HB 259-FN – AS AMENDED BY THE HOUSE
6Mar2013… 0386h
27Mar2013… 0973h
2013 SESSION
10/03
HOUSE BILL 259-FN
AN ACT relative to special licenses for taking lobster while engaged in recreational scuba diving.
SPONSORS: Rep. Duarte, Rock 2; Rep. Tamburello, Rock 5; Rep. Rappaport, Coos 1; Rep. Pitre, Straf 2; Rep. Renzullo, Hills 37; Sen. Reagan, Dist 17; Sen. Boutin, Dist 16
COMMITTEE: Fish and Game and Marine Resources
This bill allows the fish and game department to issue special scuba diver lobster licenses for noncommercial taking of lobsters while engaged in recreational scuba diving. The authority to issue the special scuba diver lobster licenses is repealed January 1, 2016.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
6Mar2013… 0386h
27Mar2013… 0973h
13-0718
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to special licenses for taking lobster while engaged in recreational scuba diving.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Lobster Licenses; Recreational Licenses. Amend RSA 211:18, III(a) to read as follows:
(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. A person receiving a recreational lobster and crab license may not also receive the scuba diver lobster license under paragraph III-c.
2 New Paragraph; Special Scuba Diver Lobster License. Amend RSA 211:18 by inserting after paragraph III-b the following new paragraph:
III-c.(a) For a $35 fee, a resident who wishes to engage in scuba diving as a recreational activity and not for the purpose of commerce, and who is in compliance with RSA 270:31 through 270:32-a, and has attained 18 years of age, shall be permitted to take lobsters under a special scuba diver lobster license issued by the executive director. The executive director shall make available a number of scuba diver lobster licenses that is equivalent to the number of recreational lobster and crab licenses available each calendar year under subparagraph III(a).
(b) The scuba diver lobster license shall be valid for the month of September only.
(c) The license shall consist of letters and/or numbers which the person engaged in scuba diving shall affix to his or her diving tanks and regulation dive flag in a contrasting color making it readily visible to a conservation officer.
(d) The number of lobsters taken per day by a scuba diver holding an license under this paragraph shall not exceed 5 per licensee and shall be taken only for the consumption by the licensee, and the licensee’s family and guests. No person shall at any time take any lobsters by any method except by hand. Use of a tickle stick, which is a straight or slightly bent stick used to agitate a lobster into coming out of its hole, shall be permitted.
(e) All lobsters taken under a scuba diver lobster license shall be of legal size, as provided by RSA 211:62 and in accordance with RSA 211:27, measured immediately upon capture on the seafloor before surfacing. An equipped scuba diver shall not have in his or her possession more than 5 lobsters at any time.
(f) The scuba diver lobster license may not be transferred to any other person.
(g) Annual catch reports shall be required of all scuba diver lobster license holders at the time of renewal or, if not renewing license, at year end. Annual catch information, in a format determined by the executive director, shall be required of all divers before renewal application will be accepted.
(h) The executive director shall adopt rules for the issuance of the license under this paragraph, and rules governing the sex and size of lobsters allowed to be taken under this paragraph provided such rules conform with requirements applicable to recreational and commercial lobster license holders.
3 Scuba Diver Lobster License Removed; 2016. Amend RSA 211:18, III(a) to read as follows:
(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. [A person receiving a recreational lobster and crab license may not also receive the scuba diver lobster license under paragraph III-c.]
4 Repeal; 2016. RSA 211:18, III-c, relative to special scuba diver lobster licenses, is repealed.
5 Effective Date.
I. Sections 3 and 4 of this act shall take effect January 1, 2016.
II. The remainder of this act shall take effect January 1, 2014.
LBAO
13-0718
Revised 03/21/13
Amended 03/18/13
HB 259 FISCAL NOTE
AN ACT relative to special licenses for taking lobster while engaged in recreational scuba diving.
FISCAL IMPACT:
The New Hampshire Fish and Game Department states this bill, as amended by the House (Amendment #2013-0386h), will increase state restricted revenue by an indeterminable amount in FY 2014 through FY 2016. There will be no fiscal impact on state, county, and local expenditures, or county and local revenue.
METHODOLOGY:
The Fish and Game Department states this bill authorizes the Department to issue a newly created $35 license for the noncommercial taking of lobsters while scuba diving between January 1, 2014 and January 1, 2016. The bill also specifies the number of scuba diver lobster licenses available each year shall be equal to the number of recreational lobster and crab licenses available each year. The Department states the number of recreational lobster and crab licenses is currently unlimited, so there is no cap on the number of scuba diver lobster licenses that may be issued. The Department states it is unable to estimate how many licenses might be sold. Revenue from the licenses would be deposited into the Fish and Game Fund. The Department states the bill may result in an increased workload for Department employees, should it create conflicts with commercial and recreational trap lobsterman that require covert law enforcement time to observe and/or apprehend violators. As this work would be performed by existing personnel, it would represent no additional cost to the Department. However, existing duties the employees perform may be postponed or curtailed as a result of the additional duties necessitated by the bill.