Sec. 9. 12 MRSA §6856, sub-§§1 and 2, as enacted by PL 1977, c. 661, §5, are amended to read:

1. Certified activities. A shellfish certificate authorizes a wholesale seafood sales license holder or a shellfish transportation license holder to undertake the activities expressly authorized therein, which may include buying and selling, shipping, transporting, shucking or other processing of shellfish. A wholesale seafood sales license or shellfish transportation license shall is also be necessary to undertake the activities authorized under those licenses.

2. Express authorizations. The commissioner shall expressly state the authorized activities on each shellfish certificate. The activities authorized shall must be sufficient to allow the holder to carry out his wholesale or transportation operations, provided they may be are limited to the extent required to protect the public health.

Sec. 10. 12 MRSA §6856, sub-§3, as amended by PL 1989, c. 770, §1, is further amended to read:

3. Depuration certificate. The commissioner may issue a depuration certificate to a wholesale seafood sales license holder that authorizes the holder to take shellfish from closed areas for depuration, processing and transportation. The certificate must establish limits on harvesting, depurating and processing methods and any other provisions required to assure the public safety. The commissioner may permit depuration of shellfish not contaminated by paralytic shellfish poisoning if it is established that the water used during depuration will not contaminate the shellfish with paralytic shellfish poisoning. To ensure consistency with municipal shellfish conservation programs, established pursuant to section 6671, the commissioner must consult with a municipal shellfish conservation committee before taking action to open an area within that municipality for depuration digging. The commissioner may continue to issue controlled purification certificates for areas that were restricted to depuration digging on September 1, 1989, without consulting municipalities.

Sec. 11. 12 MRSA §6857, as amended by PL 1991, c. 591, Pt. T, §19, is repealed.