CHAPTER 103

HB 481-FN-A – FINAL VERSION

04Mar2009… 0034h

09Apr2009… 0767h

2009 SESSION

09-0196

10/04

HOUSE BILL 481-FN-A

AN ACT establishing a recreational saltwater license for taking finfish in coastal and estuarine waters.

SPONSORS: Rep. Abbott, Rock 12; Rep. Henson, Rock 13; Rep. D. Reed, Merr 2; Rep. Watters, Straf 4; Rep. Bulis, Graf 1; Sen. Gallus, Dist 1; Sen. Cilley, Dist 6; Sen. D'Allesandro, Dist 20

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill establishes a recreational saltwater license issued by the fish and game department to individuals, charter boats, and party boats for taking finfish in coastal and estuarine waters.

This bill is a request of the fish and game department.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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… 0034h

09Apr2009… 0767h

09-0196

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT establishing a recreational saltwater license for taking finfish in coastal and estuarine waters.

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

103:1 Great Bay; Reference to Saltwater License. Amend RSA 211:17-b to read as follows:

211:17-b Operation of Motor Vehicles, Snowmobiles, or OHRVs on Ice on Great Bay. No person shall drive a motor vehicle, snowmobile, or OHRV on the ice on Great Bay, except that any person who holds a New Hampshire [fishing] recreational saltwater license under RSA 214:9, XVI may do so, provided that he or she does not drive or park his or her vehicle any closer than 300 feet to any occupied so-called bob-house, fishing shanty, or fishing hole other than the one [he] the person occupies. The provisions of this section shall not apply to any person engaged in emergency rescue operations or public service of any description. No person driving a motor vehicle, snowmobile, or OHRV on the ice on Great Bay shall operate said vehicle at a speed greater than 10 miles per hour. Whoever violates any provision of this section shall be guilty of a violation.

103:2 New Paragraph; Licenses; Application; Recreational Saltwater License. Amend RSA 214:9 by inserting after paragraph XV the following new paragraph:

XVI.(a) If the applicant is 16 years of age or older and wishes to take, possess, or transport finfish from coastal and estuarine waters under the restrictions of this title, the applicant shall pay the fee according to the schedule in subparagraph (e), and the agent shall thereupon issue a recreational saltwater license which shall entitle the licensee to take, possess, or transport finfish from coastal and estuarine waters, under the restrictions of this title, provided that any person participating in a recreational saltwater fishing opportunity on a for-hire vessel, which is licensed under subparagraph (b), shall be exempt from the license requirement of this subparagraph.

(b) A resident or nonresident owner or operator of a for-hire vessel who wishes to provide recreational saltwater fishing opportunities for persons taking finfish from coastal and estuarine waters, shall pay a fee for each charter boat and each party boat according to the schedule in subparagraph (e), which shall entitle the owner or operator of the licensed for-hire vessel to take, possess, or transport finfish from coastal and estuarine waters, under the restrictions of this title.

(c) A nonresident holding a valid recreational saltwater license or a for-hire charter or party boat saltwater license from Maine or Massachusetts, shall be allowed to take, possess, or transport finfish from New Hampshire coastal and estuarine waters, provided that the state in which such person purchased a recreational saltwater license or in which the for-hire vessel is registered allows an angler with a New Hampshire recreational saltwater license or a saltwater for-hire vessel with a for-hire license from New Hampshire to recreationally take, possess, or transport finfish in that state’s coastal and estuarine waters.

(d) In this paragraph:

(1) “Coastal and estuarine waters” means all waters within the rise and fall of the tide, and water below any fishway or dam which is normally the dividing line between tide water and fresh water, or below any tidal bound which has been legally established in streams flowing into the sea under the jurisdiction of the state.

(2) “For-hire vessel” means a party boat, charter boat, dive boat, head boat, or other boat hired by persons to engage in recreational saltwater fishing opportunities.

(3) “Recreational saltwater fishing” means taking of any marine finfish, by any means for personal use only and which are not sold.

(4) “Charter boat” means a vessel less than 100 gross tons (90.8 metric tons) that meets the requirements of the U.S. Coast Guard to carry 6 or fewer passengers for hire.

(5) “Party boat” or “head boat” means a vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry passengers for hire.

(e) The following fees shall apply:

(1) $15 for resident and nonresident individuals.

(2) $75 for charter boats and other for hire vessels, except party boats.

(3) $150 for party boats.

(f) The executive director shall adopt rules under RSA 541-A on the further definitions, criteria, and requirements for obtaining the licenses under this paragraph.

103:3 License Required; Marine Species Added. Amend RSA 214:1 to read as follows:

214:1 License Required. No person, except as hereinafter provided, shall at any time fish, hunt, trap, shoot, pursue, take or kill freshwater fish, marine and estuarine finfish species, saltwater smelt, saltwater shad, saltwater salmonoids, wild birds, or wild animals in this state, without first procuring a proper and valid license to do so, and then only in accordance with the terms of such license and subject to all the provisions of this title. The licensee shall carry such license on his or her person when so engaged, and the license shall be subject to inspection on demand of any person.

103:4 Licenses for Aged Persons. Amend RSA 214:6 to read as follows:

214:6 Licenses for Aged Persons. Any resident of this state who is over 65 years of age and who is receiving public aid may, upon presentation of proof of such aid, make application to the executive director of fish and game for a special license to [fish] take, and to transport fish [and saltwater smelt], under the restrictions of this title. Such license shall be marked in such manner as the executive director may designate and there shall be no fee for such license.

103:5 Fishing License; Saltwater Species Removed. Amend RSA 214:9, II to read as follows:

II. If the applicant is a resident of this state and wishes to fish, $33, and the agent shall thereupon issue a resident fishing license, which shall entitle the licensee to kill, take and transport all species of freshwater fish, [saltwater smelt, saltwater shad, and saltwater salmonoids] under the restrictions of this title.

103:6 One-Day Fishing License; Saltwater Species Removed. Amend RSA 214:9, II-b to read as follows:

II-b. If the applicant is a resident of this state and wishes to fish for one day, $8, and the agent shall thereupon issue a one-day resident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids], for said time only, under the restrictions of this title.

103:7 Hunting and Fishing License; Saltwater Species Removed. Amend RSA 214:9, III to read as follows:

III. If the applicant is a resident of this state and wishes to hunt and fish, $44, and the agent shall thereupon issue a resident hunting and fishing license, which shall entitle the licensee to hunt, shoot, kill or take, except by use of traps, and to transport wild birds, wild animals, and all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids] under the restrictions of this title.

103:8 Hunting and Fishing License; Saltwater Species Removed. Amend RSA 214:9, VI-a to read as follows:

VI-a. If the applicant is a nonresident and wishes to hunt and fish, $139, and the agent shall thereupon issue a nonresident hunting and fishing license, which shall entitle the licensee to hunt, shoot, kill, or take, except by use of traps, and to transport wild birds, wild animals, and all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonids] under the restrictions of this title.

103:9 Nonresident Fishing License; Saltwater Species Removed. Amend the introductory paragraph of RSA 214:9, VIII to read as follows:

VIII. If the applicant is a nonresident, 16 years of age or older, and wishes to take any species of freshwater fish[, saltwater smelt, saltwater shad, or saltwater salmonoids], $51, and the agent shall thereupon issue a nonresident fishing license which shall entitle the licensee to kill, take and transport all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids,] under the restrictions of this title, provided that:

103:10 References Changed; Special License for Persons Over 68 Years of Age. Amend RSA 214:7-a to read as follows:

214:7-a Persons Over 68 Years of Age. Any resident of this state who is 68 years of age or over may make application, to any authorized agent of the state for the sale of freshwater fishing, hunting or trapping licenses, for a special license to fish[,] in freshwaters and hunt or trap, under the restrictions of this title. Such license may permit the use of a muzzle-loading firearm and bow and arrow. The license shall be marked in such manner as the executive director may designate, and there shall be no fee, including the agent’s fee, for such license. The license shall be effective for the resident during the remainder of the resident’s life, as long as the applicant remains a resident of the state, unless sooner suspended or revoked by the executive director. The minimum residency requirements of RSA 214:7-b are applicable.

103:11 Lifetime Licenses. Amend RSA 214:9-c, I(a) to read as follows:

I.(a) The executive director, at the department of fish and game headquarters only, shall issue lifetime hunting, freshwater fishing, or combination hunting and freshwater fishing licenses similar to that issued on an annual basis under RSA 214:9, III to any resident applicant upon payment of the proper fee, which shall be established by the executive director in accordance with the provisions of paragraph II.

103:12 Repeal. The following are repealed:

I. RSA 211:47, relative to an exception for fishing from the Piscataqua river.

II. RSA 214:1-a, relative to ice fishing on Great Bay.

103:13 Effective Date. This act shall take effect January 1, 2011.

Approved: June 15, 2009

Effective Date: January 1, 2011