HP0514, LD 730, item 1, An Act To Establish Minimum and Maximum Size Limits for Possession of Soft-shelled Clams

An Act To Establish Minimum and Maximum Size Limits for Possession of Soft-shelled Clams

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §6681, sub-§1, as enacted by PL 1983, c. 838, §6, is amended to read:

1. Purpose. The Legislature finds that the conservation and wise use of the State's shellfish resource may be enhanced by a 2-inch 1.5-inch minimum and 4-inch maximum size limit on possession of soft-shell clam shell stock in combination with other management programs.

The Legislature further finds that management programs should be designed to meet local circumstances as appropriate, but also finds that a minimum and a maximum size limit to be beneficial must be a uniform standard statewide.

The Legislature intends by this Article to enhance the value of the State's shellfish resource by the institution of uniform standards which that can be implemented and enforced statewide.

Sec. 2. 12 MRSA §6681, sub-§§3 and 4, as amended by PL 2003, c. 452, Pt. F, §18 and affected by Pt. X, §2, are further amended to read:

3. Minimum and maximum size. A person may not possess soft-shelled clam shell stock whose shells are less than 2 1.5 inches or greater than 4 inches in the largest diameter:

A. If the soft-shelled clams comprise more than 10% but less than 20% of a bulk pile as determined under subsection 4;

B. If the soft-shelled clams comprise 20% or more of a bulk pile as determined under subsection 4; or

C. If the soft-shelled clams comprise 20% or more of a bulk pile as determined under subsection 4 and the person has one or more prior convictions for violating paragraph B. Title 17-A, section 9-A governs the use of prior convictions when determining a sentence.

4. Tolerance. Any person may possess soft-shelled clams that are less than 2 1.5 inches or greater than 4 inches if they comprise less than 10% of any bulk pile. The tolerance is determined by numerical count of not less than one peck nor more than 4 pecks taken at random from various parts of the bulk pile or by a count of the entire pile if it contains less than one peck.

Sec. 3. 12 MRSA §6681, sub-§6-A, as amended by PL 1997, c. 628, §2, is further amended to read:

6-A. Penalty. A person who violates this article commits a Class D crime. The following minimum penalties apply:

A. For possession of a bulk pile of shellfish of which 20% or more of the shellfish are smaller than the minimum size or larger than the maximum size established in subsection 3:

(1) For the first offense, a fine of not less than $300; and

(2) For subsequent offenses within 10 years from the date of conviction for the first violation, a fine of not less than $500.

The court may not suspend a fine imposed under this paragraph; and

B. For possession of a bulk pile of shellfish of which more than 10% but less than 20% of the shellfish are smaller than the minimum size or larger than the maximum size established in subsection 3, a fine of not less than $100 and not more than $1,000.

SUMMARY

This bill amends the laws regarding the size limit of soft-shelled clams. It decreases the minimum size from 2 inches to 1.5 inches and sets a maximum size of 4 inches.

HP0514 LD 730	Session - 128th Maine Legislature		LR 798 Item 1
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