Readopt Fis 602

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Readopt Fis 602.13 through 602.15 effective 12-22-98 (Doc #6916) to read as follows:



      Fis 602.13 Lobster Trap Limits.

        (a) Any individual holding a commercial lobster and crab license shall not use more than 1200
traps to take lobsters.

        (b) Individuals holding a limited commercial lobster and crab license shall not use more than 600
traps to take lobster.

       (c) No person shall take or possess lobster using a trap with a volume greater than 22,950 cubic
inches.



      Fis 602.14 Transfer of Limited Commercial and Commercial Lobster Licenses - Temporary
Physical Disability.

      (a) A person holding a limited commercial or a commercial lobster license, pursuant to RSA
211:18 III, who suffers a temporary physical disability that precludes the ability to take lobsters for a
minimum of 30 days may temporarily transfer a license as follows:

            (1) A commercial license to a person qualified pursuant to RSA 211:21 and 211:23; or

            (2) A limited commercial license to a person qualified pursuant to RSA 211:21 and 211:23
            and not presently licensed to take lobsters pursuant to RSA 211:18.

      (b) The transferor shall submit in writing to the executive director the following:

            (1) The description of the temporary physical disability;

            (2) A physician's letter attesting to the disability;

            (3) The following information on the person who will be acting on the licensee's behalf:

                 a. Name;

                 b. Address; and

                 c. Current lobster license number; and

            (4) The time frame of the expected duration of the transfer.

       (c) Any cost associated with obtaining the medical documentation shall be the responsibility of the
transferor.
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       (d) The transferred license shall be valid for the period of the disability but no longer than 2 years
from the date of transfer and shall convey all the privileges, rights and restrictions associated with such
license.

       (e) The transfer of the license shall not be effective until a letter from the executive director has
been received stating that the transfer of the license has been made.


      Fis 602.15 Transfer of Commercial Lobster Licenses - Death or Permanent Physical Disability.

       (a) In the event a commercial lobster license holder, pursuant to RSA 211:18 III, suffers death or a
permanent physical disability that precludes the ability to take lobsters, the license holder or heirs may
transfer the commercial license to a person qualified pursuant to RSA 211:21 and 211:23 upon approval
of the executive director.

      (b) The transferor shall submit in writing to the executive director and include the following:

            (1) The description of the disability;

            (2) A physician's letter attesting to the disability; and

            (3) The following information on the person who will be acting on the licensee's behalf:

                 a. Name;

                 b. Address;

                 c. Current lobster license number; and

                 d. The relationship of the person to the licensee.

       (c) Any cost associated with obtaining the medical documentation shall be the responsibility of the
transferor.

       (d) The transferred license shall be valid permanently to a member of the immediate family and
shall be valid for a period of 5 years from the date of transfer if any other person.

      (e) A commercial lobster license shall be limited to a one-time transfer and the license shall
convey all the privileges, rights and restrictions associated with such license.

       (f) The transfer of the license shall not be effective until a letter from the executive director has
been received stating that the transfer of the license has been made.
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Readopt with amendment Fis 603.02 and 603.07 effective 5/24/04 (doc #8088, EXEMPT) to read as
follows:


Fis 603.02 American Shad.

      (a) The taking of sea-run American shad (Alosa sapidissima) shall be done only by angling, as
defined in RSA 207:1, I and only by anglers licensed under RSA 214:1.

       (b) Any shad taken by any method not described in RSA 207:1, I shall be immediately released
back into the waters from which it was taken.

      (c) The daily bag limit shall be 2 fish except as specified in Fis 603.02(d).

      (d) No person shall transport, possess or land shad from outside the jurisdiction of the state that
exceeds more than 5% of the total landing by weight per trip.



      Fis 603.07 Sea Herring.

     (a) No person shall fish for, take, or possess unprocessed herring within the jurisdiction of New
Hampshire from September 21 through October 19, except as specified in (d).

       (b) The executive director shall revise the beginning date of the closure so that the closure shall be
in effect whenever it is determined that the mean gonad somatic index for female herring 24 - 28 cm in
length or greater is 15% or greater or the mean gonad somatic index for female herring 28 cm in length or
greater is 20% or greater.

       (c) If the results of herring samples collected at the end of the closure indicate that 25% or more by
number of mature spawn female sea herring still contain spawn the executive director may extend the
closure for an additional 28 days. "Mature spawn female sea herring" means female sea herring greater
than 24 cm in length.

      (d) During a spawning closure as specified in (a) through (c):

            (1) Mature spawn sea herring in ICNAF gonadal stages V and VI caught in the spawning
            area, shall comprise less than 20% of the amount of sea herring in possession; or

            (2) All vessels fishing for species other than sea herring shall be limited to an incidental catch
            of 2000 pounds of herring per calendar day caught in or from the management area subject to
            a spawning closure.

      (d) Any person, firm or organization engaged in the taking or landing of herring shall first obtain a
permit to do so from the executive director.

      (e) Any person, firm or organization properly permitted may land herring from areas not under
spawning closures provided they are equipped with a functional vessel monitoring system.
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      (f) Nothing in the above provisions shall prohibit a person from possessing herring for use as bait
while in the normal conduct of tending lobster and crab pots or any herring used as bait for angling
purposes.

       (g) No person shall land, transfer or transport herring taken from a management area or sub-area
closed to a directed herring fishery to an internal waters processing operation.

      (h) No person shall land herring taken from a management area or sub-area when 95% of the total
allowable catch for that area or sub-area will be exceeded except a person may land and possess up to a
maximum of 2,000 pounds of incidentally caught herring.

       (i) If 50% of the total allowable catch (TAC) from a management area which includes state waters
is reached or is projected to be reached on or before one-half of the quota period, vessels shall be
prohibited from landing Atlantic herring caught from a management area which includes state waters a
minimum of 2 days per week except as an incidental catch of a maximum of 2,000 pounds.

       (j) No person shall take herring from the waters under the jurisdiction of the state when the total
allowable catch assigned to management area or sub-area which includes state waters has been attained
except that a person may take and possess up to a maximum of 2,000 pounds of incidentally caught
herring.




Readopt Fis 603.15 effective 12/22/98 (doc #6916) to read as follows:

      Fis 603.15 Bluefish.

       (a) No person shall take or possess more than 10 bluefish in one day by hook and line while on or
leaving or from the waters under the jurisdiction of the state.

       (b) From October 1 through June 30 no person shall take or possess bluefish by any method while
on or leaving or from the waters under the jurisdiction of the state for purpose of sale.


Readopt with amendments Fis 603.19 effective 5/24/04 (doc #8088, EXEMPT) to read as follows:


      Fis 603.19 Dogfish.

       (a) No person shall take, land or possess spiny dogfish in state waters whenever the state has been
notified by the Atlantic States Marine Fisheries Commission (ASMFC) that the state quota has been
taken.

      (b) During any time period for which dogfish is closed as specified in (a) or (c), dogfish shall:

            (1) Only be taken by angling;

            (2) Be for personal use only; and

            (3) Not be sold.
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      (c) The open season for taking dogfish in state waters shall be August 1 through April 30. The
executive director may revise the opening of the season by up to 3 months depending on the quotas set by
the ASMFC.

       (d) Finning shall be prohibited. "Finning" means the taking of spiny dogfish, removing the fins,
and returning the remainder of the spiny dogfish to the sea.

        (e) The executive director shall set trip limits up to 7,000 pounds depending on the quotas and trip
limits set by the ASMFC.

      (f) Any person who is not a permitted federal dealer, shall report each week the following
information:

        (1) The quantity in pounds of dogfish purchased;

        (2) The harvester’s name and coastal harvest permit number or NMFS permit number;

        (3) The vessel name and registration number from whom dogfish were purchased.



Readopt with amendment Fis 608.01 effective 3-16-00 (doc #7215) to read as follows:


      Fis 608.01 Lobster Reports.
      (a) Persons licensed to take lobster shall report in accordance with (b) through (j).
      (b) Persons who have previously reported lobster information to the executive director shall be
assigned a code number and put into one of 4 groups based on previously reported landings.
      (c) The groups shall be as set forth in Table 600.1:
                                           Table 600.1 Groups

            Group Number                          Landing Information

            Group 1                               Less than 1000 lbs.
            Group 2                               Greater than or equal to 1000 lbs. but less
                                                  than or equal to 4999 lbs.
            Group 3                               Greater than or equal to 5000 lbs.
            Group 4                               Recreational lobstermen with 5 pots or
                                                  less

       (d) A percentage of those license holders shall be required to report from each group. They shall
be determined by randomly selecting the code number of the licensed holder.
        (e) Those persons chosen to report under a stratified random system specified in Fis 608.01(d)
shall report on form MD018, a monthly record of catch reporting sheet.
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      (f) The licensee shall supply the following on form MD018:
            (1) On a monthly basis:
                 a. Name;
                 b. Signature;
                 c. License number;
                 d. Month and year;
                 e. Whether fishing occurred that month;
                 f. Gear size; and
                 g. Total number of pots fished for the month; and
            (2) On a daily basis:
                 a. Weight or quantity of lobsters landed;
                 b. Area of fishing activity;
                 c. Number of pots hauled;
                 d. Average set over days per pot; and
                 e. Whether or not fishing occurred that day.
      (g) Reports shall be carried on the vessel and completed through the day previous.
       (h) New entrants into the lobster fishery shall report, for a period of one year, on form MD017, the
lobster report for new entrants.
      (i) The report required by (h) above shall include the following for each month:
            (1) Name;
            (2) Address;
            (3) License number;
            (4) Number of pots fished;
            (5) Number of days pots were checked;
            (6) Average number of days pot/pots fished;
            (7) The weight, in pounds, of lobsters taken;
            (8) The area fished;
            (9) Average number of pots pulled;
            (10) Year; and
            (11) Signature.
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       (j) Those persons reporting information on lobster in accordance with Fis 608.01(f) and (i) shall
report on form MD018 or MD017. The report shall be submitted to the executive director by the 10th of
the month for the month previous, for form MD018, or by the 10th of January for the year previous on
form MD017, whether or not fishing occurred.
      (k) Any licensee failing to report with Fis 608.01(e) and (h) shall not be issued a license until such
time that the required information is submitted. Before a license is issued, the information shall be
reviewed by the department for completeness and information validated.
      (l) Any permittee failing to provide the required information within one year from the date it was
due shall not be eligible to receive a permit for the next succeeding year.
      (m) No person shall be required to report for more than 3 consecutive years.




Adopt Fis 608.04 to read as follows:

      Fis 608.04 Lobster Dealer Reports.

      (a) For purposes of this section, “lobster dealer” means:

            (1) Any person or business, other than the ultimate consumer, who purchases, ships, cosigns,
            transfers, transports, barters, accepts or packs lobster directly from a commercial fisherman
            for resale within the state of New Hampshire; or

            (2) Any person who sells, ships, cosigns, transfers or barters their own catch of lobster to
            anyone other than defined (a)(1);

       (b) Lobster dealers shall submit to the department reports detailing lobster transactions within the
state of New Hampshire by the 10th of each month, for the month previous, whether or not lobster
transactions within the state of New Hampshire occurred.

      (c) Lobster dealer reports, electronic or paper, shall include the following:

            (1) Commercial fisherman’s trip start date;

            (2) State of vessel registration and number or coast guard number ;

            (3) Commercial fisherman’s first name, last name and date of birth;

            (4) Number of trips for commercial fisherman per day;

            (5) Species purchased;


            (6) Number or pounds of species purchased;

            (7) Disposition of species purchased;
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            (8) Ex-vessel value or price of purchased species;

            (9) Port, county and state where species were landed;

            (10) The dealers wholesale marine species, retail lobster or crab dealer, commercial saltwater
            or lobster license number;

            (11) Date species unloaded from commercial fisherman’s vessel;

            (12) Grade and market size of purchased species; and

            (13) Gear used to harvest species.

      (d) Any lobster dealer failing to report shall not be issued a license until such time that the required
information is submitted. Before a license is issued the information shall be reviewed by the department
for completeness and information validated.

      (e) Any lobster dealer failing to provide the required information within one year from the date it
was due shall not be eligible to receive a license for the next succeeding year.

				
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