CHAPTER 319
H.P. 1039 - L.D. 1416
An Act To Create the Scallop Advisory Council and the Scallop Research Fund
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 5 MRSA §12004-I, sub-§57-F is enacted to read:
Sec. 2. 12 MRSA c. 623, sub-c. 2, art. 3 is enacted to read:
Article 3
Scallop Research
1. License surcharges. The following surcharges are assessed on licenses issued by the department:
A. For a hand fishing scallop license, $100;
B. For a scallop draggers license, $100; and
C. For a scallop diving tender license, $50.
2. Deposit. The commissioner shall deposit surcharges assessed in this section in the Scallop Research Fund under section 6729-A.
§6729-A. Scallop Research Fund
The Scallop Research Fund, referred to in this section as "the fund," is established in the department. Balances in the fund may not lapse and must be carried forward to the next fiscal year.
1. Uses of fund. The commissioner shall use the fund for research directly related to scallop fishery management information needs and for reporting to licensed scallop harvesters on the results of research and the use of fund revenues. The commissioner may authorize the expenditure of money in the fund for research and development programs that address the restoration, development or conservation of scallop resources. The commissioner shall consult with the Scallop Advisory Council under section 6729-B before deciding upon research projects and awarding grants from the fund. The fund may also be used for support of the Scallop Advisory Council, including reimbursement for travel expenses.
2. Sources of revenue. The fund is capitalized by surcharges assessed under section 6729. In addition to those revenues, the commissioner may accept and deposit in the fund money from any other source, public or private.
3. Scallop Advisory Council. The commissioner shall consult with the Scallop Advisory Council under section 6729-B on the expenditure of funds under this section.
§6729-B. Scallop Advisory Council
1. Appointment; composition. The Scallop Advisory Council, referred to in this section as "the council," established by Title 5, section 12004-I, subsection 57-F, consists of 13 members. The commissioner shall appoint the members as follows:
A. Four scallop harvesters who hold current hand fishing scallop licenses;
B. Four scallop harvesters who hold current scallop draggers licenses;
C. Two wholesale seafood license holders who deal in scallops;
D. Two scientists who have expertise in marine resources management; and
E. One person who is a public member.
The commissioner shall ensure geographic representation in making appointments under paragraphs A and B.
2. Term. A member serves for a 2-year term, except that a vacancy must be filled by the commissioner for the unexpired portion of a term. When a vacancy occurs, the commissioner shall fill the vacancy by appointing a member from the same category of members listed in subsection 1 as the member who vacated the council. A member continues to serve until the member's successor is appointed.
3. Purpose. The council shall make recommendations to the commissioner concerning:
A. Research projects and grants made by the Scallop Research Fund. The council may seek advice from scientists who have expertise in marine resources management in determining the research needs for the scallop fishery; and
B. Other matters of interest to the scallop fishery.
4. Compensation. Members are entitled to expenses according to Title 5, chapter 379.
5. Chair and officers. The council shall choose annually one of its members to serve as chair for a one-year term. The council may select other officers and designate their duties.
6. Meetings. The council shall meet at least once a year. It may also meet at other times at the call of the chair or the chair's designee or at the call of the commissioner or the commissioner's designee.
Sec. 3. Appropriations and allocations. The following appropriations and allocations are made.
MARINE RESOURCES, DEPARTMENT OF
Bureau of Resource Management
Initiative: Allocates funds for the Scallop Research Fund.
Other Special Revenue Funds 2003-04 2004-05
All Other $75,375 $100,500
___________ ___________
Other Special
Revenue Funds Total $75,375 $100,500
Effective September 13, 2003, unless otherwise indicated.
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