Bill Text - HB1455 (2012)

Relative to special licenses for taking lobster while engaged in recreational scuba diving.


Revision: Dec. 14, 2011, midnight

HB 1455-FN – AS INTRODUCED

2012 SESSION

12-2312

10/01

HOUSE BILL 1455-FN

AN ACT relative to special licenses for taking lobster while engaged in recreational scuba diving.

SPONSORS: Rep. Hill, Merr 6; Rep. Peterson, Hills 19; Rep. Greemore, Belk 3; Rep. Avard, Hills 20

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill allows the fish and game department to issue special licenses for non-commercial taking of lobsters while engaged in recreational scuba diving.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

12-2312

10/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twelve

AN ACT relative to special licenses for taking lobster while engaged in recreational scuba diving.

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

1 Lobster Licenses; Recreational Scuba Diving Endorsement. Amend RSA 211:18, III(a) to read as follows:

(a) If a person is a resident of this state and does not take lobsters or crabs for the purpose of sale and does not use more than 5 traps, the person may receive a recreational lobster and crab license. The total number of licenses issued under this subparagraph may be limited by the executive director, but shall be not less than 100 each year.

2 New Paragraph; Special Lobster License; Scuba Diving. Amend RSA 211:18 by inserting after paragraph III-b the following new paragraph:

III-c. For an additional $15 fee, a person holding a recreational license under subparagraph III(a), who has paid the fee in subparagraph III-a(g), who wishes to engage in scuba diving as a recreational and not commercial activity, and who is in compliance with RSA 270:31 through 32-a, and has attained age 18 years of age, shall be permitted to take lobsters under a special license endorsement of the license issued by the executive director under subparagraph III(a).

(a) The scuba diving endorsement shall be valid for the month of September only. No taking of lobsters shall occur between the hours of 1/2 hour after sunset and 1/2 hour before sunrise.

(b) The total number of scuba diving endorsements issued under this subparagraph may be limited by the executive director, but shall be not less than 100 each year. The license endorsement shall consist of letters and/or numbers which the person engaged in scuba diving shall affix to his or her diving tanks and regulation dive flag in a contrasting color making it readily visible to a conservation officer.

(c) The number of lobsters taken per day by scuba diver holding an endorsement under this subparagraph shall not exceed 5 per licensee and shall be taken only for the consumption by the licensee, and the licensee’s family and guests. No person shall at any time take any lobsters by any methods except by hand. Use of a tickle stick, which is a straight or slightly bent stick used to agitate a lobster into coming out of its hole, shall be permitted. Prohibited methods shall include spearing by the use of spear gun, pole spear, or any other object that may be used to pierce the shell of the lobster as a means of harvest, dipping by the use of a dip net, dragging by the use of mobile or hauled nets or dredges, or snaring by the use of poles with loops. Under no circumstances, are traps of others to be touched by a scuba diver.

(d) The license and endorsement may not be transferred to any other person.

(e) The executive director shall adopt rules for the issuance of the endorsements under this paragraph, and rules governing the sex and size of lobsters allowed to be taken under this paragraph provided such rules conform with requirements applicable to commercial lobster license holders. A person who violates any rules relative to the recreational scuba endorsement shall be subject to a fine to be imposed by the executive director and revocation of any license and endorsement under this paragraph for a period determined by the executive director.

3 Effective Date. This act shall take effect July 1, 2012.

LBAO

12-2312

11/15/11

HB 1455-FN - FISCAL NOTE

AN ACT relative to special licenses for taking lobster while engaged in recreational scuba diving.

FISCAL IMPACT:

      The Fish and Game Department states this bill may increase state fish and game fund revenue by an indeterminable amount in FY 2013 and each year thereafter. There will be no fiscal impact on county or local revenue, or state, county, or local expenditures.

METHODOLOGY:

    The Fish and Game Department states this bill allows it to issue special licenses for non-commercial taking of lobsters while engaged in recreational scuba diving. The Department cannot predict the number of individuals who purchase recreational scuba diving licenses who would also purchase the special license allowed in this bill, so it cannot estimate the increase in revenue as at this time.