An Act To Amend the Scallop Advisory Council
Maine Legislature, Session 125, LD 1284
Committee: Marine Resources
Sponsors: FOSSEL, LANGLEY, McKANE, OLSEN, PRESCOTT, SNOWE-MELLO
Amends: 5 MRSA §12004-I, 12 MRSA §6729-A, 12 MRSA §6729-B, 12 MRSA §6729-C

Legislative Document 
No. 1284 
H.P. 943 
House of Representatives, March 23, 2011 
An Act To Amend the Scallop Advisory Council 
Reference to the Committee on Marine Resources suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative FOSSEL of Alna. 
Cosponsored by Senator LANGLEY of Hancock and 
Representatives: McKANE of Newcastle, OLSEN of Phippsburg, PRESCOTT of Topsham, 
Senator: SNOWE-MELLO of Androscoggin. 
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.   
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Sec. 4.  12 MRSA §6729-B, as enacted by PL 2003, c. 319, §2, is repealed.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. 
Marine Resources Scallop Advisory 
Council 
Expenses Only 
MRSA §6729-B 
§6729-C 
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.