HB612: (New Title) relative to the suspension or revocation of fish and game licenses.

CHAPTER 11

HB 612 – FINAL VERSION

04Mar2009… 0062h

2009 SESSION

09-0195

10/01

HOUSE BILL 612

AN ACT relative to the suspension or revocation of fish and game licenses.

SPONSORS: Rep. Abbott, Rock 12; Rep. Henson, Rock 13; Sen. Gallus, Dist 1

COMMITTEE: Fish and Game and Marine Resources

AMENDED ANALYSIS

This bill expands the authority for the fish and game department to suspend, revoke, or declare invalid licenses for violations in this state or for licenses suspended or revoked in another jurisdiction.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04Mar2009… 0062h

09-0195

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the suspension or revocation of fish and game licenses.

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

11:1 Fish and Game; Licenses; Suspension of Revocation. Amend RSA 214:18-b to read as follows:

214:18-b Suspension or Revocation in Another Jurisdiction. Any person whose privilege to fish, hunt, trap, [or] guide, take or land lobsters and crabs, or engage in commercial marine fishing activities has been suspended or revoked in any jurisdiction within the United States or Canada shall be prohibited from purchasing a license for such activity in this state during the period of revocation or suspension in the prosecuting jurisdiction provided the offense for which the person has been convicted is contained in title XVIII[, RSA 208, 210 or 215]. If such person has previously purchased a license for such activity, said license shall become invalid and shall be suspended for the same period as determined in the prosecuting jurisdiction. Such person shall immediately return said license to the fish and game department. No person shall possess a license which has been suspended under this section. Any person who violates the provisions of this section shall be guilty of a violation.

11:2 Lobster and Crab Licenses; Revocation and Suspension. Amend RSA 211:21 to read as follows:

211:21 Revocation; Suspension. [Persons convicted for violation of the provisions pertaining to taking lobsters and crabs shall forfeit their license for not more than one year.] The executive director may revoke or suspend the lobster and crab license of any person who has been found guilty in any court of a violation of any provision of this chapter or any rule adopted under this chapter by the executive director. If an appeal is taken the license shall be suspended pending the disposition of said case and for not more than one year thereafter from date of conviction by the higher court. The executive director shall revoke or suspend the license of any person who has been found guilty in any court a second time within 5 years of the first finding of guilt, of a violation of any such laws or regulations, for a period of not less than one, nor more than 3 years from the date of such finding or conviction. The executive director may order any license to be suspended or revoked, after due hearing, for any cause that he may deem sufficient. Any person whose license has been revoked or suspended shall not accompany any licensed fisherman or assist him in any way while he is engaged in taking or transporting lobsters or crabs.

11:3 Oysters, Clams; Penalty; Suspension Added. Amend RSA 211:64, IV to read as follows:

IV. In addition to any other penalty provided, the executive director in his or her discretion may also revoke or suspend for a period not exceeding one year any license or permit issued to any person, firm, or corporation who violates this title. Any person, firm, or corporation who continues to violate any provision of rules adopted under RSA 211:62 or any provisions of RSA 211:62-a while under revocation or suspension shall be guilty of a misdemeanor, and the executive director in his or her discretion may revoke any rights for a license or a permit for up to 5 years.

11:4 Licenses; Revocation or Suspension. Amend RSA 214:19 to read as follows:

214:19 Revocation or Suspension for Conviction. The executive director [shall] may revoke or suspend the license of any person who has been found guilty in any court of a violation of any provision of this title or any rule or regulation of the executive director, or who has been found guilty in a municipal or district court of a violation of RSA 163-B[, RSA 236:26, RSA 265:102] or RSA 635:2. Such revocation or suspension shall not continue for more than one year from the date thereof, except for a conviction under RSA 208:8, in which case the revocation or suspension may be for a period not to exceed 5 years, or except for a conviction under RSA 208:1-a, in which case the revocation or suspension may be for a period not to exceed 2 years. The executive director shall revoke or suspend the license of any person who has been found guilty in any court a second time within 5 years of the first finding of guilt, of a violation of any such laws or regulations, for a period of not less than one, nor more than 3 years from the date of such finding or conviction.

11:5 Effective Date. This act shall take effect 60 days after its passage.

Approved: April 17, 2009

Effective Date: June 16, 2009