An Act To Provide for the Effective Marketing and Promotion of Maine Lobster
Sec. 1. 5 MRSA §12004-H, sub-§14, as enacted by PL 1991, c. 523, §1, is amended to read:
Maine Lobster Promotion Council Marketing Collaborative | $55 Per Diem Plus Expenses | 12 MRSA §6455 |
Sec. 2. 12 MRSA §6455, as amended by PL 2009, c. 567, §§7 and 8, is further amended to read:
§ 6455. Maine Lobster Marketing Collaborative
The council consists of 9 voting members appointed as follows:
The commissioner shall appoint the members of the council from among a list of nominees prepared by the Lobster Advisory Council. The commissioner shall appoint one member within each district for an initial term of one year, one member within each district for an initial term of 2 years and one member within each district for an initial term of 3 years. All subsequent members are appointed by the commissioner for terms of 3 years. A person may not serve more than 2 consecutive 3-year terms as a member of the council. By majority vote, the council shall annually elect a chair from among its members. The commissioner is an ex officio, nonvoting member of the council.
(1) All meetings and records of the council collaborative are subject to the provisions of Title 1, chapter 13, subchapter 1, except as provided in subsection 1-B. The commissioner and those members of the Legislature appointed to serve on the joint standing committee of the Legislature having jurisdiction over marine resource matters have access to all material designated confidential by the council collaborative;
(2) Except as required by subsection 2, members Members of the council collaborative are governed by the conflict of interest provisions set forth in Title 5, section 18; and
(3) For the purposes of the Maine Tort Claims Act, the council collaborative is a "governmental entity" and its employees are "employees" as those terms are defined in Title 14, section 8102.
(1) At least 2 of whom are owners, managers or officers of business entities operating in the State that hold valid wholesale seafood licenses with lobster permits, from a list of nominees prepared for the commissioner by the Lobster Advisory Council established under section 6462-A; and
(2) At least one of whom represents the interests of lobster dealers and processors; and
Members are appointed by the commissioner for terms of 3 years. A person may not serve more than 2 consecutive 3-year terms as a member of the collaborative.
The commissioner or the commissioner's designee serves as an ex officio member of the collaborative. The Commissioner of Economic and Community Development or the commissioner’s designee serves as an ex officio member of the collaborative.
(1) Has held a valid wholesale shellfish license or lobster transport license for a period of at least 5 consecutive years; or
(2) Is the manager of, or an officer in, a business entity operating in the State that holds a valid wholesale shellfish license or lobster transport license; and
A person is eligible for appointment to the council from a district only if that person is a resident of the district or if that person's place of business is located within the district.
(1) Promotion, advertising and marketing development. The council collaborative may implement programs and activities to promote, advertise and develop markets for lobster and make or enter into contracts with any local, state, federal or private agency, department, firm, corporation, entity or person for those purposes; and
(2) The hiring of staff and the payment of compensation for employees, payment of per diem and reimbursement of expenses for members pursuant to Title 5, section 12004-H and payment of administrative and overhead costs associated with the business of the council collaborative; and
A person holding more than one of the licenses listed in this subsection is assessed a surcharge only on the highest surchargeable license held.
The Treasurer of State shall hold all surcharges assessed by this subsection in the fund and invest all money in the fund until disbursed to the council upon request of the council. Interest from investments accrues to the fund.
All money in the fund is subject to allocation by the Legislature. Unexpended balances in the fund at the end of the fiscal year may not lapse but must be carried forward to be used for the same purposes.
In addition to payment of the regular license fee and the surcharge, a person purchasing a license subject to the surcharges established in this subsection may make voluntary contributions to the fund at the time the license is purchased. Voluntary contributions received by the department from a licensee pursuant to this subsection must be deposited in the fund by the department and must be used by the council for the purposes of this subchapter.
(1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, $31.25;
(2) Class II lobster and crab fishing licenses, $62.50, except that for license holders 70 years of age or older the surcharge is $32;
(3) Class III lobster and crab fishing licenses, $93.75, except that for license holders 70 years of age or older the surcharge is $47;
(4) Nonresident lobster and crab landing permits, $250;
(5) Wholesale seafood licenses with lobster permits, $250; and
(6) Lobster transportation licenses, $250.
(1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, $55.25;
(2) Class II lobster and crab fishing licenses, $110.50, except that for license holders 70 years of age or older the surcharge is $55;
(3) Class III lobster and crab fishing licenses, $160.75, except that for license holders 70 years of age or older the surcharge is $80;
(4) Nonresident lobster and crab landing permits, $425;
(5) Wholesale seafood licenses with lobster permits if the license holders hold no supplemental wholesale seafood licenses with lobster permits, or lobster transportation licenses if the license holders hold no supplemental lobster transportation licenses, $400;
(6) Supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses as follows:
(a) Six hundred dollars for up to 2 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses;
(b) Eight hundred dollars for 3 to 5 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses; and
(c) One thousand dollars for 6 or more supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses; and
(7) Lobster processor licenses, $333 if less than 1,000,000 pounds of raw product is processed, and $1,333 if 1,000,000 pounds or more of raw product is processed.
(1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, $110.25;
(2) Class II lobster and crab fishing licenses, $220.50, except that for license holders 70 years of age or older the surcharge is $110;
(3) Class III lobster and crab fishing licenses, $320.75, except that for license holders 70 years of age or older the surcharge is $160;
(4) Nonresident lobster and crab landing permits, $850;
(5) Wholesale seafood licenses with lobster permits if the license holders hold no supplemental wholesale seafood licenses with lobster permits, or lobster transportation licenses if the license holders hold no supplemental lobster transportation licenses, $800;
(6) Supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses as follows:
(a) One thousand two hundred dollars for up to 2 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses;
(b) One thousand six hundred dollars for 3 to 5 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses; and
(c) Two thousand dollars for 6 or more supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses; and
(7) Lobster processor licenses, $666 if less than 1,000,000 pounds of raw product is processed, and $2,666 if 1,000,000 pounds or more of raw product is processed.
(1) Class I lobster and crab fishing licenses for persons 18 to 69 years of age, $165.25;
(2) Class II lobster and crab fishing licenses, $330.50, except that for license holders 70 years of age or older the surcharge is $165;
(3) Class III lobster and crab fishing licenses, $480.75, except that for license holders 70 years of age or older the surcharge is $240;
(4) Nonresident lobster and crab landing permits, $1,275;
(5) Wholesale seafood licenses with lobster permits if the license holders hold no supplemental wholesale seafood licenses with lobster permits, or lobster transportation licenses if the license holders hold no supplemental lobster transportation licenses, $1,200;
(6) Supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses as follows:
(a) One thousand eight hundred dollars for up to 2 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses;
(b) Two thousand four hundred dollars for 3 to 5 supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses; and
(c) Three thousand dollars for 6 or more supplemental wholesale seafood licenses with lobster permits or supplemental lobster transportation licenses; and
(7) Lobster processor licenses, $1,000 if less than 1,000,000 pounds of raw product is processed, and $4,000 if 1,000,000 pounds or more of raw product is processed.
A person holding more than one of the following licenses is assessed only the highest applicable surcharge for those licenses under this subsection: a wholesale seafood license with a lobster permit, a supplemental wholesale seafood license with a lobster permit, a lobster transportation license or a supplemental lobster transportation license.
Beginning in 2014, the commissioner shall review annually the surcharges established in this subsection and recommend changes to the joint standing committee of the Legislature having jurisdiction over marine resource matters, which after receiving the recommendations may report out a bill to the Legislature to adjust surcharges.
The Treasurer of State shall hold all surcharges assessed by this subsection in the fund and invest all money in the fund until disbursed to the collaborative upon request of the collaborative. Interest from investments accrues to the fund.
All money in the fund is subject to allocation by the Legislature. Unexpended balances in the fund at the end of the fiscal year may not lapse but must be carried forward to be used for the same purposes.
In addition to payment of the regular license fee and the surcharge, a person purchasing a license subject to the surcharges established in this subsection may make voluntary contributions to the fund at the time the license is purchased. Voluntary contributions received by the department from a licensee or any other source pursuant to this subsection must be deposited in the fund by the department and must be used by the collaborative for the purposes of this subchapter.
This section is repealed October 1, 2018.
Sec. 3. 12 MRSA §6465, sub-§2, ¶G, as enacted by PL 2001, c. 623, §1, is amended to read:
Sec. 4. 29-A MRSA §456-A, sub-§3, as enacted by PL 2001, c. 623, §4, is amended to read:
Sec. 5. Maine Revised Statutes headnote amended; revision clause. In the Maine Revised Statutes, Title 12, chapter 619, subchapter 3-A, in the subchapter headnote, the words "lobster promotion council" are amended to read "maine lobster marketing collaborative" and the Revisor of Statutes shall implement this revision when updating, publishing or republishing the statutes.
Sec. 6. Members of Lobster Promotion Council; transition. Notwithstanding the Maine Revised Statutes, Title 12, section 6455, subsection 1-C, the members of the Lobster Promotion Council serving immediately prior to the effective date of this Act continue to serve as members of the Maine Lobster Marketing Collaborative for the terms for which they were appointed until the Commissioner of Marine Resources appoints their successors.
Sec. 7. Appropriations and allocations. The following appropriations and allocations are made.
LOBSTER PROMOTION COUNCIL
Lobster Promotion Fund 0701
Initiative: Provides funding to perform increased marketing efforts in the lobster industry.
OTHER SPECIAL REVENUE FUNDS | 2013-14 | 2014-15 |
All Other
|
$750,000 | $1,500,000 |
OTHER SPECIAL REVENUE FUNDS TOTAL | $750,000 | $1,500,000 |