HB518 (2015) Detail

Relative to authority to establish fees for licenses issued by the fish and game department.


HB 518 - AS INTRODUCED

2015 SESSION

15-0746

10/04

HOUSE BILL 518

AN ACT relative to authority to establish fees for licenses issued by the fish and game department.

SPONSORS: Rep. Kidder, Merr 5; Rep. Goley, Hills 8

COMMITTEE: Fish and Game and Marine Resources

ANALYSIS

This bill requires that certain fees for licenses issued by the fish and game department be determined by rules adopted by the executive director under RSA 541-A and approved by the fish and game commission.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15-0746

10/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to authority to establish fees for licenses issued by the fish and game department.

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

1 Fish and Game Licenses; Fees; Rulemaking. Amend RSA 214:9 to read as follows:

214:9 Application; Fees. The applicant shall fill out and subscribe to a blank to be furnished by the executive director and pay the agent the [following fees] fee, established in rules adopted by the executive director after approval by the fish and game commission, and the agent fee as provided in RSA 214-A:4, thereupon the applicant shall be issued a license for the following:

I. If the applicant is a resident of this state and wishes to hunt, [$21, and] the agent shall thereupon issue a resident hunting license which shall entitle the licensee to hunt, shoot, kill or take, except by the use of traps, and to transport wild birds and wild animals under the restrictions of this title.

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, under the restrictions of this title.

II-a. [Repealed.]

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, for said time only, under the restrictions of this title.

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 under the restrictions of this title.

IV. If the applicant is a resident of this state and wishes to take fur-bearing animals and coyote by the use of traps, [$27.50, and] the department shall thereupon issue a trapping license, which shall entitle the licensee to take fur-bearing animals and coyote by the use of traps and sell and transport them under the restrictions of this title.

V. If the applicant is a resident under 16 years of age and wishes to take fur-bearing animals and coyote by the use of traps when not accompanied by a licensed trapper 18 years of age or over, [$5.50, and] the agent shall thereupon issue a resident minor’s trapping license, which shall entitle the licensee to take fur-bearing animals and coyote by the use of traps and sell and transport them under the restrictions of this title.

VI. If the applicant is a nonresident, 16 years of age or older, and wishes to hunt, [$102, and] the agent shall thereupon issue a nonresident hunting license which shall entitle the licensee to hunt, shoot, kill and take, except by the use of traps, and to transport wild birds and wild animals under the restrictions of this title.

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 under the restrictions of this title.

VII. [Repealed.]

VII-a. If the applicant is a nonresident and wishes to take small game as defined in RSA?207:1, XXVI, [$52, and] the agent shall thereupon issue a nonresident small game license which shall entitle the licensee to hunt, shoot or take small game; provided, however, this license shall not authorize the taking of fur-bearing animals as defined in RSA 207:1, VIII.

VII-b. If the applicant is a nonresident and wishes to take small game as defined in RSA?207:1, XXVI, for 3 consecutive days, [$24, and] the agent shall thereupon issue a 3-day nonresident small game license which shall entitle the licensee to hunt, shoot, or take small game; provided, however, this license shall not authorize the taking of fur-bearing animals as defined in RSA 207:1, VIII.

VIII. If the applicant is a nonresident, 16 years of age or older, and wishes to take any species of freshwater fish, [$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 under the restrictions of this title, provided that:

(a) [Repealed.]

(b) If the applicant wishes to take said fish for 7 consecutive days, [$33, and] the agent shall thereupon issue a 7-day nonresident fishing license for said time only under the restrictions of this title;

(c) If the applicant wishes to take said fish for 3 consecutive days, [$26, and] the agent shall thereupon issue a 3-day nonresident fishing license for said time only under the restrictions of this title; and

(d) [Repealed.]

(e) If the applicant wishes to take said fish for one day, [$13, and] the agent shall thereupon issue a one-day nonresident fishing license for said time only under the restrictions of this title.

VIII-a. [Repealed.]

VIII-b. [Repealed.]

IX. If the applicant is a nonresident and wishes to take fur-bearing animals and coyotes by the use of traps, the [nonresident shall pay $300] agent shall issue a nonresident trapping license. If the applicant’s state or province does not permit nonresident trappers, said applicant shall be denied a nonresident license in this state.

X.[(a)] If the applicant wishes to hunt pheasants, the agent shall thereupon issue a pheasant license or stamp which shall entitle the licensee to hunt, shoot, kill and take, except by the use of traps, pheasants during the open season.

[(b) The fee for such license or stamp shall be determined by the executive director pursuant to RSA 541-A.]

XI.(a) If the applicant is a resident and wishes to hunt wild turkeys, [$15,] the fish and game department shall thereupon issue a wild turkey license or permit which shall entitle the licensee to hunt, shoot, kill, and take turkey, except by the use of traps, and

(b) If the applicant is a nonresident and wishes to hunt wild turkeys, $30, [and] the fish and game department shall thereupon issue a wild turkey license or permit which shall entitle the licensee to hunt, shoot, kill and take turkey, except by the use of traps.

XII. If the applicant wishes to hunt migratory waterfowl, [$4.00, and] the agent shall thereupon issue a state migratory waterfowl license which shall entitle the licensee to hunt, shoot, kill, and take migratory waterfowl during such time and in such manner and numbers as may be allowed under RSA 209:6.

XIII.(a) Any recognized summer camp or educational facility operated within the state may apply to the executive director of the fish and game department for a group fishing license that may be utilized by individual campers or students while participating in camp or school approved activities. [The fee for the license shall be $25, and] The definitions, requirements for participation, and criteria for obtaining the license shall be determined by the executive director pursuant to rules adopted under RSA 541-A.

(b) [Repealed.]

XIV. [Repealed.]

XV. If the applicant wishes to take wild animals, excluding fish and marine species, or wild birds, [$2.50, and] the agent shall thereupon issue a wildlife habitat stamp or license as provided in RSA 214:1-f. For any year in which a stamp is issued, the agent shall be entitled to retain [$.50 of the $2.50 fee] a portion of the fee adopted in rules of the executive director for each wildlife habitat stamp sold and all stamps sold at the department headquarters or any subagency thereof shall retain the same [$.50] portion of the fee which, notwithstanding RSA 214:1-f, V, shall be credited to the general fish and game fund. Notwithstanding any other provision of law, there shall be no agent fee for a wildlife habitat license issued pursuant to RSA 214:1-f.

XVI.(a) If the applicant is 16 years of age or older and wishes to take, possess, or transport finfish from coastal and estuarine waters under the restrictions of this title, the applicant shall pay the fee [according to the schedule in subparagraph (e),] and the agent shall thereupon issue a recreational saltwater license which shall entitle the licensee to take, possess, or transport finfish from coastal and estuarine waters, 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 finfish from coastal and estuarine waters, shall pay a fee for each charter boat and each party boat [according to the schedule in subparagraph (e),] which shall entitle the owner or operator of the licensed for-hire vessel to take, possess, or transport finfish from coastal and estuarine waters, under the restrictions of this title.

(c) A nonresident holding a valid recreational saltwater license or a for-hire charter or party boat saltwater license from Maine or Massachusetts, shall be allowed to take, possess, or transport finfish from New Hampshire coastal and estuarine waters, provided that the state in which such person purchased a recreational saltwater license or in which the for-hire vessel is registered allows an angler with a New Hampshire recreational saltwater license or a saltwater for-hire vessel with a for-hire license from New Hampshire to recreationally take, possess, or transport finfish in that state’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 fishing” means taking of any marine finfish, by any means for personal use only and which are not sold.

(4) “Charter boat” means a vessel less than 100 gross tons (90.8 metric tons) that meets the requirements of the U.S. Coast Guard to carry 6 or fewer passengers for hire.

(5) “Party boat” or “head boat” means a vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry passengers for hire.

(e) [The following fees shall apply:

(1) $10 for resident and nonresident individuals.

(2) $50 for charter boats and other for-hire vessels, except party boats.

(3) $100 for party boats.

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

2 Effective Date. This act shall take effect July 1, 2015.