HB 559 – AS INTRODUCED

2009 SESSION

09-0779

10/05

HOUSE BILL 559

AN ACT relative to the composition and duties of, and appointment to, the fish and game commission.

SPONSORS: Rep. Skinder, Sull 1; Rep. Spaulding, Hills 18; Rep. Parkhurst, Ches 4; Sen. Roberge, Dist 9

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill removes certain criteria from the nomination and appointment of fish and game commissioners and clarifies the advisory role of the commission.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0779

10/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the composition and duties of, and appointment to, the fish and game commission.

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

1 Fish and Game Commission. Amend RSA 206:1 to read as follows:

206:1 Commission Created; Name of Department. There shall be an agency of the state to be known hereafter as the fish and game department under an executive director, with the advice of a [commission to be known as the] fish and game commission.

2 Appointment of Commission. Amend RSA 206:2 to read as follows:

206:2 Appointment of Commission.

[I.] The commission shall consist of 11 members, each qualified pursuant to RSA 206:2-a, appointed by the governor and council. Whenever an appointment is to be made to the commission, the governor shall cause to be published the name of the nominee in a newspaper of statewide daily circulation. The council may not consent to an appointment under this section sooner than 30 days after the name of the nominee is submitted to the council.

[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 marine fisheries may nominate one to 3 persons and submit such recommendations to the governor for the governor’s consideration.

III. For the purposes of this section “sporting clubs” means:

(a) An organization which has specific interests in hunting, fishing, trapping, wildlife and habitat conservation and which has been registered with the department of state for at least 2 consecutive years.

(b) An organization which acknowledges in its permanent bylaws, the promotion and protection of hunting, fishing or trapping and which accepts scientific wildlife management methods and tools.]

3 Qualifications; Experience. Amend RSA 206:2-a to read as follows:

206:2-a Qualifications of Commissioners.

I. Each member of the commission shall be a resident of a different county in the state except that one commission member shall be a resident of one of the tidewater towns of Portsmouth, Seabrook, Rye, Hampton, Hampton Falls, North Hampton, Newington, Greenland, Stratham, Exeter, Newfields, Newmarket, Durham, Madbury, Dover, Rollinsford or New Castle, and not more than 6 commissioners shall be members of the same political party.

II. Each member shall also be qualified in the following manner:

(a) Well informed on the subject of fish and wildlife conservation and restoration;

(b) Dedicated to the conservation and protection of the state’s fish and wildlife resources and of an environment conducive to the welfare of the same;

(c) Committed to a fish and game program providing reasonable balance between research, habitat management and law enforcement;

(d) [An active outdoorsman holding a resident fishing, hunting, or trapping license in at least 5 of the 10 years preceding the appointment;

(e)] A personal record free of convictions of violation of fish and game laws and regulations of this state or any other jurisdiction within 5 years, preceding his or her appointment; and

[(f) At least 5 years’ experience in one or a combination of the following fields:

(1) Forestry

(2) Agriculture

(3) Management of wild lands

(4) Soils conservation

(5) Conservation of water resources

(6) Fish and game management or propagation

(7) Conservation engineering

(8) Conservation law

(9) Wildlife education

(10) Active membership in a conservation or sportsmen’s organization in this state.

(g)] (e) In the case of the coastal commission member, a general knowledge of all crustaceans and bivalves in coastal waters and salt water fishing in general.

II-a. At least one member of the commission shall have experience in the areas of wildlife preservation and animal protection.

III. Upon nomination by the governor, each nominee shall forthwith file with the secretary of state an affidavit, duly signed and sworn to, setting forth in detail how he or she complies with the qualifications cited in paragraph II and affirming his or her belief in the aims of subparagraphs (b) and (c) of paragraph II. [His] An appointment shall not be confirmed by the council until such affidavit has been examined by them and such appointee has been found qualified pursuant to this section.

4 Repeal. RSA 206:4-a, relative to duties of the fish and game commission, is repealed.

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