TITLE XVIII
FISH AND GAME

CHAPTER 211
FISH, SHELLFISH, LOBSTERS AND CRABS

Salt Water Fish, Clams, Etc.

Section 211:49-b

    211:49-b Resident Commercial Salt Water License. –
I. Any resident of this state who takes, possesses, lands, or transports on the waters of this state any marine species by any method for the purpose of sale, regardless of where the catch was taken, shall first procure a valid license from the executive director to do so. This license shall not include the taking, possession, landing, or transport of northern shrimp (Paudulus borealis) which requires a license under RSA 211:49-e, or the taking of lobsters and crabs, which requires a license under RSA 211:18.
II. The fee for such annual license shall be set by the executive director pursuant to RSA 206:10, I. The license shall be for the operator of the boat, vessel, flotation device, or gear, and helpers; provided, however, that helpers shall not be allowed for the taking of sea urchins or scallops by diving. The executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear and coastal cleanup fund established in RSA 211:77, and shall adopt rules for implementing and collecting the surcharge. Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program, or the sea urchin or scallop fishery, shall not be required to pay the surcharge. The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.
III. Any person so licensed shall furnish to the executive director such information concerning the marine species or fishing activities as the executive director may require by rule.
IV. Licensees shall be responsible for conducting their fishing activities in compliance with the rules adopted by the executive director under RSA 541-A.
V. Any person convicted of violating any provision of this section shall be guilty of a violation if a natural person and a misdemeanor if any other person. In addition, the defendant's catch shall be confiscated and sold according to rules adopted by the executive director pursuant to RSA 541-A and the proceeds of such sale shall become the property of the New Hampshire fish and game department.

Source. 1983, 254:1. 1986, 9:2. 1991, 229:3. 1994, 150:3. 1997, 10:8. 2004, 166:5, eff. May 24, 2004. 2013, 129:4, eff. Jan. 1, 2014. 2015, 186:16, eff. July 1, 2015. 2021, 208:2, Pt. V, Sec. 5, eff. Jan. 1, 2022.