An Act To Ensure Participation and Equity in the Shellfish Depuration Certification and Compensation Process for Municipalities
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6856, sub-§3-D, ¶A-1 is enacted to read:
A-1. When the commissioner determines that a municipal area is appropriate for depuration certification under this subsection, the commissioner shall, at least 3 working days prior to granting the depuration certificate to the wholesale seafood license holder, provide a copy of the depuration certificate application to the municipality, to the marine warden or wardens assigned to the municipality and, if a municipal shellfish management committee has been established pursuant to section 6671, subsection 2, to the municipal shellfish management committee.
Sec. 2. 12 MRSA §6856, sub-§3-D, ¶B, as enacted by PL 2011, c. 175, §5, is amended to read:
B. In conducting depuration harvesting activities under this subsection, a person holding a depuration certificate shall engage commercial harvesters holding valid municipal and state commercial shellfish licenses. If there are insufficient municipally licensed commercial shellfish harvesters, the depuration certificate holder may supplement with other commercial shellfish harvesters licensed in the State. When a depuration certificate is granted under this section, the depuration certificate holder shall notify the municipality, the marine warden or wardens assigned to that municipality and the municipally licensed commercial shellfish harvesters in the municipality in which depuration is to be conducted of the date of depuration harvesting with a minimum of 48 hours' notice. Notification must include posting at the municipality's municipal offices. Notification must include a clear delineation of the area in which the depuration is to be conducted, the time of the harvest and contact information for the depuration certificate holder. The depuration certificate holder shall hire and pay the municipally licensed commercial shellfish harvesters at the same rate as any other licensed harvesters hired for the activity.
Sec. 3. 12 MRSA §6856, sub-§3-D, ¶D, as enacted by PL 2011, c. 175, §5, is amended to read:
D. A depuration certificate holder shall pay each municipality an amount equal to 50¢ 25% of the current market value for each bushel of soft-shelled clams taken in that municipality under the depuration certificate. When submitting payment to a municipality under this paragraph, the depuration certificate holder shall include a summary of reports submitted to the department pursuant to rules adopted under subsection 4.
Sec. 4. 12 MRSA §6856, sub-§3-D, ¶E is enacted to read:
E. A depuration certificate holder found by the department to be in noncompliance with any provision of this subsection is prohibited from engaging in depuration activities under this subsection for a period of one year from the date of the department's finding.
SUMMARY
This bill amends the laws concerning the shellfish depuration harvesting process to clarify communication between the Department of Marine Resources, municipalities, depuration certificate applicants and holders and licensed commercial shellfish harvesters during the certification process. It also raises the rate of reimbursement paid to the municipality by the depuration certificate holder from 50¢ for each bushel of soft-shelled clams to 25% of the current market value for each bushel. The bill establishes a penalty for noncompliance with any provision of the law regulating the soft-shelled clam depuration harvesting process; depuration certificate holder found by the department to be in noncompliance is prohibited from engaging in depuration activities under this subsection for a period of one year from the date of the department's finding.