211:48-b Use of Nets; Lamprey River. –
I. No person shall use any type of net or weir for the taking of fin fish from the downstream side of the McCallen Dam to a line perpendicular with the 2 riverbanks from the north side of the Newmarket boat launch ramp except that the executive director of the New Hampshire fish and game department may permit netting as the executive director deems necessary for propagation and scientific purposes.
II. Notwithstanding any rules to the contrary, except as limited by this section, any resident as defined in RSA 207:1, XXIII may set or use a net or weir in the remaining tidal portion of the Lamprey River or tributaries for the taking of river herring only to a point downstream to a point perpendicular with the 2 river banks from Shackfords point to Moody point in the town of Newmarket, provided that said person shall obtain a permit under rules as adopted in accordance with RSA 541-A which shall be granted by the executive director. Such permittee shall be required to submit a report under rules as adopted in accordance with RSA 541-A and said information shall be a public record.
III. No person shall set or use nets or weirs in the Lamprey River unless such nets meet the following requirements:
(a) No person shall set or arrange a weir at any time to an extent greater than from one shoreline to the thread of the stream, nor shall any person set or use any gill net greater than 100 feet in total length from one shoreline outward to the thread of the stream. Such nets shall be stationary, pulled tight and straight and shall remain in a fixed position and the permittee shall be in attendance at all times.
(b) No person shall set or use a weir or net within 1,000 feet of another net. The distance between nets shall be measured in linear feet along the thread of the stream.
(c) No person shall take river herring from the waters of the Lamprey River by any method between sunrise Wednesday and sunrise Thursday of any week. During such period all nets shall be removed and a weir shall be constructed so that total escapement of all river herring shall occur.
(d) Use of nets, except weirs, shall be restricted to the period of sunrise to sunset.
IV. Any person who previously operated a weir during 1986 or who was exempt under the provisions of RSA 211:48, II shall have exclusive priority as to the location of such weirs. This section shall not interfere with those fishermen as described in RSA 211:48, II.