1. DEPARTMENT OF MARINE RESOURCES CHAPTER 4
   1. CERTIFICATION, RECERTIFICATION, REVOCATION OF CERTIFICATION FOR MUNICIPAL SHELLFISH CONSERVATION WARDEN
      1. TITLE INDEX
2. 4.10 Certification
3. 4.20 Minimum Qualifications
4. 4.30 Recertification
5. 4.40 Revocation, Suspension or Refusal to Renew Certification
6. 4.50 Performance Standards

DEPARTMENT OF MARINE RESOURCES

Chapter 4 Municipal Shellfish Conservation Warden Certification

4.10 Certification

1. A. Municipal Shellfish Conservation Wardens must obtain certification through the Maine Department of Marine Resources (MDMR). Candidates for the position of Municipal Shellfish Conservation Warden must make written application on the approved form to the MDMR for certification. Applicants may attend training, but will not receive certification until they have a formal written nomination from an appointing municipality and have passed an employment background check conducted by Maine Marine Patrol. Applicants already employed in a certified law enforcement capacity will have backgrounds reviewed for conservation violations only.
   1. B. Based on a review of the application and employment background investigation for each candidate, the MDMR will approve, conditionally approve, or deny the request for certification. Applicants will be sent written notice of the MDMR decision within thirty days of the review. If applicable, the written notice will include and identify conditions for certification or reasons for denial. Those applicants who otherwise meet conditions for certification, but do not currently hold a formal written nomination from an appointing municipality will receive conditional approval, pending Department receipt of the formal written nomination and the results of their background check.
      1. C. Municipal Shellfish Conservation Wardens who will carry a firearm during the performance of their duties or who will have the power of arrest must provide proof of certification from the Maine Criminal Justice Academy in order to achieve a MDMR certification.
         1. D. Any applicant approved or conditionally approved to become a Municipal Shellfish Conservation Warden may be granted a temporary certification waiver; however, the candidate must successfully complete the next available MDMR Municipal Shellfish Conservation Warden Certification Course. In order to maintain certifications issued under this part, individuals must complete additional training requirements at a minimum of three-year intervals. Certification or recertification waivers may only be granted by the Commissioner of the MDMR.

4.20 Minimum Qualifications

A person must meet the following minimum qualifications for certification as a Municipal Shellfish Conservation Warden:

1. A. The applicant must have a high school diploma or the equivalent.
   1. B. The applicant must have a valid motor vehicle operator’s license. If the applicant has an out of state license, a Maine license must be obtained as prescribed under Maine law.

C. The applicant must be 21 years of age or older.

1. D. The applicant must be able to read and write at a level necessary to successfully complete the Department of Marine Resources Municipal Shellfish Conservation Warden Conservation Course.
   1. E. The applicant must be able to provide reliable courtroom testimony for prosecution purposes.

4.30 Disqualifying Conduct

1. A. The applicant must not have been convicted of a violation of any marine resource law or regulation enacted or adopted under Title 12 of the Maine Revised Statutes, within the last six years. A person may make application for consideration to the Commissioner of the Department of Marine Resources or designee for a waiver of this provision.
   1. B. The applicant must have no convictions for Murder, Class A, Class B, Class C, Class D or Class E crime, unless the act committed was a Class D or E crime and a violation of Title 12 Maine Revised Statutes and was committed prior to the last six years. A person may make application for consideration to the Commissioner of the Department of Marine Resources or their designee for a waiver of this provision.
      1. C. The applicant must not falsify or misrepresent any information during the application process or background investigation.

4.40 Recertification

1. A. Should an individual’s certification not be renewed or maintained, the person must apply in writing to the MDMR for recertification.
   1. B. An individual must complete certification training through the MDMR before certification may be reinstated under this section.

4.50 Revocation, Suspension or Refusal to Renew Certification

1. A. The Commissioner of the MDMR may revoke or deny certification if one or more of the following conditions exists:

1. An individual fails to meet the performance standards set forth in Chapter 4.60;
2. An individual faces disciplinary action or certification sanctions pursuant to 25 M.R.S §2806-A.
3. An individual violates a marine resources law or regulation;

1. (4) Conditions imposed under a conditional certification have not been satisfied;
   1. (5) An individual fails to successfully complete or maintain the required certification training;
      1. (6) An individual does not meet, or no longer meets, the minimum qualifications set forth in Chapter 4.20 or;
         1. (7) An individual has engaged in “disqualifying conduct” established in Chapter 4.30.
         2. B. Any suspension, revocation or refusal to renew a Municipal Shellfish Conservation Warden certificate pursuant to Chapter 4.50 shall require notice and allow opportunity for a hearing in accordance with 5 M.R.S. Chapter 375, subchapter 4.

4.60 Performance Standards

All Municipal Shellfish Conservation Wardens shall:

1. A. Enforce the municipality's shellfish conservation ordinance in accordance with the law;
   1. B. Enforce the minimum size shellfish laws and regulations (12 M.R.S. §6681 and DMR Chapters 10 &14) for all shellfish species included in the municipality’s shellfish conservation ordinance, or stricter minimum size(s) if defined in the municipality’s shellfish conservation ordinance.
      1. C. Enforce contaminated and polluted flats (12 M.R.S. §6172 and §6621), and serve all processes pertaining to the local municipal ordinance.
         1. D. Adhere to principles of effective law enforcement to include, but not limited to:

1. Proper use of force;
2. Adherence to rules of evidence and legal procedure; and

1. (3) Proper use of arrest and summonsing powers.
   1. CHAPTER 4

      CERTIFICATION, RECERTIFICATION, REVOCATION OF CERTIFICATION FOR MUNICIPAL

      SHELLFISH CONSERVATION WARDEN

      INDEX

      EFFECTIVE DATE:

      March 19, 2001 – Sections 4.10, 4.20, 4.30, 4.40 & 4.50; language transferred and

      amended from Chapter 3.

      April 16, 2013 Sections 4.10, 4.20, 4.30, 4.40 & 4.50 amended

      November 15, 2016 – Repeal and Replace

      March 19, 2024 – Sections 4.10, 4.20, 4.50 & 4.60 amended – filing 2024-063