safe consumption of shellfish and the health of the shellfish industry; and
Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,
Be it enacted by the People of the State of Maine as follows:
PART A
Sec. A-1. 5 MRSA §12004-I, sub-§57-G is enacted to read:
57-G.
Marine Resources Shellfish Advisory Council Expenses Only 12 MRSA §6038
Sec. A-2. 12 MRSA §6038 is enacted to read:
§ 6038. Shellfish Advisory Council
1. Appointment; composition. The Shellfish Advisory Council, referred to in this section as "the council” and established by Title 5, section 12004-I, subsection 57-G, consists of 13 members who are appointed by the commissioner as follows:
A. Four members who are commercial shellfish license holders, at least 3 of whom must be primarily soft-shell clam harvesters. In making the appointments under this paragraph, the commissioner shall consider up to 6 recommendations from associations representing the interests of persons who harvest shellfish commercially;
B. Two members who are shellfish aquaculture lease holders. In making the appointments under this paragraph, the commissioner shall consider up to 3 recommendations from associations representing the interests of persons who raise shellfish under aquaculture leases;
C. One member who represents the interests of municipalities with wastewater treatment systems;
D. Two members who are licensed wholesale seafood dealers who have been issued a shellfish sanitation certificate pursuant to section 6856, subsection 1. In making the appointments under this paragraph, the commissioner shall consider up to 3 recommendations from associations representing the interests of persons who buy and sell shellfish;
E. One public member with knowledge of and interest in coastal water quality;
F. Two members who are municipal shellfish wardens. In making the appointments under this paragraph, the commissioner shall solicit and consider up to 3 recommendations for these 2 appointments from associations representing the interests of persons who protect and help manage municipal shellfish resources; and
G. One member who has been issued a shellfish depuration certificate under section 6856, subsection 3.
The commissioner shall make appointments so that the composition of the council reflects a geographic distribution along the coast of the State.
2. Purpose. The council shall make recommendations to the commissioner and the joint standing committee of the Legislature having jurisdiction over marine resources matters concerning:
A. How best to utilize state agencies, municipal governments, the shellfish industry and citizen groups to make improvements to and maintain the quality of the State's coastal waters and to expedite the opening of closed shellfish flats; and
B. Matters of interest to the State's shellfish industry, including, but not limited to, shellfish resource management, public health protection and the activities and recommendations of a multistate organization that promotes shellfish sanitation.
The council is responsible for bringing forward to the commissioner matters of concern to the shellfish industry and for assisting the commissioner with the dissemination of information to members of the shellfish industry.
3. Term. The term of a member appointed to the council is 3 years, except that a vacancy during an unexpired term must be filled in the same manner as for the original member for the unexpired portion of the member's term. A member may not serve more than 2 consecutive terms.
4. Officers. The officers of the council are the chair, vice-chair and secretary. The term of the officers is one year. The council shall elect a member of the council for each officer position at the first regular meeting of each year.
5. Meeting. The council shall meet at least once a year. It may also meet at other times at the call of the chair or the commissioner. In advance of a meeting of a multistate organization that promotes shellfish sanitation, the council shall meet to discuss matters of interest to the shellfish industry, the department and the multistate organization and to make recommendations as necessary.
6. Compensation. Council members are entitled to expenses according to Title 5, chapter 379, which are paid from the Shellfish Fund established in section 6651.
Sec. A-3. 12 MRSA §6651, sub-§2, as amended by PL 1987, c. 328, §2, is further amended to read:
2. Uses of fund. The commissioner may expend the money in the Shellfish Fund for management, enforcement, restoration, development and conservation of shellfish and mussels in the intertidal zone or coastal waters and for the costs associated with the Shellfish Advisory Council established by Title 5, section 12004-I, subsection 57-G.
Sec. A-4. Shellfish Advisory Council; staggered terms. Notwithstanding the Maine Revised Statutes, Title 12, section 6038, subsection 3, the Commissioner of Marine Resources for the original appointment of members to the Shellfish Advisory Council shall designate the first 3 appointments for one-year terms, the next 4 appointments for 2-year terms and any other appointments for 3-year terms. An initial term of one or 2 years may not be considered a full term for purposes of limiting the number of terms for which a member may serve.
PART B
Sec. B-1. Implementation of recommendations. The Department of Marine Resources, working with the federal Food and Drug Administration and interested parties, in consultation with the Shellfish Advisory Council under the Maine Revised Statutes, Title 12, section 6038, shall implement in an orderly fashion all recommendations of the review conducted pursuant to Resolve 2007, chapter 82; except that, for the recommendation of the review requiring additional staff to comply with the National Shellfish Sanitation Program model ordinance requirements, the Department of Marine Resources shall report by January 15, 2009 with a plan for implementing that recommendation to the joint standing committee of the Legislature having jurisdiction over marine resources matters.
Sec. B-2. Water quality test projects. The Department of Marine Resources shall undertake 2 or more projects within 18 months of the effective date of this Act under which a municipality contracts with a private laboratory, certified by the department, to conduct water quality tests. The department shall as part of the certification process request and review the past practices or service record for an entity that seeks to be certified by the department.
Sec. B-3. Report on test projects. The Department of Marine Resources shall submit a report by May 1, 2009 to the joint standing committee of the Legislature having jurisdiction over marine resources matters on the progress of any pilot water quality test project undertaken pursuant to section 2 of this Part. The committee may submit legislation based upon the report to the First Regular Session of the 124th Legislature.
Sec. B-4. Report. On or before February 15, 2009, the Shellfish Advisory Council under the Maine Revised Statutes, Title 12, section 6038 and the Department of Marine Resources shall report to the joint standing committee of the Legislature having jurisdiction over marine resources matters on all the activities the council and the department have undertaken pursuant to this Act, including the results of projects and the progress in implementing all of the recommendations made pursuant to Resolve 2007, chapter 82, section 4. In addition the Shellfish Advisory Council shall report on its overall structure and the appropriateness of the appointment process for the council.
Emergency clause. In view of the emergency cited in the preamble, this legislation takes effect when approved.
Effective April 14, 2008.
LD2039 Resolve, To Protect Public Health and Promote a Healthy Soft-shell Clam Industry
This resolve directs the Department of Marine Resources to institute a system by rule for the sale of soft-shell clams at landings by holders of commercial shellfish licenses to holders of wholesale seafood licenses and holders of retail seafood licenses.
LD2071 An Act To Amend Maine's Scallop Laws
SUMMARY
Current law specifies that a boat must carry a scallop boat license before a person may engage in scalloping activities.
This bill creates a requirement that a person hold a scallop dragging license and be present on the boat named on the license when the boat is engaged in dragging for scallops. This bill also restricts the issuance of scallop licenses in 2009 and thereafter to persons who had a scallop license in either the 2006 license year or the 2007 license year prior to April 15, 2007. The Commissioner of Marine Resources is required to establish a limited entry system for persons who did not possess a scallop license in the prior calendar year. This bill also increases the ring size used in the scallop fishery to 4 inches and expands the uses of the Scallop Research Fund to include the implementation of scallop management measures.
LD2137 An Act To Clarify the Licensing Requirements for Aquaculturists and Allow for the Appropriate Handling of Bycatch from Aquaculture Lease Sites
SUMMARY
This bill provides that fish that cohabitated with farmed fish in an area leased for aquaculture must be harvested and returned for appropriate disposal by the lease holder.
It also provides that the holder of an aquaculture lease is not required to hold a separate license for the removal, possession, transport or sale of certain cultured organisms from the area leased for aquaculture or licensed gear.
It establishes that commercial shellfish license holders, mussel hand-raking license holders and mussel boat license holders may use these licenses to remove, possess, transport and sell cultured shellfish they have removed from an area they lease for aquaculture.
LD2129 (LR 3045) – An Act to Make Clam Flat Status Notification More Efficient, Cost-effective and Economically Beneficial to the Shellfish Industry
SUMMARY
This bill makes the shellfish sanitation hotline and the Department of Marine Resources' website the means by which the department notifies shellfish harvesters of the opening and closing of clam flats. It also directs the department to change its rule and no longer use newspaper publication as the method of notification.
LD2156 – An Act to Amend the Laws Governing Marine Resources
SUMMARY
This bill makes the following changes to the laws governing marine resources.
1. It modifies the definition of "common carrier” to ensure that the intrastate transportation of marine organisms by common carrier is allowed.
2. It provides the Commissioner of Marine Resources the authority to dispose of property as well as acquire and hold property.
3. It corrects a conflict created when Public Law 2007, chapters 176 and 240 both amended a provision of law that governs the Marine Resources Advisory Council. It corrects the conflict by incorporating the changes made by both laws.
4. It corrects a reference regarding where United States Coast Guard funding should be deposited within the Department of Marine Resources.
5. It creates the Watercraft Fund within the Department of Marine Resources.
6. It creates the Halibut Fund within the Department of Marine Resources.
7. It creates an exception to the prohibition against the possession, buying or selling of Atlantic salmon for those fish that have been legally obtained from a licensed private fee pond and are tagged in conformance with rules adopted by the Commissioner of Marine Resources.
8. It creates a mandatory suspension based on 3 or more convictions of possessing oversize sea urchins.
9. It clarifies that an individual who is under 18 years of age and living year round on an island that is not connected to the mainland by an artificial structure may not be subject to being placed on a waiting list when issued a license in a limited-entry zone.
10. It provides for a portion of the fees for Class I and Class III lobster and crab fishing licenses for applicants 70 years of age and older to be deposited in the Lobster Fund.
11. It creates an exemption to limited entry in the elver fishery to allow a person whose elver fishing license was suspended for longer than a year to purchase a license in the year after the suspension is concluded.
12. It creates an exemption to allow dead marine mammals to be brought to shore for the purpose of research with written permission of the Commissioner of Marine Resources and subject to conditions imposed by the commissioner.
13. It prohibits a person from fishing for or taking mussels between sunset and sunrise.
14. It provides that half of the research surcharge on a sea urchin and scallop diving tender license is deposited into the Scallop Research Fund and half is deposited into the Sea Urchin Research Fund.
15. It creates an exemption to limited entry in the sea urchin fishery to allow a person whose urchin license was suspended for longer than a year to purchase a license in the year after the suspension is concluded.
16. It clarifies that an individual with a wholesale seafood license with lobster permit may ship lobster out of state, but may only transport within the State, unless they also hold a lobster transportation permit.
17. It adds areas covered by limited purpose leases for commercial aquaculture research and development or for scientific research, emergency aquaculture leases for shellfish relocation and the limited-purpose aquaculture license to the areas where fishing near floating equipment is prohibited.
LD 2160- An Act To Protect Shellfish Waters and Shellfish Resources from Coastal Pollution
SUMMARY
This bill requires a person transferring property containing a subsurface waste water disposal system in a coastal shoreland area to provide the transferee with certification that the system has been inspected within the last 3 years or that it is impossible to perform an inspection prior to the transfer. If the system has been inspected and found to be malfunctioning, the system must be repaired prior to the transfer or the repair must be a condition of sale. If it is impossible to inspect the system prior to the transfer, the system must be inspected and, if malfunctioning, repaired within 1 year after the transfer. The bill retains the current notification requirements for property transferred in freshwater shoreland areas.
The bill creates a process for coordinating resolution of water quality problems related to subsurface waste water disposal systems in shellfish harvesting areas, including notification, inspection and abatement order requirements. The bill also requires the Department of Health and Human Services in coordination with the Department of Marine Resources and the Department of Environmental Protection to adopt routine technical rules establishing requirements for the certification of individuals to inspect subsurface waste water disposal systems. The bill also requires the Department of Health and Human Services, the Department of Environmental Protection, the Department of Marine Resources and the Executive Department, State Planning Office to jointly develop recommendations on strategies to further abate water quality problems that affect shellfish harvesting and recreational uses of waters and that are the result of malfunctioning subsurface waste water disposal systems or licensed overboard discharge systems.