HB1249: relative to the recreational taking of lobster by scuba diving.

HB 1249-FN - AS INTRODUCED

2003 SESSION

03-2095

10/01

HOUSE BILL 1249-FN

AN ACT relative to the recreational taking of lobster by scuba diving.

SPONSORS: Rep. M. Harrington, Straf 68; Rep. Hopper, Hills 48

COMMITTEE: Fish and Game

ANALYSIS

This bill provides for the issuance of a special license for the recreational taking of lobster for persons engaged in scuba diving.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-2095

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the recreational taking of lobster by scuba diving.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Lobster License; Exception Added. Amend RSA 211:18, I to read as follows:

I. No person shall take lobsters and crabs from any water under the jurisdiction of this state without first procuring a valid and proper license to do so as provided in paragraph III, except as provided in RSA 211:23-b. No such taking shall occur during the time from sunset to one hour before sunrise. The executive director shall adopt rules pursuant to RSA 541-A relative to the licenses to be issued under paragraph III including, but not limited to, terms, limits, eligibility, transferability, sale, exemptions, revocation, trap tag fees, and control of entry date.

2 Taking of Lobsters; Diving Deleted. Amend RSA 211:23-a to read as follows:

211:23-a Prohibited Methods of Taking. No person shall at any time take from any waters under the jurisdiction of this state any lobsters by [diving,] spearing or dipping.

3 New Section; Recreational Taking of Lobster; Diving Permitted. Amend RSA 211 by inserting after section 23-a the following new section:

211:23-b Recreational Taking of Lobster; Diving Permitted. A person engaged in scuba diving as a recreational and not a commercial activity, who is in compliance with RSA 270:31-32-a, shall be permitted to take lobsters under a special license issued by the executive director of fish and game subject to any other requirements and limitations of this chapter, and subject to restrictions deemed necessary as adopted in rules by the executive director. A taking under this section shall be only for consumption by the person, or his or her family and guests. The executive director shall adopt rules, under RSA 541-A, relative to the special license, the fee for issuance, and limits or restrictions for the taking of lobster under this section.

4 Effective Date. This act shall take effect January 1, 2005.

LBAO

03-2095.0

6/12/03

HB 1249-FN - FISCAL NOTE

AN ACT relative to the recreational taking of lobster by scuba diving.

FISCAL IMPACT:

The Fish and Game Department has determined this bill will increase state fish and game restricted revenues and expenditures by an indeterminable amount in FY 2005 and each year thereafter. There is no fiscal impact on county and local revenue or expenditures.

METHODOLOGY:

The Department is unable to determine the fiscal impact of this license requirement. This is a new license that the Department will be required to implement, and data does not exist to be able to project a total number of licenses that will be sold. The license fee is also unknown because this bill requires that the license fee be set at a later date by rule, not by this legislation.