HB527 (2008) Detail

Establishing a recreational saltwater license for fishing of marine species in coastal and estuarine waters.


HB 527-FN-A – AS INTRODUCED

2007 SESSION

07-0457

10/01

HOUSE BILL 527-FN-A

AN ACT establishing a recreational saltwater license for fishing of marine species in coastal and estuarine waters.

SPONSORS: Rep. Abbott, Rock 12

COMMITTEE: Fish and Game

ANALYSIS

This bill establishes a recreational saltwater license issued by the fish and game department for taking marine species in coastal and estuarine waters. The bill limits fishing licenses to fresh waters.

This bill is a request of the fish and game department.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0457

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT establishing a recreational saltwater license for fishing of marine species in coastal and estuarine waters.

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

1 New Paragraph; Fish and Game; Definitions; Fishing License. Amend RSA 207:1 by inserting after paragraph VI the following new paragraph:

VI-a. Fishing License or License to Take Fish. The authority to take fish from the fresh waters of the state under a license issued by the fish and game department subject to any restrictions of this title. A fishing license shall be distinct from a saltwater license issued pursuant to RSA 214:9, XVI.

2 Great Bay; Reference to Saltwater License. Amend RSA 211:17-b to read as follows:

211:17-b Operation of Motor Vehicles, Snowmobiles, or OHRVs on Ice on Great Bay. No person shall drive a motor vehicle, snowmobile, or OHRV on the ice on Great Bay, except that any person who holds a New Hampshire [fishing] recreational saltwater license under RSA 214:9, XVI may do so, provided that he or she does not drive or park his or her vehicle any closer than 300 feet to any occupied so-called bob-house, fishing shanty, or fishing hole other than the one [he] the person occupies. The provisions of this section shall not apply to any person engaged in emergency rescue operations or public service of any description. No person driving a motor vehicle, snowmobile, or OHRV on the ice on Great Bay shall operate said vehicle at a speed greater than 10 miles per hour. Whoever violates any provision of this section shall be guilty of a violation.

3 New Paragraph; Licenses; Application; Recreational Saltwater License. Amend RSA 214:9 by inserting after paragraph XV the following new paragraph:

XVI.(a) If the applicant is 16 years of age or older and wishes to take or transport any species of marine finfish from coastal and estuarine waters under the restrictions of this title, the applicant shall pay the resident or nonresident fee according to a fee schedule, which shall be comparable to adjacent states, adopted by the executive director pursuant to RSA 541-A, and the agent shall thereupon issue a recreational saltwater license which shall entitle the licensee to take or transport all species of marine finfish, under the restrictions of this title, provided that any person participating in a recreational saltwater fishing opportunity on a for-hire vessel, which is licensed under subparagraph (b), shall be exempt from the license requirement of this subparagraph.

(b) A resident or nonresident owner or operator of a for-hire vessel who wishes to provide recreational saltwater fishing opportunities for persons taking marine species of finfish from coastal and estuarine waters, shall pay a fee for each resident coast guard inspected vessel, for each resident coast guard uninspected vessel, for each nonresident coast guard inspected vessel, and for each nonresident coast guard uninspected vessel, according to a fee schedule, which shall be comparable to adjacent states, adopted by the executive director pursuant to RSA 541-A.

(c) A nonresident holding a valid recreational saltwater license or a for-hire vessel license from such person’s state or commonwealth of residence, shall be allowed to fish in New Hampshire coastal and estuarine waters, provided that the state or commonwealth in which such person is a resident or in which the for-hire vessel is registered allows a properly saltwater licensed New Hampshire resident or a properly saltwater licensed registered for-hire vessel to recreationally take saltwater finfish in that state’s or commonwealth’s coastal and estuarine waters.

(d) In this paragraph:

(1) “Coastal and estuarine waters” means all waters within the rise and fall of the tide, and water below any fishway or dam which is normally the dividing line between tide water and fresh water, or below any tidal bound which has been legally established in streams flowing into the sea under the jurisdiction of the state.

(2) “For-hire vessel” means a party boat, charter boat, dive boat, head boat or other boat hired by persons to engage in recreational saltwater fishing opportunities.

(3) “Recreational saltwater license” means taking of any marine finfish, by any means for personal use only and which are not sold.

(e) The executive director shall adopt rules under RSA 541-A on the further definitions, criteria, and requirements for obtaining the licenses under this paragraph.

4 License Required; Marine Species Added. Amend RSA 214:1 to read as follows:

214:1 License Required. No person, except as hereinafter provided, shall at any time fish, hunt, trap, shoot, pursue, take or kill freshwater fish, marine finfish species, saltwater smelt, saltwater shad, saltwater salmonoids, wild birds, or wild animals in this state, without first procuring a proper and valid license to do so, and then only in accordance with the terms of such license and subject to all the provisions of this title. The licensee shall carry such license on his or her person when so engaged, and the license shall be subject to inspection on demand of any person.

5 Licenses for Aged Persons. Amend RSA 214:6 to read as follows:

214:6 Licenses for Aged Persons. Any resident of this state who is over 65 years of age and who is receiving public aid may, upon presentation of proof of such aid, make application each year to the executive director of fish and game for a special license to [fish] take, and to transport freshwater fish and [saltwater smelt] marine species of finfish, under the restrictions of this title. Such license shall be marked in such manner as the executive director may designate and there shall be no fee for such license.

6 Fishing License; Saltwater Species Removed. Amend RSA 214:9, II to read as follows:

II. If the applicant is a resident of this state and wishes to fish, $33, and the agent shall thereupon issue a resident fishing license, which shall entitle the licensee to kill, take and transport all species of freshwater fish, [saltwater smelt, saltwater shad, and saltwater salmonoids] under the restrictions of this title.

7 One-Day Fishing License; Saltwater Species Removed. Amend RSA 214:9, II-b to read as follows:

II-b. If the applicant is a resident of this state and wishes to fish for one day, $8, and the agent shall thereupon issue a one-day resident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids], for said time only, under the restrictions of this title.

8 New Paragraph; One-Day Saltwater License. Amend RSA 214:9 by inserting after paragraph II-b the following new paragraph:

II-c. If the applicant wishes to take or transport marine species of finfish from coastal and estuarine waters, such person shall, if a resident, pay $5 and if a non-resident, pay $10, and the agent shall thereupon issue a one-day recreational saltwater license. The definitions, criteria, and requirements for obtaining a license under this paragraph shall be determined in rules adopted by the executive director pursuant to RSA 541-A.

9 Hunting and Fishing License; Saltwater Species Removed. Amend RSA 214:9, III to read as follows:

III. If the applicant is a resident of this state and wishes to hunt and fish, $44, and the agent shall thereupon issue a resident hunting and fishing license, which shall entitle the licensee to hunt, shoot, kill or take, except by use of traps, and to transport wild birds, wild animals, and all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids] under the restrictions of this title.

10 Hunting and Fishing License; Saltwater Species Removed. Amend RSA 214:9, VI-a to read as follows:

VI-a. If the applicant is a nonresident and wishes to hunt and fish, $139, and the agent shall thereupon issue a nonresident hunting and fishing license, which shall entitle the licensee to hunt, shoot, kill, or take, except by use of traps, and to transport wild birds, wild animals, and all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonids] under the restrictions of this title.

11 Nonresident Fishing License; Saltwater Species Removed. Amend the introductory paragraph of RSA 214:9, VIII to read as follows:

VIII. If the applicant is a nonresident, 16 years of age or older, and wishes to take any species of freshwater fish[, saltwater smelt, saltwater shad, or saltwater salmonoids], $51, and the agent shall thereupon issue a nonresident fishing license which shall entitle the licensee to kill, take and transport all species of freshwater fish[, saltwater smelt, saltwater shad, and saltwater salmonoids,] under the restrictions of this title, provided that:

12 References Changed; Special License for Persons Over 68 Years of Age. Amend RSA 214:7-a to read as follows:

214:7-a Persons Over 68 Years of Age. Any resident of this state who is 68 years of age or over may make application, to any authorized agent of the state for the sale of freshwater fishing, hunting or trapping licenses, for a special license to fish[,] in freshwaters and hunt or trap, under the restrictions of this title. Such license may permit the use of a muzzle-loading firearm and bow and arrow. The license shall be marked in such manner as the executive director may designate, and there shall be no fee, including the agent's fee, for such license. The license shall be effective for the resident during the remainder of the resident's life, as long as the applicant remains a resident of the state, unless sooner suspended or revoked by the executive director. The minimum residency requirements of RSA 214:7-b are applicable.

13 Lifetime Licenses. Amend RSA 214:9-c, I(a) to read as follows:

I.(a) The executive director, at the department of fish and game headquarters only, shall issue lifetime hunting, freshwater fishing, or combination hunting and freshwater fishing licenses similar to that issued on an annual basis under RSA 214:9, III to any resident applicant upon payment of the proper fee, which shall be established by the executive director in accordance with the provisions of paragraph II.

14 Effective Date. This act shall take effect January 1, 2008.

LBAO

07-0457

01/25/07

HB 527-FN-A - FISCAL NOTE

AN ACT establishing a recreational saltwater license for fishing of marine species in coastal and estuarine waters.

FISCAL IMPACT:

    Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.