An Act To Amend the Lobster Promotion Council
Maine Legislature, Session 125, LD 1579
Committee: Marine Resources
Sponsors: SNOWE-MELLO
Amends: 12 MRSA §6455

Legislative Document 
No. 1579 
S.P. 509 
In Senate, May 24, 2011 
An Act To Amend the Lobster Promotion Council 
Reference to the Committee on Marine Resources suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator SNOWE-MELLO of Androscoggin.  (GOVERNOR'S BILL) 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §6455, sub-§1, as enacted by PL 1991, c. 523, §2, is repealed 
and the following enacted in its place: 
1.  Council established; purpose.  The Lobster Promotion Council, established in 
Title 5, section 12004-H, subsection 14 and referred to in this subchapter as "the council," 
is created to promote and market actively Maine lobsters in state, regional, national and 
international markets.  The council shall draw upon the expertise of the Maine lobster 
industry; state, regional, national and international seafood organizations; established 
private marketing and promotional organizations; and persons experienced in marketing, 
promotion or international trade to identify market areas and pursue initiatives that will 
provide the greatest return on the investments made by lobster license and permit holders 
and undertake those media, marketing, promotional or other efforts, including market-
opening initiatives, that represent the most cost-effective use of a limited promotional 
budget.  The council shall remain responsive to the Maine lobster industry, conduct its 
business in a public manner and undertake marketing, promotional and associated efforts 
that promote the quality and full utilization of the product and the unique character of the 
coastal Maine lobster fishery. 
The council consists of 9 voting members appointed as follows: 
A.  At least 2 district 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 
B.  Up to 7 public members meeting the qualifications in subsection 2, paragraph D. 
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: 
2.  Qualifications of members.  Members must meet the following criteria: 
A.  At least one member appointed pursuant to subsection 1, paragraph A, 
subparagraph (1) and at least one member appointed pursuant to subsection 1, 
paragraph A, subparagraph (2) must be a person who is a commercial lobster 
harvester and who holds a valid lobster and crab fishing license or a person who 
holds or is the manager of, or an officer in, a business entity in the State that holds a 
valid wholesale shellfish license, a lobster transport license or a wholesale seafood 
license with lobster permits or who is a representative of an organization of any such 
license holders; and 
D.  Up to 7 members must be persons who have professional knowledge or 
experience in the food industry; the trade, promotional or marketing fields on a state, 
national or international level, including in international trade and bilateral and 
multilateral trading rules and agreements; or other disciplines as the commissioner 
determines may assist in the advancement of the council's objectives and initiatives. 
Sec. 3.  12 MRSA §6455, sub-§3, as amended by PL 1993, c. 545, §2, is further 
amended to read: 
3.  Meetings.  The council shall meet at least quarterly.  A quorum of 5 members is 
required to conduct the business of the council.  Additional meetings may be called by the 
chair.  If 3 or more members of the council submit to the chair a written request for a 
meeting, the chair shall call a meeting to be held no sooner than 14 days after receipt of 
the written request.  The commissioner may remove any a member with unexcused 
absences for cause, in the event of a member's violation of any marine resources law or 
department rule or for absence from 2 or more consecutive meetings of the council. 
Sec. 4.  12 MRSA §6455, sub-§3-A, as amended by PL 1997, c. 211, §1, is 
further amended to read: 
3-A.  Employees.  The council shall hire a full-time an executive director and may 
hire staff as needed to perform its duties.  Employees of the Lobster Promotion Council 
serve at the pleasure of the council.  The salary and benefits for employees of the council 
are determined by the council.  
Sec. 5.  12 MRSA §6455, sub-§4, as amended by PL 1997, c. 211, §2, is further 
amended to read: 
4.  Powers and duties.  The council may: 
A.  Undertake promotional marketing programs in cooperation with the lobster 
industry; 
B.  Promote Identify, promote and pursue national and international markets for and 
market-opening initiatives for and the removal of impediments to the sale, marketing 
or promotion of lobsters harvested or processed in the State; 
C.  Provide material and technical assistance to persons seeking to market lobsters 
harvested or processed in the State; 
D.  Conduct other efforts as determined necessary and prudent to increase the sales of 
lobsters harvested or processed in the State; 
D-1.  Market and sell goods directly related to the functions of the council and 
deposit all proceeds in the Lobster Promotion Fund; 
E.  Make expenditures from the Lobster Promotion Fund to carry out the purposes of 
this subchapter.  Money in the fund may be used only for the following purposes: 
(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 
F.  Accept and deposit in the fund additional funding from any source, public or 
private. 
Sec. 6.  12 MRSA §6455, sub-§6, as enacted by PL 1991, c. 523, §2, is amended 
to read: 
6.  Report.  By February 15th of each year, the council shall report to the joint 
standing committees of the Legislature having jurisdiction over financial affairs and 
marine resource matters and to the Lobster Advisory Council on the programs undertaken 
pursuant to this subchapter, expenditures from the fund and balances in all accounts in the 
fund. 
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.