SB712 (2020) Detail

Establishing a surcharge on certain saltwater licenses and establishing a fund for derelict fishing gear and coastal cleanup.


SB 712-FN - AS INTRODUCED

 

 

2020 SESSION

20-2787

04/06

 

SENATE BILL 712-FN

 

AN ACT establishing a surcharge on certain saltwater licenses and establishing a fund for derelict fishing gear and coastal cleanup.

 

SPONSORS: Sen. Watters, Dist 4; Sen. Fuller Clark, Dist 21; Sen. Sherman, Dist 24; Rep. Spang, Straf. 6; Rep. Cushing, Rock. 21

 

COMMITTEE: Energy and Natural Resources

 

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ANALYSIS

 

This bill establishes a derelict fishing gear, coastal cleanup, and fishing for energy fund and establishes a surcharge on certain classes of fish and game licenses to be credited to the fund.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2787

04/06

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT establishing a surcharge on certain saltwater licenses and establishing a fund for derelict fishing gear and coastal cleanup.

 

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

 

1  New Subparagraph; Application of Receipts; Derelict Fishing Gear, Coastal Cleanup, and Fishing For Energy Fund Established.  Amend RSA 6:12, I(b) by inserting after subparagraph (358) the following new subparagraph:

(359)  Moneys deposited into the derelict fishing gear, coastal cleanup, and fishing for energy fund established in RSA 211:77.

2  New Paragraph; Litter Control Law; Penalties.  Amend RSA 163-B:4 by inserting after paragraph I the following new paragraph:

I-a.  Any fines collected under this section for littering in coastal waters or beaches and for abandoning fishing gear shall be credited to the derelict fishing gear, coastal cleanup, and fishing for energy fund established in RSA 211:77.  

3  New Paragraph; Lobsters and Crabs; Surcharge Added.  Amend RSA 211:18 by inserting after paragraph III-b the following new paragraph:

III-c.  The executive director shall establish a surcharge on each class of license issued under paragraph III-a of not more than $25 nor less than $10 to be deposited in the derelict fishing gear, coastal gear cleanup, and fishing for energy fund established in RSA 211:77, and shall adopt rules for the setting and collection of such surcharge.  Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program shall not be required to pay the surcharge in the year following such participation.  The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.

4  Nonresident Commercial Salt Water License; Surcharge Added.  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.  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.  The executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear, coastal gear cleanup, and fishing for energy fund established in RSA 211:77, and shall adopt rules for the setting and collection of such surcharge.  Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program shall not be required to pay the surcharge in the subsequent year.  The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.

5  Resident Commercial Salt Water License; Surcharge Added.  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.  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.  The executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear, coastal gear cleanup, and fishing for energy fund established in RSA 211:77, and shall adopt rules for the setting and collection of such surcharge.  Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program shall not be required to pay the surcharge in the subsequent year.  The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.

6  Commercial Shrimp License; Surcharge Added.  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.  The executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear, coastal gear cleanup, and fishing for energy fund established in RSA 211:77, and shall adopt rules for the setting and collection of such surcharge.  Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program shall not be required to pay the surcharge in the subsequent year.  The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.

7  Aquaculture; Surcharge Added.  Amend RSA 211:62-e, II-b to read as follows:

II-b.  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 executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear, coastal gear cleanup, and fishing for energy fund established in RSA 211:77, and shall adopt rules for the setting and collection of such surcharge.  Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program shall not be required to pay the surcharge.  The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.

8  New Subdivision; Derelict Fishing Gear, Coastal Cleanup, and Fishing for Energy Fund.  Amend RSA 211 by inserting after section 76 the following new subdivision:

Derelict Fishing Gear, Coastal Cleanup, and Fishing for Energy Fund

211:77  Derelict Fishing Gear, Coastal Cleanup, and Fishing for Energy Fund Established.  There is hereby established a separate fund to be known as the derelict fishing gear, coastal gear cleanup, and fishing for energy fund.  The fund shall be administered by the executive director and shall be nonlapsing and continually appropriated to the executive director for the purposes of this section.  The executive director shall credit to this fund all federal moneys, state funds appropriated, fines or settlements for derelict fishing gear or other items, and fines for littering in coastal waters or beaches collected under RSA 163-B:4.  The executive director may accept and expend all funds, including any gifts, grants, or donations made to the fund.  The moneys in the fund shall be used establish and support new and existing programs to retrieve and dispose of derelict fishing gear, to conduct periodic coastal cleanup programs for the removal of derelict fishing gear and marine trash, and to support recycling efforts for fishing gear and other marine trash.  In this section, "derelict fishing gear" means lost, discarded, or abandoned fishing gear.

9  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

20-2787

1/7/20

 

SB 712-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT establishing a surcharge on certain saltwater licenses and establishing a fund for derelict fishing gear and coastal cleanup.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Derelict Fishing Gear, Costal Cleanup, and Fishing for Energy Fund

 

METHODOLOGY:

This bill establishes a non-lapsing, continually appropriated dedicated fund called the Derelict Fishing Gear, Coastal Cleanup, and Fishing for Energy Fund, which will be used for new and existing programs relative to certain coastal cleanup efforts.  In addition to any future available federal funds, state appropriations, or other grants, gifts, or donations, under this bill revenue from fines for littering in coastal waters or beaches, or abandoning fishing gear, as well as a new surcharge on certain fishing licenses (lobster and crab, commercial salt water, commercial shrimp, and aquaculture) would be credited to the fund.  While, it is not known how much littering fine revenue may be diverted from the general fund to the new dedicated fund, as the number of qualifying littering offenses cannot be estimated, the Fish and Game Department estimates the potential revenue from the surcharge on certain licenses would range from $8,600 to $21,500.  This range is based on 860 current licenses and a surcharge of $10 to $25 (surcharge will be set by the rulemaking process, as well as a method for individuals to avoid the surcharge by demonstrating participation in a coastal cleanup program).  Expenditures in FY 2021 and beyond are indeterminable and would be limited to available funds.

 

AGENCIES CONTACTED:

Fish and Game Department

 

Links

SB712 at GenCourtMobile
SB712 Discussion

Action Dates

Date Body Type
Jan. 28, 2020 Senate Hearing
March 5, 2020 Senate Floor Vote

Bill Text Revisions

SB712 Revision: 8043 Date: Jan. 16, 2020, 9:05 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and Referred to Energy and Natural Resources; SJ 2
Jan. 28, 2020 Hearing: 01/28/2020, Room 103, SH, 10:00 am; SC 4
March 5, 2020 Committee Report: Ought to Pass, 03/05/2020; SC 9
March 5, 2020 Ought to Pass: MA, VV; OT3rdg; 03/05/2020; SJ 5
March 12, 2020 Introduced 03/12/2020 and referred to Fish and Game and Marine Resources
June 30, 2020 Vacated and Laid on Table MA VV 06/30/2020