Resolve, To Create the Task Force To Study Commercial Lobster Fishing in Offshore Waters
Maine Legislature, Session 122, LD 1209
Committee: Marine Resources
Sponsors: BARTLETT, BRENNAN, COWGER, DOW

Legislative Document 
No. 1209 
S.P.423 
In Senate, March 10, 2005 
Resolve, To Create the Task Force To Study Commercial Lobster 
Fishing in Offshore Waters 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Senator BARTLETT of Cumberland. 
JOY J. O'BRIEN 
Secretary of the Senate 
Cosponsored by Senators: BRENNAN of Cumberland, COWGER of Kennebec, DOW of 
Lincoln. 
Printed on recycled paper 
Sec. 1. Task force established. Resolved: 
That the Task Force to 
Study Commercial Lobster Fishing in Offshore Waters, referred to 
in this resolve as "the task force," is established; and be it 
further 
Sec. 2. Task force membership. Resolved: 
That the task force 
consists of 11 members appointed as follows: 
1. 
One member of the Senate, appointed by the President of 
the Senate. 
When making the appointment, the President of the 
Senate shall give preference to members who serve on the Joint 
Standing Committee on Marine Resources; 
2. 
Two members of the House of Representatives, appointed 
by the Speaker of the House. 
When making the appointments, the 
Speaker of the House shall give preference to members who serve 
on the Joint Standing Committee on Marine Resources; 
3. 
One person representing the Lobster Advisory Council, 
established in the 
Maine 
Revised Statutes, Title 
5, 
section 
12004-1, subsection 58, appointed by the President of the Senate, 
upon recommendation of the chair of the Lobster Advisory Council; 
4. 
One person representing the Lobster Promotion Council, 
established in Title 12, section 6455, appointed by the President 
of the Senate, upon recommendation of the chair of the Lobster 
Promotion Council; 
5. 
Three persons representing lobster management policy 
councils, established under Title 12, section 6447, appointed by 
the Speaker of the House, upon recommendation of the Commissioner 
of Marine 
Resources; 
each person must 
represent 
a 
different 
lobster management zone: 
6. 
Two persons, each of whom must hold a Maine lobster and 
crab fishing license and a federal permit to fish in federal 
Offshore Lobster Management Area 3, as defined by the National 
Oceanic and Atmospheric Administration, National Marine Fisheries 
Service, appointed by the Commissioner of Marine Resources: and 
7. 
One person who is a marine scientist with expertise in 
lobsters, appointed by the Commissioner of Marine Resources. 
One of the legislative members of the task force must be the 
Legislator 
currently 
serving 
on 
the 
Atlantic 
States 
Marine 
Fisheries Commission. 
The 
composition of the task force must 
reflect a geographical distribution along the coast: and be it 
further 
Page l-LR0955 (1) 
Sec. 3. Chairs. Resolved: 
That the first-named Senate member 
is the Senate chair of the task force and the first-named House 
of Representatives member is the House chair of the task force; 
and be it further 
Sec. 4. Appointments; convening of task force. Resolved: 
That all 
appointments must be made no later than 30 days following the 
effective date of this resolve. 
The appointing authorities shall 
notify the Executive Director of the Legislative Council once all 
appointments 
have 
been 
completed. 
wi thin 
days 
after 
appointment of all members, the chairs shall call and convene the 
first meeting of the task force; and be it further 
Sec. 5. Duties. Resolved: 
That the task force shall: 
1. Identify and investigate problems facing persons who hold 
Maine lobster and crab fishing licenses who fish for lobsters in 
federal waters, with particular attention to issues related to 
fishing in federal Offshore Lobster Management Area 3, as defined 
by the National Oceanic and Atmospheric Administration, National 
Marine Fisheries Service; 
2. Review the Atlantic States Marine Fisheries 
Interstate 
Fishery 
Management 
Plan 
for 
American 
federal 
and state law and 
rules 
and regulations 
commercial lobster fishing in offshore waters; 
Commission's 
Lobster 
and 
relevant to 
3. 
Invite 
public 
comments 
and 
testimony 
regarding 
the 
subject of commercial lobster fishing in offshore waters; and 
4. Develop recommendations, including suggested legislation, 
to address identified problems; and be it further 
Sec. 6. Staff assistance. Resolved: 
That, upon approval of the 
Legislative Council, 
the Office of Policy and 
Legal Analysis 
shall provide necessary staffing services to the task force; and 
be it further 
Sec. 7. Compensation. Resolved: 
That the legislative members 
of the task force are entitled to receive the legislative per 
diem, as defined in the Maine Revised Statutes, Title 3, section 
2, 
and 
reimbursement for travel and other necessary expenses 
related to their attendance at authorized meetings of the task 
force. 
Public 
members 
not 
otherwise 
compensated 
by 
their 
employers or other entities that they represent are entitled to 
receive 
reimbursement 
of 
necessary 
expenses 
and, 
upon 
a 
demonstration of financial hardship, 
a per diem equal to the 
legislative per diem for their attendance at authorized meetings 
of the task force; and be it further 
Sec. 8. Report. Resolved: 
That, 
no later than January 1, 
2006, 
the task force shall submit a report that includes its 
findings 
and recommendations, 
including suggested legislation, 
for 
presentation to 
the 
Joint 
Standing 
Committee 
on 
Marine 
Resources 
and 
the 
Legislative 
Council. 
The 
task 
force 
is 
authorized to introduce a bill related to its report to the 
submission of its report; and be it further 
Sec. 9. Extension. Resolved: 
That, if the task force requires 
a limited extension of time to complete its study and make its 
report, it may apply to the Legislative Council, which may grant 
an extension; and be it further 
Sec. 10. Task force budget. Resolved: 
That the chairs of the 
task force, with assistance from the task force staff, shall 
administer the task force's budget. 
Within 10 days after its 
first meeting, 
the task force shall present a 
work plan and 
proposed budget to the Legislative Council for its approval. 
The 
task force may not incur expenses that would result in the task 
force's exceeding its approved budget. 
Upon request from the 
task force, 
the Executive Director of the Legislative Council 
shall promptly provide the task force chairs and staff with a 
status report on the task force budget, expenditures incurred and 
paid and available funds. 
SUMMARY 
JO 
This resolve establishes the Task Force to Study Commercial 
Lobster Fishing in Offshore Waters. The task force is directed to 
identify and investigate problems facing people in the State 
licensed to fish for lobster in federal waters, with particular 
attention to 
issues 
related to 
fishing 
in 
federal 
Offshore 
Lobster Management Area 
3, 
and to develop recommendations to 
address 
identified problems. 
The task force is required to 
submit a report by January 1, 2006 and is authorized to introduce 
legislation related to its report to the Second Regular Session 
of the l22nd Legislature.