SB494: (2nd New Title) relative to the prohibition on taking conch and winkles; licensing requirements for taking lobsters and crabs; and changing the name of the advisory committee on shore fisheries to the advisory committee on marine fisheries.

CHAPTER 166

SB 494 – FINAL VERSION

02/19/04 0434s

15Apr2004… 0573h

2004 SESSION

04-3213

05/01

SENATE BILL 494

AN ACT relative to the prohibition on taking conch and winkles; licensing requirements for taking lobsters and crabs; and changing the name of the advisory committee on shore fisheries to the advisory committee on marine fisheries.

SPONSORS: Sen. Cohen, Dist 24

COMMITTEE: Environment

AMENDED ANALYSIS

This bill:

I. Repeals the prohibition on taking conch and winkles.

II. Amends the nonresident licensure requirements for taking lobsters and crabs.

III. Changes the name of the advisory committee on shore fisheries to the advisory committee on marine fisheries.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/19/04 0434s

15Apr2004… 0573h

04-3213

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the prohibition on taking conch and winkles; licensing requirements for taking lobsters and crabs; and changing the name of the advisory committee on shore fisheries to the advisory committee on marine fisheries.

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

166:1 Repeal. RSA 211:55, relative to the taking of conch and winkles, is repealed.

166:2 Lobsters and Crabs; License Fees. Amend RSA 211:18, I-III to read as follows:

211:18 License.

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. 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] 211:62 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.

II. [Repealed.]

II-a. A person who is a resident of a state that provides reciprocal commercial permits or licenses to take lobsters to New Hampshire residents may take lobsters or crabs commercially upon first obtaining a license from the department, if the person’s commercial license from the person’s state of residence provides at least the equivalent number of traps allowed in the respective license class sought pursuant to this section.

III. The following fees shall apply to the following licenses:

(a) If a person is a resident of this state and does not take lobsters or crabs for the purpose of selling them and does not use more than 5 traps, the person may receive a noncommercial license for the fee of $35.

(b)(1) Any individual [meeting the requirements under RSA 211:23 and] who possessed a valid commercial lobster and crab license or resident wholesale dealer's license pursuant to RSA 211:49-c or the provisions of former RSA 211:39-a in this state or any state that provides reciprocal permits or licenses as specified in paragraph II-a in any year from 1994 to 1998, inclusive, and who had documented landings of more than 12,000 pounds of lobster and crab in at least 2 of those years shall be eligible to receive a commercial lobster and crab license [for the fee of $300].

(2) Notwithstanding subparagraph (b)(1), the executive director may[, no earlier than January 1, 2004,] adopt rules to increase the number of commercial licenses available under this subparagraph [by 5 percent,] from only those individuals who hold a valid limited commercial license, provided that [the National Marine Fisheries Service does not consider the fishery under the jurisdiction of the department to be overfished] any increase in licenses complies with the Atlantic States Marine Fisheries Commission lobster management plan.

(3) The fee for a resident commercial lobster and crab license shall be $300 and the fee for a nonresident commercial lobster and crab license shall be $600.

(c) Any individual who is not eligible for the commercial license under subparagraph (b) and any other individual engaged in commercial taking of lobster and crab may receive a limited commercial license [for the fee of $103]. The fee for a resident limited commercial lobster and crab license shall be $103 and the fee for a nonresident, limited commercial lobster and crab license shall be $350.

166:3 Salt Water Fish, Clams, Etc.; Alewives. RSA 211:48-a is repealed and reenacted to read as follows:

211:48-a Alewives. A resident of this state or a nonresident who is licensed under RSA 211:49-a may use a seine, net, or weir for the taking of alewives from the waters of New Hampshire.

166:4 Nonresident Commercial Salt Water License. Amend RSA 211:49-a, I to read as follows:

I. Any person who does not qualify as a resident under RSA 207:1, who takes, possesses, lands, or transports by any method, from or on the waters of this state, regardless of where the catch was taken, any marine species by any method for the purpose of selling the same, shall first procure a valid license from the executive director to do so. [A nonresident shall not take clam worms, lobster, or crabs, excluding green crabs, from the waters and from the area under the jurisdiction of this state.] This license shall not include the taking of lobsters and crabs, which requires a license under RSA 211:18. A nonresident shall not take sea urchins, clam worms, alewives, or scallops unless the state in which such person is a resident provides a reciprocal licensing privilege for residents of this state.

166:5 Resident Commercial Saltwater License. Amend RSA 211:49-b, I to read as follows:

I. Any resident of this state who takes, possesses, lands, or transports on the waters of this state any marine species[, excluding lobsters,] by any method for the purpose of sale, regardless of where the catch was taken, shall first procure a valid license from the executive director to do so. This license shall not include the taking of lobsters and crabs, which requires a license under RSA 211:18.

166:6 Repeal. RSA 211:23, relative to who may take lobsters and crabs, is repealed.

166:7 Fish and Game Commission; Reference to Advisory Committee on Shore Fisheries Changed. Amend RSA 206:2, II to read as follows:

II. Sporting clubs in each county may form a county sporting club board. Whenever an appointment is to be made to the commission, each board may nominate one to 3 persons and submit such recommendations to the governor for the governor's consideration. Whenever an appointment is to be made to the commission from the tidewater towns, the advisory committee on [shore] marine fisheries may nominate one to 3 persons and submit such recommendations to the governor for the governor's consideration.

166:8 Name Change; Advisory Committee on Marine Fisheries. Amend RSA 211:60 to read as follows:

211:60 Advisory Committee on [Shore] Marine Fisheries.

I. There is established an advisory committee on [shore] marine fisheries to recommend programs and policies regarding [shore] marine fisheries to the fish and game commission. The advisory committee shall consist of 5 members and one alternate member, all of whom shall be residents of the seacoast region, appointed by the governor and council.

II. The term of office of each member shall be for 3 years and until a successor is appointed and qualified. The alternate member shall attend all meetings of the advisory committee, and shall act in the place of a member to make a quorum for the transaction of business, and may then vote on any motion with the powers granted to members. Members of the committee shall serve without compensation.

III. The duties of the advisory committee shall be to review and make recommendations as seems advisable relative to marine species. The committee shall have authority to hold hearings in the coastal towns on marine species.

166:9 Clams, Lobsters; Name Change. Amend RSA 211:61 to read as follows:

211:61 Clams, Lobsters. The advisory committee on [shore] marine fisheries as appointed under RSA 211:60 may recommend to the fish and game commission such rules and regulations as may be necessary for the propagation, preservation, and taking of clams, clam worms, lobsters, crabs, oysters, and other marine species. All laws and regulations relative to the taking, sale, possession, and transportation of lobsters, crabs, clams, clam worms, oysters, and other marine species shall remain in full force and effect until such time as they are changed under the authority contained in this section.

166:10 Marine Species; Reference to Advisory Committee on Shore Fisheries Changed. Amend RSA 211:62, I to read as follows:

I. Rules relating to the taking, inspection, and processing of marine species may be made by the executive director of the fish and game department with the approval of the fish and game commission, and upon the advice and cooperation of the advisory committee on [shore] marine fisheries.

166:11 Effective Date. This act shall take effect upon its passage.

(Approved: May 24, 2004)

(Effective Date: May 24, 2004)