CHAPTER 81
HB 571-FN – FINAL VERSION
16Mar2011… 0539h
27Apr2011… 1480EBA
2011 SESSION
10/01
HOUSE BILL 571-FN
AN ACT relative to lobster and crab licenses issued by the fish and game department.
SPONSORS: Rep. Watters, Straf 4; Rep. D. Reed, Merr 2; Sen. Stiles, Dist 24; Sen. Merrill, Dist 21
COMMITTEE: Fish and Game and Marine Resources
This bill revises criteria and fees for lobster and crab licenses issued by the fish and game department. The bill also clarifies provisions for lobster tail permits and landing licenses for lobster and crab.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2011… 0539h
27Apr2011… 1480EBA
11-0372
10/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to lobster and crab licenses issued by the fish and game department.
Be it Enacted by the Senate and House of Representatives in General Court convened:
81:1 Fish and Game Department; Lobster and Crab Licenses. RSA 211:18, III is repealed and reenacted to read as follows:
III. The following criteria shall apply to the issuance of lobster and crab licenses by the department:
(a) If a person is a resident of this state and does not take lobsters or crabs for the purpose of sale and does not use more than 5 traps, the person may receive a recreational lobster and crab license.
(b) Any individual 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.
(c) Any individual who possessed a valid limited commercial lobster and crab license prior to January 1, 2006 shall be eligible to receive a limited commercial lobster and crab license.
(d) Any individual wishing to engage in the commercial taking of lobster and crab may receive a part-time commercial lobster and crab license.
(e) Beginning January 1, 2012, any eligible individual shall purchase a commercial or limited commercial lobster and crab license for each calendar year in order to remain eligible to purchase such license in subsequent years, except that:
(1) Active duty military personnel stationed outside the state for any portion of the calendar year may submit duty orders and a written request to the executive director to obtain an exemption for that year.
(2) The purchase requirement shall not pertain to those individuals prohibited from purchasing a valid lobster and crab license for the entire calendar due to a court conviction for violation of marine fisheries regulations.
(3) The purchase requirement shall not pertain to those individuals who file with the executive director, each year, a notarized affidavit indicating their intent to remain eligible to purchase such license in subsequent years. The notarized affidavit shall be on a form provided by the department and shall be postmarked on or before June 30 of that year.
III-a. The following fees shall apply to lobster and crab licenses issued under this section:
(a) Resident commercial lobster and crab license; $300.
(b) Nonresident commercial lobster and crab license; $600.
(c) Resident limited commercial lobster and crab license; $175.
(d) Nonresident limited commercial lobster and crab license; $350.
(e) Resident part-time commercial lobster and crab license; $103.
(f) Nonresident part-time commercial lobster and crab license; $350.
(g) Recreational lobster and crab license; $35.
III-b. Notwithstanding paragraph III, the executive director may adopt rules to increase the number of commercial lobster and crab licenses available under this section from only those individuals who hold a valid limited commercial or part-time commercial lobster and crab license, provided that any increase in lobster and crab licenses complies with the Atlantic States Marine Fisheries Commission lobster management plan.
81:2 Lobster Tail Permits. Amend RSA 211:38-a, I to read as follows:
I. Any person who is licensed to engage in the wholesale trade of marine species in accordance with RSA 211:49-c may engage in the processing of lobster tails after procuring from the executive director a lobster tail permit. The lobster tail permit authorizes the licensee to remove a lobster tail from a legal sized lobster, as defined in RSA 211:27, I and II, and process that whole and intact lobster tail. No lobster greater than the maximum legal length as described in RSA 211:27, III shall be used for lobster tail processing. Processing shall only be conducted at the one location or place of business which is listed on the lobster tail permit. All containers in which lobster tails are packed to be sold, shipped, or transported must be clearly labeled with the name, address, and permit number of the packer along with a description of the product. The processing and possession of these lobster tails shall be permitted only for distribution outside New Hampshire.
81:3 Landing License. Amend RSA 211:49-d to read as follows:
211:49-d Landing License; Lobster and Crabs. Any person who is not licensed under RSA 211:18, RSA 211:49-a, or RSA 211:49-b and wishes to transport in state waters lobsters and crabs taken outside the jurisdiction of the state via ship, vessel, or similar craft in state waters for the purposes of landing the lobsters and crabs in the state must first procure a landing license. This shall allow the licensee to sell lobster and crab landed under such person’s license. The fee for an annual license shall be $50 for a resident and $500 for any person who does not qualify as a resident under RSA 207:1.
81:4 Effective Date.
I. Sections 1 and 3 of this act shall take effect January 1, 2012.
II. The remainder of this act shall take effect upon its passage.
Approved: May 16, 2011
Effective Date: I. Sections 1 and 3 shall take effect January 1, 2012.
II. Remainder shall take effect May 16, 2011