Revision: Feb. 15, 2013, midnight
SB 122-FN – AS INTRODUCED
2013 SESSION
10/03
SENATE BILL 122-FN
AN ACT establishing a commercial shrimp license.
SPONSORS: Sen. Watters, Dist 4; Sen. Stiles, Dist 24; Rep. Reed, Merr 2; Rep. Ketel, Straf 17
COMMITTEE: Energy and Natural Resources
This bill establishes requirements for the issuance of a commercial shrimp license by the fish and game department to persons wishing to take, possess, land, or transport northern shrimp on the waters of this state.
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0408
10/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT establishing a commercial shrimp license.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Commercial Shrimp License. Amend RSA 211 by inserting after section 49-d the following new section:
211:49-e Commercial Shrimp License.
I. Any resident of this state, or an eligible nonresident, who takes, possesses, lands, or transports northern shrimp (Pandalus borealis) on the waters of this state by any method for the purpose of sale, regardless of where the catch was taken, shall first procure a valid license from the executive director to do so.
II. The fee for the northern shrimp license shall be $100 for residents.
III. The fee for the northern shrimp license shall be $500 for nonresidents. A nonresident shall not be eligible to obtain a commercial shrimp license unless the state in which such person is a resident provides a reciprocal licensing privilege for residents of this state.
IV. The license shall be for the operator of the boat, vessel, flotation device, or gear, and helpers.
V. Any person so licensed shall furnish to the executive director such information concerning the harvest or fishing activities for northern shrimp as the executive director may require by rule.
VI. Licensees shall be responsible for conducting their fishing activities in compliance with the rules adopted by the executive director under RSA 211:62.
VII. Any person convicted of violating any provision of this section shall be guilty of a violation if a natural person and a misdemeanor if any other person. In addition, the defendant’s catch shall be confiscated and sold according to rules adopted by the executive director pursuant to RSA 541-A and the proceeds of such sale shall become the property of the New Hampshire fish and game department.
VIII. The executive director may adopt rules to establish the number of commercial shrimp licenses available under this section. The executive director may adopt rules to establish eligibility criteria for an individual to be eligible to purchase a commercial shrimp license.
2 Nonresident Commercial Salt Water License; Exclusion Added. 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, possession, landing, or transport of northern shrimp (Paudulus borealis) which requires a license under RSA 211:49-e, or the taking of lobsters and crabs, which requires a license under RSA 211:18. A nonresident shall not take sea urchins, clam worms, river herring, or scallops unless the state in which such person is a resident provides a reciprocal licensing privilege for residents of this state.
3 Nonresident Wholesaler License; Northern Shrimp Excluded. Amend RSA 211:49-aa, II and III to read as follows:
II. No person, firm, or corporation, whose ship, vessel, or similar craft is within the territorial waters of this state shall engage in the processing or wholesale trade of any marine species, excluding northern shrimp, lobster, and crabs, without first procuring a license under this section.
III. The license under this section shall not entitle a person, firm, or corporation to transport on state waters lobsters and crabs or northern shrimp taken outside the jurisdiction of the state via ship, vessel, or similar craft for the purposes of landing the lobsters and crabs in the state as permitted under RSA 211:49-d and the northern shrimp in this state under RSA 211:49-e.
4 Resident Commercial Salt Water License; Exclusion Added. Amend RSA 211:49-b, I to read as follows:
I. Any resident of this state who takes, possesses, lands, or transports on the waters of this state any marine species by any method for the purpose of sale, regardless of where the catch was taken, shall first procure a valid license from the executive director to do so. This license shall not include the taking, possession, landing, or transport of northern shrimp (Paudulus borealis) which requires a license under RSA 211: 49-e, or the taking of lobsters and crabs, which requires a license under RSA 211:18.
5 Resident Wholesaler License; Northern Shrimp Excluded. Amend RSA 211:49-c, II to read as follows:
II. Any person, firm, or corporation, whose ship, vessel, or similar craft is within the territorial waters of this state and engaged in the processing or wholesale trade of any marine species, excluding northern shrimp, lobster, and crabs, shall first procure a license as required under this section.
6 Effective Date. This act shall take effect January 1, 2014.
LBAO
13-0408
01/22/13
SB 122-FN - FISCAL NOTE
AN ACT establishing a commercial shrimp license.
FISCAL IMPACT:
The Fish and Game Department states this bill, as introduced, will increase state restricted revenue by $10,000 in FY 2014 and each year thereafter. The Judicial Branch and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2014 and each year thereafter. There will be no fiscal impact on local expenditures or county and local revenue.
METHODOLOGY:
The Department of Fish and Game states the proposed legislation establishes requirements for the issuance of a commercial shrimp license to persons wishing to take, possess, land, or transport northern shrimp on the waters of the state. The Department notes the proposed legislation establishes the fee for licensure at $100 for residents and $500 for non-residents. Based on data derived from commercial saltwater license applications, the Department estimates they will issue approximately 50 resident and 10 non-resident commercial shrimp licenses per year. Accordingly, the Department estimates the proposed legislation will increase fish and game fund revenue by $10,000 in FY 2014 and each year thereafter (($100 x 50) + ($500 x 10) = $10,000).
The Judicial Branch states this bill establishes any person convicted of violating any provision of the proposed legislation shall be guilty of a violation if a natural person and a misdemeanor if any other person. The Branch states the cost of a violation case in the district court will be $42.85 in FY 2014 and $44.36 in FY 2015. The Branch states the cost of a class B misdemeanor case in the district court will be $44.32 in FY 2014 and $45.84 in FY 2015. The Branch has no information to estimate how many charges would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures. However, if a single case were to be appealed to the New Hampshire Supreme Court, the fiscal impact would be in excess of $10,000.
The New Hampshire Association of Counties states to the extent more individuals are charged and prosecuted, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be charged and prosecuted as a result of this bill to determine an exact fiscal impact. There is no impact on county revenue.
The Department of Justice states this bill will have no fiscal impact on the Department.