HP0943, LD 1284, item 1, An Act To Amend the Scallop Advisory Council

An Act To Amend the Scallop Advisory Council

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §12004-I, sub-§57-F, as enacted by PL 2003, c. 319, §1, is amended to read:

57-F.

Marine Resources

Scallop Advisory Council

Expenses Only

12 MRSA §6729-B §6729-C

Sec. 2. 12 MRSA §6729-A, sub-§1, as amended by PL 2007, c. 607, Pt. A, §13, is further amended to read:

1. Uses of fund. The commissioner shall use the fund for research directly related to scallop fishery management information needs, for implementation of scallop management measures and for reporting to licensed scallop harvesters on the results of research and the use of fund revenues. The commissioner may authorize the expenditure of money in the fund for research and development programs that address the restoration, development or conservation of scallop resources. The commissioner shall consult with the Scallop Advisory Council under section 6729-B 6729-C before deciding upon research projects and awarding grants from the fund. The fund may also be used for support of the Scallop Advisory Council, including reimbursement for travel expenses.

Sec. 3. 12 MRSA §6729-A, sub-§3, as enacted by PL 2003, c. 319, §2, is amended to read:

3. Scallop Advisory Council. The commissioner shall consult with the Scallop Advisory Council under section 6729-B 6729-C on the expenditure of funds under this section.

Sec. 4. 12 MRSA §6729-B, as enacted by PL 2003, c. 319, §2, is repealed.

Sec. 5. 12 MRSA §6729-C is enacted to read:

§ 6729-C. Scallop Advisory Council

1. Composition. The Scallop Advisory Council, referred to in this section as "the council," established by Title 5, section 12004-I, subsection 57-F, consists of members elected pursuant to subsection 2 and 8 members appointed by the commissioner pursuant to subsection 3.

2. Election. One scallop harvester who holds a current scallop hand fishing or dragging license must be elected from each of the lobster management zones established pursuant to section 6446. The commissioner shall adopt by rule procedures for a scallop harvester to indicate which lobster management zone the scallop harvester wishes to vote in and how a scallop harvester may stand for election, as well as procedures for conducting the election of council members. Rules adopted under this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2-A.

3. Appointments. The commissioner shall appoint 8 members as follows:

A. Four scallop harvesters who hold current scallop hand fishing or dragging licenses. In making these appointments, the commissioner shall seek to ensure that the number of appointed and elected members with hand fishing licenses is as nearly as possible equal to the number of members with dragging licenses;

B. One wholesale seafood license holder who deals in scallops;

C. One scientist who has expertise in marine resources management;

D. One recreational harvester who holds a current noncommercial scallop license; and

E. One person who is a public member.

4. Term. An elected member serves for a 2-year term. When a vacancy occurs among elected members, the vacancy must be filled in accordance with the rules adopted under subsection 2. An appointed member serves for a 2-year term, except that a vacancy must be filled by the commissioner for the unexpired portion of a term. When a vacancy occurs among appointed members, the commissioner shall fill the vacancy by appointing a member from the same category of members listed in subsection 3 as the member who vacated the council. A member continues to serve until the member's successor is appointed.

5. Purpose. The council shall make recommendations to the commissioner concerning:

A. Research projects and grants made by the Scallop Research Fund. The council may seek advice from scientists who have expertise in marine resources management in determining the research needs for the scallop fishery; and

B. Other matters of interest to the scallop fishery.

Recommendations must be approved by a majority of voting members. Except as otherwise specifically provided by law, the commissioner may not make a decision affecting the scallop fishery that is not approved by the council.

6. Compensation. Members are entitled to expenses according to Title 5, chapter 379.

7. Chair and officers. The council shall choose one of its members to serve as chair. The council may select other officers and designate their duties. The council shall adopt bylaws governing the selection of officers, establishment of committees and other matters relating to the functioning of the council consistent with this section.

8. Meetings. The council shall meet at least once a year. It may also meet at other times at the call of the chair or the chair's designee or at the call of the commissioner or the commissioner's designee. All meetings must be conducted in accordance with Robert's Rules of Order.

Sec. 6. Transition; first election of Scallop Advisory Council. Members of the Scallop Advisory Council serving on the effective date of this Act continue to serve until December 31, 2011. The Department of Marine Resources shall adopt rules governing the election of members to the council pursuant to the Maine Revised Statutes, Title 12, section 6729-C, subsection 2 and shall conduct an election of members by December 31, 2011 so that new elected members are elected by January 1, 2012. New appointed members are appointed in accordance with the provisions of Title 12, section 6729-C, subsection 3 and must be appointed by January 1, 2012. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

summary

This bill alters the makeup of the Scallop Advisory Council to include one elected scallop harvester with a valid scallop license from each of the lobster management zones to serve on the council. It decreases the number of appointed members and ensures that the makeup of the council includes a mix of harvesters with hand fishing scallop licenses and dragging licenses. The Department of Marine Resources is directed to adopt routine technical rules governing the elections of council members. The bill also provides that the commissioner must seek the council's approval on decisions that affect the scallop fishery.

HP0943 LD 1284	First Regular Session - 125th Maine Legislature		LR 980 Item 1
	Bill Tracking, Additional Documents	Chamber Status

Bill Tracking		Chamber Status
Amendments	Testimony, Public Hearings & Work Sessions		Committee Information
Other Documents			Title & Section

Search Bill Text		Search Bill Status
Bill Directory	Session Information		Legislative Information
Download MS-Word, Printed PDF		Maine Legislature

Office of Legislative Information 100 State House Station Augusta, ME 04333		voice: (207) 287-1692 fax: (207) 287-1580 tty: (207) 287-6826
Word Viewer for Windows		Disclaimer