HB 1524-FN-A - AS INTRODUCED
2016 SESSION
\t16-2073
\t10/09
HOUSE BILL\t1524-FN-A
AN ACT\trepealing fish and game department authority to establish fees by administrative rulemaking.
SPONSORS:\tRep. Duarte, Rock. 2; Rep. Spillane, Rock. 2; Rep. Burt, Hills. 39; Rep. Tamburello, Rock. 5; Rep. Rappaport, Coos 1; Rep. Hill, Merr. 3; Rep. Rideout, Coos 7
COMMITTEE:\tFish and Game and Marine Resources
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ANALYSIS
\tThis bill inserts statutory fees for licenses and permits issued by the fish and game department which were removed by 2015, 186 (HB 212), and removes rulemaking authority for the fees.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2073
\t10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trepealing fish and game department authority to establish fees by administrative rulemaking.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Fish and Game Department; Fee Authority Removed. Amend RSA 206:10, I as follows:
\t\tI. It shall be the duty of the executive director to function as the chief administrator of the commission and to protect, propagate and preserve the fish, game, and wildlife resources of the state and to protect and conserve nongame birds of the state. The executive director shall, subject to the limitations hereinafter set forth, have the power and authority to adopt and enforce rules, pursuant to RSA 541-A, for the adequate and effective control, management, restoration, conservation, and regulation of the fish, game, bird, and wildlife resources of the state, including rules designed to prohibit or otherwise regulate nonagricultural activities which may cause the introduction or spread of infectious disease in the state’s wildlife resources. Such power and authority shall include[: (a)] the right[, after consultation with the commission,] to [set and charge fees adopted pursuant to RSA 541-A, (b) the right to] open and close the season for taking fish, game, birds, and wildlife, and [(c)] the right to fix the size, number and weight limits, and other conditions governing the method and manner of taking the same. Such power and authority may be exercised with reference to the state as a whole, or for any specified county or part thereof, or for any lake, pond, stream, or part thereof.
\t2 Fish and Game; Crossbow Permit; Disability; Fee. Amend RSA 207:10-c, V, to read as follows:
\t\tV. [An] A $10 administrative fee [set by the executive director pursuant to RSA 206:10, I] shall be charged once, upon application to the executive director for such permit.
\t3 Fish and Game; Dog Training; Fee. Amend RSA 207:12-a, I to read as follows:
\t\tI. Any person who is licensed to hunt within the state may be issued a training permit for the training of bird dogs and trail or tree hounds during the closed season on any wildlife, except deer, moose, caribou, elk, lynx, cougar, bobcat, and turkey, upon application and the payment of a $5 fee. The executive director shall adopt rules pursuant to RSA 541-A, relative to the [amount of the fee for the training permit and the] period for the training of bear dogs. Notwithstanding the provisions of this paragraph, field trials shall be permitted pursuant to RSA 207:13.
\t4 Fish and Game; Field Trials. Amend RSA 207:13, I to read as follows:
\t\tI. Field trials for dogs may be held at such times, in such manner, and under such restrictions, as may be prescribed by the executive director. Any person wishing to hold a field trial shall first obtain a written permit from the person on whose land it is proposed to hold the trial, present the same to the executive director, and pay a fee [set by the executive director pursuant to RSA 206:10, I] of $9.50, including field trials for coon dogs and such night hunts for coon dogs as authorized by paragraph II. The executive director may thereupon issue a permit for such field trial. The executive director or his duly authorized agent shall supervise the holding of such field trial, enforce the terms of the permits, and the rules for its conduct. The executive director shall adopt rules under RSA 541-A for the conduct of field trials as in his or her opinion are necessary to safeguard the interest of the wildlife of the state, provided that the executive director shall issue permits for beagle trials to any beagle club recognized by the American Kennel Club for trials to be run under the rules and regulations of the American Kennel Club. The fee for this permit shall [be set by the executive director pursuant to RSA 206:10, I] not exceed $9.50. The executive director or his or her authorized agent shall enforce the terms of such permits.
\t5 Fish and Game; Bow and Arrow; License Fee. RSA 208:5, I is repealed and reenacted to read as follows:
\t\tI. Any resident 16 years of age or older, upon the payment of $21, or any nonresident 16 years of age or older, upon the payment of a fee of $72, shall be issued an archery license.
\t6 Fish and Game; Muzzleloaders. Amend RSA 208:5-a to read as follows:
\t208:5-a Muzzleloaders. A person who has complied with the licensing requirements relative to hunting deer pursuant to RSA 214, upon payment of a fee of $15 by residents or a fee of $40 by nonresidents, shall be issued a license[, upon payment of a fee set by the executive director pursuant to RSA 206:10, I, for the following categories: residents 16 years of age or older and nonresidents 16 years of age or older]. A muzzleloading license shall not be required for residents less than 16 years of age, but such person while hunting with a muzzleloading firearm shall be accompanied by a properly licensed person who is 18 years of age or over and must also comply with all provisions of this chapter. The license shall entitle the holder to hunt deer with a single shot muzzleloading firearm.
\t7 Fish and Game; Special Deer Permits. Amend RSA 208:5-b to read as follows:
\t208:5-b Special Deer Permits. The executive director may issue special deer permits to a person licensed with the applicable license to hunt issued under RSA 214, RSA 208:5, or RSA 208:5-a. The executive director shall adopt rules pursuant to RSA 541-A relative to fixing the number and sex limitations for wild deer and any other conditions governing the location, method, and manner of taking as well as the issuance and fee for special deer permits. The executive director may charge a fee not to exceed $15 for all applications for special deer permits.
\t8 Fish and Game; Black Bears. Amend RSA 208:24, II to read as follows:
\t\tII. No person shall take wild black bears in this state without first procuring a bear license and tag in addition to the applicable license to hunt issued pursuant to RSA 214 or RSA 208:5. The cost of the bear license and tag[, for both residents and nonresidents,] shall be [set by the executive director pursuant to RSA 206:10, I] $15 for residents and $47 for nonresidents.
\t9 Fish and Game; Fishing Tournaments. Amend RSA 211:16-b to read as follows:
\t211:16-b Fishing Tournaments.
\t\tI. No person shall promote or operate any fishing tournament in the waters under the jurisdiction of this state without first procuring a special permit from the executive director to do so. The fee for a permit issued under this section is $25.
\t\tII. The executive director shall adopt rules, pursuant to RSA 541-A, relative to definitions, [fees,] conditions, requirements for waivers, including waivers of the fee, qualifications, and all other criteria relating to the operation of a fishing tournament on any waters of the state.
\t10 Fish and Game; Lobster and Crab. Amend RSA 211:18, III-a to read as follows:
\t\tIII-a. The [executive director shall set the fee pursuant to RSA 206:10, I for the following lobster and crab license types] following fees shall apply to lobster and crab license types issued under this section:
\t\t\t(a) Resident commercial lobster and crab license; $300.
\t\t\t(b) Nonresident commercial lobster and crab license; $600.
\t\t\t(c) Resident limited commercial lobster and crab license; $175.
\t\t\t(d) Nonresident limited commercial lobster and crab license; $350.
\t\t\t(e) Resident part-time commercial lobster and crab license; $103.
\t\t\t(f) Nonresident part-time commercial lobster and crab license; $350.
\t\t\t(g) Recreational lobster and crab license; $35.
\t11 Fish and Game; Lobster Helper’s License. Amend RSA 211:20 to read as follows:
\t211:20 Helper’s License. Any person licensed under the provisions of RSA 211:18 may get a helper’s license which entitles the person to have the help of a person in the taking of lobsters or crabs. The helper’s license may be transferred to any one helper employed by the licensee, but may not be transferred to a person who previously had a lobster license which is under suspension. A helper may assist, set, or haul pots or traps or any other device used in the taking of lobsters and crabs only in the presence of and aboard the boat of a person licensed under the provisions of RSA 211:18, and who holds a valid helper’s license. The fee for a helper’s license is $10. The executive director shall adopt rules pursuant to RSA 541-A relative to the [fee for a helper’s license and the] terms and restrictions of a helper’s license to comply with lobster trap limits established under the Atlantic States Marine Fisheries Commission management plan for American lobster relative to reduced fishing effort.
\t12 Fish and Game; Lobster Retail Dealer. RSA 211:39, II is repealed and reenacted to read as follows:
\t\tII.(a) A fee of $25 shall be charged for a license issued to a resident retail dealer selling lobsters, lobster meat, or crabs.
\t\t\t(b) A fee of $50 shall be charged for a license issued to a nonresident retail dealer selling lobsters, lobster meat, or crabs.
\t\t\t(c) The fees prescribed in subparagraphs (a) and (b) shall be charged for each license obtained by a retail dealer.
\t13 Fish and Game; Nonresident Commercial Salt Water License. Amend RSA 211:49-a, II to read as follows:
\t\tII. The fee for an annual license shall be [set by the executive director pursuant to RSA 206:10, I]$500. The license shall be for the operator of the boat, vessel, flotation device, or gear, and helpers; provided, however, that helpers shall not be allowed for the taking of sea urchins or scallops by diving.
\t14 Fish and Game; Nonresident Wholesaler License. Amend RSA 211:49-aa, I, to read as follows:
\t\tI. Any person, firm, or corporation who does not qualify as a resident under RSA 207:1 or RSA 211:43 and who is engaged in a wholesale trade in any marine species shall first procure a valid license from the executive director to do so in this state. The license shall entitle the licensee to buy, sell, process, and transport any marine species in wholesale trade within the state and to ship any marine species within and outside the state. A separate extra facility license shall be required for each market, store, vehicle, or facility where such marine species are bought or sold at wholesale. A nonresident wholesale license shall not be required by a person properly licensed pursuant to RSA 211:49-a. The fees for an annual license [and] shall be $200 and $75 for each extra facility license[ shall be set by the executive director pursuant to RSA 206:10, I]. A copy of the license shall be carried in each vehicle and displayed at all facilities.
\t15 Fish and Game; Resident Commercial Salt Water License. Amend RSA 211:49-b, II to read as follows:
\t\tII. The fee for such annual license shall be [set by the executive director pursuant to RSA 206:10, I] $50. The license shall be for the operator of the boat, vessel, flotation device, or gear, and helpers; provided, however, that helpers shall not be allowed for the taking of sea urchins or scallops by diving.
\t16 Fish and Game; Resident Wholesaler License. Amend RSA 211:49-c, I to read as follows:
\t\tI. Any person, firm, or corporation engaged in a wholesale trade in any marine species shall first procure from the executive director a license to do so. Said license shall entitle the licensee to buy, sell, process, and transport any marine species in wholesale trade within the state and to ship any marine species within and outside the state. A separate extra facility license shall be required for each market, store, vehicle, or facility where such marine species are bought or sold at wholesale. A resident wholesaler license shall not be required by a person properly licensed pursuant to RSA 211:49-b. The fees for an annual license [and] shall be $100 and $50 for each extra facility license [shall be set by the executive director pursuant to RSA 206:10, I]. A copy of the license shall be carried in each vehicle and displayed at all facilities.
\t17 Fish and Game; Landing License. Amend RSA 211:49-d to read as follows:
\t211:49-d Landing License; Lobster and Crabs. Any person who is not licensed under RSA 211:18, RSA 211:49-a, or RSA 211:49-b and wishes to transport in state waters lobsters and crabs taken outside the jurisdiction of the state via ship, vessel, or similar craft in state waters for the purposes of landing the lobsters and crabs in the state must first procure a landing license. This shall allow the licensee to sell lobster and crab landed under such person’s license. The fee for annual licenses [for residents and nonresidents shall be set by the executive director pursuant to RSA 206:10, I] shall be $50 for a resident and $500 for any person who does not qualify as a resident under RSA 207:1.
\t18 Fish and Game; Commercial Shrimp License. Amend RSA 211:49-e, II and III to read as follows:
\t\tII. The [fees] fee for the northern shrimp [resident and nonresident licenses] license shall be [set by the executive director pursuant to RSA 206:10, I]$100 for residents.
\t\tIII. 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.
\t19 Fish and Game; Oyster License. Amend RSA 211:62-a to read as follows:
\t211:62-a License for Taking. No person shall at any time take oysters unless the person is a resident of the state and has been duly licensed as provided in this section. Any resident of this state shall, upon application to the executive director of the fish and game department, be granted a license to take oysters upon payment of a fee [set by the executive director pursuant to RSA 206:10, I] of $29. Such license shall be issued for the current calendar year. The executive director of the fish and game department shall make readily available such licenses as are covered by this section through its regular outlets. A person who furnishes to another person or permits another person to have or use the person’s oyster license or the license of any other person, or changes or alters such license or uses a license issued to another person, or makes a false statement in an application to obtain said license shall be subjected to the penalty under RSA 211:64.
\t20 Fish and Game; Clams in Coastal Waters. Amend RSA 211:62-d to read as follows:
\t211:62-d Clams in Coastal Waters. No one other than an individual natural person who is a bona fide resident of the state, and who has obtained a $300 commercial clamming license, may at any time commercially harvest or take the following from ocean waters within the jurisdiction of the state, black clams (Cyprina islandica), sea clams (Spisula solidissima), and razor clams (Enis directus). No such person authorized by this section to take such clams may take more than 500 bushels of unshucked clams daily. [The fee for a commercial clamming license shall be set by the executive director pursuant to RSA 206:10, I.]
\t21 Fish and Game; Recreational Taking of Clams. Amend RSA 211:64-b to read as follows:
\t211:64-b License for Recreational Taking of Clams. No person shall at any time take clams for such person’s own use unless the person is a resident of the state and has been duly licensed as provided in this section. Any person 6 years of age or older shall, upon application to the executive director of the fish and game department, be granted a license to take clams for recreational purposes upon payment of a fee [set by the executive director pursuant to RSA 206:10, I] of $29. Such license shall be issued for the current calendar year. A resident of the state may take up to one quart of clamworms during any one day for such person’s own use without a license. A person who furnishes to another person or permits another person to have or use the person’s recreational clam license or the license of any other person, or changes or alters such license or uses a license issued to another person, or makes a false statement in an application to obtain said license shall be subjected to the penalty under RSA 211:64.
\t22 Fish and Game; Sale of Venison. Amend RSA 212:30-d, III to read as follows:
\t\tIII. Resident and nonresident wholesalers who wish to sell imported venison in this state as permitted in paragraph I shall procure a wholesaler’s license from the department of fish and game to do so, the fee for which shall be [set by the executive director pursuant to RSA 206:10, I] $50. Said license shall expire on December 31 of each calendar year. Wholesalers shall provide bills of sale in duplicate, one copy of which shall be given to the retail seller, and the other copy of which shall be retained as a file copy by the wholesaler and shall be available for inspection by any agent of the executive director.
\t23 Fish and Game; Forms for Licenses. Amend RSA 214:8 to read as follows:
\t214:8 Form[; Fees].
\t\t[I.] The executive director shall prepare licenses, game tags, permits, stamps, and such other forms as determined necessary to comply with all licensing requirements of title XVIII. Such license, when issued to the licensee, shall bear the date of issuance, and shall contain the name, age, color of eyes, and residence of the licensee and such other information, including affidavits, as may be requested by the executive director. The license, to be valid, shall be countersigned by the licensee on the face of the license in the space provided.
\t\t[II. The executive director shall set fees for the various license types described in RSA 214:9 pursuant to RSA 206:10, I.]
\t24 Fish and Game; License Applications and Fees. RSA 214:9 is repealed and reenacted to read as follows:
\t214:9 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, and the agent fee as provided in RSA 214-A:4:
\t\tI. 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.
\t\tII. 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.
\t\tII-a. [Repealed.]
\t\tII-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.
\t\tIII. 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.
\t\tIV. 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.
\t\tV. 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.
\t\tVI. 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.
\t\tVI-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.
\t\tVII. [Repealed.]
\t\tVII-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.
\t\tVII-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.
\t\tVIII. 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:
\t\t\t(a) [Repealed.]
\t\t\t(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;
\t\t\t(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
\t\t\t(d) [Repealed.]
\t\t\t(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.
\t\tVIII-a. [Repealed.]
\t\tVIII-b. [Repealed.]
\t\tIX. 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. If the applicant's state or province does not permit nonresident trappers, said applicant shall be denied a nonresident license in this state.
\t\tX.(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.
\t\t\t(b) The fee for such license or stamp shall be determined by the executive director pursuant to RSA 541-A.
\t\tXI. If the applicant is a resident and wishes to hunt wild turkeys, $15, and 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.
\t\tXII. 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.
\t\tXIII.(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.
\t\t\t(b) [Repealed.]
\t\tXIV. [Repealed.]
\t\tXV. 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 for each wildlife habitat stamp sold and all stamps sold at the department headquarters or any subagency thereof shall retain the same $.50 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.
\t\tXVI.(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.
\t\t\t(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.
\t\t\t(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.
\t\t\t(d) In this paragraph:
\t\t\t\t(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.
\t\t\t\t(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.
\t\t\t\t(3) "Recreational saltwater fishing'' means taking of any marine finfish, by any means for personal use only and which are not sold.
\t\t\t\t(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.
\t\t\t\t(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.
\t\t\t(e) The following fees shall apply:
\t\t\t\t(1) $10 for resident and nonresident individuals.
\t\t\t\t(2) $50 for charter boats and other for-hire vessels, except party boats.
\t\t\t\t(3) $100 for party boats.
\t\t\t(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.
\t25 Fish and Game; Fur Buyers. Amend RSA 214:25 to read as follows:
\t214:25 Applications; Fees. The applicant, whether a resident or nonresident, shall fill out and sign a blank to be furnished by the executive director and pay a license fee [set by the executive director pursuant to RSA 206:10, I]. The executive director shall thereupon issue a fur buyer’s license which shall entitle the licensee to buy and sell the furs and skins of deer, coyotes, and fur-bearing animals lawfully taken, and to sell and transport the same, under the restrictions of this title. The executive director shall grant such licenses for the entire state upon the payment of the applicable license fee of $50 for residents or $150 for nonresidents.
\t26 Fish and Game; Taxidermy. Amend RSA 214:29-a to read as follows:
\t214:29-a Taxidermy. The executive director may grant licenses which may be revoked or suspended at any time to any person desiring to practice taxidermy, as defined under general provisions, RSA 207:1, XXVII-a. The fee for a taxidermy permit shall be $50, and the executive director shall adopt rules under RSA 541-A relative to the [fee for a taxidermy permit, and the] conditions, qualifications, and other criteria under which a taxidermy permit shall be granted.
\t27 Fish and Game; Freshwater Bait. Amend RSA 214:34 to read as follows:
\t214:34 Licenses Required.
\t\tI. No person shall take with the intent to sell, sell, or offer to sell live fish or aquatic invertebrates for bait without first procuring a license to do so.
\t\tII. The applicant shall complete the prescribed application form furnished by the executive director and pay the appropriate license fee in addition to the $1 agent’s fee as provided in RSA 214-A:4:
\t\t\t(a) If the applicant is a retailer, he or she shall pay a fee of $25.
\t\t\t(b) If a resident applicant wishes to sell at retail and wholesale, he or she shall pay a fee of $75.
\t\t\t(c) If a nonresident applicant wishes to sell at retail, he or she shall pay a fee of $50.
\t\t\t(d) If a nonresident applicant wishes to sell at wholesale, he or she shall pay a fee of $150.
\t\t[III. Fees for the following license types shall be set by the executive director pursuant to RSA 206:10, I:
\t\t\t(a) Retail.
\t\t\t(b) Resident retail and wholesale.
\t\t\t(c) Nonresident retail.
\t\t\t(d) Nonresident wholesale.]
\t28 Fish and Game; Importing Bait. Amend RSA 214:34-d to read as follows:
\t214:34-d Permit to Import. No fish of any description shall be brought into this state for use as bait without first procuring a permit from the executive director. Such permit shall be valid for no longer than one year but no additional permit shall be required within that period of time to import the same species of fish from the same source of supply. Five days’ notification of each intent to import shall be filed with the executive director. [The executive director shall set the fee for such permits pursuant to RSA 206:10, I.] The fee for each such permit is $9.50.
\t29 Fish and Game; Guide License. RSA 215:4 is repealed and reenacted to read as follows:
\t215:4 Fee for License.
\t\tI. Except as provided in RSA 215:5, II, every resident applicant for a license as a guide to hunt shall pay to the executive director therefor the sum of $59.50.
\t\tII. Except as provided in RSA 215:5, II, every resident applicant for a license as a guide to fish shall pay to the executive director therefor the sum of $59.50.
\t\tIII. Every nonresident applicant for a license as a guide to hunt shall pay to the executive director therefor the sum of $200.50.
\t\tIV. Every nonresident applicant for a license as a guide to fish shall pay to the executive director therefor the sum of $200.50.
\t30 Fish and Game; Guides. Amend RSA 215:5, II to read as follows:
\t\tII. [Notwithstanding RSA 215:4,] Every resident 65 years of age or older who has been a licensed guide in this state for 5 or more years may obtain a license as a guide to fish or to hunt not by payment of the fees prescribed in RSA 215:4, I and II but rather by payment of only the cost of issuing said license as determined by the executive director.
\t31 Fish and Game Department; Licenses for Persons Over 65. RSA 214:7-a is repealed and reenacted to read as follows:
\t214:7-a Persons Over 68 Years of Age.
\t\tI. Any resident of this state who is 68 years of age or over may make application each year, to any authorized agent of the state for the sale of freshwater fishing, hunting, or trapping licenses, for a special license to fish in freshwaters and hunt or trap, under the restrictions of this title. Such license may permit the use of a muzzleloading firearm and bow and arrow. [The executive director shall set the annual fee for the special license established in this section by rule pursuant to RSA 206:10, I. Said fee shall not exceed 50 percent of the regular resident license fee for fishing in freshwaters, hunting, or trapping.] There shall be no fee, including the agent's fee, for such special licenses. The license shall be marked in such manner as the executive director may designate.
\t\tII. [Those individuals holding a special license under this section as of June 30, 2015 shall be exempt from the requirement to apply for said license annually.] The special license held by [these] individuals under paragraph I shall remain effective for the remainder of each individual’s life, as long as the individual remains a resident of the state, unless suspended or revoked by the executive director.
\t32 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2073
\t\t\t\t\t\t\t\t\t\t\t11/20/15
HB 1524-FN-A- FISCAL NOTE
AN ACT\trepealing fish and game department authority to establish fees by administrative rulemaking.
FISCAL IMPACT:
The Fish and Game Department states this bill, as introduced, will decrease state restricted revenues by $1,379,909 in FY 2017 and each year thereafter and increase state restricted expenditures by $7,080 in FY 2017 and $6,080 in FY 2018 and each year thereafter. There will be no impact on county and local revenues or expenditures.
METHODOLOGY:
The Fish and Game Department states this bill would revert license fees back to statute that during the 2015 session (HB 2, Chapter 276, Laws of 2015) became authorized to be set through the administrative rulemaking process. Administrative rules setting the new fee amounts were adopted in November of 2015, effective January 1, 2016. The Department states this bill would return the license and fee permit amounts back to the statutory levels prior to the adoption of the administrative rules. The Department states assuming equalized sales of licenses and permits throughout each year, adjusting for a 7% increase in certain license sales (indicated with *), and adjusting for a 50% increase in other certain license sales (indicated with **) this bill’s impact on fish and game fund revenues is as follows:
Estimated Licenses Under Current Fee Schedule | Estimated Licenses Under | Revenue Increase / (Decrease) | |||||
# Licenses / Permits | Price | Total Revenue | # Licenses / Permits | Price | Total | ||
Fishing (Resident)* | 70,131 | $43.00 | $3,015,633 | 75,410 | $33.00 | $2,488,530 | ($527,103) |
Fishing (Non-Resident)* | 18,879 | $61.00 | $1,151,619 | 20,300 | $51.00 | $1,035,300 | ($116,319) |
Fishing (Over 68)* | 1,696 | $5.00 | $8,480 | 1,824 | $0.00 | $0 | ($8,480) |
Hunting (Resident)* | 17,879 | $31.00 | $554,249 | 19,225 | $21.00 | $403,725 | ($150,524) |
Hunting (Non-Resident)* | 6,418 | $112.00 | $718,816 | 6,901 | $102.00 | $703,902 | ($14,914) |
Hunting/Fishing Combo (Resident)* | 23,245 | $54.00 | $1,255,230 | 24,995 | $44.00 | $1,099,780 | ($155,450 ) |
Hunting/Fishing Combo (Non-Resident)* | 1,247 | $149.00 | $185,803 | 1,341 | $139.00 | $186,399 | $596 |
Hunting/Fishing Combo (Over 68)* | 1,128 | $5.00 | $5,640 | 1,213 | $0.00 | $0 | ($5,640) |
Archery* | 18,837 | $31.00 | $583,947 | 20,255 | $21.00 | $425,355 | ($158,592) |
Special Archery - Deer* | 10,766 | $25.00 | $269,150 | 11,576 | $15.00 | $173,640 | ($95,510) |
Migratory Fowl* | 7,006 | $10.00 | $70,060 | 7,533 | $4.00 | $30,132 | ($39,928) |
Pheasant* | 4,767 | $30.00 | $143,010 | 5,126 | $25.00 | $128,150 | ($14,860) |
Clam/Oyster (Over 68)** | 876 | $0.00 | $0 | 1,752 | $0.00 | $0 | $0 |
Muzzleloader (Over 68)** | 485 | $2.00 | $970 | 969 | $0.00 | $0 | ($970) |
Archery (Over 68)** | 228 | $2.00 | $456 | 456 | $0.00 | $0 | ($456) |
Trapping (Resident) | 527 | $35.00 | $18,445 | 527 | $27.50 | $14,493 | ($3,953) |
Deer - Unit M (2 Tags) | 4,000 | $35.00 | $140,000 | 4,000 | $25.00 | $100,000 | ($40,000) |
Deer - Unit L (1 Tag) | 500 | $25.00 | $12,500 | 500 | $12.00 | $6,000 | ($6,500) |
Deer - Long Island | 23 | $25.00 | $575 | 23 | $10.00 | $230 | ($345) |
Deer - Governor's Island | 14 | $25.00 | $350 | 14 | $10.00 | $140 | ($210) |
Fishing Guide Resident) | 91 | $100.00 | $9,100 | 91 | $59.50 | $5,415 | ($3,686) |
Hunting Guide (Resident) | 86 | $100.00 | $8,600 | 86 | $59.50 | $5,117 | ($3,483) |
Hunting Guide (Non-Resident) | 7 | $100.00 | $700 | 7 | $200.50 | $1,404 | $704 |
Fishing Guide (Non-Resident) | 7 | $100.00 | $700 | 7 | $200.50 | $1,404 | $704 |
Wildlife Control Operator - Level 1 | 184 | $15.00 | $2,760 | 184 | $10.00 | $1,840 | ($920) |
Wildlife Control Operator - Level 2 (Resident) | 61 | $135.00 | $8,235 | 61 | $100.00 | $6,100 | ($2,135) |
Wildlife Control Operator - Level 2 (Non-Resident) | 6 | $400.00 | $2,400 | 6 | $300.00 | $1,800 | ($600) |
Fishing Tournament | 186 | $49.00 | $9,114 | 186 | $24.00 | $4,464 | ($4,650) |
Fishing Tournament - Catch/Release | 15 | $10.00 | $150 | 15 | $0.00 | $0 | ($150) |
Recreational Lobster/Crab | 159 | $40.00 | $6,360 | 159 | $35.00 | $5,565 | ($795) |
Part-Time Lobster/Crab (Resident) | 155 | $125.00 | $19,375 | 155 | $103.00 | $15,965 | ($3,410) |
Marine Wholesaler (Resident) | 45 | $130.00 | $5,850 | 45 | $100.00 | $4,500 | ($1,350) |
Marine Wholesaler - Extra Facility (Resident) | 3 | $75.00 | $225 | 3 | $50.00 | $150 | ($75) |
Marine Wholesaler (Non-Resident) | 40 | $260.00 | $10,400 | 40 | $200.00 | $8,000 | ($2,400) |
Marine Wholesaler - Extra Facility (Non-Resident) | 31 | $100.00 | $3,100 | 31 | $75.00 | $2,325 | ($775) |
Commercial Lobster/Crab (Resident) | 31 | $350.00 | $10,850 | 31 | $300.00 | $9,300 | ($1,550) |
Commercial Lobster/Crab - Limited (Resident) | 132 | $200.00 | $26,400 | 132 | $175.00 | $23,100 | ($3,300) |
Commercial Lobster/Crab - Limited (Non-Resident) | - | $400.00 | $0 | - | $350.00 | $0 | $0 |
Lobster Helper | 443 | $20.00 | $8,860 | 443 | $10.00 | $4,430 | ($4,430) |
Lobster/Crab Dealer (Resident) | 164 | $50.00 | $8,200 | 164 | $25.00 | $4,100 | ($4,100) |
Lobster/Crab Dealer (Non-Resident) | 174 | $75.00 | $13,050 | 174 | $50.00 | $8,700 | ($4,350) |
TOTAL |
|
| $8,289,362 |
|
| $6,909,453 | ($1,379,909) |
The Department also states it would incur additional expenses as a result of this bill. Specifically, the Department anticipates needing to produce and distribute to agents forms for “over 68” licenses as this bill would revert fees for such licenses to zero, making online registrations not feasible as online registrations are programmed to require a fee. The total cost to create and distribute such forms is estimated to be $6,080 per year. Additionally, the Department anticipates a one-time expense in FY 2017 of $1,000 relative to new educational signs regarding the changes.