Maine § 12 §6447 Lobster management policy councils

Maine Statutes

§ 12 §6447 — Lobster management policy councils

Maine·Title 12 CONSERVATION·Part 9 MARINE RESOURCES·Ch. 619 LOBSTER AND CRAB FISHING LICENSES

1.Councils. The commissioner shall establish a lobster management policy council for each zone created under section 6446. Council members must be reimbursed pursuant to Title 5, section 12004‑I, subsection 57‑A.

2.Rules for operation. By July 1, 1996, the commissioner shall establish by rule operating procedures for lobster management policy councils, including, but not limited to, the number of members on councils, the election and terms of council members and the process for referenda on council policies. A council must have an odd number of voting members.

3.Council members appointment; election. Upon establishing a lobster management policy council, the commissioner shall appoint members to the council to equitably represent lobster harvesters throughout a zone. Members appointed b

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1.
Councils.
The commissioner shall establish a lobster management policy council for each zone created under section 6446. Council members must be reimbursed pursuant to Title 5, section 12004‑I, subsection 57‑A.
2.
Rules for operation.
By July 1, 1996, the commissioner shall establish by rule operating procedures for lobster management policy councils, including, but not limited to, the number of members on councils, the election and terms of council members and the process for referenda on council policies. A council must have an odd number of voting members.
3.
Council members appointment; election.
Upon establishing a lobster management policy council, the commissioner shall appoint members to the council to equitably represent lobster harvesters throughout a zone. Members appointed by the commissioner serve one-year terms. An election of subsequent council members must be held within one year of the commissioner's appointments. Council members are elected by plurality vote. An individual who has been convicted or adjudicated of a lobster violation within the previous 7 years is not eligible for election as a council member unless a waiver from this limitation has been granted by the commissioner for good cause as determined by the commissioner in the commissioner's discretion.
4.
Legislative representation.
The President of the Senate and the Speaker of the House shall jointly appoint a Legislator to each lobster management policy council. The Legislator is a nonvoting member and serves a 2-year term.
5.
Council authority.
Upon approval in a referendum under subsection 6, a lobster management policy council may propose to the commissioner rules for a zone to place the following limitations on lobster and crab fishing license holders that fish in that zone, as long as the proposed limitations are equal to or stricter than the limitations under section 6431‑A or 6440:
5-A.
Zone C council authority.
5-B.
Zone E council authority.
5-C.
Apprentice program rules.
Notwithstanding any other provision of this subchapter, upon approval in a referendum under subsection 6, a lobster management policy council may propose to the commissioner rules for a zone that do any of the following:
5-D.
Council authority; under 18 waiting list.
Notwithstanding any other provision in this subchapter and upon approval in a referendum under subsection 6, a lobster management policy council in a limited-entry zone may propose to the commissioner that the limitation described in this subsection be placed on entry by individuals into that zone in accordance with rules adopted by the department.
6.
Referendum on policy proposals.
A lobster management policy council must submit proposed rules to referendum in the zone in which the rules would apply before submitting those proposed rules to the commissioner. A lobster management policy council may submit proposed rules to the commissioner if the proposed rules are approved by 2/3 of those voting in the referendum.
7.
Council member and voter qualifications.
A person may not be a member of a zone's lobster management policy council or vote in a zone's council election or referendum unless that person:
8.
Role of advisory council.
Notwithstanding any provisions to the contrary, the commissioner may adopt rules under this section without the advice and consent of the Marine Resources Advisory Council.
9.
Notice.
When a meeting of a lobster management policy council includes as an agenda item a proposal that, if adopted, would affect the ability of a person who does not hold a lobster and crab fishing license to participate in the lobster and crab fishing industry, including but not limited to a proposal regarding exit ratios under section 6448, the agenda must be posted publicly at least 7 days in advance of the meeting.

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Legislative History

PL 1995, c. 468, §8 (NEW). PL 1995, c. 568, §7 (AMD). PL 1999, c. 187, §3 (AMD). PL 1999, c. 508, §2 (AMD). PL 2001, c. 282, §2 (AMD). PL 2003, c. 466, §4 (AMD). PL 2005, c. 202, §§3,4 (AMD). PL 2005, c. 202, §5 (AFF). PL 2007, c. 204, §3 (AMD). PL 2007, c. 615, §10 (AMD). PL 2009, c. 394, §13 (AMD). PL 2009, c. 499, §2 (AMD). PL 2009, c. 499, §3 (AFF). PL 2013, c. 239, §1 (AMD). PL 2015, c. 68, §6 (AMD). PL 2015, c. 428, §3 (AMD).