An Act To Amend the Laws Governing the Composition of the Shellfish Advisory Council
Maine Legislature, Session 129, LD 1906
Committee: Marine Resources
Sponsors: TUELL
Amends: 12 MRSA §6038

Legislative Document
No. 1906
H.P. 1360
House of Representatives, December 24, 2019
An Act To Amend the Laws Governing the Composition of the 
Shellfish Advisory Council
Submitted by the Department of Marine Resources pursuant to Joint Rule 203.
Received by the Clerk of the House on December 20, 2019.  Referred to the Committee on 
Marine Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative TUELL of East Machias.
Be it enacted by the People of the State of Maine as follows:
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-I, subsection 57-G, 
consists of 13 voting members and one nonvoting member 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 is a municipal official involved in pollution permitting or 
mitigation;
D.  Two members who are licensed wholesale seafood dealers who have been issued 
a shellfish sanitation certificate by the department 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;
E.  One public member with knowledge of and interest in coastal water quality;
F.  Two members who are municipal shellfish wardens.  In 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 
officials, including, but not limited to, a municipal shellfish conservation warden or a 
member of a municipal shellfish management committee, as described in section 
6671, subsection 2; and
G.  One member who has been issued a shellfish depuration certificate under section 
6856, subsection 3. or who is designated by the department as an authorized 
representative of the holder of the shellfish depuration certificate; and
H.  One nonvoting member who has a demonstrated knowledge of biological science 
and, at a minimum, a bachelor's degree.
The commissioner shall make appointments so that the composition of the council 
reflects a geographic distribution along the coast of the State.
Sec. 2.  Completion of term.  Notwithstanding the Maine Revised Statutes, Title 
12, section 6038, subsection 1, a person who is a member of the Shellfish Advisory 
Council on the effective date of this Act may continue to serve on the council until the 
expiration of that person's term.
SUMMARY
This bill changes the composition of the Shellfish Advisory Council by:
1.  Eliminating the requirement that 3 of the 4 members who are commercial shellfish 
license holders be soft-shell clam harvesters;
2.  Expanding the representation from a member representing the interests of 
municipalities with wastewater treatment systems to a member who is a municipal 
official involved in pollution permitting or mitigation;
3.  Changing the requirement that 2 members be municipal shellfish wardens to 
instead provide that 2 members must be municipal shellfish officials, including, but not 
limited to, a municipal shellfish conservation warden or a member of a municipal 
shellfish management committee;
4.  Allowing a person who is designated by the Department of Marine Resources as 
an authorized representative of the holder of a shellfish depuration certificate to be a 
member; and
5.  Adding a nonvoting member who has a demonstrated knowledge of biological 
science and holds at least a bachelor's degree.