An Act To Amend the Lobster Promotion Council
Sec. 1. 12 MRSA §6455, sub-§1, as enacted by PL 1991, c. 523, §2, is repealed and the following enacted in its place:
The council consists of 9 voting members appointed as follows:
(1) At least one member representing the western district of the State, consisting of all lands located between the Piscataqua River and the Penobscot River, meeting the qualifications in subsection 2, paragraph A;
(2) At least one member representing the eastern district of the State, consisting of all lands located between the Penobscot River and the St. Croix River, meeting the qualifications in subsection 2, paragraph A; and
All members are appointed by the commissioner for terms of 3 years. A person appointed pursuant to paragraph A may not serve more than 2 consecutive 3-year terms as a member of the council. By majority vote, the council shall annually elect a chair from among its members. The commissioner serves as an ex officio member and may vote only to break a tie.
Sec. 2. 12 MRSA §6455, sub-§2, as amended by PL 1993, c. 545, §2, is repealed and the following enacted in its place:
Sec. 3. 12 MRSA §6455, sub-§3, as amended by PL 1993, c. 545, §2, is further amended to read:
Sec. 4. 12 MRSA §6455, sub-§3-A, as amended by PL 1997, c. 211, §1, is further amended to read:
Sec. 5. 12 MRSA §6455, sub-§4, as amended by PL 1997, c. 211, §2, is further amended to read:
(1) Promotion, advertising and marketing development. The council may implement programs and activities to promote, advertise and develop markets for lobster and make or enter into contracts with any local, state, federal or private agency, department, firm, corporation, entity or person for those purposes; and
(2) The hiring of staff and the payment of compensation for employees, payment of per diem and reimbursement of expenses for members pursuant to Title 5, section 12004-H and payment of administrative and overhead costs associated with the business of the council; and
(3) Identification, promotion and pursuit of market-opening initiatives and initiatives designed to remove impediments to the sale, marketing or promotion of lobsters harvested in the State, including cooperation with state and federal government trade and trade promotion agencies; and
Sec. 6. 12 MRSA §6455, sub-§6, as enacted by PL 1991, c. 523, §2, is amended to read:
Sec. 7. Members; appointment; staggered terms. Notwithstanding the Maine Revised Statutes, Title 12, section 6455, subsection 1, for the initial appointments to the Lobster Promotion Council pursuant to this Act, the Commissioner of Marine Resources shall, following consultation with persons in the Maine lobster industry and assessment of council's short-term and long-term objectives, appoint one member in either the western district or the eastern district and 2 other members for an initial term of one year, one member in either the western district or the eastern district and 2 other members for an initial term of 2 years and 3 members for an initial term of 3 years. The terms of the members of the council that are in effect on the effective date of this Act expire on the effective date of this Act. The Commissioner of Marine Resources shall appoint 9 members to the council within 90 days after the effective date of this Act.
SUMMARY
This bill revises the structure of the Lobster Promotion Council.
1. Current law requires that the council consist of 3 members from each of the defined districts of the State: the western district, the midcoast district and the eastern district. Current law also requires 3 members to be full-time lobster harvesters who have held valid lobster and crab fishing licenses, 3 members to be lobster dealers or pound operators and 3 members to be public members. This bill instead requires the appointment of at least one member who represents the western district of the State, at least one member who represents the eastern district of the State and up to 7 public members who have professional knowledge or experience in trade, promotion or marketing or other disciplines that the Commissioner of Marine Resources determines would assist in the advancement of the council's objectives. This bill also revises the area that is defined as the western district.
2. It authorizes the commissioner to remove a member for cause or for the violation of a marine resources law or Department of Marine Resources rule.
3. It authorizes the commissioner to vote in case of a tie vote on the council.
4. It requires the council to draw upon the expertise of industries, organizations and persons experienced in marketing and promotion and expands the council’s purposes to specifically include identification and promotion of initiatives for the marketing and promotion of lobsters harvested or processed in the State.
5. It provides that the terms of the members currently serving on the Lobster Promotion Council expire and directs the commissioner to appoint 9 members to the council within 90 days after the effective date of this bill.