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

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

Sec. 2. 12 MRSA §6621, sub-§3, ¶E, as enacted by PL 1995, c. 323, §1, is amended to read:

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.; or

Sec. 3. 12 MRSA §6621, sub-§3, ¶F is enacted to read:

F.__The harvesting of shellfish from river areas that are closed due to failing test results for the entire river when those areas of the river have safe test results according to department guidelines.

Sec. 4. Conditional areas of clam digging. The Department of Conservation shall post all updated water test results of clam-digging areas on its publicly accessible site on the Internet and indicate the areas closed and the areas open.

SUMMARY

The bill changes the policy for areas of rivers that are closed to the harvesting of shellfish due to poor test results that close the entire river. Only the areas that test poorly will be closed under this bill. It also requires the Department of Conservation to post water test results for clamflats on its publicly accessible site on the Internet.