An Act To Ensure a Seat on the Shellfish Advisory Council Is Held by a Person with a Background and Credentials in a Field of Marine Science
Maine Legislature, Session 129, LD 0629
Committee: Marine Resources
Sponsors: McCREIGHT, DOW, ALLEY, BERRY, BLUME, HEPLER, STEARNS, VITELLI
Amends: 12 MRSA §6038

Legislative Document
No. 629
H.P. 458
House of Representatives, February 5, 2019
An Act To Ensure a Seat on the Shellfish Advisory Council Is Held 
by a Person with a Background and Credentials in a Field of Marine 
Science
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative McCREIGHT of Harpswell.
Cosponsored by Senator DOW of Lincoln and
Representatives: ALLEY of Beals, BERRY of Bowdoinham, BLUME of York, HEPLER of 
Woolwich, STEARNS of Guilford, Senator: VITELLI of Sagadahoc.
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 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;
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; and
G.  One member who has been issued a shellfish depuration certificate under section 
6856, subsection 3.
The commissioner shall make appointments so that the composition of the council 
reflects a geographic distribution along the coast of the State and so that at least one 
member of the council has a demonstrated knowledge of a marine science and, at 
minimum, a bachelor's degree in a field of marine science.
Sec. 2.  Transition.  Notwithstanding the Maine Revised Statutes, Title 12, section 
6038, subsection 1, a member of the Shellfish Advisory Council as of the effective date 
of this Act may serve the remainder of the member's term.
SUMMARY
This bill directs the Commissioner of Marine Resources to ensure that a seat on the 
Shellfish Advisory Council is held by a member who has a demonstrated knowledge of a 
marine science and, at minimum, a bachelor's degree in a field of marine science.