Sec. 1. 12 MRSA §6621, sub-§3, as amended by PL 1995, c. 323, §1, is further amended to read:

3. Exception. This section does not apply to:

A. The taking of shellfish under the authority of section 6856;

B. Shellfish kept or washed in waters sterilized with a system that has been approved in writing by the commissioner, if the waters are also approved for that use;

C. Municipal officials, with express written authorization from the commissioner, who are engaging in activities authorized under section 6671. Requests for exception must be submitted to the commissioner in writing stating the activities proposed and the name of the person designated by the municipal officials to supervise those activities. In addition, the municipality shall, at least 24 hours prior to engaging in the activity, notify the department of the time or times the activity authorized under this paragraph will be conducted;

D. The harvesting of shellfish from closed areas designated for purposes of relaying when harvesting is approved in writing by the commissioner consistent with regulations promulgated under section 6856; or

E. The harvesting of marine mollusks from closed areas for the use of bait or other uses not meant for human consumption, if the harvesting takes place according to rules adopted by the commissioner. The commissioner may adopt rules that permit the taking, possession, shipping, transportation and selling of marine mollusks for bait or other uses not meant for human consumption, if the rules do not jeopardize certification of the State's shellfish according to the National Shellfish Sanitation Program.

Sec. 2. 12 MRSA §6671, sub-§3, ¶C, as enacted by PL 2001, c. 188, §2, is amended to read:

C. Except as provided in section 6621, subsection 3, paragraph C, a 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, ¶A-1, as enacted by PL 2001, c. 188, §3, is amended to read: