CHAPTER 293
HB 1747-FN – FINAL VERSION
22Feb2006… 0886h
05/03/06 1917s
24May2006… 2249eba
2006 SESSION
08/09
HOUSE BILL 1747-FN
AN ACT establishing a New Hampshire healthy tidal waters and shellfish protection program and making an appropriation therefor.
SPONSORS: Rep. Gillick, Rock 15; Rep. Weare, Rock 14; Rep. S. Francoeur, Rock 15; Rep. Stiles, Rock 15; Rep. Bridle, Rock 15; Sen. Fuller Clark, Dist 24; Sen. Hassan, Dist 23
This bill establishes a New Hampshire healthy tidal waters and shellfish protection program and fund, and makes an appropriation to fund the program.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Feb2006… 0886h
05/03/06 1917s
24May2006… 2249eba
06-2595
08/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT establishing a New Hampshire healthy tidal waters and shellfish protection program and making an appropriation therefor.
Be it Enacted by the Senate and House of Representatives in General Court convened:
293:1 Purpose. The purpose of this act is to replace federal funds received in past years with state funds in order to keep an existing program fully operational. The state shall fund the program with a $175,000 appropriation from the general fund. This act is consistent with and supported by 1993, 251 (HJR 4), approved June 15, 1993; RSA 143:26; RSA 211:63; RSA 143:21; RSA 143:21-a; and RSA 485-A:8, V.
293:2 New Subdivision; Healthy Tidal Waters and Shellfish Protection Program. Amend RSA 487 by inserting after section 33 the following new subdivision:
New Hampshire Healthy Tidal Waters and
Shellfish Protection Program
487:34 Healthy Tidal Waters and Shellfish Protection Program Established.
I. There is established within the department of environmental services the New Hampshire healthy tidal waters and shellfish protection program. This program ensures that water quality in coastal waters supports the propagation, conservation, and harvest of shellfish.
II. To the extent that funds are available, the department shall:
(a) Exercise and administer the classification of coastal waters under New Hampshire shellfish sanitation control authority, pursuant to RSA 143:21 and RSA 143:21-a, so that all waters suitable for shellfish propagation and harvest are classified, and, to the maximum extent possible, classified areas are approved for harvest of shellfish, in accordance with the National Shellfish Sanitation Program.
(b) Identify impaired water quality for shellfish harvesting and work with cooperating agencies and the public to mitigate impairments.
(c) Educate citizens about the need for watershed stewardship to keep coastal waters clean for harvest of shellfish and other designated uses that depend upon safe and clean water.
(d) Conduct strategic planning, together with cooperating agencies and organizations, for New Hampshire’s shellfish program, to enhance recreational shellfish harvest and establish commercial aquaculture harvest potential.
487:35 Finding of Public Purpose. The general court finds that it is for the public good and welfare of this state to protect and preserve its tidal waters for propagation and harvest of shellfish and for other beneficial uses. Shellfish propagation and harvest is a primary indicator of the overall ecological and water quality health of coastal waters. As such, the general court further recognizes the need to restore, preserve, and maintain the state’s tidal waters in order that these significant environmental, aesthetic, and recreational assets will continue to benefit the social and economic well-being of the state’s citizens.
487:36 Definitions. In this subdivision:
I. “Commissioner” means the commissioner of the department of environmental services.
II. “Coastal waters” means surface waters of the state, as defined in RSA 485-A:2, XIV, that are subject to the influence of the tides.
III. “Department” means the department of environmental services.
487:37 Healthy Tidal Waters and Shellfish Protection Fund Established.
I. A special healthy tidal waters and shellfish protection fund is established for exclusive use by the department to accomplish the purposes of this subdivision. This fund shall be nonlapsing and continually appropriated to the department for the purposes of this subdivision.
II. The commissioner may apply for and accept, from any source, gifts; donations of money; federal, municipal, or private grants; legislative appropriations; and other funds and incentives for the purposes of this subdivision. The funds accepted under this paragraph shall be paid into the healthy tidal waters and shellfish protection fund established under paragraph I.
293:3 New Subparagraph; New Hampshire Healthy Tidal Waters and Shellfish Protection Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (242) the following new subparagraph:
(243) Moneys received under RSA 487:37, II which shall be credited to the New Hampshire healthy tidal waters and shellfish protection fund established under RSA 487:37.
293:4 Appropriation. The sum of $175,000 is hereby appropriated for the fiscal year ending June 30, 2007 to the healthy tidal waters and shellfish protection fund established in RSA 487:37. The governor is authorized to draw a warrant for said sum of any money in the treasury not otherwise appropriated.
293:5 Effective Date. This act shall take effect July 1, 2006.
Approved: June 15, 2006
Effective: July 1, 2006