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Guest
Maine has a recently made it mandatory for a clam digger to attach a tag to his clams with his name/date and where he dug them. The state is now taking clam diggers long after they sell their clams. Is this legal? The following law has been in affect since I was a kid, and I am now 55. I believe the State is manipulating the word "possess" to apply to anyone connected with short clams, whether they are in their possession or not. Any thoughts would be appreciated.
ARTICLE 5--Soft-shell Clam Management
§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 It is unlawful to possess soft-shelled clam shell stock whose shells are less than 2 inches in the largest diameter.
4. Tolerance. Any person may possess soft-shelled clams that are less than 2 inches if, beginning on the effective date of this Article, they comprise less than 30% of any bulk pile; beginning in calendar year 1985, they comprise less than 20% of any bulk pile; and beginning in calendar year 1986, they comprise less than 10% of any bulk pile. The tolerance shall be 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. Repealed. Laws 1993, c. 281, § 5.
On number 3, is it not true that when a clam buyer buys clams and they are in his "possession" that said clams belong to him? Is it possible that said clams could be tampered with, and the clam tag in the clams could possibly be tampered with? Do you think that a buyer knows full well what he is buying?
ARTICLE 5--Soft-shell Clam Management
§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 It is unlawful to possess soft-shelled clam shell stock whose shells are less than 2 inches in the largest diameter.
4. Tolerance. Any person may possess soft-shelled clams that are less than 2 inches if, beginning on the effective date of this Article, they comprise less than 30% of any bulk pile; beginning in calendar year 1985, they comprise less than 20% of any bulk pile; and beginning in calendar year 1986, they comprise less than 10% of any bulk pile. The tolerance shall be 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. Repealed. Laws 1993, c. 281, § 5.
On number 3, is it not true that when a clam buyer buys clams and they are in his "possession" that said clams belong to him? Is it possible that said clams could be tampered with, and the clam tag in the clams could possibly be tampered with? Do you think that a buyer knows full well what he is buying?