2023 Maine Revised Statutes › TITLE 12: CONSERVATION › Part 13: INLAND FISHERIES AND WILDLIFE › Subpart 2: DEPARTMENT ORGANIZATION › Chapter 903: DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › Subchapter 3: ADVISORY COUNCIL, BOARDS AND COMMITTEES › 12 §10151. Inland Fisheries and Wildlife Advisory Council

§10151. Inland Fisheries and Wildlife Advisory Council
1.  Appointment.
The Inland Fisheries and Wildlife Advisory Council, established by Title 5, section 12004‑G, subsection 20 and referred to in this Part as the "advisory council," consists of 11 members, with 10 members representing the 16 counties of the State in the following manner: one member representing Androscoggin County, Kennebec County and Sagadahoc County; one member representing Aroostook County; one member representing Cumberland County; one member representing Franklin County and Oxford County; one member representing Hancock County; one member representing Knox County, Lincoln County and Waldo County; one member representing Penobscot County; one member representing Piscataquis County and Somerset County; one member representing Washington County; and one member representing York County. The 11th member must be a member of a federally recognized Indian nation, tribe or band in the State. Members of the advisory council are appointed by the Governor, subject to review by the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters and to confirmation by the Legislature. The Governor shall appoint 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 these 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 commissioner or the commissioner's designee is a nonvoting, ex officio member of the advisory council, but may vote to break a tie.
An employee of the department may not serve as a member of the advisory council prior to the expiration of one year from that employee's last day of employment with the department. A Legislator may not serve as a member of the advisory council. A former Legislator who was a member of the joint standing committee of the Legislature having jurisdiction over fisheries and wildlife matters may not serve as a member of the advisory council prior to the expiration of one year from that former Legislator's last day of membership on that committee.
[PL 2021, c. 72, §1 (AMD); PL 2023, c. 369, Pt. A, §4 (REV); PL 2023, c. 369, Pt. A, §5 (AFF).]
2.  Length of terms.
Appointments are for a term of 3 years and until successors are appointed and qualified. A person may not serve more than 2 consecutive 3-year terms. On the death, resignation or removal from office of any person appointed to the advisory council, the Governor shall appoint a member to serve for the unexpired term.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
3.  Expenses.
The members of the advisory council are entitled to compensation as provided in Title 5, chapter 379.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4.  Duties.
The advisory council shall:
A. [PL 2013, c. 375, §2 (RP).]
B. [PL 2013, c. 375, §2 (RP).]
C. Hold regular meetings with the commissioner or the deputy commissioner to provide information and advice on enhancing fisheries and wildlife resource management in the State;   [PL 2013, c. 375, §2 (NEW).]
D. Form stakeholder groups with relevant areas of expertise to obtain information and make recommendations on enhancing fisheries and wildlife resource management in the State;   [PL 2013, c. 375, §2 (NEW).]
E. Convene stakeholder group meetings at least annually in areas of the State where deer populations need to be enhanced;   [PL 2013, c. 375, §2 (NEW).]
F. Attend public hearings on rules proposed by the commissioner and make recommendations based on public and stakeholder input regarding those rules; and   [PL 2013, c. 375, §2 (NEW).]
G. Provide and present a written annual summary of the advisory council's activities and accomplishments to the joint standing committee of the Legislature having jurisdiction over inland fisheries and wildlife matters.   [PL 2013, c. 375, §2 (NEW).]
[PL 2013, c. 375, §2 (RPR).]
5.  Meetings.
All regular and special meetings of the advisory council must be public meetings and must be held in a public meeting place convenient for the public, except as permitted under paragraph A. Public comment must be accepted at regular and special meetings of the advisory council. Comments may be restricted to subjects before the advisory council at the meeting and consistent with any applicable requirements and limitations of the Maine Administrative Procedure Act. Public notice of all regular and special advisory council meetings must be published in a daily newspaper of general circulation in the geographic area where the meeting is scheduled at least 7 days and not more than 21 days prior to the meeting except in circumstances when emergency rulemaking is necessary. That notice must include an agenda or statement of purpose of the meeting. That notice may be combined with any other notice of the meeting required by law.
A. Notwithstanding any provision of law to the contrary, the advisory council may conduct a public meeting using telephonic, video, electronic or other means of remote participation if:
(1) Notice of the public meeting has been given in accordance with this subsection and the notice includes the method by which the public may attend in accordance with subparagraph (3);
(2) Each member who is participating in the public meeting is able to hear and speak to all other members during the public meeting and members of the public attending the public meeting in the location identified in the notice are able to hear all members participating at other locations;
(3) The advisory council determines that the public may participate through telephonic, video, electronic or other similar means of remote participation; and
(4) All votes taken during the public meeting are taken by roll call vote.   [RR 2021, c. 2, Pt. A, §20 (COR).]
[RR 2021, c. 2, Pt. A, §20 (COR).]
6.  Officers.
At the meeting held in May of each year, the advisory council may elect one member as chair and one member as vice-chair.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
7.  Quorum.
A quorum is a majority of the current members of the advisory council.
[PL 2013, c. 408, §6 (NEW).]
8.  Advisory council actions.
An affirmative vote of a majority of the members of the advisory council present at a meeting or polled is required for any action.
[PL 2013, c. 408, §6 (NEW).]
9.  Attendance at meetings.
If a member of the advisory council is not present for 3 consecutive meetings, that member may be replaced.
[PL 2013, c. 408, §6 (NEW).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2011, c. 668, §2 (AMD). PL 2013, c. 375, §§1, 2 (AMD). PL 2013, c. 408, §6 (AMD). PL 2019, c. 639, §1 (AMD). PL 2021, c. 72, §1 (AMD). PL 2021, c. 184, §1 (AMD). RR 2021, c. 2, Pt. A, §20 (COR). PL 2023, c. 369, Pt. A, §4 (REV). PL 2023, c. 369, Pt. A, §5 (AFF).