An Act To Provide for the Effective Marketing and Promotion of Maine Lobster
Maine Legislature, Session 126, LD 0486
Committee Amendment CA_B_H492 (House)
Amends: 5 MRSA §12004-H, 12 MRSA §6455, 12 MRSA §6465, 29-A MRSA §456-A

COMMITTEE AMENDMENT B" to H.P. 336, LD. 486, Bill, "An Act To 
Provide for the Effective Marketing and Promotion of Maine Lobster" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 5 MRSA §12004-H, sub-§14, as enacted by PL 1991, c, 523, §1, is 
amended to read: 
14. 
Maine Lobster Promotion 
COUFwil Marketing 
Collaborative 
$55 Per Diem Plus 
Expenses 
MRSA §6455 
Sec. 2. 12 MRSA §6455, as amended by PL 2009, c. 567, §§7 and 8, is further 
amended to read: 
§6455. Maine Lobster Marketing Collaborative 
1. Collaborative established; purpose. The Maine Lobster Promotion Council 
Marketing Collaborative, established in Title 5, section 12004-H, subsection 14 and 
referred to in this subchapter as the "council collaborative," is created to promote and 
market actively Maine lobsters in state, regional, national and international markets. The 
council collaborative shall draw upon the expertise of the Maine lobster industry and 
established private marketing firms to identify market areas that will provide the greatest 
return on the investments made by lobster license holders and undertake those media or 
promotional efforts that represent the most cost-effective use of a limited promotional 
budget The council collaborative shall remain responsive to the Maine lobster industry, 
conduct its business in a public manner and undertake marketing efforts that promote the 
quality and full utilization of the product and the unique character of the coastal Maine 
lobster fishery, 
THe cOlfficil consists of 9 votin2' memBers aneointed as follmvs: 
COMMITTEE AMENDMENT 
" 
COMMITTEE AMENDMENT '}3" to H.P. 336, L.D. 486 
A. From the westem district of the State, consisting of lands located between the 
Piscataqua RiJ,rer and the Kennebec RiJ,rer, 3 members meeting the qualifications in 
subsection 2; 
B. From the midcoast district of the State, consisting of all lands located behveen the 
Kennebec River and the Penobscot River, 3 members meeting the qualifications in 
subsection 2; and 
C. From the eastem district of the State, consisting of all lands located between tRe 
Penobscot River and the St. CroiJ( River, 3 members meeting the qualifications in 
subsection 2. 
The commissioner shall appoint the members of the council from among a list of 
nominees prepared by the Lobster Adyisory Council. The commissioner shall appoint 
one member within each district for an initial term of one year, one member within each 
district for an initial term of 2 years and one member 'NitRin each district for an initial 
term of 3 years. All subsequent members are appointed by tRe commissioner for terms of 
years. A person may not serve more tRan 2 consecutiye 3 year terms as a melMer of 
the council. By majority vote, the council shall annually elect a chair from among its 
members. The commissioner is an ex officio, nonvoting member ofthe council. 
I-A. 
Collaborative is a public instrumentality. 
The eoonei! collaborative is 
established as a public instrumentality serving a public purpose. 
As a public 
instrumentality: 
A. 
Employees of the council collaborative may not be construed to be state 
employees for any purpose, including the state civil service provisions of Title 5, Part 
and Title 5, chapter 372 and the state retirement system provisions of Title 5, Part 
20; 
B. 
The council collaborative may not be construed to be a state agency for any 
purposes, including the budget, accounts and control, aUditing, purchasing or other 
provisions of Title 5, Part 4; and 
C. Notwithstanding any provisions of paragraphs A and B: 
(1) All meetings and records of the cOUflcil collaborative are subject to the 
provisions of Title 1, chapter 13, subchapter 1, except as provided in subsection 
I-B. The commissioner and those members of the Legislature appointed to serve 
on the joint standing committee of the Legislature havi.ng jurisdiction over 
marine resource matters have access to all material designated confidential by the 
cOUflcil collaborative; 
(2) 
Except as required by subsection 2, members Members of the council 
collaborative are governed by the conflict of interest provisions set forth in Title 
5, section 18; and 
(3) For the purposes of the Maine Tort Claims Act, the couacH collaborative is a 
"governmental entity" and its employees are "employees" as those terms are 
defined in Title 14, section 8102. 
I-B. 
Market studies and promotional plans; proprietary information. 
Information provided to or developed by the cOUflcil collaborative and included in a 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT'B "to H.P. 336, L.D. 486 
promotional plan or market study is public unless the council collaborative determines 
that it contains proprietary information. For the purposes of this subsection, "proprietary 
information" means information that is a trade secret or production, commercial or 
financial information the disclosure of which would impair the competitive position of 
the council collaborative or the person submitting the information and would make 
available information not otherwise publicly available. 
I-C. Collaborative members; appointments; terms. The collaborative consists of 
voting members, 9 appointed by the commissioner as follows: 
A. Four individuals representing the lobster management policy councils established 
pursuant to section 6447. Each lobster management policy council shall prepare a list 
of up to 3 nominees from its zone for consideration by the commissioner for the 
appointments under this paragraph. In making appointments under this paragraph, the 
commissioner shall select members to ensure a geographic distribution of 
representation from lobster management zones established pursuant to section 6446; 
B. Three individuals: 
(1) At least 2 of whom are owners, managers or officers of business entities 
operating in the State that hold valid wholesale seafood licenses with lobster 
permits, from a list of nominees prepared for the commissioner by the Lobster 
Advisory Council established under section 6462-A; and 
(2) 
At least one of whom represents the interests of lobster dealers and 
processors; and 
C. 
Two individuals who are public members with experience in marketing and 
promotion, retail sales, food service or food science, from a list of nominees prepared 
for the commissioner by the Lobster Advisory Council established under section 
6462-A. 
Members are appointed by the commissioner for terms of 3 years. A person may not 
serve more than 2 consecutiv~: 3-year terms as a member of the collaborative. 
The commissioner or the commissioner's designee serves as an ex officio member of the 
collaborative. The Commis:;ioner of Economic and Community Development or the 
commissioner's designee serves as an ex officio member of the collaborative. 
2. QaalifieatioBs of members. From each district, 3 members must be appointed 
vmo meet the following criteria;. 
A. 
One person '.vho is a full time harvester and who has held a ',<alid lobster and 
crab fishin2: license for at least 5 consecutive vears; 
B. 
One person vmo is a dealer or pOUfld operator and vlho: 
(1) Has held a valid vlholesale shellfish license or lobster transport license for a 
period of at least 5 consecutive years; or 
(2) Is the manager of~ or an officer in, a business entity operating in the State that 
holds a ',<alid wholesale shellfish license or lobster transBort license: and 
C. 
One Berson who is a Bublic member. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·B .. to H.P. 336, L.D. 486 
A perSOH is eligible for appoiHtmeHt to the COllHCil from a district only if that parsoH is a 
resideHt of the district or if that persoH's place ofbHsiHess is located withiH the district. 
2-A. Officers. By majority vote, the collaborative shall annually elect a chair from 
among its members and may elect other officers in accordance with its bylaws. 
3. Meetings. The COHHCil collaborative shall meet at least quarterly. A quorum of .3-
§. members is required to conduct the business of the cOHHcil collaborative. Additional 
meetings may be called by the chair. If 3 or more members of the cOHHcil collaborative 
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 member with unexcused absences from 2 or more consecutive meetings of 
the cOHHcil collaborative. 
3-A. Employees. The COHHCil collaborative shall hire a-full--titRe an executive 
director and may hire staff as needed to perform its duties. Employees of the Maine 
Lobster PromotioH CO\lHcil Marketing Collaborative serve at the pleasure of the cOHHcil 
collaborative. 
The salary and benefits for employees of the comlCil collaborative are 
determined by the cO\lHcil collaborative. 
4. Powers and duties. The cO\lHeil collaborative may: 
A. 
Undertake promotional marketing programs in cooperation with the lobster 
industry; 
B. Promote national and international markets for 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 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 cmmeil 
collaborative and deposit all proceeds in the Lobster Promotion Fund; 
E. Make expenditures from the Lobster Promotion Fund to cany 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 eO\lHcil 
collaborative 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 cO\lHcil collaborative; and 
F. Accept and deposit in the fund additional funding from any source, public or 
private. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT:£3" to H.P. 336, L.D. 486 
5. Lobster Promotion Fund established. The Lobster Promotion Fund, referred to 
in this subchapter as the "fund," is established to carry out the purposes of this 
subchapter. The department shall pay to the fund all money appropriated or received by 
the department for the purposes of this subchapter, except that the department may retain 
funds necessary to reimburse the department for the actual cost of collecting the license 
surcharges established in tfl.Hy subsection 5-A. The fund is capitalized from the follO'vving 
annual surcharges assessed en the follovring licenses issued by the department for 
calendar years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999,2000,2001,2002,2003, 
2004 and 2005 to 2020: set out in subsection 5-A. 
A. Class I crab and 10bst(lr licenses for persons 18 to 69 years of age, $31.25; 
B. Class II crab and lobster licenses, $62.50, except that for license holders 70 years 
of age or older the surcharge is $32; 
C. Class III crab and 10bEter licenses, $93.75, except that for license holders 70 years 
of age or older the surcharge is $47; 
D. Wholesale seafood licenses with lobster permits, $250; 
E. Lobster transportation licenses, $250; and 
F. Nonresident lobster and crab landing permits. $250. 
A person holding more than one of the licenses listed in this subsection is assessed a 
surcharge only on the highest surchargeable license held. 
The Treasurer of State shall [:l:Old all surcharges assessed by this subsection in the fund 
and invest all money in the fund uatil disbl:lfsed to the couacil upoa request of the 
council. Interest from investmeats accrues to the fund. 
All money ia the fund is subj(!ct to allocation by the Legislature. Uae3tpeaded balaaces in 
the fund at the ead of the fiscal year may aot lapse but must be carried forward to be used 
for the same purposes. 
lB addition to paj'R'leat of the regular licease fee aad the surcharge, a person purchasiag a 
licease subject to the surcha-rges established ia this subsectioa may make voluntary 
contributioas to the fund at the time the license is purchased. Voluntary coatributioas 
received by the departmeat frem a liceasee pursuaat to this subsectioa must be deposited 
ia the fund by the deDartmel1t and must be used bv tae couacil for the Dureoses of this 
subchapter. 
5-A. License surcharge assessed. The fund is capitalized from annual surcharges 
assessed on licenses issued by the department for calendar years as follows. 
A. For the year 2013 the surcharges are, for: 
(1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, 
$31.25; 
(2) Class II lobster and crab fishing licenses, $62.50. except that for license 
holders 70 years of age or older the surcharge is $32; 
(3) Class III lobster and crab fishing licenses, $93.75, except that for license 
holders 70 years of age or older the surcharge is $47; 
COMM.ITTEE AMENDMENT 
COMMITTEE AMENDMENT 'B" to H.P. 336, L.D. 486 
(4) Nonresident lobster and crab landing permits, $250; 
(5) Wholesale seafood licenses with lobster permits, $250; and 
(6) Lobster transportation licenses, $250. 
B. For the year 2014 the surcharges are, for: 
(1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, 
$55.25; 
(2) Class II lobster and crab fishing licenses, $110.50, except that for license 
holders 70 years of age or older the surcharge is $55; 
(3) Class III lobster and crab fishing licenses, $160.75, except that for license 
holders 70 years of age or older the surcharge is $80; 
(4) Nonresident lobster and crab landing permits, $425; 
(5) Wholesale seafood licenses with lobster permits, $1,300; 
(6) Lobster transportation licenses, $1,300; and 
(7) Lobster processor licenses, $2,000. 
C. For the year 2015 the surcharges are, for: 
(1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, 
$111.25; 
(2) Class II lobster and crab fishing licenses, $221.50, except that for license 
holders 70 years of age or older the surcharge is $110; 
(3) Class III lobster and crab fishing licenses, $320.75, except that for license 
holders 70 years of age or older the surcharge is $160; 
(4) Nonresident lobster and crab landing permits, $850; 
(5) Wholesale seafood licenses with lobster permits, $2,600:, 
(6) Lobster transportation licenses, $2,600; and 
(7) Lobster processor licenses, $4,000. 
D. For the years 2016 to 2018 the surcharges are, for: 
0) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, 
$167.25; 
(2) Class II lobster and crab fishing licenses, $331.50, except that for license 
holders 70 years of age or older the surcharge is $165; 
(3) Class III lobster and crab fishing licenses, $480.75, except that for license 
holders 70 years of age or older the surcharge is $240; 
(4) Nonresident lobster and crab landing permits, $1,275; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT :],,, to H.P. 336, L.D. 486 
(5) Wholesale seafood licenses with lobster permits, $3,900; 
(6) Lobster transportation licenses, $3,900; and 
(7) Lobster processor licenses, $6,000. 
A person holding more than one of the licenses listed in this subsection is assessed a 
surcharge only on the highest surchargeable license held. 
Beginning in 2014, the commissioner shall review annually the surcharges established in 
this subsection and recommend changes to the joint standing committee of the Legislature 
having jurisdiction over marine resource matters, which after receiving the 
recommendations may report 'Jut a bill to the Legislature to adjust surcharges. 
The Treasurer of State shall hold all surcharges assessed by this subsection in the fund 
and invest all money in the fund until disbursed to the collaborative upon request of the 
collaborative. Interest from investments accrues to the fund. 
All money in the fund is subject to allocation by the Legislature. Unexpended balances in 
the fund at the end of the fiscal year may not lapse but must be carried forward to be used 
for the same purposes. 
In addition to payment of the regular license fee and the surcharge, a person purchasing a 
license subject to the surcharges established in this subsection may make voluntary 
contributions to the fund at rhe time the license is purchased. Voluntary contributions 
received by the department from a licensee or any other source pursuant to this subsection 
must be deposited in the fund by the department and must be used by the collaborative for 
the purposes of this subchapter. 
6. Reports. By FebruEcry 15th of each year, the council The collaborative shall 
report annually on its activities and expenditures to the joint standing committees 
committee of the Legislature having jurisdiction over financial affairs and marine 
resource matters on the programs undertaken pursuant to this subchapter, expenditures 
from the fund and balances in all accounts in the fund, to the Lobster Advisory Council 
established under section 6462-A and, at a statewide meeting of interested license 
holders, to the lobster industry. The collaborative shall provide notice of the date and 
location of the statewide me~ting of license holders at the time of license issuance or 
renewal. 
7. Audit. An annual audit of the expenditures of the council collaborative must be 
performed. The council co1l2,borative may contract with the Department of Audit Office 
of the State Auditor or with a private sector accounting firm to conduct the audit. The 
council collaborative shall report the results of that audit to the joint standing committee 
of the Legislature having juri:;diction over marine resource matters. If the annual audit is 
performed by the Department of Audit Office of the State Auditor, the council 
collaborative shall reimburse the department for its costs to conduct that audit. 
8. Review. By January :.5,2014, the collaborative shall present to the joint standing 
committee of the Legislature having jurisdiction over marine resource matters a 3-year 
marketing plan with a detailed work plan and budget for the collaborative's programs and 
activities from 2014 to 2015. By January 15, 2018, the collaborative shall report to the 
Lobster Advisory Council established under section 6462-A and the joint standing 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT]" to H.P. 336, L.D. 486 
committee of the Legislature having jurisdiction over marine resource matters the results 
of a 3rd-party audit of the results of the collaborative's programs and activities from 2014 
to 2017. Based on the outcome of that audit and with consideration of any 
recommendations by the Lobster Advisory Council, the committee may report out a bill 
to the Legislature to renew the license surcharges under subsection 5-A or adjust them as 
appropriate. 
This section is repealed October 1, 2018. 
Sec. 3. 12 MRSA §6465, sub-§2, ~G, as enacted by PL 2001, c. 623, §1, is 
amended to read: 
G. The Lobster Promotion COl:lfl:cil Maine Lobster Marketing Collaborative under 
section 6455; 
Sec. 4. 29-A MRSA §456-A, sub-§3, as enacted by PL 2001, c. 623, §4, is 
amended to read: 
3. Design. The Secretary of State, in consultation with th~: Lobster Promotion 
COl:lfl:cil Maine Lobster Marketing Collaborative under Title 12, section 6455, shall 
determine a design for the lobster special registration plates. 
The joint standing 
committee of the Legislature having jurisdiction over transportation matters shall review 
the final design prior to manufacture of the plates. The Secretary of State shall issue 
upon request lobster plates that are also vanity plates. 
Lobster plates are issued in 
accordance with the provisions of this section and section 453. 
Sec. 5. Maine Revised Statutes headnote amended; revision clause. In the 
Maine Revised Statutes, Title 12, chapter 619, subchapter 3-A, in the subchapter 
headnote, the words "lobster promotion council" are amended to read "maine lobster 
marketing collaborative" and the Revisor of Statutes shall implement this revision when 
updating, publishing or republishing the statutes. 
Sec. 
6. 
Members of Lobster Promotion Council; transition. 
Notwithstanding the Maine Revised Statutes, Title 12, section 6455, subsection l-C, the 
members of the Lobster Promotion Council serving immediately prior to the effective 
date of this Act continue to serve as members of the Maine: Lobster Marketing 
Collaborative for the terms for which they were appointed until the Commissioner of 
Marine Resources appoints their successors. 
Sec. 7. Appropriations and allocations. The following appropriations and 
allocations are made. 
LOBSTER PROMOTION COUNCIL 
Lobster Promotion Fund 0701 
Initiative: Provides funding to perform increased marketing efforts in the lobster industry. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
2013-14 
$1,000,000 
COMMITTEE AMENDMENT 
2014-15 
$2,000,000 
COMMITTEE AMENDMENT:fJI" to H.P. 336, L.D. 486 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
$1,000,000 
$2,000,000 
This amendment, which is the minority report, replaces the bill and changes the 
provisions of the law establishing the Lobster Promotion Council as follows. 
1. It renames the council the Maine Lobster Marketing Collaborative. 
2. It increases, beginning in 2014, the surcharge assessed on lobster harvester and 
dealer licenses and creates a surcharge on the lobster processor license to fund the 
marketing collaborative. Under this amendment the lobster dealer and transportation 
licenses are assessed a surcharge of $1,300 in 2014 rising to $3,900 for years 2016 to 
2018. The lobster processing license is assessed a surcharge of $2,000 in 2014 rising to 
$6,000 for years 2016 to 2018. It requires the Commissioner of Marine Resources to 
review the surcharges annually and report to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters, which may report out a bill 
to adjust the surcharges. 
3. It changes the number of members, the criteria for membership and the selection 
process. 
4. It requires that the collaborative present to the joint standing committee of the 
Legislature having jurisdiction over marine resources matters by January 15, 2014 a 3-
year marketing plan with a detailed work plan and proposed budget for programs and 
activities for 2014 and 2015. It retains the provisions of the bill that require a report by 
January 15, 2018 to the Lobst er Advisory Council and the j oint standing committee of the 
Legislature having jurisdiction over marine resources matters with respect to the results 
of a 3rd-party audit of programs and activities and that allow the committee to report out 
a bill based on the report. 
5. It requires that the collaborative report annually to the joint standing committee of 
the Legislature having jurisdiction over marine resources matters, the Lobster Advisory 
Council and the lobster indus·:ry. 
6. 
It provides that the provisions of law establishing the collaborative and the 
surcharges are repealed October 1,2018. 
7. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/11/13 .;tvac:. 
126th MAINE LEGISLATUlU: 
LD486 
LR469(03) 
An Act To Provide for the Effective Marketing and Promotion of Maine Lobster 
Fiscal Note for BiD as ~mended b.Y Committee Amendment 13 It( -4'1.:zJ 
Committee: Marme Resources 
(1 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
FY 2014-15 
$1,000,000 
$2,000,000 
$1,000,000 
$2,000,000 
Projections 
FY 2015-16 
$3,000,000 
$3,000,000 
Projections 
FY 2016-17 
$3,000,000 
$3,000,000 
This legislation increases the license surcharge fee on crab and lobster licenses and certa,in dealer licenses resulting in 
an increase in Other Special Revenue Funds revenue to the Maine Lobster Marketing Collaborative of$I,OOO,OOO in 
fiscal year 2013-14 and $2,000,000 in fiscal year 2014-15. The bill includes a corresponding Other Special Revenue 
Funds allocation to the Maine Lobster Marketing Collaborative in order to conduct increased marketing efforts in the 
lobster industry. 
Additional costs to the Department of Economic and Community Development to serve on the Collaborative can be 
absorbed within existing budgeted resources. 
LR0469(03) - Fiscal Note - Page 1 of 1