HB 1297 - AS AMENDED BY THE HOUSE
16Mar2022... 0157h
2022 SESSION
22-2408
04/08
HOUSE BILL 1297
AN ACT relative to taking lobster while engaged in recreational scuba diving.
SPONSORS: Rep. Hill, Merr. 3; Rep. Rice, Hills. 37; Rep. Turcotte, Straf. 4; Rep. Weyler, Rock. 13; Rep. Renzullo, Hills. 37; Sen. Avard, Dist 12; Sen. French, Dist 7
COMMITTEE: Fish and Game and Marine Resources
─────────────────────────────────────────────────────────────────
AMENDED ANALYSIS
This bill authorizes the executive director of fish and game to issue a scuba diver recreational lobster license.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
16Mar2022... 0157h 22-2408
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to taking lobster while engaged in recreational scuba diving.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Lobster and Crabs; License. Amend RSA 211:18, III(a) to read as follows:
(a) If a person is a resident of this state and [does not take lobsters or crabs for the purpose of sale and] does not use more than 5 traps, the person may receive a recreational lobster and crab license. A person receiving a recreational lobster and crab license shall not be eligible to receive the scuba diver recreational lobster license under paragraph II-b.
2 New Paragraph; Lobsters and Crabs; Scuba Diver Recreational Lobster License. Amend RSA 211:18 by inserting after paragraph II-a the following new paragraph:
II-b.(a) A person who is a resident of this state and wishes to engage in scuba diving or freediving, also known as skin diving, as a recreational activity, and who is in compliance with RSA 270:31 through 270:32-a, and has attained 18 years of age, shall be permitted to take lobsters under a scuba diver recreational lobster license issued by the executive director. The executive director shall make available a number of scuba diver recreational lobster licenses that is equivalent to the number of recreational lobster and crab licenses available in the prior calendar year under subparagraph III(a).
(b) The executive director shall set the fee for the scuba diver recreational lobster license which shall be credited to the derelict fishing gear and coastal cleanup fund established in RSA 211:77.
(c) The executive director shall establish the scuba diver recreational lobster season from April 1 through September 15, and a scuba diver recreational lobster license shall be valid for not less than 4 weeks during such season.
(d) The license shall consist of letters and or numbers which the person engaged in scuba diving shall affix to his or her diving tanks and regulation dive flag in a contrasting color making it readily visible to a conservation officer.
(e) The executive director shall establish a limit on the number of lobsters taken per day by a scuba diver holding a license under this paragraph, provided such limit shall not be less than 3 lobsters per day per licensee. Lobsters shall be taken only for the consumption by the licensee, and the licensee's family and guests.
(f) No person shall at any time take any lobsters by any method except by hand. Use of a tickle stick, which is a straight or slightly bent stick used to agitate a lobster into coming out of its hole, shall be permitted.
(g) All lobsters taken under a scuba diver recreational lobster license shall be of legal size, as provisioned by RSA 211:62 and in accordance with RSA 211:27, measured immediately upon capture on the seafloor before surfacing.
(h) The scuba diver recreational lobster license shall not be transferred to any other person.
(i) Annual catch reports shall be required of all scuba diver recreational lobster license holders at the time of renewal or, if not renewing license, at year end. Annual catch information, in a format determined by the executive director, shall be required of all divers before renewal application will be accepted.
(j) The executive director shall adopt rules for the issuance of the license under this paragraph, and rules governing the sex and size of lobsters allowed to be taken under this paragraph, provided such rules conform with requirements applicable to non-commercial 5 pot licenses and commercial lobster license holders.
(k) The executive director shall submit a report to the chairpersons of the house and senate committees with the jurisdiction over scuba diving recreational lobster licensing. The report shall include the total number of lobsters reported taken by year by non-commercial scuba diving license holders, the total number of non-commercial scuba diving lobster licenses issued, the number of violations issued, the number of investigations detailed by source, such as public complaint, commercial lobsterman complaint, diver complaint, conservation officer complaint. The executive director shall submit the report within 5 years of the effective date of this paragraph, and every 5 years thereafter.
3 New Subparagraph; Lobsters and Crabs; Scuba Diver Recreational Lobster License. Amend RSA 211:18, III-a by inserting after subparagraph (g) the following new subparagraph:
(h) Scuba diver recreational lobster license.
4 Lobsters and Crabs; Prohibited Methods of Taking. Amend RSA 211:23-a to read as follows:
211:23-a Prohibited Methods of Taking. No person shall at any time take from any waters under the jurisdiction of this state any lobsters by [diving,] spearing or dipping.
5 Effective Date. This act shall take effect 60 days after its passage.
22-2408
Amended 4/5/22
HB 1297- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2022-0157h)
AN ACT relative to taking lobster while engaged in recreational scuba diving.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as amended, has a total fiscal impact of less than $10,000 in each of the fiscal years 2022 through 2025.
AGENCIES CONTACTED:
Fish and Game Department
| Date | Body | Type |
|---|---|---|
| Jan. 14, 2022 | House | Hearing |
| Jan. 25, 2022 | House | Exec Session |
| House | Floor Vote | |
| April 19, 2022 | Senate | Hearing |
| April 28, 2022 | Senate | Floor Vote |
April 28, 2022: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 04/28/2022; SJ 10
April 28, 2022: Sen. Gray Moved Inexpedient to Legislate; 04/28/2022; SJ 10
April 28, 2022: Inexpedient to Legislate, MA, VV === BILL KILLED ===; 04/28/2022; SJ 10
April 19, 2022: Committee Report: No Recommendation, 04/28/2022; SC 17
April 13, 2022: Hearing: 04/19/2022, Room 103, SH, 09:40 am; SC 16
March 22, 2022: Introduced 03/17/2022 and Referred to Energy and Natural Resources; SJ 6
March 17, 2022: Ought to Pass with Amendment 2022-0157h: MA DV 197-143 03/16/2022 HJ 7
March 17, 2022: Amendment # 2022-0157h: AA VV 03/16/2022 HJ 7
Feb. 1, 2022: Minority Committee Report: Inexpedient to Legislate
Feb. 1, 2022: Majority Committee Report: Ought to Pass with Amendment # 2022-0157h (Vote 11-8; RC)
Jan. 31, 2022: Executive Session: 01/25/2022 10:00 am LOB 305--307
Jan. 18, 2022: Full Committee Work Session: 01/25/2022 09:00 am LOB 305-307
Jan. 14, 2022: Public Hearing: 01/14/2022 1:00 p.m. LOB305-307
Nov. 19, 2021: Introduced 01/05/2022 and referred to Fish and Game and Marine Resources