211:48 Seines, Nets and Weirs; Exemption. –
I. No person shall use a seine or net or weir for the taking of salt water smelt in Great Bay, Little Bay, Piscataqua River, Squamscot River, Oyster River, Bellamy River, Lamprey River and their tributaries, except that salt water smelt may be taken by the use of a bow net in the Oyster River, the Squamscot River, Bellamy River and Lamprey River only, and by dip net held in hand in the Bellamy River, Oyster River, Lamprey River and Squamscot River only, provided that any person who at any time during the 3 years immediately preceding the enactment of this act has owned and operated a weir or weirs for taking of salt water smelt in these waters and who files the information hereinafter required with the executive director, fish and game, within 90 days after enactment of this act, may continue to operate said weir or weirs in the same location or locations and to no greater extent and in no larger size than he has previously operated during that 3-year period. The information to be filed as provided herein shall include name and address of the owner and operator of the weir or weirs, the location, length and description of same and such other information as the executive director, fish and game, may require to establish the facts as to the person's prior ownership and operation and his right to continue to operate.
II. Those fishermen who have filed information with the executive director pursuant to paragraph I shall be, for the duration of their respective lives, permitted to continue to operate their weirs consistent with the information filed with the executive director regardless of any state laws or regulations. These exemptions are non-assignable and shall terminate upon the death of each registered fisherman.