HB310 (2005) Detail

Relative to requirements of the fish and game department before a coastal area may be closed to fishing of marine species.


HB 310 – AS INTRODUCED

2005 SESSION

05-0063

10/09

HOUSE BILL 310

AN ACT relative to requirements of the fish and game department before a coastal area may be closed to fishing of marine species.

SPONSORS: Rep. Morris, Rock 14; Rep. Hammond, Graf 11; Rep. Pilliod, Belk 5; Rep. Gibson, Hills 19; Rep. Goyette, Hills 27

COMMITTEE: Fish and Game

ANALYSIS

This bill requires the fish and game department to follow a procedure and have a public hearing before closing a coastal water area to fishing of marine species.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0063

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to requirements of the fish and game department before a coastal area may be closed to fishing of marine species.

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

1 Findings and Purpose. The general court finds that the coastal waters of this state are an important natural resource, and that fishing of marine species is critical to the economic way of life in the state, therefore the effective planning, assessment, and management in the conservation of the resources of New Hampshire waters are important for the protection of the aquatic environment and the enhancement of recreational and commercial fishing. The general court further finds that persons engaged in fishing in this state have long demonstrated conservation ethics by seeking and supporting fishery management plans, participating in voluntary research programs and educational outreach, and practicing ethical fishing. The purpose of this act is to protect the aquatic environment using a variety of management measures without closing New Hampshire coastal waters to fishing.

2 New Section; Fish and Game; Powers of the Executive Director; Closing a Coastal Area to Fishing of Marine Species. Amend RSA 206 by inserting after section 16 the following new section:

206:16-a Closing a Coastal Area to Fishing of Marine Species; Required Procedure.

I. The executive director, pursuant to the authority granted in this chapter or RSA 211, shall not close any coastal waters under the jurisdiction of the state to fishing of marine species of fin fish unless the executive director:

(a) Finds that a closure is necessary. A finding shall address:

(1) The purpose of the closure of the area.

(2) The rationale for selecting the specific area for closure.

(3) The adequacy of the closure to generate the projected benefits.

(4) Whether the management objective can be effectively accomplished through the use of other management measures.

(5) The scientific basis for the finding.

(b) Develops protocols for the monitoring and evaluating of the effectiveness of the closure of a fishing area.

(c) Prepares a report on each closure stating the findings and results of monitoring as required in this paragraph.

(d) Holds a public hearing on the closure. The department shall advertise, for 2 successive weeks in advance of the hearing, the time, place, and purpose of the hearing in one newspaper of general daily circulation in the state, and at least one newspaper circulated in the area whose coastal or estuarine waters may be directly affected by the proposed closure. The department shall make the reports required in subparagraph (c) available to the public at least 15 days prior to the first hearing.

II. At least once in every 3 years after the establishment of a coastal area closed to fishing of marine fin fish, the department shall evaluate the effectiveness of the closure in accomplishing the management objective, based on the protocols adopted under subparagraph I(b), and shall determine whether the reopening of the closed area is appropriate.

III. Any failure of the department to follow the procedures for closing coastal waters under the jurisdiction of the state to fishing of marine fin fish required by this section shall result in the reopening of the area to fishing as permitted under the laws and rules of this state.

IV. The procedures for the fish and game department in this section shall not apply where the department has determined the protection of public health and safety, potential exposures to toxins, pathogens, or other conditions which warrant a temporary emergency closure of an area to fishing, or a longer-term ban on consumption or harvesting of a specific fish.

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