PHIPPSBURG – Commercial clam diggers have braved rough seas for years to collect the water samples used to determine whether clam flats need to be closed. But a policy change implemented this month bars them from that practice.

Officials from the Department of Marine Resources say the change was needed to avoid the appearance of a conflict of interest.

Last year, the Food and Drug Administration was looking into clamming activities on the Kennebec River, Spruce Creek in Kittery, Biddeford Pool and the Ogunquit River. During the FDA investigation, concerns were raised about allowing commercial diggers to collect water samples.

“The practice raised some eyebrows because of the perception that it could be a conflict of interest,” said Amy Fitzpatrick, director of the Department of Marine Resources’ public health division.

Commercial diggers worry that without their participation, testing will not be done promptly and clam flats will be closed unnecessarily.

Marine Resources Commissioner George LaPointe said he was assured the policy change would not result in the closure of clam flats.

Clammers say there’s no incentive for them to misrepresent data since their livelihoods would be hurt if people were sickened by clams.

“Why would I want people to get sick? It just doesn’t make sense,” said Steve Goodenow, a Woolwich clammer who has collected water samples for five years.

Richard Lemont of Phippsburg spent at least a day each month collecting samples for the state. During periods of heavy rain, he collects them more frequently.

“I’m highly irritated,” said Lemont, who has used his skiff to collect water samples from the Kennebec River. “It was a severe slap to my face. I told them this is plain wrong. You don’t trust me after 11 years – it’s a bunch of crock.”

State officials say they have enough people to keep up the testing and note that many coastal communities recruit volunteers to collect samples.

Georgetown, which had relied on about a dozen commercial diggers, responded to the policy change by recruiting eight volunteers.

Phippsburg selectmen, meanwhile, voted last week to protest the policy change.

“Who in their right mind is going to be willing to go out into harm’s way and collect water samples without being paid?” Selectman Michael Rice said. “It doesn’t make any sense. The worst case scenario is that we can’t find any volunteers, the clam flats are closed, and a healthy robust program is shut down overnight.”

Rep. David M. Etnier, D-Harpswell, says he will propose legislation to have the policy repealed if LaPointe does not think of a compromise.