Sec. 1. 12 MRSA §6671, sub-§2, as amended by PL 1995, c. 531, §1, is further amended to read:

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 in any area of the municipality as provided by this section. A municipality may establish a municipal shellfish management committee comprised of residents of that municipality may be established to administer a municipal program.

Sec. 2. 12 MRSA §6671, sub-§3, as amended by PL 1999, c. 255, §1 and affected by §8, is repealed and the following enacted in its place:

3.__Shellfish conservation ordinance.__The following provisions govern a shellfish conservation ordinance.

A.__Within any area of the municipality, a shellfish conservation ordinance may:

(1)__Regulate or prohibit the possession of shellfish;

(2)__Fix the amount of shellfish that may be taken;

(3)__Provide for protection from shellfish predators; and

(4)__Authorize the municipal officials to open and close flats under specified conditions.

B.__An ordinance must limit the size of soft-shell clams in accordance with article 5.

C.__Except as provided in section 6621, subsection 3, paragraph C, a program or ordinance may not allow surveying, sampling or harvesting of shellfish in areas closed by regulation of the commissioner.

Sec. 3. 12 MRSA §6671, sub-§3-A, as amended by PL 1999, c. 255, §2 and affected by §8, is further amended to read:

3-A. Shellfish conservation licensing. A shellfish conservation ordinance may fix the qualifications for a license, including municipal residency, subject to the following provisions.

A. A person is not required to hold a shellfish license