Bill Text - HB526 (2009)

Changing certain references in fish and game laws to river herring.

Revision: April 9, 2009, midnight






AN ACT changing certain references in fish and game laws to river herring.

SPONSORS: Rep. J. Russell, Rock 13; Rep. Abbott, Rock 12; Rep. Henson, Rock 13; Sen. Gallus, Dist 1

COMMITTEE: Fish and Game and Marine Resources


This bill changes references in statute from alewives and bluebacks to river herring.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Nine

AN ACT changing certain references in fish and game laws to river herring.

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

1 Fish and Game; Alewives. Amend RSA 211:48-a to read as follows:

211:48-a [Alewives] River Herring. A resident of this state or a nonresident who is licensed under RSA 211:49-a may use a seine, net, or weir for the taking of [alewives] river herring from the waters of New Hampshire.

2 Use of Nets; Lamprey River. Amend RSA 211:48-b, II to read as follows:

II. Notwithstanding any rules to the contrary, except as limited by this section, any resident as defined in RSA 207:1, XXIII may set or use a net or weir in the remaining tidal portion of the Lamprey River or tributaries for the taking of [alewives and bluebacks] river herring only to a point downstream to a point perpendicular with the 2 river banks from Shackfords point to Moody point in the town of Newmarket, provided that said person shall obtain a permit under rules as adopted in accordance with RSA 541-A which shall be granted by the executive director. Such permittee shall be required to submit a report under rules as adopted in accordance with RSA 541-A and said information shall be a public record. [The executive director shall report during the month of January to the house fish and game committee and the senate committee on development, environment and recreation of each year until 1992 as to the annual catch and the status of fisheries management programs in the Lamprey River.]

3 Use of Nets; Lamprey River. Amend RSA 211:48-b, III(c) to read as follows:

(c) No person shall take [alewives (alosa pseudoharengus) and bluebacks (alosa aestiralis)] river herring from the waters of the Lamprey River by any method between sunrise Wednesday and sunrise Thursday of any week. During such period all nets shall be removed and a weir shall be constructed so that total escapement of all river herring shall occur.

4 Nonresident Commercial Salt Water License. Amend RSA 211:49-a, I to read as follows:

I. Any person who does not qualify as a resident under RSA 207:1, who takes, possesses, lands, or transports by any method, from or on the waters of this state, regardless of where the catch was taken, any marine species by any method for the purpose of selling the same, shall first procure a valid license from the executive director to do so. This license shall not include the taking of lobsters and crabs, which requires a license under RSA 211:18. A nonresident shall not take sea urchins, clam worms, [alewives] river herring, or scallops unless the state in which such person is a resident provides a reciprocal licensing privilege for residents of this state.

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