An Act To Amend the Laws Regarding Marine Resources»
Maine Legislature, Session 130, LD 0391
House Amendment HA_A_H751 (House)
Amends: 5 MRSA §12004-H, 12 MRSA §6455-A, 12 MRSA §6465, 29-A MRSA §456-A

HOUSE AMENDMENT" A "to H.P. 275, L.D. 391, "An Act To Amend the Laws 
Regarding Marine Resources» 
Amend the bill by striking out the title and substituting the following: 
'An Act To Reestablish the Maine Lobster Marketing Collaborative' 
Amend the bill by inserting after the title and before the enacting clause the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, Public Law 2021, chapter 58 extended the repeal date of the law that 
established the Maine Lobster Marketing Collaborative from October 1, 2021 to October 
l,2026;and 
Whereas, because Public Law 2021, chapter 58 took effect October 18, 2021, the law 
that established the Maine Lobster Marketing Collaborative was repealed; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec, 1. 5 MRSA §12004-H, sub-§14-A is enacted to read: 
14-A. 
Maine Lobster Marketing Collaborative 
$55 Per Diem Plus 
Expenses 
This subsection is repealed December 3 t, 2026. 
Sec, 2. 12 MRSA §6455-A is enacted to read: 
§6455-A. Maine Lobster Marketing Collaborative 
1. Collaborative established; pul'pose. The Maine Lobster Marketing Collaborative. 
established in Title 5, section 12004-H, subsection 14-A and referred to in this subchapter 
HOUSE AMENDMENT 
HOUSE AMENDMENT ':,4 "to H.P. 275, L.D. 391 
as "the collaborative," is created to promote and market actively Maine lobsters in state, 
regional. national and international markets. The collaborative shall draw upon the 
expe1tise 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 collaborative shall remain responsive to 
the Maine lobster industry. conduct its business in a public manner and unde1take 
marketing efforts that promote the quality and full utilization of the product and the unique 
character of the coastal Maine lobster fishery. 
2. Collaborative is a public instrumentality. The collaborative is established as a 
public instrumentality serving a public purpose. Accordingly: 
A. Employees of the collaborative may not be construed to be state employees for any 
purpose, including the state civil service provisions of Title 5, Part 2 and Title 5, 
chapter 372 and the state retirement system provisions of Title 5, Part 20: 
B. The 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 collaborative are subject to the provisions of 
Title l, chapter 13, subchapter 1. except as provided in subsection 3. The 
commissioner and those members of the Legislature appointed to serve on the joint 
standing committee of the Legislature having jurisdiction over marine resources 
matters have access to all material designated confidential by the collaborative: 
(2) Members of the collaborative are governed by the conflict of interest provisions 
set forth in Title 5, section 18; and 
(3) Fo1· the purposes of the Maine Tort Claims Act, the collaborative is a 
"governmental entity" and its employees are "employees'' as those terms are 
defined in Title 14, section 8102. 
3, Market studies and promotional plans; proprietary information. Information 
provided to or developed by the collaborative and included in a promotional plan or market 
study is public unless the collaborative determines that itcontains 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 collaborative or the person submitting the 
information and would make available information not otherwise publicly available. 
4. Collaborative members; appointments; terms. The collaborative consists of 11 
voting members, 9 appointed by the commissioner as follows: 
A. Four individuals representing the lobster management policy councils established 
pmsuant 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: 
HOUSE AMENDMENT 
HOUSE AMENDMENT 'A-" to H.P. 275, L.D. 391 
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 
Advisoiy 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 of3 years. A person may not serve 
more than 2 consecutive 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 Commissioner of Economic and Community Development or the 
commissioner's designee serves as an ex officio member of the collaborative. 
5. 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. 
6. Executive committee. The collaborative shall establish an executive committee of 
no fewer than 5 members, who are appointed by a majority vote of the collaborative. The 
collaborative shall specify in its bylaws when the executive committee may act on behalf 
of the collaborative with regard to oversight of collaborative staff. daily operations of the 
collaborative and addressing unexpected expenditures to be made by the collaborative. The 
bylaws must specify what constitutes a quornm of the executive committee and how many 
votes are necessary for the executive committee to take a valid action, In addition to any 
other restrictions adopted by the collaborative, the executive committee may not act on 
behalf of the collaborative to: 
A. Adopt or amend an annual budget; 
B. Adopt or amend an annual marketing plan; 
C. Hire or terminate the employment of the executive director of the collaborative; or 
D. Amend the bylaws of the collaborative, 
7. Meetings. The collaborative shall meet at least quarterly. A quorum of 6 members 
is required to conduct the business of the collaborative. Additional meetings may be called 
by the chair. If3 or more members of the 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 
7 
absences from 2 or more consecutive meetings of the collaborative. 
8. Employees. The collaborative shall hire an executive director and may hire staff as 
needed to perform its duties. Employees of the collaborative serve at the pleasure of the 
collaborative. The salary and benefits for employees of the collaborative are determined by 
the collaborative. 
9. Powers and duties. The collaborative may: 
HOUSE AMENDMENT 
HOUSE AMENDMENT •:A " to H.P. 275, L.D. 391 
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; 
E. Market and sell goods directly related to the functions of the collaborative and 
deposit all proceeds in the fund; 
F. Make expenditures from the fund to carry 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 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, depaitment. 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, subsection 14-A and payment of administrative and overhead 
costs associated with the business of the collaborative; and 
G. Accept and deposit in the fund additional funding from any source, public or private. 
10. 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 subsection 11. The fund is capitalized from the annual surcharges set out in 
subsection 11. 
11. License surcharge assessed. The fund is capitalized from annual surcharges 
assessed on licenses issued by the department as follows. 
A. For a Class I lobster and crab fishing license held by a person 18 to 69 years of age. 
the surcharge is $165.25. 
B. For a Class II lobster and crab fishing license, the surcharge is $330.50. except that 
for a license holder 70 years of age or older, the surcharge is $165, 
C. For a Class III lobster and crab fishing license. the surcharge is $480.75, except that 
for a license holder 70 years of age or older, the surcharge is $240. 
D. For a nonresident lobster and crab landing permit. the surcharge is $480.75. 
E. For a wholesale seafood license with a lobster permit if the license holder holds no 
supplemental wholesale seafood license with a lobster permit or for a lobster 
transpo1iation license if the license holder holds no supplemental lobster transportation 
license, the surcharge is $1,200. 
HOUSE AMENDMENT 
HOUSE AMENDMENT>4" to H.P. 275, L.D. 391 
F. Surcharges for supplemental wholesale seafood licenses with lobster permits or 
supplemental lobster transportation licenses are as follows: 
(1) For up to 2 supplemental wholesale seafood licenses with lobster permits or 
supplemental lobster transportation licenses, the surcharge is $1,800: 
(2) For 3 to 5 supplemental wholesale seafood licenses with lobste1· permits or 
supplemental lobster transpo1tation licenses. the surcharge is $2.400: and 
(3) For 6 or more supplemental wholesale seafood licenses with lobster pe1·mits or 
supplemental lobster transportation licenses, the surcharge is $3,000. 
G. For a lobster processor license. the surcharge is $1.000 if less than 1.000.000 
pounds of raw product is processed and $4,000 if 1,000,000 pounds or more of raw 
product is processed. 
A person holding more than one of the following licenses is assessed only the highest 
applicable surcharge for those licenses under this subsection: a wholesale seafood license 
with a lobster permit, a supplemental wholesale seafood license with a lobster permit, a 
lobster transportation license or a supplemental lobster transportation license. 
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 resources matters, which after receiving the recommendations may report out 
a bill to the Legislature to adjust the 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 
coJlaborative. 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 subiect to the surcharges established in this subsection may make voluntary 
contributions to the fund at the time the license is purchased. Voluntary contributions 
received by the department from a licensee pursuant to this subsection or any other source 
must be deposited in the fund by the depaitment and must be used by the collaborative for 
the purposes of this subchapter. 
12. Reports. The collaborative shall report annually on its activities and expenditures 
to the ioint standing committee of the Legislature having jurisdiction over marine resources 
matters. 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 meeting of license holders at 
the time of license issuance or renewal. 
13. Audit. An annual audit of the expenditures of the collaborative must be performed. 
The collaborative may contract with the Office of the State Auditor or with a private sector 
accounting firm to conduct the audit. The collaborative shall report the results of that audit 
to the (oint standing committee of the Legislature having jurisdiction over marine resources 
matters. If the annual audit is performed by the Office of the State Auditor, the collaborative 
shall reimburse the department for its costs to conduct that audit. 
HOUSE AMENDMENT 
HOUSE AMENDMENT 'A " 
to H.P. 275, L.D. 391 
14. Repeal. This section is repealed December 31, 2026. 
Sec. 3. 12 MRSA §6465, sub-§2, ,rG, as amended by PL 2013, c. 309, §3, is further 
amended to read: 
G. The Maine Lobster Marketing Collaborative under section ~ 
6455-A; 
Sec. 4. 29-A MRSA §456-A, sub-§3, as amended by PL 2013, c, 309, §4, is further 
amended to read: 
3. Design. The Secretary of State, in consultation with the Maine Lobster Marketing 
Collaborative under Title 12, section~ 6455-A, shall determine a design for the lobster 
special registration plates. 
The joint standing committee of the Legislature having 
jurisdiction over trnnsportation 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. PL 2021, c. 58 is repealed. 
Sec. 6. Transition. The following provisions govern the reestablishment of the 
Maine Lobster Marketing Collaborative. 
1, Members, officers and executive committee members. Notwithstanding the 
Maine Revised Statutes, Title 12, section 6455-A: 
A. Members of the Maine Lobster Marketing Collaborative appointed pursuant to Title 
12, former section 6455, subsection 1-C serving on September 30, 2021 continue to 
serve until the completion of their terms. Their successors are appointed as provided 
in Title 12, section 6455-A, subsection 4; 
B. Officers of the Maine Lobster Marketing Collaborative elected pursuant to Title 12, 
former section 6455, subsection 2-A serving on September 30, 2021 continue to serve 
until the completion of their terms. Their successors are elected as provided in Title 
12, section 6455-A, subsection 5; and 
C. Members of the executive committee of the Maine Lobster Marketing Collaborative 
appointed pursuant to Title 12, former section 6455, subsection 2-B serving on 
September 30, 2021 continue to serve until the completion of their terms. Their 
successors are appointed as provided in Title 12, section 6455-A, subsection 6. 
Sec. 7. Retroactivity. This Act applies retroactively to October l, 2021.1 
Amend the bill by adding before the summary the following: 
1Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment reestablishes the Maine Lobste1· Marketing Collaborative. 
The 
amendment is retroactive to October I, 2021 and takes effect immediately to ensure that 
the work and funding of the collaborative is not interrupted. The amendment repeals Public 
HOUSE AMENDMENT 
HOUSE AMENDMENT 'A "to H.P. 275, L.D. 391 
Law 2021, chapter 58 to prevent a statutory conflict and it provides transition provisions 
relating to the appointment of collaborative members and executive committee members 
and the election of executive officers. 
During the First Regular Session of the 130th Legislature, the House of Representatives 
voted to enact Legislative Document 338, An Act To Amend the Law Governing the Maine 
Lobster Marketing Collaborative. Legislative Document 338 extended the repeal date of 
the law that established the Maine Lobster Marketing Collaborative to October 1, 2026. 
The First Regular Session of the 130th Legislature adjourned before the Senate voted on 
Legislative Document 338. During the First Special Session of the 130th Legislature, the 
Senate voted to enact Legislative Document 338 and the bill was signed by the Governor 
on May 5, 2021. The Legislature adjourned the First Special Session on July 19, 2021 and 
Public Law 2021, chapter 58 was effective October 18, 2021, 17 days after the repeal date 
in the statute. 
SPONSORED BY: ~ 
Jl;!;[c ev;,rt r:@) 
(Representative M;;;GHT, J.) 
· 
TOWN: Harpswell 
FISCAL NOTE REQUIRED 
(See attached) 
HOUSE AMENDMENT 
Fiscal Detail and Notes 
Approved: 12/30/21 ~ac:. • 
LD391 
LR 1797(02) 
An Act To Amend the Laws Regarding Marine Resources 
Fiscal Note for House Amendment '4" to Original Bill 
Sponsor: Rep. Mccreight of Harpswell 
Fiscal Note Required: Yes 
Fiscal Note 
Corrects unintentional repeal~ Maine Lobster Marketing Collaborative 
The Maine Lobster Marketing Collaborative was unintentionally repealed on October 1> 2021 because the 
legislation to postpone that repeal (LD 33 8) was not effective until October 18, 2021. This amendment reestablishes 
the collaborative and is retroactive back to October 1, 2021. As the allocations related to the collaborative were nev 
deallocated by legislation and still exist in the accounting system, no additional allocations are required now to allc 
the collaborative to continue to function. The new repeal date is set at December 31, 2026. 
LRl 797(02) - Fiscal Note - Page I of I