An Act to Amend the Laws Regarding Certain Advisory Councils and Boards Related to the Department of Marine Resources
Maine Legislature, Session 131, LD 2064
Committee: Marine Resources
Sponsors: HEPLER
Amends: 12 MRSA §6024, 12 MRSA §6080, 12 MRSA §6465

Legislative Document
No. 2064
H.P. 1326
House of Representatives, December 13, 2023
An Act to Amend the Laws Regarding Certain Advisory Councils 
and Boards Related to the Department of Marine Resources
Submitted by the Department of Marine Resources pursuant to Joint Rule 203.
Received by the Clerk of the House on December 11, 2023.  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 HEPLER of Woolwich.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  12 MRSA §6024, sub-§1-A, as amended by PL 2023, c. 207, §4, is further 
amended to read:
1-A.  Appointment; composition; term; compensation.  The Marine Resources 
Advisory Council, established by Title 5, section 12004‑G, subsection 27, consists of 17 
members. The chair of the Lobster Advisory Council, the chair of the Sea Urchin Zone 
Council and, the chair of the Shellfish Advisory Council and the chair of the Aquaculture 
Advisory Council are ex officio members of the council. Each other member is appointed 
by the Governor and is subject to review by the joint standing committee of the Legislature 
having jurisdiction over marine resources matters and to confirmation by the Legislature. 
Five members must be persons who are licensed under this Part to engage in commercial 
harvesting activities. Those 5 members are selected by the Governor from names 
recommended to the Governor by groups representing commercial harvesting interests. 
Each member must represent a different commercial harvesting activity, except that none 
of those 5 members may represent lobster harvesters. The remaining 9 8 members must 
include one member who is listed on the saltwater recreational fishing registry established 
in section 6312 and does not hold a state marine harvesting license, one public member, 
one member who is a member of a federally recognized Indian nation, tribe or band in the 
State, 4 persons who hold a nonharvesting-related license under this Part, and one person 
representing recreational saltwater anglers and one person representing the aquaculture 
industry. The Governor shall select the person to represent the aquaculture industry from 
among the names recommended by the aquaculture industry.  The Governor shall select 
the member who is a member of a federally recognized Indian nation, tribe or band in the 
State based on the joint recommendation of the tribal governments of the Mi'kmaq Nation, 
the Houlton Band of Maliseet Indians, the Passamaquoddy Tribe at Motahkomikuk, the 
Passamaquoddy Tribe at Sipayik and the Penobscot Nation.  If the tribal governments do 
not make a unanimous joint recommendation, the Governor shall appoint a member of a 
federally recognized Indian nation, tribe or band in the State and rotate the appointment 
among members of each federally recognized Indian nation, tribe or band in the State.  The 
composition of the council must reflect a geographical geographic distribution along the 
coast. All appointed members are appointed for a term of 3 years, except a vacancy must 
be filled in the same manner as an original member for the unexpired portion of the term. 
An appointed member may not serve for more than 2 consecutive terms. Appointed 
members serve until their successors are appointed. The chair of the Lobster Advisory 
Council, the chair of the Sea Urchin Zone Council and, the chair of the Shellfish Advisory 
Council and the chair of the Aquaculture Advisory Council shall serve until a new chair of 
the Lobster Advisory Council, a new chair of the Sea Urchin Zone Council or, a new chair 
of the Shellfish Advisory Council or a new chair of the Aquaculture Advisory Council, 
respectively, is chosen. Members are compensated as provided in Title 5, chapter 379.
Sec. 2.  12 MRSA §6080, as repealed by PL 2011, c. 344, §19 and reenacted by c. 
598, §9, is amended to read:
§6080.  Aquaculture Advisory Council
1.  Appointment; composition.  The Aquaculture Advisory Council, referred to in this 
section as the "council" "the council" and established by Title 5, section 12004‑I, subsection 
57‑C, consists of 5 7 members who are appointed by the commissioner as follows.  The 
commissioner or the commissioner's designee is a nonvoting, ex officio member of the 
council.  The commissioner shall appoint 4 members from the State's aquaculture industry.  
No more than 2 of the appointed members may represent similar segments of the State's 
aquaculture industry.
A.  The commissioner shall appoint at least 5 and up to 7 members from the aquaculture 
industry. The commissioner shall ensure both geographic representation and 
representation of multiple sectors of the aquaculture industry in making appointments 
under this paragraph.
B.  The commissioner may appoint up to 2 members who are members of the public 
with expertise in matters related to the work of the council.
In making appointments, the commissioner may consider nominations from the council and 
from associations representing the interests of persons involved in the aquaculture industry.
2.  Term.  Council members serve for 3 years and continue serving until a successor is 
duly appointed and qualified.  A member may not serve more than 2 consecutive terms.  In 
the case of a vacancy, the commissioner shall promptly fill the vacancy.
3.  Purpose.  The council shall make recommendations to the commissioner and the 
joint standing committee of the Legislature having jurisdiction over marine resources 
matters concerning expenditures from the Aquaculture Management Fund for the purposes 
described under section 6072‑D and concerning other matters of interest to the aquaculture 
industry.:
A.  Matters of interest to the aquaculture industry, including, but not limited to, the 
leasing and licensing process, seed source, animal health, gear, compliance and 
research; and
B.  Expenditures from the Aquaculture Management Fund for the purposes described 
in section 6072-D, subsection 4.
The council shall bring forward to the commissioner matters of concern to the aquaculture 
industry and assist the commissioner with the dissemination of information to members of 
the aquaculture industry.
4.  Chair and officers Officers.  The officers of the council annually shall choose one 
of its members to serve as chair for a one-year term.  The council may select other officers 
and designate their duties are the chair and vice-chair.  The term of the officers is one year.  
The council shall elect a member of the council for each officer position at the first regular 
meeting of each year.
5.  Meetings.  The council shall meet at least once twice each year, and the meetings 
may not be held within the same quarter.  It may also meet at other times at the call of the 
chair or the chair's designee or the commissioner or the commissioner's designee.  The 
council may conduct a meeting by means of a conference call linking 2 or more members 
of the council.
7.  Compensation.   Council members are entitled to expenses according to Title 5, 
chapter 379, which are paid from the Aquaculture Management Fund established in section 
6072-D.
Sec. 3.  12 MRSA §6465, sub-§2, as amended by PL 2021, c. 491, §3, is further 
amended to read:
2.  Research, education and development board.  The commissioner shall appoint a 
research, education and development board and consult with the board regarding the 
expenditures from the fund.  The board is composed of one member from each of the 
following organizations the following individuals:
A.  A statewide association representing the interests of persons who harvest lobster 
commercially;
B.  An association representing the interests of persons who harvest lobster 
commercially in Washington and Hancock counties;
C.  A southern Maine association representing the interests of persons who harvest 
lobster commercially;
D.  A statewide import-export lobster dealers' association;
E.  A statewide lobster pound owners' association;
F.  A statewide lobster processors' association;
G.  The Maine Lobster Marketing Collaborative under section 6455‑A;
H.  The Lobster Advisory Council established by Title 5, section 12004‑I, subsection 
58; and
I.  An international lobster institute.  This member must be a resident of the State.
J.  Three individuals representing the interests of persons who harvest lobster 
commercially.  These individuals must reflect a geographic distribution along the coast 
of the State;
K.  Three individuals representing the interests of persons who hold wholesale seafood 
licenses with lobster permits;
L.  One individual representing the Maine Lobster Marketing Collaborative under 
section 6455-A;
M.  One individual representing the Lobster Advisory Council established by Title 5, 
section 12004-I, subsection 58; and
N.  One individual who has expertise in lobster science.
Members are entitled to compensation according to Title 5, chapter 379.
SUMMARY
This bill amends the membership of the Marine Resources Advisory Council by adding 
the chair of the Aquaculture Advisory Council as an ex officio member and eliminating the 
seat representing the aquaculture industry selected by the Governor.  It expands the 
membership of the Aquaculture Advisory Council from 5 to 7 members, limits members 
to no more than 2 consecutive terms and expands the purpose of the council by requiring it 
to make recommendations on matters of interest to the aquaculture industry to the joint 
standing committee of the Legislature having jurisdiction over marine resources matters.  
It also specifies officers for the council and increases the required number of meetings from 
one to 2 per year.  The bill amends the membership of the board that advises the 
Commissioner of Marine Resources on expenditures from the Lobster Research, Education 
and Development Fund by changing the membership structure from one that consists of 
certain associations to one that consists of individuals representing certain sectors of the 
lobster industry as well as individuals representing the Maine Lobster Marketing 
Collaborative and the Lobster Advisory Council.