Maine § 6681. - Soft-shell clam management
Full text of Maine Maine Revised Statutes § 6681. — Soft-shell clam management, with citation guidance and answers to common questions.
§ 6681.. Soft-shell clam management
1. Purpose. The Legislature finds that the conservation and wise use of the State's shellfish resource may be enhanced by a 2-inch minimum 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 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 can be implemented and enforced statewide.
2. Definition. For the purposes of this subchapter, "possess" means dig, take, harvest, ship, transport, hold, buy and sell retail and wholesale soft-shelled clam shell stock.
3. Minimum size. A person may not possess soft-shelled clam shell stock whose shells are less than 2 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; [PL 2003, c. 452, Pt. F, §18 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
B. If the soft-shelled clams comprise 20% or more of a bulk pile as determined under subsection 4; or [PL 2003, c. 452, Pt. F, §18 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
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. [PL 2003, c. 452, Pt. F, §18 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
4. Tolerance. Any person may possess soft-shelled clams that are less than 2 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.
5. Enforcement. State, county and municipal wardens and enforcement officers shall enforce this subchapter.
6. Penalty.
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 established in subsection 3:
(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 [PL 1997, c. 628, §2 (AMD).]
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 established in subsection 3, a fine not less than $100 and not more than $1,000. [PL 1993, c. 281, §6 (NEW).]
7. Sunset. This section shall be reviewed by the joint standing committee of the Legislature having jurisdiction over marine resources in the Second Regular Session of the 113th Legislature. That committee shall report its findings no later than April 1, 1988.
Frequently Asked Questions About Maine § 6681.
What does Maine Revised Statutes § 6681. cover?
Section 6681. ("Soft-shell clam management") is part of the Maine Revised Statutes, the codified statutory law of Maine. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maine § 6681.?
A common citation format is "Maine Revised Statutes § 6681." (Maine). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maine law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maine official source linked on this page or consult a licensed Maine attorney.
How does Maine § 6681. apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maine can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maine.