| | | Be it enacted by the People of the State of Maine as follows: |
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| | | Sec. 1. 12 MRSA §6671, sub-§2, as amended by PL 1995, c. 531, §1, is | | further amended to read: |
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| | | 2. Municipal program and ordinance. Any municipality may, by | | vote of its legislative body, adopt, amend or repeal a shellfish | | conservation ordinance regulating the possession of shellfish or | | periwinkles in any area of the municipality as provided by this | | section. A municipal shellfish management committee comprised of | | residents of that municipality may be established to administer a | | municipal program. |
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| | | Sec. 2. 12 MRSA §6671, sub-§3, as repealed and replaced by PL 1989, c. | | 257, §3, is amended to read: |
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| | | 3. Shellfish conservation ordinance. Within any area of the | | municipality, a shellfish conservation ordinance may regulate or | | prohibit the possession of shellfish or periwinkles; may fix the | | amount of shellfish or periwinkles that may be taken; may provide | | for enforcement, protection and evaluation of a green crab | | fencing program; and may authorize the municipal officers to open | and close flats under specified conditions. An ordinance shall | | must limit the size of soft-shell clams in accordance with | | article 5. Except as provided in section 6621, subsection 3, | | paragraph C, a program or ordinance may not allow surveying, | | sampling or harvesting of shellfish or periwinkles in areas | | closed by regulation of the commissioner. |
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| | | Sec. 3. 12 MRSA §6671, sub-§3-A, ķA, as amended by PL 1993, c. 456, §1, | | is further amended to read: |
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| | | A. A person is not required to hold a shellfish license | | issued by the commissioner under section 6601 or a | | commercial fishing license issued by the commissioner under | | section 6501 in order to obtain a municipal commercial | | license. A municipality may issue licenses under this | | section regardless of whether or not the area has been | closed by the commissioner. A person taking shellfish from | a closed area for depuration under a depuration certificate | issued by the commissioner is not required to hold a | municipal shellfish license. |
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| | | Sec. 4. 12 MRSA §6671, sub-§4-A, as enacted by PL 1983, c. 418, is | | amended to read: |
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| | | 4-A. State parks. The commissioner shall consult with the | | Commissioner of Conservation in review of any municipal ordinance | | that affects intertidal areas located within state parks. The | | commissioner may not approve any ordinance that threatens any |
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