An Act To Continue Limited Entry in the Scallop Fishery
Maine Legislature, Session 125, LD 0348
Committee Amendment CA_A_H333 (House)

COMMITTEE AMENDMENT "f)" to H.P. 274, L.D. 348, Bill, "An Act To 
Continue Limited Entry in the Scallop Fishery" 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 12 MRS A §6706, sub-§3, as enacted by PL 2007, c. 607, Pt. A, §4, is 
amended to read: 
3. 
Scallop license limited entry system. 
Notwithstanding subsection 2, the 
commissioner shall establish by rule a limited entry system under which a person who did 
not hold a hand fishing scallop license or a scallop dragging license in the previous 
calendar year may become eligible to obtain that license. The rules for a limited entry 
system must include provisions for the method and administration of the program. Rules 
adopted pursuant to this subsection are routine technical major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A.' 
Amend the bill by inserting after section 2 the following: 
'Sec. 3. 
Review. 
The Commissioner of Marine Resources shall review the 
composition of the Scallop Advisory Council under the Maine Revised Statutes, Title 12, 
section 6729-B. The commissioner shall compare the geographic representation of 
members of the Scallop Advisory Council to the geographic disttibution of scallop hand 
fishing and scallop dragging license holders and determine whether council membership 
accurately represents the geographic distribution of license holders and recommend any 
changes necessary to ensure appropriate representation. The commissioner shall compare 
the number of licenses issued to scallop harvesters who hold hand fishing scallop licenses 
to the number of scallop harvesters who hold scallop dragging licenses, determine 
whether the number of members on the Scallop Advisory Council representing each type 
of license holder accurately represents the relative numbers of each type of license holder 
and recommend any changes necessary to ensure appropriate representation. 
By December 7, 2011, the Commissioner of Marine Resources shall report to the 
Joint Standing Committee on Marine Resources on the commissioner's findings and 
recommendations and shall submit draft legislation necessary to implement the 
COMMITTEE AMENDMENT 
ftOf~ 
COMMITTEE AMENDMENT ,,~ " to H.P. 274, LD. 348 
commissioner's recommendations concerning the composition of the Scallop Advisory 
CounciL The Joint Standing Committee on Marine Resources may report out a bill on the 
subject of the report to the Second Regular Session of the 125th Legislature.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
This amendment adds to the provisions of the bill. It: 
1. Changes rules from routine technical to major substantive for the scallop license 
limited entry system; 
2. Directs the Commissioner of Marine Resources to review the composition of the 
Scallop Advisory Council to determine whether the number of members on the Scallop 
Advisory Council representing each type of license holder accurately represents the 
geographic distribution and relative numbers of each type of license holder, and to report 
the findings to the Joint Standing Committee on Marine Resources by December 7,2011 
and recommend any changes necessary to ensure appropriate representation; and 
3. Authorizes the Joint Standing Committee on Marine Resources to report out a bill 
on the subject of the report to the Second Regular Session of the 125th Legislature. 
FISCAL ;'\OTE REQURED 
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COMMITTEE AMENDMENT 
ROFS 
Fiscal Detail and Notes 
Approved: 05121111 
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LD348 
LR 365(02) 
An Act To Continue Limited Entry in the Scallop Fishery 
Fiscal Note for Bill as Amended by Committee Amendment 'f}" 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Additional costs to the Department of Marine Resources associated with reviewing the composition of the Scallop 
Advisory Council and reporting results can be absorbed with existing staff and within existing budgeted resources. 
LR0365(02) - Fiscal Note - Page 1 of 1