CHAPTER 193
SB 89 – FINAL VERSION
03/14/13 0781s
22May2013… 1489h
2013 SESSION
10/05
SENATE BILL 89
AN ACT relative to the definition of lead fishing sinkers and jigs and the penalties for prohibited sales of lead fishing sinkers and jigs.
SPONSORS: Sen. Forrester, Dist 2; Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Odell, Dist 8; Sen. Pierce, Dist 5; Sen. Hosmer, Dist 7; Sen. Reagan, Dist 17; Sen.?Gilmour, Dist 12; Rep. Lefebvre, Sull 1; Rep. L. Ober, Hills 37; Rep. Kurk, Hills 2; Rep. Kidder, Merr 5
COMMITTEE: Energy and Natural Resources
This bill clarifies the definition of lead fishing sinkers and jigs which are subject to the prohibition on sale and use in the state. The bill also provides that the penalty for a retail sale of a prohibited lead fishing sinker and jig is a separate violation for each day of sale.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/14/13 0781s
22May2013… 1489h
13-0864
10/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to the definition of lead fishing sinkers and jigs and the penalties for prohibited sales of lead fishing sinkers and jigs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
193:1 Fish and Game; Definition of Lead Fishing Sinkers and Jigs. Amend RSA 211:13-b, IV to read as follows:
IV. For purposes of this section, “lead sinker” means any sinker made from lead[, the lead portion of which has a mass of] that weighs one ounce or less, and “lead jig” means a lead weighted hook that [measures less than one inch along its longest axis] weighs one ounce or less. Prohibited fishing tackle shall include lead sinkers with a total weight of one ounce or less and lead jigs with a total weight of one ounce or less, regardless of whether they are painted, coated, or covered by some other substance or by attached skirts. Lead sinkers and lead jigs shall not include lead fishing related items including but not limited to [fishing line, flies, lures, or spoons] lead core line, spinnerbaits, buzzbaits, spoons, poppers, plugs, or flies.
193:2 Sale Prohibited; Lead Fishing Sinkers and Jigs. Amend RSA 339:77 to read as follows:
339:77 Lead Fishing Sinkers and Jigs; Sale Prohibited.
I. No person shall sell at retail or offer for retail sale within the state of New Hampshire a lead sinker or lead jig. [The definition of lead sinker and lead jig in RSA 211:13-b, IV shall apply to this section.]
II. For purposes of this section, “sell at retail” or “retail sale” means the sale to any person in the state of New Hampshire for any purpose other than for resale, “lead sinker” means any sinker made from lead that weighs one ounce or less, and “lead jig” means a lead weighted hook that weighs one ounce or less. Prohibited fishing tackle shall include lead sinkers with a total weight of one ounce or less and lead jigs with a total weight of one ounce or less, regardless of whether they are painted, coated, or covered by some other substance or by attached skirts. Lead sinkers and lead jigs shall not include lead fishing related items, including but not limited to lead core line, spinnerbaits, buzzbaits, spoons, poppers, plugs, or flies.
III. Any person who violates this section shall be guilty of a separate violation for each day of sale or offering of sale, provided that the penalty for each violation of this section shall not exceed $250.
193:3 Effective Date. This act shall take effect June 1, 2016.
Approved: July 2, 2013
Effective Date: June 1, 2016