(b)__One representing the soft-shell clam industry; and

(2)__Five licensed shellfish harvesters:

(a)__Three who hold commercial state shellfish licenses and who also hold municipal commercial shellfish licenses;

(b)__One of whom holds a state commercial shellfish license and is from a town without a municipal shellfish ordinance; and

(c)__One recreational harvester who holds a municipal recreational shellfish harvesting license.

D.__At least 3 members must be chosen from among:

(1)__The scientific community;

(2)__Groups that perform public education outreach;

(3)__Municipal shellfish conservation enforcement agencies; and

(4)__Other public members interested in soft-shell clams.

The terms of the initial appointees must be staggered in length so that not all terms expire at the same time.__The term of office of each member must be determined by lot.

Except for the initial appointees, members are appointed for a term of 3 years.__A vacancy is filled in the same manner as the original appointment for the unexpired portion of the term.__A member may not serve for more than 2 consecutive terms and shall serve until a successor is appointed.

3.__Powers and duties.__The council shall provide a public forum for discussing policy issues, needs assessment and problem solving while maintaining an established link to the soft-shell clam industry.__The council shall:

A.__Provide information and advice to the department concerning the administration of soft-shell clam management;

B.__Recommend policy relevant to the soft-shell clam industry to the department;

C.__Recommend legislation based on the issues voiced by the soft-shell clam industry to the council.__These issues include, but are not limited to, resource assessment, enforcement of municipal shellfish ordinances, stock enhancement, program communication, funding, research, water quality and marketing;

D.__Establish working groups to address specific tasks and make recommendations on research issues that need attention.__ The council is also responsible for oversight of the working groups;

E.__Facilitate networking among regions and municipal shellfish committees;

F.__Provide a forum for discussions at the local level through broad geographic representation of all sectors of the soft-shell clam industry on the council.__These discussions, both formal and informal, serve to provide recommendations for the action of the council; and

G.__In cooperation with the department, encourage educational forums for the soft-shell clam industry and the general public.

4.__Meetings.__The council shall hold regular meetings and may hold special meetings at any time.__There must be at least 2 meetings annually, preferably one every 6 months.

5.__Quorum.__All actions taken by the council require a quorum to be present and voting.__A quorum of the council is 7 members.__ The council shall attempt to make decisions by consensus.__When this is not possible or practical, then a 2/3 vote of the members is required for an action to pass.

6.__Staff.__The department shall provide staff support for the council.

7.__Officers.__The council shall elect one of its members as chair, one as vice-chair and one as secretary, all for a term of one year, at the first regular meeting of each year.__The officers have the following duties:

A.__The chair shall call and preside at all meetings of the council;

B.__The vice-chair shall call and preside at all meetings of the council in the chair's absence; and

C.__The secretary shall cause records of all meetings of the council to be taken and preserved.

8.__Working groups.__The council, by majority vote, may charter working groups to address problems, tasks or issues the council feels need further attention.__At least one member of the council is required to participate in each working group and is responsible for presenting the decisions of the working group to the council.__The council shall provide the working group with a team charter mandate.__Actions by the working groups require consensus for approval.

Recommendations by a working group to the council must be accepted as presented, or rejected.__If changes are desired, the issues must be sent back to the working group.

The responsibility of a working group is to establish:

A.__General meeting rules; and

B.__Final recommendations and expected results.

The manner is which the working group addresses its mission is left to its discretion.__Once the primary goals of the working group have been met, the working group shall continue or disband as the members of the working group elect.

§6692.__Soft-shell Clam Management Fund

The Soft-shell Clam Management Fund, referred to in this article as the "fund," is established in the department.__ Balances in the fund may not lapse and must be carried forward and used for the purposes of this section.

1.__Uses of fund.__The commissioner shall use the fund for research related to soft-shell clam management.__The fund may be used for support of council activities including compensation for expenses of the council members associated with participation in council activities.

2.__Sources of revenue.__The commissioner may accept and deposit in the fund money from any source, public or private.__ All money received into the fund must be used for purposes set forth in this section.

SUMMARY

This bill creates the Maine Soft-shell Clam Advisory Council. The bill also establishes the Soft-shell Clam Management Fund.