HB 1526 - AS INTRODUCED
2018 SESSION
18-2622
04/03
HOUSE BILL 1526
AN ACT relative to fish and game authority to adopt rules to set fees.
SPONSORS: Rep. Hoell, Merr. 23; Rep. Itse, Rock. 10
COMMITTEE: Fish and Game and Marine Resources
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ANALYSIS
This bill requires that fish and game department fees be established by statute and not by administrative rulemaking.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2622
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to fish and game authority to adopt rules to set fees.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Executive Director of Fish and Game; Powers. Amend RSA 206:10, I to read as follows:
I. 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)] (b) 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.
2 Executive Director of Fish and Game; Wildlife Population Reductions. Amend RSA 206:23-c, II(d) to read as follows:
(d) Permits[, including application or permit fees for residents or nonresidents,] to undertake wildlife reduction or management actions under terms and conditions established in the permit issued by the executive director, provided that the application or permit fees shall be established in statute.
3 Fish and Game Fund. Amend RSA 206:33-f, III to read as follows:
III. Fees shall be fixed in [a schedule prepared and revised as necessary by the executive director, and established in rules adopted pursuant to RSA 541-A. Such schedule] statute and may differentiate among different classes of projects based on the intensity of the requisite review by the department.
4 Crossbows Permitted for Certain Persons With a Disability. Amend RSA 207:10-c, V to read as follows:
V. An administrative fee [set by the executive director pursuant to RSA 206:10, I] shall be established in statute and shall be charged once, upon application to the executive director for such permit.
5 Dog Training; Fee. Amend RSA 207:12-a, I to read as follows:
I. 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 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. Fees for training permits shall be established in statute. Notwithstanding the provisions of this paragraph, field trials shall be permitted pursuant to RSA 207:13.
6 Use and Training of Leashed Tracking Dogs. Amend RSA 207:12-c to read as follows:
207:12-c Use and Training of Leashed Tracking Dogs. Notwithstanding any provision of this title to the contrary, a handler with a leashed dog may track wounded deer, moose, or bear. The executive director shall adopt rules pursuant to RSA 541-A, relative to the method and manner of take, time periods for training or using leashed tracking dogs, licensing requirements [and fees], possession of recovered deer, moose, or bear, notification requirements, and other provisions deemed necessary to effectively regulate this practice. Licensing fees shall be established in statute. No person shall use an intact carcass of a deer, moose, or bear for training purposes, but may use samples of blood, tissue, and hide of a deer, moose, or bear legally taken or acquired in this state.
7 Dogs; Field Trials. Amend RSA 207:13, I to read as follows:
I. 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,], established in statute, 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.] The executive director or his or her authorized agent shall enforce the terms of such permits.
8 Import, Possession, or Release of Wildlife. Amend RSA 207:14, II to read as follows:
II.(a) The executive director shall adopt rules, pursuant to RSA 541-A, to administer this section and relative to the importation, possession, exhibition, sale or release of all marine species and wildlife, including, but not limited to:
[(a)] (1) Size, sex, number and quantity.
[(b)] (2) Transportation, within or through the state of New Hampshire.
[(c)] (3) Sale, inspection, processing, recordkeeping and marking.
[(d)] (4) Method of keeping.
[(e)] (5) Areas of release.
[(f)] (6) Method of release.
[(g)] (7) Method of taking.
[(h) Permit fee schedules.
(i)] (8) Appropriate definitions.
(b) A permit fee schedule shall be established in statute.
9 Game Animals; Moose. Amend RSA 208:1-a, II to read as follows:
II. The executive director, with the consent of the commission, shall also adopt rules under RSA 541-A to regulate the issuance of licenses or permits, including the establishment of a lottery for awarding of permits [to applicants, and to set fees for applications, licenses, or permits for both resident and nonresident applicants, provided the fee for nonresident permits shall be at least $450]. The permit fee shall be established in statute.
10 Deer; Bow and Arrow. Amend RSA 208:5, I to read as follows:
I. The [executive director shall set the fee pursuant to RSA 206:10, I,] fee shall be established in statute for the issuance of archery licenses for the following categories: residents 16 years of age or older and nonresidents 16 years of age or older.
11 Muzzleloaders; Special Deer Permits. Amend RSA 208:5-a and 208:5-b to read as follows:
208:5-a Muzzleloaders. A person who has complied with the licensing requirements relative to hunting deer pursuant to RSA 214, shall be issued a license, upon payment of a fee [set by the executive director pursuant to RSA 206:10, I], established in statute, 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 shall also comply with all provisions of this chapter. The license shall entitle the holder to hunt deer with a single shot muzzleloading firearm or with a crossbow.
208:5-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] of special deer permits. The fee for special deer permits shall be established in statute.
12 Taking Game by Crossbow; Rulemaking. Amend RSA 208:7-a, III to read as follows:
III. Rules may include, but not be limited to, conditions or limitations as to the portions of the state crossbows may be used, the manner and method of taking with a crossbow, mandatory education requirements for the use of a crossbow, and any additional licensing requirements [and associated fees]. Any necessary fees shall be established in statute.
13 Transportation of Deer; Registration and Fees. Amend RSA 208:15-b to read as follows:
208:15-b Registration and Fees. The registration agent shall register each deer legally presented for registration and shall attach a registration seal to each deer in the manner prescribed by the executive director. [The executive director shall adopt rules pursuant to RSA 541-A relative to] Registration agent fees shall be established in statute.
14 Black Bear Management Program. Amend RSA 208:24, II to read as follows:
II. 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] established in statute.
15 Game Birds; Wild Turkeys. Amend RSA 209:12-a, III to read as follows:
III. In addition to wild turkey licenses and permits issued under RSA 214:9, XI, the executive director, with the consent of the commission, may adopt rules under RSA 541-A, relative to issuing permits for a special season for wild turkey, including bag limits[, fees for applications and permits,] and the establishment of a lottery for awarding the special permits. Fees for applications and permits shall be established in statute.
16 Falconry. Amend RSA 209-A:3, I to read as follows:
I. Notwithstanding RSA 207:14 and in accordance with any applicable federal regulations, the executive director may issue falconry permits for the capture and possession of raptors for falconry purposes, raptor propagation, or for salvage or rehabilitation purposes. No person shall engage in the sport of falconry without a valid falconry permit and applicable license to hunt issued under RSA 214. The initial fee for a falconry permit shall be $50 [and renewal fees] and procedures for issuance of permits shall be established under rules adopted by the executive director, with the approval of the fish and game commission, pursuant to RSA 541-A. Renewal fees shall be established in statute.
17 Licenses for Trapping and Fur Buying; Wildlife Control Operators. Amend RSA 210:24-b, I to read as follows:
I.(a) The executive director may adopt rules, under RSA 541-A, for the licensure and regulation of wildlife control operators engaged in the practice of the trapping of nuisance animals. Such rules may include, but shall not be limited to:
[(a)] (1) The establishment of license types [and fees].
[(b)] (2) Minimum license requirements.
[(c)] (3) The manner and method of taking.
[(d)] (4) The wildlife species which may be controlled.
[(e)] (5) Transportation and disposition of the wildlife.
[(f)] (6) Reporting and sale requirements.
[(g)] (7) Exceptions to RSA 210:11.
[(h)] (8) License reciprocity.
(b) License fees shall be established in statute.
18 Fishing Tournaments. Amend RSA 211:16-b, II to read as follows:
II. 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. Fees shall be established in statute.
19 Lobsters and Crabs; License. Amend RSA 211:18, I to read as follows:
I. No person shall take lobsters and crabs from any water under the jurisdiction of this state without first procuring a valid and proper license to do so as provided in paragraph III. No such taking shall occur during the time from sunset to one hour before sunrise. The executive director shall adopt rules pursuant to RSA 211:62 relative to the licenses to be issued under paragraph III including, but not limited to, terms, limits, eligibility, transferability, sale, exemptions, revocation, [trap tag fees,] and control of entry date. Trap tag fees shall be established in statute.
20 Lobsters and Crabs; Licenses. Amend the introductory paragraph of RSA 211:18, III-a to read as follows:
III-a. [The executive director shall set the fee pursuant to RSA 206:10, I] Fees for the following lobster and crab license types issued under this section shall be established in statute:
21 Lobsters and Crabs; Helper's License. Amend RSA 211:20 to read as follows:
211:20 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 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. The fee for a helper's license shall be established in statute.
22 Lobsters and Crabs; Retail Dealers License. Amend RSA 211:39, II to read as follows:
II. [The executive director shall set the fee pursuant to RSA 206:10, I,] The fee for retail dealer licenses issued under this section shall be established in statute.
23 Saltwater Fish and Clams; Nonresident Commercial Saltwater License. Amend RSA 211:49-a, II to read as follows:
II. The fee for an annual license shall be [set by the executive director pursuant to RSA 206:10, I] established in statute. 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.
24 Saltwater Fish and Clams; Nonresident Wholesaler License. Amend RSA 211:49-aa, I to read as follows:
I. 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 for each extra facility license shall be [set by the executive director pursuant to RSA 206:10, I] established in statute. A copy of the license shall be carried in each vehicle and displayed at all facilities.
25 Saltwater Fish and Clams; Resident Commercial Saltwater License. Amend RSA 211:49-b, II to read as follows:
II. The fee for such annual license shall be [set by the executive director pursuant to RSA 206:10, I] established in statute. 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.
26 Saltwater Fish and Clams; Resident Wholesaler License. Amend RSA 211:49-c, I to read as follows:
I. 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 for each extra facility license shall be [set by the executive director pursuant to RSA 206:10, I] established in statute. A copy of the license shall be carried in each vehicle and displayed at all facilities.
27 Saltwater Fish and Clams; Landing License for Lobster and Crabs. Amend RSA 211:49-d to read as follows:
211:49-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] established in statute.
28 Saltwater Fish and Clams; Commercial Shrimp License. Amend RSA 211:49-e, II to read as follows:
II. The fees for the northern shrimp resident and nonresident licenses shall be [set by the executive director pursuant to RSA 206:10, I] established in statute.
29 Saltwater Fish and Clams; License for Taking. Amend RSA 211:62-a to read as follows:
211:62-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] established in statute. 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.
30 Saltwater Fish and Clams; Clams in Coastal Waters. Amend RSA 211:62-d to read as follows:
211:62-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 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] established in statute.
31 Saltwater and Clams; Aquaculture. Amend RSA 211:62-e, II-a and II-b to read as follows:
II-a. The executive director shall adopt rules, pursuant to RSA 541-A, relative to license types, fees, bonding, insurance and the taking, permitting, inspection, possession, processing, sale, propagation, rearing, planting, growth promotion, harvesting, releasing and transportation of aquatic or marine species as related to aquaculture or fishing preserve operations including, but not limited to:
(a) The size, sex, number and quantity that may be taken, processed, or imported.
(b) The areas to be opened or closed to their taking, rearing, harvesting, releasing, planting, and growth promotion.
(c) The method and manner of their taking.
(d) The transportation within or through the state of New Hampshire and its waters.
(e) The sale, inspection, processing, and marking.
(f) Method of keeping.
(g) Method of recapture.
(h) [All fees for bids, applications, review, monitoring, lease or rent, harvest, processing, and any other costs to the department for the issuance or renewal of a license or permit.
(i)] Appropriate definitions.
II-b. Fees for aquaculture or fishing preserve licenses authorized in paragraph II-a shall be established in statute.
II-c. The executive director shall adopt rules, pursuant to RSA 541-A, for the issuance of 5-year licenses under this section to oyster aquaculture operations in the Great Bay estuary, and the [fees,] terms[,] and conditions therefor as authorized under paragraph II-a. The fees for such licenses shall be established in statute.
32 Saltwater Fish and Clams; License for Recreational Taking of Clams. Amend RSA 211:64-b to read as follows:
211:64-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] established in statute. 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.
33 Propagation of Fish and Game; Propagation by Private Persons. Amend RSA 212:25, II to read as follows:
II.(a) The executive director shall adopt rules, pursuant to RSA 541-A relative to the taking, permitting, inspection, possession, processing, sale, rearing, harvesting, identifying, releasing and transportation of wildlife as related to the propagation or selling of wildlife, or the operation of a hunting preserve, including, but not limited to:
[(a)] (1) The size, sex, number and quantity possessed, processed or imported.
[(b)] (2) The areas to be opened or closed to their harvesting, rearing, and releasing.
[(c)] (3) The method and manner of harvest.
[(d)] (4) The transportation within or through the state of New Hampshire and its waters.
[(e)] (5) The sale, inspection, processing, and marking.
[(f)] (6) Method of keeping.
[(g)] (7) Method of recapture.
[(h) Permit fee schedules.
(i)] (8) Appropriate definitions.
(b) The fee schedule for permits authorized in this section shall be established in statute.
34 Sale of Venison Imported From Outside the State. Amend RSA 212:30-d, III to read as follows:
III. 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] established in statute. 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.
35 Hunting, Fishing, and Trapping; Persons Over 68 Years of Age. Amend RSA 214:7-a, I to read as follows:
I. 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] authorized in this section [by rule pursuant to RSA 206:10, I] shall be established in statute. Said fee shall not exceed 50 percent of the regular resident license fee for fishing in freshwaters, hunting, or trapping. The license shall be marked in such manner as the executive director may designate.
36 Hunting, Fishing, and Trapping; Form and Fees. Amend RSA 214:8, II to read as follows:
II. The [executive director shall set] fees for the various license types described in RSA 214:9 [pursuant to RSA 206:10, I] shall be established in statute.
37 Hunting, Fishing, and Trapping; Application. Amend RSA 214:9, X(b) to read as follows:
(b) The fee for such license shall be [set by the executive director pursuant to RSA 206:10, I] established in statute.
38 Hunting, Fishing, Trapping; Application. Amend RSA 214:9, XIII(a) to read as follows:
(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, 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] established in statute.
39 Hunting, Fishing, Trapping; Application. Amend RSA 214:9, XV to read as follows:
XV. If the applicant wishes to take wild animals, excluding fish and marine species, or wild birds, the applicant shall pay a fee [set by the executive director pursuant to RSA 206:10, I], established in statute, and the agent shall thereupon issue a wildlife habitat license as provided in RSA 214:1-f. For any year in which a license is issued, the agent shall be entitled to retain a portion of the fee [as set by the executive director pursuant to RSA 206:10, I] for each wildlife habitat license sold and all licenses sold at the department headquarters or any subagency thereof shall retain the same 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.
40 Hunting, Fishing, Trapping; Application. Amend RSA 214:9, XVI(b) to read as follows:
(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, [set by the executive director pursuant to RSA 206:10, I] established in statute, for each charter boat and each party boat, 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.
41 Hunting, Fishing, Trapping; Lifetime Licenses. Amend RSA 214:9-c, II to read as follows:
II. The executive director shall obtain an actuarial table based on an appropriate annuity from the commissioner of insurance and shall [set] calculate the fee for the various licenses annually on July 15 of each year for the following year based on the age of the applicant. The fee shall be established in statute. The fee for any applicant under 16 years of age shall be the same as the fee for a 16-year-old applicant, except for newborns as provided in subparagraph I(b)(2). In addition the applicant shall pay the agent's fee in accordance with RSA 214-A:4
42 Lifetime Licenses for Bow and Arrow, Muzzleloader, and Crossbow. Amend RSA 214:9-cc, II to read as follows:
II. The executive director shall obtain an actuarial table based on an appropriate annuity from the commissioner of insurance and shall [set] calculate the fee for the various licenses annually on July 15 of each year for the following year based on the age of the applicant. The fee shall be established in statute. The fee for any applicant under 16 years of age shall be the same as the fee for a 16-year-old applicant. In addition the applicant shall pay the agent's fee in accordance with RSA 214-A:4.
43 Hunting, Fishing, Trapping; Permits Authorized. Amend RSA 214:9-e, III to read as follows:
III. If the issuance of a permit is authorized under the provisions of this section, a fee for such permit shall be [adopted by rule under RSA 541-A] established in statute.
44 Hunting, Fishing, and Trapping; One-Day Licenses. Amend RSA 214:14-c to read as follows:
214:14-c One-Day Licenses. The executive director is hereby authorized to establish within state parks, in cooperation with the department of natural and cultural resources, such license agencies as he or she determines necessary to distribute a special one-day fishing license for the purpose of fishing within state parks when the land totally encompasses the entire lake or pond. Rules[, fees,] and licensing procedures shall be adopted by the executive director in accordance with RSA 541-A. The fees for such licenses shall be established in statute.
45 Residents and Patients at Certain Institutions; Complimentary Fishing Permits. Amend RSA 214:14-h, II to read as follows:
II.(a) The executive director may adopt rules pursuant to RSA 541-A, including, but not limited to:
[(a)] (1) Criteria for establishing medical need.
[(b)] (2) The basis of institutionalization, form of treatment, and applicable facilities.
[(c)] (3) The number and form of the permits.
[(d)] (4) The supervision and use of the permit.
[(e)] (5) The time periods and other conditions of the permit.
[(f)] (6) Reporting requirements.
[(g)] (7) Any definitions.
[(h) Fee schedules for group or facility permits.]
(b) The fee schedules for group or facility permits authorized under this section shall be established in statute.
46 Handling of Firearms and Archery Equipment; Duplicate Certificate of Completion. Amend RSA 214:23-d to read as follows:
214:23-d Duplicate Certificate of Completion. The executive director, after consultation with the commission, is authorized to charge a fee for the issuance of a duplicate certificate of completion. The amount of said fee shall be [determined by the executive director] established in statute and the fee shall be credited to the fish and game fund. To receive a duplicate certificate of completion, the applicant shall complete an affidavit setting forth the circumstances surrounding its loss or destruction.
47 Fur Buyers; Applications and Fees. Amend RSA 214:25 to read as follows:
214:25 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] which shall be established in statute. 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.
48 Special Licenses; Scientific Permits; Taxidermy. Amend RSA 214:29-a to read as follows:
214:29-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 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. The fee for a taxidermy permit shall be established in statute.
49 Sale of Freshwater Fishing Bait; Licenses Required. Amend the introductory paragraph in RSA 214:34, III to read as follows:
III. Fees for the following license types shall be [set by the executive director pursuant to RSA 206:10, I] established in statute:
50 Sale of Freshwater Fishing Bait; Permit to Import. Amend RSA 214:34-d to read as follows:
214:34-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] shall be established in statute.
51 Fish and Game Agents; Licenses. Amend RSA 214-A:2, VI-a to read as follows:
VI-a. Notwithstanding other provisions of law to the contrary, the executive director may permit license agents to collect from licensees an Internet transaction fee when issuing online licenses. This Internet transaction fee shall be in addition to the agent fee as provided in RSA 214-A:4. The amount of the Internet transaction fee shall be [set at the discretion of the executive director] established in statute.
52 Registration and Licensing of Guides; Fee for License. Amend RSA 215:4 to read as follows:
215:4 Fee for License. The [executive director shall set the] fees for resident and nonresident licenses to guide under this chapter [pursuant to RSA 206:10, I] shall be established in statute.
53 OHRV and Trails; Reciprocity. Amend RSA 215-A:27, I to read as follows:
I. An OHRV not registered for highway use which is registered in Vermont, Maine, or Quebec shall be deemed to be properly registered for the purposes of this chapter if it is registered in accordance with the laws of the state or province in which it is registered, but only to the extent that a reciprocal exemption or privilege is granted under the laws of that state or province for OHRVs registered in this state. For the purpose of this section, the executive director shall determine the extent of the privilege of operation granted by Vermont, Maine, and Quebec and, when necessary, adopt rules [and charge fees] to achieve a true reciprocity. A fee may be assessed under this section to achieve a true reciprocity and any such fee shall be established in statute. The executive director's determination shall be final.
54 Snowmobiles; Reciprocity. Amend RSA 215-C:47, I to read as follows:
I. A snowmobile which is registered in Vermont, Maine, or Quebec shall be deemed to be properly registered for the purposes of this chapter if it is registered in accordance with the laws of the state or province in which it is registered, but only to the extent that a reciprocal exemption or privilege is granted under the laws of that state or province for snowmobiles registered in this state. For the purpose of this section, the executive director shall determine the extent of the privilege of operation granted by Vermont, Maine, and Quebec and, when necessary, adopt rules [and charge fees] to achieve a true reciprocity. A fee may be assessed under this section to achieve a true reciprocity and any such fee shall be established in statute. The executive director's determination shall be final.
55 Applicability and Transition. All administrative rules of the fish and game department which are in effect on the effective date of this act and, pursuant to which, the executive director of the fish and game department establishes a fee, shall remain in effect until such rules expire or are superseded by an act of the legislature.
56 Effective Date. This act shall take effect 60 days after its passage.
| Date | Body | Type |
|---|---|---|
| Feb. 6, 2018 | House | Hearing |
| Feb. 6, 2018 | House | Hearing |
| Feb. 6, 2018 | House | Exec Session |
| House | Floor Vote | |
| Feb. 22, 2018 | House | Floor Vote |
Feb. 22, 2018: Inexpedient to Legislate: MA VV 02/22/2018 HJ 5 P. 33
: Minority Committee Report: Ought to Pass
: Majority Committee Report: Inexpedient to Legislate (Vote 13-2; RC)
Feb. 22, 2018: Majority Committee Report: Inexpedient to Legislate for 02/22/2018 (Vote 13-2; RC) HC 7 P. 18
Feb. 6, 2018: Executive Session: 02/06/2018 LOB 307
Feb. 6, 2018: ==RESCHEDULED== Public Hearing: 02/06/2018 11:00 AM LOB 303
Feb. 6, 2018: ==CANCELLED== Public Hearing: 02/06/2018 11:00 AM LOB 307
Jan. 3, 2018: Introduced 01/03/2018 and referred to Fish and Game and Marine Resources HJ 1 P. 14