HP1360, LD 1906, item 1, An Act To Amend the Laws Governing the Composition of the Shellfish Advisory Council

An Act To Amend the Laws Governing the Composition of the Shellfish Advisory Council

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 voting members and one nonvoting member 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 is a municipal official involved in pollution permitting or mitigation;

D. Two members who are licensed wholesale seafood dealers who have been issued a shellfish sanitation certificate by the department 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 officials, including, but not limited to, a municipal shellfish conservation warden or a member of a municipal shellfish management committee, as described in section 6671, subsection 2 ; and

G. One member who has been issued a shellfish depuration certificate under section 6856, subsection 3 . or who is designated by the department as an authorized representative of the holder of the shellfish depuration certificate; and

H. One nonvoting member who has a demonstrated knowledge of biological science and, at a minimum, a bachelor's degree.

The commissioner shall make appointments so that the composition of the council reflects a geographic distribution along the coast of the State.

Sec. 2. Completion of term. Notwithstanding the Maine Revised Statutes, Title 12, section 6038, subsection 1, a person who is a member of the Shellfish Advisory Council on the effective date of this Act may continue to serve on the council until the expiration of that person's term.

summary

This bill changes the composition of the Shellfish Advisory Council by:

1. Eliminating the requirement that 3 of the 4 members who are commercial shellfish license holders be soft-shell clam harvesters;

2. Expanding the representation from a member representing the interests of municipalities with wastewater treatment systems to a member who is a municipal official involved in pollution permitting or mitigation;

3. Changing the requirement that 2 members be municipal shellfish wardens to instead provide that 2 members must be municipal shellfish officials, including, but not limited to, a municipal shellfish conservation warden or a member of a municipal shellfish management committee;

4. Allowing a person who is designated by the Department of Marine Resources as an authorized representative of the holder of a shellfish depuration certificate to be a member; and

5. Adding a nonvoting member who has a demonstrated knowledge of biological science and holds at least a bachelor's degree.

HP1360 LD 1906	Session - 129th Maine Legislature		LR 3016 Item 1
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