An Act To Create a Research Fund for Maine's Clam Fis{dry
Maine Legislature, Session 129, LD 0961
Committee Amendment CA_A_H376 (House)
Amends: 12 MRSA §6038, 12 MRSA §6043

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT" JJ. "to H.P. 716, L.D. 961, Bill, "An Act To Create 
a Research Fund for Maine's Clam Fis{dry" 
Amend the bill by striking out the title and substituting the following: 
'An Act To Create the Shellfish Research Fund' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 12 MRSA §6038, sub-§1, as enacted by PL 2007, c. 606, Pt. A, §2, is 
amended to read: 
1. Appointment; composition. The Shellfish Advisory Council, referred to in this 
section as "the council" and established by Title 5, section 12004-1, subsection 57-G, 
consists of .!J. 14 members who are appointed by the commissioner as follows: 
A. Four members who are commercial shellfish license holders, at least 3 of whom 
must be primarily soft-shell clam harvesters. In making the appointments under this 
paragraph, the commissioner shall consider up to 6 recommendations from 
associations representing the interests of persons who harvest shellfish commercially; 
B. 
Two members who are shellfish aquaculture lease holders. 
In making the 
appointments under this paragraph, the commissioner shall consider up to 3 
recommendations from associations representing the interests of persons who raise 
shellfish under aquaculture leases; 
C. 
One member who represents the interests of municipalities with wastewater 
treatment systems; 
D. Two members who are licensed wholesale seafood dealers who have been issued 
a shellfish sanitation certificate pursuant to section 6856, subsection 1. In making the 
appointments under this paragraph, the commissioner shall consider up to 3 
recommendations from associations representing the interests of persons who buy 
and sell shellfish; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 716, L.D. 961 
E. One public member with Imowledge of and interest in coastal water quality; 
F. Two members who are municipal shellfish wardens. fu making the appointments 
under this paragraph, the commissioner shall solicit and consider up to 3 
recommendations for these · 2 appointments from associations representing the 
interests of persons who protect and help manage municipal shellfish resources; and 
G. One member who has been issued a shellfish depuration certificate under section 
6856, subsection 3,; and 
H. One member who has a demonstrated lmowledge of marine science and. at a 
minimum, a bachelor's degree in a field of marine science. 
The commissioner shall make appointments so that the composition of the council 
reflects a geographic distribution along the coast of the State. 
Sec. 2. 12 MRSA §6043 is enacted to read: 
§6043. Shellfish Research Fund 
The Shellfish Research Fund. referred to in this section as "the fund," is established 
as a nonlapsing fund in the department and is administered by the commissioner. 
1. Uses of fund. The commissioner shall use the fund for shellfish research projects 
in the State that address the restoration, development or conservation of shellfish 
resources. 
2. Sources of revenue. In addition to any money appropriated or allocated by the 
State, the commissioner may accept and deposit into the fund any monetary gifts, 
donations or other contributions from public or private sources for the purposes of the 
fund. 
3. Shellfish Advisory Council. The commissioner shall consult with the Shellfish 
Advisory Council under section 6038 before deciding upon research projects and 
awarding grants from the fund. 
4. Rules. The commissioner may adopt rules governing the process for disbursing 
funds from the fund. Rules adopted under this subsection are routine technical mles as 
defmed in Title 5, chapter 375, subchapter 2-A. 
Sec. 3. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
MARINE RESOURCES, DEPARTMENT OF 
Shellfish Research Fund N316 
Initiative: Provides appropriations to fund shellfish research projects in the State. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2019-20 
$50,000 
$50,000 
COMMITTEE AMENDMENT 
2020-21 
$50,000 
$50,000 
COMMITIEE AMENDMENT ,A" to H.P. 716, L.D. 961 
SUMMARY 
This amendment replaces the bill which was a concept draft. It creates the Shellfish 
Research Fund as a nonlapsing fund administered by the Commissioner of Marine 
Resources for the purpose of funding shellfish research projects in the State. It provides 
ongoing funding of $50,000 per fiscal year from the General Fund. It also allows the 
commissioner to accept and deposit into the fund any monetary gifts, donations or other 
contributions from public or private sources. It requires that the commissioner consult 
with the Shellfish Advisory Council before deciding upon research projects and awarding 
grants from the fund. 
It also increases the membership of the Shellfish Advisory Council from 13 to 14 
members. It directs the commissioner to appoint as a member of the Shellfish Adviso1y 
Council a person who has a demonstrated knowledge of a marine science and, at 
minimum, a bachelor's degree in a field of marine science. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Net Cost (Savings) 
General Fund 
Approved: 05/25/19 feae 
LD961 
LR2070(02) 
An Act To Create a Research Fund for Maine's Clam Fishery 
Fiscal Note for Bill as Amended by Committee Amendment :;if { H-31C) 
Committee: Marine Resources 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2019-20 
FY 2020-21 
$50,000 
$50,000 
Projections 
FY 2021-22 
$50,000 
Projections 
FY2022-23 
$50,000 
Appropriations/ Allocations 
General Fund 
$50,000 
$50,000 
$50,000 
$50,000 
Fiscal Detail and Notes 
This bill adjusts the membership of the Shellfish Advisoty Council from 13 to 14 members and requires that 
additional member have a background and education in the field of marine science. The bill also establishes the 
Shellfish Research Fund for the purpose of funding shellfish research projects in the State and provides an annual 
appropriation of $50,000 to the fund stmting in fiscal year 2019-20. 
LR2070(02) - Fiscal Note - Page 1 of 1