Revision: Jan. 16, 2020, 9:05 a.m.
SB 712-FN - AS INTRODUCED
2020 SESSION
20-2787
04/06
SENATE BILL 712-FN
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
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.
20-2787
1/7/20
SB 712-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| 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