An Act To Amend the Depuration Laws
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6856, sub-§3-A, as amended by PL 2009, c. 561, §32, is further amended to read:
3-A. Municipal consultation and approval; depuration harvesting. The following provisions apply within a municipality that has a municipal shellfish conservation committee established pursuant to section 6671. Paragraphs A and B apply to shellfish growing areas that have been reclassified after before January 1, 2006 2011 from an approved to a restricted classification for water quality as defined in rule. Paragraph B-1 applies to shellfish growing areas reclassified after before January 1, 2010 2011 from a prohibited to restricted classification. Paragraphs C and D apply to all growing areas that have been reclassified from an approved to a restricted classification or from a prohibited to a restricted classification after January 1, 2011.
A. Unless the commissioner obtains the approval of the affected municipality, the commissioner may not open an area reclassified from an approved to a restricted classification for depuration harvesting for 2 years from the date of the reclassification prior to January 1, 2013 to allow the municipality to develop a pollution abatement plan under subsection 3-B.
B. A municipality must notify the commissioner within 8 weeks of a reclassification from an approved to a restricted classification of an area by June 30, 2012 whether or not it intends to develop a pollution abatement plan that includes an area that was reclassified from approved to restricted classification before January 1, 2011. If the municipality does not wish to develop a pollution abatement plan in accordance with subsection 3-B or if it fails to notify the commissioner within the 8-week period by June 30, 2012, municipal approval is not required.
B-1. Unless the commissioner obtains the approval of the affected municipality, the commissioner may not open an area reclassified from a prohibited to a restricted classification for depuration harvesting. A municipality must document to the commissioner within 4 weeks of the reclassification from a prohibited to a restricted classification before June 30, 2012 that the municipality intends to take significant measures following the reclassification to be incorporated in its pollution abatement plan. If the municipality fails to provide sufficient documentation or does not wish to develop a pollution abatement plan or if it fails to notify the commissioner within the 4-week period by June 30, 2012, municipal approval is not required. The After notifying the commissioner, the municipality must provide the commissioner a progress report on activities under its abatement plan every 6 months.
C. If a municipal shellfish conservation committee municipality has a pollution abatement plan as provided in subsection 3-B on file with the commissioner or has notified the commissioner of its intent to develop a pollution abatement plan within 3 months of a reclassification from an approved to a restricted classification or from a prohibited to a restricted classification, the commissioner must obtain the approval of the committee municipality before taking action to open an area within that municipality for depuration digging.
D. If a municipal shellfish conservation committee municipality has a depuration management plan as provided in subsection 3-C approved by the commissioner, the municipality may manage the depuration harvesting over a shellfish growing area within that municipality.
Sec. 2. 12 MRSA §6856, sub-§7, as amended by PL 2007, c. 15, §5, is further amended to read:
7. Resident depuration harvesters. Except for depuration activities conducted under subsection 3-A, paragraph D, when harvesting soft-shelled clams under a depuration certificate, the person holding the certificate shall employ no more than 3 people who are not residents of that municipality as long as there are at least 15 harvesters who are residents of that municipality available to be employed in the depuration harvest. If there are not at least 15 harvesters who are residents of that municipality, to the extent possible, the person holding the depuration certificate shall employ one person who is a resident of the municipality as harvester for every person employed as harvester who is not a resident of that municipality.
summary
This bill amends the depuration laws. It changes the date when a municipality must inform the Commissioner of Marine Resources whether it intends to develop a pollution abatement plan. It amends the conditions that apply to when the commissioner needs to get approval from a municipality before the commissioner can open an area within a municipality for depuration digging. It also requires that a person holding a depuration certificate may not employ more than 3 people who are not residents of a municipality if there are at least 15 harvesters who are residents of the municipality available for employment in the depuration harvest area.