An Act to Reestablish the Marine Recreational Fishery Advisory Council at the Department of Marine Resources
Maine Legislature, Session 131, LD 1179
Committee: Marine Resources
Sponsors: RUSSELL, MOORE, CRAFTS, DANA, DAVIS, DOUDERA, EATON, LANDRY, PERRY, STROUT
Amends: 5 MRSA §12004-I, 12 MRSA §6033-A, 12 MRSA §6024

Legislative Document
No. 1179
H.P. 751
House of Representatives, March 14, 2023
An Act to Reestablish the Marine Recreational Fishery Advisory 
Council at the Department of Marine Resources
Reference to the Committee on Marine Resources suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative RUSSELL of Verona Island.
Cosponsored by Senator MOORE of Washington and
Representatives: CRAFTS of Newcastle, DANA of the Passamaquoddy Tribe, DAVIS of East 
Machias, DOUDERA of Camden, EATON of Deer Isle, LANDRY of Farmington, PERRY of 
Calais, STROUT of Harrington.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  5 MRSA §12004-I, sub-§57-I is enacted to read:
57-I.   
Marine 
Resources 
Marine Recreational Fishing Advisory 
Council 
None 
MRSA 
§6033-A 
Sec. 2.  12 MRSA §6024, sub-§1-A, as amended by PL 2021, c. 676, Pt. D, §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 16 
members. The chair of the Lobster Advisory Council, the chair of the Sea Urchin Zone 
Council, the chair of the Marine Recreational Fishing Advisory Council and the chair of 
the Shellfish 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 8 members 
must include 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, 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 Aroostook Band of Micmacs 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 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, the chair of the Marine Recreational Fishing Advisory Council and the chair of 
the Shellfish Advisory Council shall serve until a new chair of the Lobster Advisory 
Council, a new chair of the Sea Urchin Zone Council, a new chair of the Marine 
Recreational Fishing Advisory Council or a new chair of the Shellfish Advisory Council, 
respectively, is chosen. Members are compensated as provided in Title 5, chapter 379.
Sec. 3.  12 MRSA §6033-A is enacted to read:
§6033-A.  Marine Recreational Fishing Advisory Council
1. Appointment; composition.  The Marine Recreational Fishing Advisory Council, 
referred to in this section as "the council" and established by Title 5, section 12004-I, 
subsection 57-I, consists of 11 members. The commissioner shall appoint 10 members as 
follows:
A. Four members of the public that are listed on the saltwater recreational fishing 
registry established in section 6312, do not hold any state marine harvesting license 
and represent York and Cumberland counties, Sagadahoc and Lincoln counties, Knox 
and Waldo counties and Hancock and Washington counties, respectively;
B. Two members representing environmental nongovernment organizations;
C. One member representing smelt camp industry;
D. One member representing the party charter boat industry;
E.  One member representing the saltwater guide industry that has a valid operator of 
uninspected passenger vessels endorsement; and
F.  One member that has a demonstrated general knowledge of the biological science 
of marine fish and, at a minimum, a bachelor's degree.
The Governor shall appoint one member that is a member of a federally recognized Indian 
nation, tribe or band in the State based on the joint recommendation of 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.
2. Term.  A council member serves a 3-year term and continues serving until a 
successor is duly appointed and qualified. A member may not serve for more than 2 
consecutive terms. In the case of a vacancy, the commissioner shall promptly fill the 
vacancy.
3. Quorum.  A quorum is a majority of the members of the council.
4. Chairs and officers.  The council shall annually elect one of its members to serve 
as chair for a one-year term. The council may select other officers and designate their 
duties.
5. Meetings.  The council shall meet at least 4 times a year. 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.
6. Purpose.  The council shall advise the commissioner on activities of the department 
that relate to marine recreational fishing and shall make recommendations to the 
commissioner concerning expenditures from the Marine Recreation Fishing Conservation 
and Management Fund for the purposes described in section 6032-A. The council may 
investigate problems affecting marine recreational fishing and make recommendations to 
the commissioner and the Marine Resources Advisory Council, established by Title 5, 
section 12004-G, subsection 27, concerning its investigations. The council may review 
current recreational fishing research programs and plans for research and submit to the 
commissioner and the Marine Resources Advisory Council annually its recommendations 
on those programs and plans.
Sec. 4.  Staggered terms.  The Commissioner of Marine Resources and the 
Governor shall make all appointments as provided in this Act no later than 90 days 
following the effective date of this Act.  Notwithstanding the Maine Revised Statutes, Title 
12, section 6033-A, subsection 2, the commissioner shall make initial appointments to the 
Marine Recreational Fishing Advisory Council so that 4 members serve for one year, 4 
members serve for 2 years and 3 members serve for 3 years.
SUMMARY
This bill reestablishes the Marine Recreational Fishing Advisory Council.  The council 
was eliminated by Public Law 2009, chapter 369.  It also provides for the chair of the 
Marine Recreational Fishing Advisory Council to serve on the Marine Resources Advisory 
Council.  It also requires the Governor to appoint a member of a federally recognized Indian 
nation, tribe or band in the State.