Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 12 MRSA §6856, sub-§3, as amended by PL 2007, c. 15, §1, is further amended to read:
Sec. 2. 12 MRSA §6856, sub-§3-A, as amended by PL 2009, c. 561, §32, is repealed.
Sec. 3. 12 MRSA §6856, sub-§3-B, as enacted by PL 2007, c. 15, §3, is repealed.
Sec. 4. 12 MRSA §6856, sub-§3-C, as enacted by PL 2007, c. 15, §4, is repealed.
Sec. 5. 12 MRSA §6856, sub-§3-D is enacted to read:
Sec. 6. 12 MRSA §6856, sub-§7, as amended by PL 2007, c. 15, §5, is repealed.
Sec. 7. 12 MRSA §6856, sub-§8, as enacted by PL 1991, c. 831, §2, is repealed.
summary
This amendment does the following.
1. It eliminates the requirement that municipalities with municipal shellfish conservation committees contact the Commissioner of Marine Resources by specific deadlines in regards to pollution abatement plans in reclassified shellfish growing areas. Instead, responsibility for municipal pollution abatement activities is given to the commissioner, who may close a shellfish growing area for municipal pollution abatement activities based on whether or not the commissioner finds pollution abatement activities will succeed. General guidelines for identifying whether pollution abatement activities are likely to succeed in a shellfish growing area are included.
2. It allows a municipality to request the commissioner to allow soft-shelled clam depuration harvesting in a closed area.
3. It moves the requirement that a depuration certificate holder maintain a generalized management plan on file with the commissioner from the Maine Revised Statutes, Title 12, section 6856, subsection 3 to a new subsection 3-D that governs soft-shelled clam depuration harvesting in municipalities with municipal shellfish conservation programs.
4. It moves provisions governing payments to municipalities from Title 12, section 6856, subsection 8 to a new subsection 3-D and requires the depuration certificate holder to include a summary of reports submitted to the Department of Marine Resources when submitting payment to a municipality.
5. It eliminates the requirement in the bill that the person holding the depuration certificate not employ more than 3 nonresidents of the municipality in which depuration harvesting will take place, as long as 15 or more resident harvesters are available. It also eliminates language that the certificate holder employ one resident harvester for every nonresident harvester to the extent possible if fewer than 15 resident harvesters are available. It adds language that the certificate holder shall engage commercial harvesters holding valid municipal and state commercial shellfish licenses, and it allows the depuration certificate holder to supplement with other commercial shellfish harvesters licensed in the State if insufficient municipally licensed commercial harvesters are available.
FISCAL NOTE REQUIRED
(See attached)