1. License required. A person may not engage in the activities authorized under this section without a current commercial shellfish license or other license issued under this Part authorizing the activities.

2. Licensed activities. The holder of a commercial shellfish license may fish for or, take shellfish or, possess, ship or transport shellfish within the state limits or sell shellstock the holder has taken to a wholesale seafood license holder certified under section 6856. The holder may also shuck, in the holder's home, shellfish sell shellstock the holder has taken and sell those shucked shellfish from that license holder's home in the retail trade. This license does not authorize the holder to fish for or take shellfish in violation of a municipal ordinance adopted pursuant to section 6671.

3. Eligibility. A commercial shellfish license may be issued only to an individual who is a resident.

4. Personal use exception. Any A person may take or possess no more than 1/2 bushel of shellfish shellstock or 3 bushels of "hen" or "surf" clams for personal use in one day without a license, unless municipal ordinances further limit the taking of shellfish.

5. Fee. The fee for a commercial shellfish license is $115.

6. Definition. For the purposes of this subchapter, "shellfish" means shellstock clams, quahogs other than mahogany quahogs, oysters and includes shellstock and shucked shellfish oyster shellstock.

8. Violation. A person who violates this section commits a civil violation for which a forfeiture of not less than $100 nor more than $500 may be adjudged.

Sec. 5. 12 MRSA §6625, as enacted by PL 1993, c. 497, §3, is amended to read:

§6625. Identification and tagging of shellfish

1. Tagging required. The holder of a commercial shellfishing license issued under section 6601, 6731, 6732, 6745 or 6746 shall identify shellfish shellstock the license holder has taken by means of a harvester's tag. The tag must be consistent with the format required by the department under rules adopted under this section to meet this requirement. Each container, hod or bag of shellstock must be tagged prior to