HB 442-FN - AS INTRODUCED

 

 

2023 SESSION

23-0741

04/10

 

HOUSE BILL 442-FN

 

AN ACT preventing state resources from being used to enforce lobstering regulations in federal waters and establishing a scuba diver recreational lobster license.

 

SPONSORS: Rep. Hill, Merr. 2; Rep. Ankarberg, Straf. 7; Rep. Weyler, Rock. 14; Rep. Spillane, Rock. 2; Rep. Janvrin, Rock. 40; Rep. Lewicke, Hills. 36; Sen. Pearl, Dist 17

 

COMMITTEE: Fish and Game and Marine Resources

 

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ANALYSIS

 

This bill prohibits the use of state resources or funds to enforce lobstering regulations in federal waters.  The bill also establishes a scuba diver recreational lobster license.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0741

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT preventing state resources from being used to enforce lobstering regulations in federal waters and establishing a scuba diver recreational lobster license.

 

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

 

1  New Section; Lobsters and Crabs.  Amend RSA 211 by inserting after section 45 the following new section:

211:45-a  Use of State Resources Prohibited.  No state resources or funds shall be used to enforce lobstering regulations in federal waters.

2  New Paragraph; Lobsters and Crabs; Scuba Diver Recreational Lobster License.  Amend RSA 211:18 by inserting after paragraph II-a the following new paragraph:

II-b.(a)  A person who is a resident of this state and wishes to engage in scuba diving or freediving, also known as skin diving, as a recreational activity, 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 scuba diver recreational lobster license issued by the executive director.  The executive director shall limit the number of scuba diver recreational lobster licenses to 100 beginning in the year this paragraph becomes effective.  Licenses shall be issued on a first-come, first served basis from the date the executive director establishes as the time when licenses can be issued.

(b)  The executive director shall set the fee for the scuba diver recreational lobster license which shall be credited to the derelict fishing gear and coastal cleanup fund established in RSA 211:77.

(c)  The executive director shall establish the scuba diver recreational lobster season from April 1 through September 15, and a scuba diver recreational lobster license shall be valid for not less than 4 weeks during such season.

(d)  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.

(e)(1)  The executive director shall establish a limit on the number of lobsters taken per day by a scuba diver holding a license under this paragraph, provided such limit shall not be less than 3 lobsters per day per licensee.  Lobsters shall be taken only for the consumption by the licensee, and the licensee's family and guests.

(2)  The executive director shall establish protected zones where the scuba diver recreational lobster license holders can harvest lobsters during the established season.  All areas outside the protected zones shall be restricted to harvesting of lobsters by those with a scuba diver recreational lobster license.  All protected zones where lobsters may be harvested by scuba divers shall be within 100 yards of the shoreline and in an area accessible for both parking and water access and which may already be frequented by divers actively harvesting crab or other legal shellfish.

(f)  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.

(g)  All lobsters taken under a scuba diver recreational lobster license shall be of legal size, as provisioned by RSA 211:62 and in accordance with RSA 211:27, measured immediately upon capture on the seafloor before surfacing.  

(h)  The scuba diver recreational lobster license shall not be transferred to any other person.

(i)  Annual catch reports shall be required of all scuba diver recreational 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.

(j)  The executive director shall adopt rules, pursuant to RSA 541-A, to implement the requirements of this paragraph, provided such rules conform with requirements applicable to non-commercial 5 pot licenses and commercial lobster license holders.

(k)  The executive director shall submit a report to the chairpersons of the house and senate committees with the jurisdiction over scuba diving recreational lobster licensing.  The report shall include the total number of lobsters reported taken by year by non-commercial scuba diving license holders, the total number of non-commercial scuba diving lobster licenses issued, the number of violations issued, the number of investigations detailed by source, such as public complaint, commercial lobsterman complaint, diver complaint, conservation officer complaint.  The executive director shall submit the report within 5 years of the effective date of this paragraph, and every 5 years thereafter.

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

 

LBA

23-0741

1/3/23

 

HB 442-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT preventing state resources from being used to enforce lobstering regulations in federal waters and establishing a scuba diver recreational lobster license.

 

FISCAL IMPACT:

The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2023 through 2026.

 

AGENCIES CONTACTED:

Fish and Game Department