CHAPTER
Fis 600 MARINE FISHING RULES
Statutory
Authority: RSA 211:62
PART Fis 601 CHAPTER DEFINITIONS
Fis 601.01 “Coastal and estuarine waters” means all
waters within the rise and fall of the tide, and water below any fishway or dam
which is normally the dividing line between tide water and fresh water, or
below any tidal bound which has been legally established in streams flowing
into the sea under the jurisdiction of the state.
Source. #745, eff 1-25-76;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss
by #12652, eff 10-27-18
Fis 601.02
“Groundfish” means a group of fish which includes Atlantic cod (Gadus morhua), Atlantic wolffish (Anarhichas
lupus), Atlantic halibut (Hippoglossus hippoglossus), ocean pout (Zoarces
americanus), haddock (Melanogrammus aeglefinus), pollock (Pollachius virens),
American plaice (Hippoglossoides platessoides),
redfish (Sebastes marinus), white hake (Urophycis
tenuis), summer flounder (Paralichthys dentatus), yellowtail flounder (Pleuronectes ferruginea), winter flounder (Pleuronectes americanus),
windowpane flounder (Scophthalmus aquosus), and witch
flounder (Glyptocephalus cynoglossus).
Source. #1464, eff 1-1-80;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss
by #12652, eff 10-27-18 (formerly Fis 601.08)
Fis 601.03 “Mobile gear” means fishing gear that is
mechanically or manually drawn, pulled, or dragged through the water for the
purpose of entrapping and taking of marine species. The term includes but is not limited to purse
seine, Scottish seine, beam trawl, midwater trawl, otter trawl, pair trawl, or
drag seine in any form. The term does
not include cast nets, dip nets held in hand, hook and line, seines less than
50 square feet, and stationary gill nets anchored on each end.
Source. #1670, eff 11-20-80;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss
by #12652, eff 10-27-18 (formerly Fis 601.07)
Fis 601.04 “Net” means any open fabric constructed of
materials such as but not limited to string, cord, thread, or wire, knotted or
woven together in such a way as to be capable of entraining or entrapping fin
fish.
Source. #1670, eff 11-20-80;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss
by #12652, eff 10-27-18 (formerly Fis 601.02)
Fis 601.05 “River Herring” means a group of fish which
includes alewives (Alosa pseudoharengus)
and blueback herring (Alosa aestivalis).
Source. #1670, eff 11-20-80;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #5789, eff 2-18-94, EXPIRED: 2-18-00
New. #7215, eff 3-16-00,
EXPIRED: 3-16-08
New. #9216, INTERIM, eff
7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16; ss by #12652,
eff 10-27-18 (formerly Fis 601.09)
Fis 601.06 “Seine” means the same thing as “net”.
Source. #4306, eff 8-28-87;
ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
New. #7215, eff 3-16-00:
3-16-08, EXPIRED: 3-16-08
New. #9216, INTERIM, eff
7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16; ss by #12652,
eff 10-27-18 (formerly Fis 601.03)
Fis 601.07 “Single hook artificial lure” means a lure
with one single hook with not more than 3 hook points.
Source. #5789, eff 2-18-94,
EXPIRED: 2-18-00
New. #7215, eff 3-16-00,
EXPIRED: 3-16-08
New. #9216, INTERIM, eff
7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16; ss by #12652,
eff 10-27-18 (formerly Fis 601.06)
Fis 601.08 “Total length” means the straight-line
distance from the tip of the snout to the tip of the tail or caudal fin while
the fish is lying on its side, normally extended.
Source. #5953, eff 1-25-95,
EXPIRED: 1-25-03
New. #8087, eff 5-27-04;
ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
New. #12652, eff 10-27-18
Fis
601.09 “Waters under the jurisdiction of
the state” means those waters described in RSA 1:14 and 1:15.
Source. #10094, EXEMPT, eff
2-29-12; ss by #12652, eff 10-27-18
Fis 601.10 “Weir” means a fixed position fish trap
consisting of a lead of net strung from poles, usually wooden, with a pocket of
net within which the fish are contained.
Source. #12652, eff 10-27-18
(formerly Fis 601.04)
PART Fis
602 PROHIBITED MARINE ACTIVITIES
Fis 602.01 Closing Off Streams.
(a)
No person(s) shall set or arrange a weir or net in any river or stream
at any time to extend greater than from one shoreline to the thread or middle
line of the stream.
(b)
No person(s) shall set a weir or net within 1000 feet of another
net. The distance between nets shall be measured in linear feet
along the thread of the stream.
(c)
The above requirements shall not apply to the bow net fishery conducted
on the ice for smelt.
Source. #745, eff 1-25-76; amd by #1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by
#4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by
#10095, eff 2-29-12; ss by #13399, eff 7-1-22
Fis 602.02 Fishways Closed.
(a)
In addition to the restrictions and closures specified in Fis 402.07,
the waters surrounding any dam which contains a fishway shall be closed to all
fishing as described below:
(1) Lamprey River, from the upstream side of the
Route 108 Bridge to 275 feet below the downstream side of the Macallen dam,
tidal water, in the town of Newmarket;
(2) Exeter River, from the upstream side of
the High Street Bridge to the downstream side of
the Chestnut Street String Bridge, on the Squamscott
River, in the town of Exeter;
(3) Exeter River, from the upstream side of the
Pickpocket Dam and fishway including a 50 foot radius in front of the
fishway on the upstream side to the downstream side of the Cross
Roads Bridge in the towns of Brentwood and Exeter;
(4) Taylor River, from the upstream side of the
fishway and dams including a 50 foot radius in front of the fishway
on the upstream side to a line perpendicular to the south end of the south
overflow culvert on Route 95 to the opposite side of the river, east;
(5) Cocheco River,
from the upstream side of the Central Avenue Bridge to the
downstream side of the Washington Street Bridge in the town
of Dover;
(6) Oyster River, from the upstream side of
the dam and fishway, including a 50 foot radius in front of the
fishway on the upstream side to the downstream side of Route 108 bridge in the
town of Durham;
(7) Winnicut River,
within a 25 foot radius in the front of the fishway downstream in the
tidal waters and within a 6 foot radius in front of the fishway opening
upstream; and
(8) Salmon Falls River, from the
upstream side of the Route 4 Bridge to 150 feet downstream of South Berwick dam
in the town of Rollinsford.
(b)
American eels, Anguilla rostrate, may be taken by use of
traps, pots, or spears, within the tidal portions of the areas described
in Fis 602.02(a) from June 15 to October 1.
(c)
No person shall be on or in a fishway without written permission from
the executive director or his or her agent. The request for
permission shall be made in writing and shall include the purpose of the
request. A valid request shall be for activities such as scientific
research or maintenance.
(d) No person or persons
shall take fin fish in fishways.
Source. #1316, eff 2-15-79; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; amd by #3169, eff 12-31-85;
ss by #4306, eff 8-28-87; amd by #4421, eff 5-24-88;
ss by #5412, eff 6-19-92; amd by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; ss by #6291, eff 7-20-96; ss by
#8087, eff 5-27-04;
amd by #8913, eff
6-21-07; amd by #9056, eff 1-2-08;
ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22
Fis 602.03 Import,
Export, Transport, and Release.
(a) No person shall bring,
or have brought, into the state, nor transport, or caused to be transported,
from the state to any other state or country, nor take from one point within
the state to any other point within the state, any living marine plant, or
marine animal, for release, without first procuring written permission to do so
from the director.
(b) Applicants shall
request permission in writing and shall include the name of the species
involved, when and where the release shall occur, the names of the persons
involved, and an explanation of why the release is necessary. Permission
shall be granted if the director determines no adverse environmental harm will
occur.
Source. #745, eff 1-25-76;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss
by #13399, eff 7-1-22
Fis 602.04 Dumping of
Fish.
(a) No person on any
commercial fishing vessel or party or charter vessel shall deposit upon the
shores, in the bays, harbors, or rivers of the state any
dead fish, or parts thereof, or fish smothered or injured to such an extent
that they will die.
(b) Nothing in this section
shall be construed to restrict the use of fish, or parts thereof, for chum or
bait.
Source. #1041, eff 10-15-77;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss
by #13399, eff 7-1-22
Fis
602.05 Seining Restriction.
(a) Seines used for the taking of marine species
from estuarine and harbor waters of the state shall not be greater than 50
square feet. The mesh size shall be no
smaller than 1/2 inch. For purposes of
this section, "harbor waters" means any waters of a harbor inland of
the most seaward jetty or daymarker.
(b) Seines shall only be manually drawn, pulled,
or dragged through the water.
Source. #5789, eff 2-18-94,
EXPIRED: 2-18-00
New. #7215, eff 3-16-00,
EXPIRED: 3-16-08
New. #9216, INTERIM, eff
7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16
Fis 602.06 Gill Netting Restriction.
(a)
The taking, transporting, or possessing of Atlantic cod, Atlantic
wolffish, Atlantic halibut, ocean pout, haddock, pollock, white hake, redfish,
American plaice, and windowpane, witch, winter, and yellowtail flounders shall
be prohibited on board any boat rigged for gill netting not in accordance with
50 CFR 648.80(a)(3)(iii) and (iv).
(b)
The mesh size referred to in paragraph (a) shall be measured in
accordance with 50 CFR 648.80(f)(1).
(c)
No person shall take any species of fish listed in Fis 602.06(a) by gill
netting during April, May, and June.
(d)
Gill nets used for the taking of finfish, except as specified in (e),
shall be subject to the following:
(1) No more than 25 gill nets shall be used in
state waters; and
(2) Gill nets shall not be longer than 300 feet
in length.
(e)
Gill nets used for the taking of finfish from the waters of the Great
Bay estuarine system inland of the Memorial Bridge in Portsmouth, Little Harbor
and its tributaries inland of its most seaward jetty, Rye Harbor and its
tributaries inland of its most seaward jetty, and inland of the Hampton Harbor
Bridge shall be subject to the following:
(1) Gill nets shall have a mesh size no larger
than 3 inches;
(2) Gill nets shall be no longer than 100 feet in
length and no wider than 7 feet in width;
(3) Gill netting shall only be permitted from
April 16 through October 31;
(4) Gill netting shall only be permitted between
2 hours before sunrise until 2 hours after sunset, except as provided in RSA
211:48-b; and
(5) Any person using a gill net to take finfish
shall be within unaided eyesight of the net.
“Unaided eyesight” means unaided by devices such as binoculars or
spotting scope.
Source. #1316, eff 2-15-79;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; amd
by #4460, eff 7-29-88; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; amd by
#7002, eff 5-25-99; ss by #7215, eff 3-16-00; ss by #7715, INTERIM, eff
6-21-02, EXPIRES: 12-18-02; ss by #7753, eff 8-19-02; ss by #9744, eff 7-1-10,
EXPIRED: 7-1-18
New. #12652, eff 10-27-18
Fis 602.07 Mobile Gear Restriction.
(a)
The taking, transporting, or possessing of Atlantic cod, Atlantic
wolffish, Atlantic halibut, ocean pout, haddock, pollock, white hake, redfish,
American plaice, and windowpane, witch, winter, and yellowtail flounders shall
be prohibited on board any boat rigged for mobile gear, including but not
limited to, purse seine, Scottish seine, beam trawl, midwater trawl, otter
trawl, pair trawl, or drag seine in any form not in accordance with 50 CFR
648.80(a)(3)(i) - (iii).
(b)
The mesh openings referred to in paragraph (a) shall be measured in
accordance with 50 CFR 648.80 (f)(2).
Source. #1316, eff 2-15-79; amd by #2105, eff 8-1-82; ss by #2839, eff 8-31-84; amd by #3150, eff 11-20-85; ss by #4868, eff 7-20-90; ss by
#5789, eff 2-18-94; amd by #5953, eff 1-25-95; ss by
#7215, eff 3-16-00; ss by #7715, INTERIM, eff 6-21-02, EXPIRES: 12-29-02; ss by
#7753, eff 8-19-02; ss by #9744, eff 7-1-10, EXPIRED: 7-1-18
New. #12652, eff 10-27-18
Fis
602.08 Lobster Landing and Possession
Limits.
(a) The following definitions shall apply to this
section:
(1) “Day” means any 24 hour period or portion of
that 24 hour period, for example, one day means 24 hours or less, 2 days means
24 to 48 hours, 3 days means 48 to 72 hours, 4 days means 72 to 96 hours and 5
days means 96 to 120 hours;
(2) “Holding car” means any container, enclosure,
crate, or any other contrivances designed to hold and store lobster away from
the vessel;
(3) “Net hauler” means any device capable of
pulling all or portions of gillnets out of the water for the purpose of
removing catches of lobster and fish; and
(4) “Rigged for netting” means a vessel having a
trawl net and doors on board the vessel.
(b) No vessel shall land or possess more than the
following amounts of lobster taken by non-trap legal methods:
(1) 100 lobsters per day;
(2) 500 lobsters for any fishing trip 5 days or
longer; or
(3) 100 lobsters for any fishing trip when the
duration of the trip in number of hours cannot be documented by the department.
(c) Any vessel landing lobsters which is rigged
for netting or equipped with a net hauler and has both lobster and fish in
possession shall be subject to the lobster limits specified in (b).
(d) Any vessel landing lobsters taken by any gear
other than pots or traps during any fishing trip shall document the hourly
duration of the fishing trip through vessel reports or the call-in system under
the days at sea notification requirements pursuant to 50 CFR 648.10. These records shall be kept on board the
vessel and shall be made available for inspection by any agent of the director.
(e) A vessel may possess lobsters, caught by
non-trap legal methods, to exceed more than 100 lobsters per day provided:
(1) Lobsters shall be held separate from the
fishing vessel in holding cars;
(2) The limits specified in (b) shall not be
exceeded for any trip;
(3) That prior to putting the lobsters in the
holding car, the fishermen shall notify a conservation officer of their intent
to car lobster and the location of the holding cars;
(4) Not more than 100 lobsters are in possession
for each day of fishing following notification; and
(5) Not more than 500 lobsters are in possession
at any one time.
Source. #1878, eff 12-4-81; rpld by #2105, eff 8-1-82
New. #6594, eff 10-1-97;
ss by #8088, EXEMPT, eff 5-24-04
Fis 602.09 Marking and Tending of Gear.
(a)
For the purpose of this section, the term “72 COLREGS demarcation line”
means the line defined in 33 CFR Section 80.115(b), namely “a line drawn from
the southernmost tower on Gerrish Island charted in approximate position
latitude 43°04.0’N longitude 70°41.2’W to Whaleback Light, thence to Jaffrey
Point Light 2A, thence to the northeasternmost
extremity of Frost Point.”.
(b)
No person shall leave unattended in the waters of the state a pot, trap,
or net used for the take of a marine species unless the gear is identified in
the following manner:
(1) All fixed gear shall have the name of the
owner permanently affixed.
(2) High flier buoys, as
customarily used on longline gear, shall be marked with the name of the owner;
(3) Pot or trap trawls shall be marked at each
end with at least a single buoy made of highly visible material and utilize the
distinctive color scheme or markings noted on the person’s license issued by
the executive director;
(4) Gill nets and longline sets 6,000 feet or
less shall be buoyed on each end to support a vertical shaft at least 5 feet
high with a radar reflector of at least 100 square inches of reflective area;
(5) Flags and pennants affixed to buoys marking a
string of gear as required by this section shall be of uniform color;
(6) Weak links with a maximum breaking strength
of 1100 pounds shall be used in gillnet panels and on all flotation and/or
weighted devices attached to the buoy line of gillnets set seaward of 72
COLREGS demarcation line and seaward of the Rye harbor approach channel as
defined in RSA 211:19-a, III or the outer most jetty at the Hampton harbor
entrance;
(7) By May 1, 2022, all buoy lines for gear used
upon lobster, crab or fish traps or pots in state waters shall be rigged using:
a. 100% weak line; or
b. Top 50% weak line; or
c. Weak insert 50% down the buoy line;
d. Weak line and weak inserts must be on the
list approved by the National Oceanic and Atmospheric Administration (NOAA)
found at www.fisheries.noaa.gov/alwtrp.
(8) Groundlines between traps or gillnet panels
shall be sinking for all gear set seaward of 72 COLREGS demarcation line and
seaward of the Rye harbor approach channel as defined in RSA 211:19-a, III or
the outer most jetty at the Hampton harbor entrance.
(9) Buoy lines
used for lobster trap/pot or gill net gear in all state waters shall be
permanently and clearly marked as follows:
a. By January 1, 2022, the marks shall be yellow
in color, with one 3-foot long mark placed within two fathoms of the buoy at
the surface system, and two additional 12-inch (30.5cm) marks placed in the top
and bottom half of buoy lines;
b. The required colored marks may be added to
the surface of the line in the form of dye, paint, thin colored whipping line,
thin colored plastic, heat-shrink tubing, or other durable material. Alternatively, a thin colored line may be
woven into or through the line or a solid yellow line may be used;
c. By May 1, 2022, within two fathoms of the
buoy at the surface system 3 feet of the line shall be solid yellow in color; and
d. It is unlawful to fish lobster gear within
state waters which has a buoy line marked with a green mark.
(10) No person or vessel shall fish with trap or pot
gear set seaward of 72 COLREGS demarcation line and seaward
of the Rye harbor approach channel as defined in RSA 211:19-a, III or the outer
most jetty at the Hampton harbor entrance that has any portion of the buoy line floating at the surface at any time
when the buoy line is directly connected to the gear at the ocean bottom. If
more than one buoy is attached to a single buoy line, or if a high flyer and a buoy are used together on a single buoy
line, floating line may be used between these objects.
(c)
Any person leaving unattended pot or trap gear in the waters of the
state shall:
(1) Mark each boat or vessel used to tend such
gear with the distinctive color scheme or markings noted on the license issued
by the executive director;
(2) Tend such gear only between one hour before
sunrise to sunset; and
(3) Haul and tend any gear used to take or store
lobster at least once in every 30 day period
that the gear is placed in the water.
Source. #1878, eff 12-4-81; ss by #2839, eff 8-31-84;
ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04;
ss by #9014, EXEMPT, eff 1-1-08; ss by #9299, eff 10-22-08; ss by #10478, eff
1-1-14; ss by #10840, EXEMPT, eff 5-27-15; ss by #12655, EXEMPT, eff 11-1-18;
ss by #13188, EXEMPT, eff 4-15-21; ss by #13320, EXEMPT, eff 12-29-21; ss by
#133878, EXEMPT, eff 5-12-22
Fis
602.10 Lobster Trap Construction.
(a) No person shall fish for or take lobsters
unless the trap is equipped with unobstructed escape vents or gaps in the
parlor section which shall have:
(1) A
rectangular or oblong escape vent not less than 1 15/16 inches by 5 3/4 inches
located next to the bottom edge;
(2) At least 2
circular escape vents not less than 2 7/16 inches in diameter;
(3) A gap
caused by raising, modifying or separating horizontal laths to comply with
paragraphs (1) or (2);
(4) A gap
caused by separating or modifying vertical laths to comply with paragraph (1);
(5) A gap
caused by separating both ends of 2 laths 1 3/4 inches on the top of the parlor
section next to the middle bow or supporting frame and directly over the parlor
head; or
(6) In a wire
or plastic trap, a gap created by cutting vents in the side or end to comply
with paragraphs (1) or (2).
(b) No person shall set, raise, haul, or transfer
any lobster trap unless the trap is equipped with an escape vent as required in
this section or has been exempted under (c) below.
(c) The executive director shall exempt specific
trap designs from the escape vent requirements of this section if it is
statistically proven that the specific trap design will only take crabs and is
incapable of taking lobsters. Any such
trap design shall be approved by the executive director in writing after
inspection by an agent for the executive director.
(d) In addition to the escape vents required in
(a), all traps used to fish for or take lobsters shall have at least 2 runners
or sills and an escape panel designed as follows:
(1) For a
rectangular wire or plastic mesh trap:
a. At least 2
parallel runners or sills attached to the bottom of the trap running along the
entire length of the exterior; and
b. An
unobstructed escape panel which shall be:
1. Located in
the parlor section on the sides or end;
2. Hinged at
the top of positively buoyant panels or at the bottom of negatively buoyant
panels;
3. Tied with an
untreated natural fiber such as cotton, sisal, hemp or jute not exceeding 3/16
inches in diameter before immersion in sea water, or a piece of non-stainless,
uncoated ferrous metal wire not exceeding 3/32 inches in diameter; and
4. Of
sufficient size to create an opening of at least 3-3/4" x 3-3/4" when
the panel is removed or opened;
(2) Any
non-rectangular wire or plastic mesh trap shall have at least 2 runners or
sills and shall have an escape panel designed to create a space of at least
3-3/4" x 3-3/4" when open;
(3) The
construction design of the runners, or sills, and the escape panels of a
non-rectangular wire or plastic mesh trap shall be approved in writing by the
executive director after inspection by his agent shows that the design of the
trap will fish the same as the criteria for traps under (d)(1), above;
(4) Nothing
shall be placed in the parlor section of any rectangular wire or plastic mesh
trap, whatever the design, which would obstruct the 3-3/4" x 3-3/4"
escape panel after disintegration of the natural fiber or other material;
(5) For a wood
lath half-round or so-called "round" or wood rectangular trap:
a. Every wood
lath half round or so-called "round" or wood rectangular trap shall
have at least 2 parallel runners or sills on the bottom, running the entire
length of the trap exterior;
b. Every wood
lath half-round or so-called "round" or wood rectangular trap shall
have an unobstructed escape panel which shall be:
1. Created by
one untreated, softwood lath running the full length of the parlor section,
which shall:
(i) Have the same dimensions as the other laths
on the trap;
(ii) Not be
located where it will rest on the sea-bottom; and
(iii) After
disintegration, leave a space of at least 3.0 inches between adjacent laths;
and
2. An opening
of at least 3.0 inches between adjacent laths, running the length of the parlor
section which is laced with an untreated natural fiber such as cotton, sisal,
hemp, or jute not exceeding 3/16 inches in diameter before immersion in sea
water; and
c. Nothing
shall be placed in the parlor section of a wood lath half-round or so-called
"round" or wood rectangular trap which might obstruct the 3 inch
opening after disintegration of the untreated lath or natural fiber lacing; and
(6) Any other
type of wooden trap shall have runners or sills as described in (5)b.1. and an
unobstructed escape panel laced with an untreated natural fiber such as cotton,
sisal, hemp or jute not exceeding 3/16 inches diameter before immersion in sea
water to provide a minimum opening of at least 3 3/4" x 3-3/4" in the
parlor section when lacing disintegrates.
(e) The executive director shall exempt a
specific trap design from the provisions of Fis 602.10(d) if the trap design
will take only crabs and is incapable of taking lobsters.
(f) Any such trap design that meets the
requirements of (e) above shall be approved by the executive director in
writing after inspection by his agent.
Source. #4170, eff 11-26-86;
amd by #4247, eff 3-30-87; amd
by #4616, eff 5-25-89; ss by #5789, eff 2-18-94; amd
by #5953, eff 1-25-95; amd by #6916, eff 12-22-98; amd by #7002, eff 5-25-99; ss by #7215, eff 3-16-00,
EXPIRED: 3-16-08
New. #9216, INTERIM, eff
7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16
Fis 602.11 Lobsters.
(a)
No person shall possess any V-notched female American lobster. For the purposes of this paragraph, V-notched
lobster means any female lobster marked with a V-notch in the right flipper
next to the middle flipper or any female lobster which is mutilated in a manner
which could hide or obliterate the mark.
The right flipper shall be determined when the underside of the lobster
is down and its tail toward the person making the determination.
(b)
No person shall be considered in violation of paragraph (a) if any such
lobster is immediately returned to the natural habitat.
(c)
All commercial and limited and part-time commercial lobster licensees
shall immediately V-notch and return to the water, all egg-bearing female
lobster captured in the process of taking lobster. For the purpose of
this paragraph, a V-notch is a “V” shaped notch, cut by means of a sharp bladed
instrument, of at least 1/4 inch and not greater than 1/2 inch in depth and
tapering to a sharp point in the flipper next to and to the right of the center
flipper as viewed from the rear of the female lobster when the underside of the
lobster is down.
(d)
Any person who has more than one area designated on their federal
lobster permit shall comply with the most restrictive measures regardless of
where the lobsters were taken.
Source. #4395, eff 4-18-88;
ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
New. #7215, eff 3-16-00;
ss by #7711, eff 6-20-02; amd by #7914, EXEMPT, eff
6-30-03; ss by #9919, EXEMPT, eff 4-29-11; ss by #13637, EXEMPT, eff 5-17-23
Fis 602.12 Legal Length for Lobster.
(a)
The minimum length for lobster shall be 3 1/4 inches except the minimum
length for lobster taken or possessed in state waters by any vessel federally
permitted to take lobsters in:
(1) Lobster Management Area 3 as specified in 50
CFR 697.18 shall be 3 ½ inches except the minimum length beginning January 1, 2013 shall be 3 17/32; and
(2) Lobster Management Areas 2, 4, 5, 6, and the Outer Cape Lobster Management area
shall be 3 3/8.
(b)
The maximum length for lobster shall be 5 inches except as provided in
RSA 211:27, III(b) or any vessel federally permitted
to take lobsters in:
(1) Lobster Management Areas 2, 4, 5 and 6 shall
be 5 ¼ inches; and
(2) Lobster Management Area 3 shall be 6 3/4
inches.
(c)
Lobster tail meat taken from the shell shall not be less than 4 1/4
inches.
(d)
Lobster and lobster meat taken from the shell shall be measured in
accordance with RSA 211:27.
Source. #4604, eff 4-26-89; ss by #4868, eff 7-20-90;
ss by #6291, eff 7-20-96; rpld by #6443, eff 5-15-97;
ss by #6916, eff 12-22-98; ss by #7711, eff 6-20-02; ss by #7914, EXEMPT, eff
6-30-03; ss by #8343, EXEMPT, eff 7-1-05; ss by #8819, EXEMPT, eff 2-1-07; ss
by #9186, EXEMPT, eff 6-24-08; amd by #9772, INTERIM,
eff 8-26-10, para (e) EXPIRED: 2-22-11; amd by #9887,
eff 3-15-11 (para (e)); amd by #10266, EXEMPT, eff
1-29-13 (para (a) &(b)); amd by #10975-A, EXEMPT,
eff 11-17-15 (para (a) (1)&(2)); amd by #11052,
eff 3-9-16
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) Individuals holding a part-time commercial
lobster and crab license shall not use more than 100 traps to take lobster.
(d) No person shall take or possess lobster using
a trap with a volume greater than 22,950 cubic inches.
(e) Any individual with a trap allocation in
Atlantic States Marine Fisheries Commission’s (ASMFC) Lobster Conservation
Management Areas (LCMA) 2, 3, 4, 5 or 6 who transfers any portion of their trap
allocation to another individual shall not be permitted to fish for lobsters in
state waters.
(f) Lobsters shall only be taken by trap in state
waters pursuant to RSA 211:18.
Source. #6916, eff 12-22-98;
ss by #8303, EXEMPT, eff 4-1-05; ss by #8528, EXEMPT, eff 1-1-06; amd by #9468, EXEMPT, eff 5-12-09; ss by #10460, EXEMPT,
eff 1-1-14
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; or
(2) A limited commercial license to a person qualified
pursuant to RSA 211:21 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.
(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.
Source. #6916, eff 12-22-98;
ss by #8303, EXEMPT, eff 4-1-05; amd by #8819,
EXEMPT, eff 2-1-07
Fis 602.15 Transfer of Limited Commercial and
Commercial Lobster License.
(a)
In the event a resident commercial lobster license holder, pursuant to
RSA 211:18 III, who has landed a
verified 12,000 pounds of lobster for any 2 years during the previous 5 years suffers death or a permanent physical
disability that precludes the ability to take lobsters, the license holder or
heirs may request the transfer of the license to a person qualified pursuant to
RSA 211:21 as follows:
(1) The transferor shall submit in writing to the
executive director and include the following:
a. The name, address, lobster
license number, and date of birth of transferor;
b. If disabled, the description of the disability and a physician’s
letter attesting to the disability; or
c. If death, a copy of the death
certificate and legal documentation of executor of the estate, and
d. The following information on
the person who will be receiving the license:
1. Name;
2. Address;
3. Phone number;
4. Current lobster license number; if applicable; and
5. The relationship of the person to the
licensee.
(2) Any cost associated with obtaining the
medical documentation shall be the responsibility of the transferee.
(b)
In the event a resident limited commercial lobster license holder,
pursuant to RSA 211:18 III, who has
landed a verified 6,000 pounds of lobster for any 2 years during the previous 5 years suffers
death or a permanent physical disability that precludes the ability to take
lobsters, the license holder or heirs may request the transfer of the license
to a person qualified pursuant to RSA 211:21 as follows:
(1) The transferor shall submit in writing to the
executive director and include the following:
a. The name, address, lobster
license number, and date of birth of transferor;
b. If disabled, the description of the disability and a physician’s
letter attesting to the disability; or
c. If death, a copy of the death
certificate and legal documentation of executor of the estate, and
d. The following information on
the person who will be receiving the license:
1. Name;
2. Address;
3. Phone number;
4. Current lobster license number; if applicable; and
5. The relationship of the person to the
licensee.
(2) Any cost associated with obtaining the
medical documentation shall be the responsibility of the transferee.
(c) A person holding a resident commercial
lobster license who has landed a verified 12,000 pounds of lobster for any 2 years during the previous 3 years may request the
transfer of the commercial license to a person qualified pursuant to RSA 211:21
as follows:
(1) The transferor shall submit in writing to the
executive director and include the following:
a. The name, address, lobster
license number, and date of birth of transferor, and
b. The following information on
the person who will be receiving the license:
1. Name;
2. Address;
3. Phone number; and
4. Current
lobster license number, if applicable.
(d) A person holding a resident limited
commercial lobster license, pursuant to RSA 211:18 III(c) prior to January 1,
2006, who has landed a verified 6,000 pounds of lobster during any 2 years of
the previous 3 years may request the transfer of the limited commercial
lobster license to a person not presently qualified under RSA 211:18 III(c)
prior to January 1, 2006 but qualified pursuant to RSA
211:21 as follows:
(1) The transferor shall submit in writing to the
executive director and include the following:
a. The name, address, lobster
license number, and date of birth of transferor, and
b. The following information on
the person who will be receiving the license:
1. Name;
2. Address;
3. Phone number; and
4. Current
lobster license number, if applicable.
(e) The transferred license shall convey all the privileges, rights and restrictions
associated with such license.
(f)
The transfer of the license under (a), (b) and (c) shall not be
effective until a letter from the executive director has been received stating
that the transfer of the license has been made.
(g)
No person may hold more than one NH lobster license.
(h)
The person to whom the license is to be transferred shall have no
outstanding states or federal fisheries violations nor be under any states or
federal fisheries violation penalty.
(i) A person who transfers a license due to a
permanent physical disability under paragraphs (a) or (b) will no longer be
eligible to purchase a commercial, limited commercial, or part-time commercial
lobster and crab license described under RSA 211:18 III-a (a)-(f) but may
purchase a recreational lobster and crab license.
Source. #6916, eff 12-22-98;
ss by #8303, EXEMPT, eff 4-1-05; amd by #8819,
EXEMPT, eff 2-1-07; ss by #9014, EXEMPT, eff 1-1-08; ss by #10160, EXEMPT, eff
7-16-12; ss by #10930, EXEMPT, eff 9-14-15
Fis 602.16
Lobster Trap Tags.
(a)
No person licensed in accordance with RSA 211:18 shall fish with, raise,
or possess on board a vessel or submerged within the waters under the
jurisdiction of this state, a lobster trap without a valid lobster trap tag
affixed to the trap and issued to said person except:
(1) Helpers licensed in accordance with RSA
211:20; or
(2) A surrogate lobster licensee in the case of a
temporary physical disability as specified in Fis 602.14 who may fish with,
raise, or possess lobster traps with lobster tags not issued specifically to
them.
(b)
Any person licensed under RSA 211:18 who possesses on board a vessel any
trap which is capable of taking lobsters shall be
presumed to be in possession of a lobster trap.
(c)
A lobster trap tag shall be:
(1) Securely attached to the frame of the lobster
trap, in a manner for which it was designed such as a self-locking mechanism;
(2) Legible and clearly visible for inspection;
and
(3) Not be altered or defaced.
(d)
Lobster trap tags shall be valid for only one year beginning on June 1
and ending on May 31 of the following calendar year.
(e)
Lobster trap tags shall be purchased directly from a vendor established
by the Atlantic States Marine Fisheries Commission (ASMFC).
(f)
The fish and game department shall supply the vendor with:
(1) The licensee’s name and mailing address;
(2) Whether the licensee is fishing in federal
and/or state waters; and
(3) The number of tags the licensee may purchase.
(g)
A person licensed pursuant to RSA 211:18 may purchase from the vendor:
(1) Up to 1200 lobster trap tags for a commercial
license plus additional lobster trap tags of 10% of the trap limit allowed in
accordance with Fis 602.13 to cover routine trap losses;
(2) Up to 600 tags for a limited commercial
license plus additional lobster trap tags of 10% of the trap limit allowed in
accordance with Fis 602.13 to cover routine trap losses;
(3) Up to 100 tags for a part-time commercial
license plus additional lobster trap tags of 10% of the trap limit allowed in
accordance with Fis 602.13 to cover routine trap losses; and
(4) Up to 5 tags for a recreational license plus
an additional 2 to cover routine trap losses.
(h)
No person shall fish more than the number of traps allowed in accordance
with RSA 211:18 and Fis 602.13.
(i) Replacement tags shall be available to a
lobster licensee by exchanging trap tags with the fish and game department on a
one-for-one basis to allow for the necessary rotation and maintenance of
lobster traps.
(j)
In the case of catastrophic tags losses, which exceed the additional
number of tags that can be purchased to cover routine trap losses specified in
(g), an entirely new allotment of replacement trap tags shall be issued. The original tags shall not be valid
following the issuance of replacement tags.
(k)
Trap tags shall be issued to valid licensed lobster harvesters based on
approved ASMFC Lobster Fishery Management Plan amendments and addenda.
(l) No more than two trap tags shall be affixed to
a lobster trap at any given time.
Source. #7214, eff 6-1-00; amd by #8819, EXEMPT, eff 2-1-07; ss by #9286, EXEMPT, eff
9-29-08; ss by #10460, EXEMPT, eff 1-1-14; ss by #12655, EXEMPT, eff 11-1-18
Fis 602.17
Commercial Lobster Helper.
(a)
The requirement of this section shall not apply to persons on vessels
permitted by National Marine Fisheries to trap American lobster.
(b)
Helpers under this section shall not be persons who hold a part time
commercial license to take lobster that only allows the use of 100 traps.
(c)
Whenever more than one person holds a commercial lobster license,
whether it is commercial lobster license or limited commercial lobster license
for 600 traps, and the licensees are simultaneously on board and utilizing a
single vessel, the taking of lobsters and crabs shall be prohibited except as
specified in (d) through (g).
(d)
Two persons who each hold a commercial lobster license, whether it is a
commercial lobster license or a limited commercial lobster license which allows
the use of 600 traps, and who each have verified landings of lobster in New
Hampshire for any 2 years of the previous 3 years, may fish together on the
same vessel as follows:
(1) The licensee whose traps are to be fished to
take lobsters and crabs shall have obtained a letter of authorization as
specified in (e) from the executive director to allow the other licensee to be
the licensee’s lobster helper;
(2) The licensee also shall have obtained a helpers license pursuant to RSA 211:20 to use a helper; and
(3) The letter of authorization shall be on board
the vessel whenever the 2 licensees listed in the letter are on board the
vessel at the same time.
(e)
The licensee in (d) (1) shall request a letter of authorization from the
executive director by providing in writing the following:
(1) The licensee’s name and license number;
(2) The name of the vessel and the registration
number and/or USCG documentation number which will be used for the taking of
lobsters and crabs; and
(3) The name and commercial or limited commercial
license number of the person who will be used as a helper.
(f)
A person shall not request nor
hold more than one letter of authorization from the executive director at any
given time.
(g)
If there are 2 licensees with authorization letters utilizing the same
vessel to haul lobster gear, only one licensee’s gear shall be hauled in a
calendar day.
Source. #7464, eff 3-23-01;
ss by #9425, eff 3-17-09; ss by #9703, eff 5-1-10, EXPIRED: 5-1-18
New. #12655, EXEMPT, eff 11-1-18
Fis 602.18 Hook Vessel Restrictions.
(a)
"Hook gear" means fishing gear that is comprised of a hook or
hooks attached to a line and includes but is not limited to longline, setline,
jigs, troll line, rod and reel, and line trawl.
(b)
Any vessel commercially rigged for hook gear shall:
(1) Use circle hooks when using bait;
(2) Not use more than 800 circle hooks; and
(3) Have fairlead rollers that have at least 6 inch spacing between the rollers.
(c)
No person shall take commercially, any species of fish listed in Fis
602.06(a) by hook gear during April, May, and June.
Source. #7715, INTERIM, eff
6-21-02, EXPIRES: 12-19-02; ss by #7753, eff 8-19-02; ss by #9744, eff 7-1-10,
EXPIRED: 7-1-18
New. #12652, eff 10-27-18
PART Fis 603 RULES FOR CERTAIN FIN FISH SPECIES
PART Fis
603 RULES FOR CERTAIN FIN FISH SPECIES
Fis 603.01 River Herring.
(a)
No person shall take river herring, alewives (Alosa pseudoharengus) and blueback herring (Alosa aestivalis) by any method from the
waters of the state.
(b) Any trap or weir used in the waters of the
state shall be constructed so as to allow total
escapement of all river herring.
(c)
Any river herring taken by any method shall be immediately released back
into the waters from which it was taken.
Source. #1325, eff 3-15-79;
ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #5789, eff 2-18-94, EXPIRED: 2-18-00
New. #7215, eff 3-16-00;
(section heading amended by #8344), EXPIRED: 3-16-08
New. #9216, INTERIM, eff
7-24-08, EXPIRES: 1-20-09; ss by #9286, EXEMPT, eff 9-29-08; ss by #13188,
EXEMPT, eff 4-15-21
Fis 603.02 American Shad.
(a)
American shad (Alosa sapidissima) taken by any method from tidal waters
shall be immediately released back into the waters from which it was taken.
(b)
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 commercial trip.
Source. #745, eff 1-25-76;
ss by #2263, eff 1-7-82; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #6291, eff 7-20-96; amd by #6916, eff 12-22-98; ss
by #8088, EXEMPT, eff 5-24-04; ss by #8303, EXEMPT, eff 4-1-05; ss by #10266,
EXEMPT, eff 1-29-13
Fis 603.03 Salmon.
(a) The taking of any
species of sea-run salmon, which spends part of its life cycle in
fresh, brackish, or salt water under the jurisdiction of the state, shall
be permitted. Such taking shall be done only by angling, as
described in RSA 207:1, I, and only by anglers licensed under RSA 214:1.
(b) Any salmon taken in
coastal and estuarine waters shall be immediately released back into the waters
from which it was taken.
(c) Snagging or
foul-hooking of salmon shall be prohibited, and any salmon foul-hooked or
snagged shall be immediately released unharmed.
Source. #1041, eff 10-15-77;
amd by #1878, eff 12-4-81; ss by #2839, eff 8-31-84;
ss by #4770, eff 2-27-90; EXPIRED 2-27-96
New. #6291, eff 7-20-96;
ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22
Fis 603.04 Salters.
(a)
"Salters" means any species of trout which spends part of its
life cycle in brackish or salt water under the jurisdiction of the state.
(b)
Taking of salters shall be done by angling, as defined in RSA 207:1, I,
and only by anglers licensed under RSA 214:1.
(c)
The daily creel limit for salters shall be one fish except as provided
in Fis 604.01 and Fis 604.02.
Source. #745, eff 1-25-76;
ss by #2263, eff 1-7-83; ss by #2741, eff 6-13-84; amd
by #4154, eff 10-31-86; ss by #4306, eff 8-28-87; ss by #4461, eff 7-29-88; ss
by #4868, eff 7-20-90; ss by #6176, eff 1-27-96, EXPIRED: 1-27-04
New. #8087, eff 5-27-04; amd by #8913, eff 6-21-07; ss by #9744, eff 7-1-10; ss by
#10733, eff 1-1-15; ss by #12489, EMERGENCY RULE, eff 3-7-18, EXPIRED: 9-3-18
New. #12652, eff 10-27-18
Fis 603.02 American Shad.
(a)
American shad (Alosa sapidissima) taken by any method from tidal waters
shall be immediately released back into the waters from which it was taken.
(b)
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 commercial trip.
Source. #745, eff 1-25-76;
ss by #2263, eff 1-7-82; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss
by #6291, eff 7-20-96; amd by #6916, eff 12-22-98; ss
by #8088, EXEMPT, eff 5-24-04; ss by #8303, EXEMPT, eff 4-1-05; ss by #10266,
EXEMPT, eff 1-29-13
Fis 603.03 Salmon.
(a)
The taking of any species of sea-run salmon, which spends part of its
life cycle in fresh, brackish or salt water under the jurisdiction of the
state, shall be permitted. Such taking
shall be done only by angling, as described in RSA 207:1, I, and only by
anglers licensed under RSA 214:1.
(b)
Any salmon taken in coastal and estuarine waters shall be immediately
released back into the waters from which it was taken.
(c)
Snagging or foul-hooking of salmon shall be prohibited, and any salmon
foul-hooked or snagged shall be immediately released unharmed.
Source. #1041, eff 10-15-77;
amd by #1878, eff 12-4-81; ss by #2839, eff 8-31-84;
ss by #4770, eff 2-27-90; EXPIRED 2-27-96
New. #6291, eff 7-20-96;
ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12
Fis 603.04 Salters.
(a)
"Salters" means any species of trout which spends part of its
life cycle in brackish or salt water under the jurisdiction of the state.
(b)
Taking of salters shall be done by angling, as defined in RSA 207:1, I,
and only by anglers licensed under RSA 214:1.
(c)
The daily creel limit for salters shall be one fish except as provided
in Fis 604.01 and Fis 604.02.
Source. #745, eff 1-25-76;
ss by #2263, eff 1-7-83; ss by #2741, eff 6-13-84; amd
by #4154, eff 10-31-86; ss by #4306, eff 8-28-87; ss by #4461, eff 7-29-88; ss
by #4868, eff 7-20-90; ss by #6176, eff 1-27-96, EXPIRED: 1-27-04
New. #8087, eff 5-27-04; amd by #8913, eff 6-21-07; ss by #9744, eff 7-1-10; ss by
#10733, eff 1-1-15; ss by #12489, EMERGENCY RULE, eff 3-7-18, EXPIRED: 9-3-18
New. #12652, eff 10-27-18
Fis
603.05 Sand Eels. REPEALED
Fis
603.06 Smelt.
(a) Taking of salt water
smelt, by use of net or weir, shall not be permitted between March 1 and
December 15, in the waters under the jurisdiction of the state which lie inland
of the so-called
(b) The daily limit for smelt taken by any method
from coastal and estuarine waters shall be 4 quarts liquid measure of whole,
head and tail intact, smelt.
Source. #1041, eff 10-15-77; ss by #2263, eff 1-7-83;
ss by #2741, eff 6-13-84; amd by #4460, eff 7-29-88;
ss by #4865, eff 7-17-90; amd by #5412, eff 6-19-92;
ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12;
ss by #10709, eff 1-1-15
Fis 603.07 Sea Herring.
(a) “Sea herring” means that species
of Atlantic sea herring known as Clupea harengus.
(b) “Management Area” means one of
four Management Areas as specified in the Atlantic States Marine Fisheries
Commission’s Amendment 3 to the Interstate Fishery Management Plan for Atlantic
Herring.
(1) Management Area 1: All U.S. waters of the Gulf of Maine north of
a line extending from the eastern shore of Monomoy Island at 41º 35' N
latitude, 70° 00' W longitude, thence northeasterly to a point along the Hague
Line at 42º 53' 14" N latitude, 67º 44' 35" W longitude, thence
northerly along the Hague Line to the U.S. Canadian border, to include state
and Federal waters adjacent to the States of Maine, New Hampshire, and
Massachusetts. Management Area 1 is divided into Area 1A (inshore) and Area 1B
(offshore). The line dividing these areas is described by the following
coordinates.
N Latitude |
W Longitude |
41°
58´ |
70°
00´ at Cape Cod shoreline |
42°
38´ |
70°
00´ |
42°
53´ |
69°
40´ |
43°
12´ |
69°
00´ |
43°
40´ |
68°
00´ |
43°
58´ |
67°
22´ (the U.S.-Canada Maritime Boundary) |
(2) Management Area 2: All waters west and south of the Cape Cod
shoreline at 70° 00' W longitude, to include state and Federal waters adjacent
to the States of Massachusetts, Rhode Island, Connecticut, New York, New
Jersey, Delaware, Maryland, Virginia, and North Carolina.
(3) Management Area 3: All U.S. waters east of 70° 00' W longitude
and southeast of the line that runs from a point at 70° 00' W longitude and 41º
35' N latitude, northeasterly to the Hague Line at 67º 44' 35" W longitude
and 42º 53' 14" N latitude.
(4) Management area map:
(c)
Spawning sea herring protection.
(1) Massachusetts/New Hampshire Spawning Area. Massachusetts/New
Hampshire Spawning Area means all waters north of Cape Cod bounded by the
Massachusetts, New Hampshire, and Maine coasts and 43°30’ N latitude and 70°00’
W longitude.
Massachusetts/New
Hampshire Spawning Area Map:
(2) During the period September 23 through
November 3:
a. No person shall fish for, take, or possess
unprocessed sea herring within the jurisdiction of New Hampshire, except as in
(7), below and
b. No person shall
possess or land sea herring taken from the Massachusetts/New Hampshire Spawning
Area except as in (7) below.
(3) Closure Timing. To protect spawning sea herring, the
executive director may modify the dates in (2) when it is determined that sea
herring are in later stages of maturity just prior to spawning based on a
formula and process set forth in Section 4.2.6 of the Atlantic States Marine
Fisheries Commission’s Amendment 3 of the Interstate Fishery Management Plan
for Atlantic Herring as modified by Addendum II to Amendment 3 of the
Interstate Fishery Management Plan for Atlantic Herring.
(4) Closure Duration. Once the closure is enacted in (3), it shall
remain in effect for 42 days.
(5) Closure Extension. The closure in (2), (3), and (4) shall be
extended an additional 14 days if one sample taken from the Massachusetts/New
Hampshire Closure Area is comprised of 20% or more spawn sea herring. Sample means a batch of 100 adult sea herring
taken randomly from commercial catch or fish surveys during the last week of
the initial closure period or at the end of the initial closure period. Spawn sea herring means mature sea herring in
ICNAF gonadal stages V and VI.
(6) Closure Procedure. The initial closure date shall be announced
via notice by the executive director at least 5-days prior to the closure being
enacted and any closure extension shall be announced via notice by the
executive director immediately to be enacted the day following the
announcement.
(7) During a spawning closure as specified in (1)
through (5), all vessels fishing for species other than sea herring shall be
limited to an incidental catch of 2000 pounds of sea herring per calendar day
caught in or from the management area subject to a spawning closure.
(d)
State Permit. Any person,
firm or organization engaged in the taking or landing of sea herring for the
purpose of sale, trade, or barter shall first obtain a commercial saltwater
license pursuant to RSA 211:49-a or RSA 211:49-b and a permit to take sea
herring in accordance with Fis 609.02 from the executive director, provided
that:
(1) Any person, firm or organization properly
permitted may land sea herring from areas not under spawning closures provided
they are equipped with a functional vessel monitoring system, and;
(2) Nothing in the above provisions shall prohibit
a person from possessing sea herring for use as bait while in the normal
conduct of tending lobster and crab pots or any sea herring used as bait for
angling purposes.
(e)
General Protective Conditions:
(1) No person shall land, transfer, or transport
sea herring taken from a management area or sub-area closed to a directed sea
herring fishery to an internal waters processing operation;
(2) No person shall land sea herring taken from a
management area following notice from the executive director that 92% of the
area’s seasonal or sub- annual catch limit will be exceeded or if 95% of the
coastwide annual catch limit will be exceeded, except that a person may land
and possess up to a maximum of 2,000 pounds of incidentally caught sea herring;
and
(3) No person or vessel shall land sea herring
more than once per calendar day.
(f)
Specific Protective Conditions:
(1) If the Atlantic States Marine Fisheries
Commission’s Atlantic herring section commissioners from New Hampshire, Maine
and Massachusetts at a public meeting project that the seasonal or sub-annual
catch limit of the management area will be exceeded without the imposition of
“no landing days” and/or “weekly landing limits” controls, the executive
director shall impose the number of “no landing days” and the “weekly landing
limit for vessels” approved by a consensus of the commissioners.
(2) If the Atlantic States Marine Fisheries
Commission’s Atlantic herring section commissioners from New Hampshire, Maine
and Massachusetts acting in a public meeting cannot reach consensus on the
number of no landing days, the executive director shall establish seven “no
landing days” for New Hampshire.
(3) Vessels holding a federal “all areas limited
access herring permit” pursuant to 50 CFR 648.4 (a)(10) (iv)(A)(1), also known
as a “Category A permit” shall:
a. Notify the executive director of their intent
to fish in Management Area 1A and their gear type 45 days prior to the June 1
through September 30 fishing season; and
b. Adhere to the “no landing days” and “weekly
landing limits for vessels” imposed pursuant to this section.
(4) Vessels holding a federal “limited access
incidental catch herring permit” issued pursuant to 50 CFR 648.4
(a)(10)(iv)(A)(3), also known as a “Category C permit” or a federal “open
access herring permit” issued pursuant
to 50 CFR 648.4 (a)(10)(vi), also known as a “Category D permit” shall:
a. Notify the executive director of their intent
to fish in Management Area 1A with small-mesh bottom trawl gear prior to June
1; and
b. Adhere to the “no landing days” imposed
pursuant to this section.
(5) The imposition of “no landing days” and
“weekly landing limit” controls shall be announced via notice by the executive
director.
(6) Carrier vessels, defined as a vessel that has received herring from
another vessel and will not report that catch as its own on its Federal Vessel
Trip Report, may not land sea herring caught from Herring
Management Area 1A.
Source. #1878, eff 12-4-81; ss by #2839, eff 8-31-84;
ss by #4868, eff 7-20-90; amd by #5691, eff 9-16-93;
ss by #6176, eff 1-27-96; ss by #6440, eff 1-20-97; amd
by #6584, eff 9-19-97; rpld (e) by #6602, eff
10-15-97; ss by #6733, eff 4-21-98; amd by #6856, eff
9-24-98; ss by #7215, eff 3-16-00; ss by #7346, eff 8-17-00; amd by #7464, eff 3-23-01; ss by #7702, EXEMPT, eff 6-6-02;
ss by #7914, EXEMPT, eff 6-30-03; amd by #8088,
EXEMPT, eff 5-24-04; ss by #8303, EXEMPT, eff 4-1-05; ss by #8818, EXEMPT, eff
2-1-07; amd by #9138, EXEMPT, eff 4-23-08; ss by
#9468, EXEMPT, eff 5-12-09; amd by #10266, EXEMPT,
eff 1-29-13; ss by #10460, EXEMPT, eff 1-1-14; ss by #11109, EXEMPT, eff
5-27-16; ss by #12195, EXEMPT, eff 5-31-17; ss by #12843, EXEMPT, eff 8-8-19
(a) No person shall take, possess, or transport
striped bass unless the fish is at least 28 inches in total length and less
than 31 inches in total length. Striped bass shall have head and tail intact
while on or leaving the waters or shores of the state except as follows:
(1)
A person may possess up to 2 striped
bass fillets so long as they also possess the fish rack that the fillets came
from with the head and tail intact and the rack measures at least 28 inches in
total length;
(2)
Any striped bass fillet shall have the skin still attached for the
purpose of identification of the fillet as striped bass.
(b) No person shall possess more than the daily
creel limit of 1 fish.
(c) There shall be no closed season for the
taking of striped bass.
(d) The sale of striped bass shall be prohibited
regardless of origin.
(e) The taking of striped bass shall be
prohibited by netting in any form except that striped bass may be landed by the
use of a hand held dip net.
(f) The taking of striped bass by gaffing shall
be prohibited.
(g) No person shall cull any striped bass taken
from or while on the waters under the jurisdiction of the state.
(h) Any person taking striped bass with bait from
the waters of the state by angling shall only use corrodible non-offset circle
hooks, meaning a hook where the point and barb are turned perpendicularly back
to the shank to form a circular shape. When
such a hook is laid on a flat surface, all parts of the hook lie flat on the
surface.
Source. #1878, eff 12-4-81; ss by #2717, eff 5-18-84;
ss by #2717, eff 5-18-84; ss by #3083, eff 7-31-85; amd
by #4170, eff 11-26-86; amd by #4460, eff 7-29-88; ss
by #4604, eff4-26-89; ss by #4822, eff 6-1-90; ss by #6036, eff 5-17-95; ss by
#6443, eff 5-15-97; ss by #6766, eff 6-4-98; amd by
#7503, eff 6-16-01; ss by #7877, eff 5-1-03; ss by #9919, EXEMPT, eff 4-29-11;
ss by #10719, EXEMPT, eff 1-1-15; ss by #12655, EXEMPT, eff 11-1-18; ss by
#12984, EXEMPT, eff 1-29-20; ss by #13109, EXEMPT, eff 9-23-20; ss by #13649,
EXEMPT, eff 5-26-23
Fis
603.09 Groundfish Restrictions.
(a) For the purposes of this section,
“recreational fishing” means the taking of fish by angling and spearfishing for
personal use only and which are not sold.
(b) No person shall take or possess fish, except
by recreational fishing as specified in (c), less than:
Table 603.01 Commercial Size Limits
Fish Species |
Minimum Total Length Limit |
Atlantic cod |
19 inches |
Haddock |
16 inches |
Pollock |
19 inches |
Winter flounder |
12 inches |
Witch flounder |
13 inches |
Yellowtail flounder |
12 inches |
American plaice |
12 inches |
Redfish |
7 inches |
Atlantic halibut |
41 inches |
(c) No person shall take or possess fish by
recreational fishing less than the minimum total lengths specified in Table
603.02:
Table 603.02 Recreational Size
Limits
Fish Species |
Minimum Total Length Limit |
|
|
22 inches |
|
Haddock – Private recreational |
17 inches |
|
Haddock – Charter or party |
18 inches |
|
Pollock |
no minimum length |
|
Winter flounder |
12 inches |
|
Yellowtail flounder |
13 inches |
|
American plaice |
14 inches |
|
Summer flounder |
15 inches |
|
Redfish |
9 inches |
|
Atlantic halibut |
41 inches |
(d) Summer flounder shall only be taken by
recreational fishing.
(e) Fillets of all groundfish species that are
skinned shall retain at least 2 square inches of contiguous skin intact that
enable the identification of fish species.
(f) Cod shall have head and tail intact or as
fillets no less than 14 inches in length while on or leaving the waters of the
state.
(g) Haddock shall have head and tail intact or as
fillets no less than 10 inches in length while on or leaving the waters of the
state.
(h) From April 1 through June 30, cod, haddock,
and winter flounder shall not be taken for the purpose of sale.
(i) The waters of the state that are included in
the Gulf of Maine Cod Spawning Protection Area described in 50 CFR 648.81 (o)
(1) shall be:
(1) Closed to all fishing from
April 1 through June 30, except by:
a. Fishing with a line in hand or rod in
hand with gear that has no more than one ounce of artificial weight, a single
artificial lure weighing one ounce or less; and
b. Commercial vessels using gear described in 50 CFR 648.2; and
(2) Closed to the taking and possession of groundfish, as defined in Fis 601.08,
from April 1 through June 30 except possession shall be permitted only if
transiting the area with groundfish caught outside the Gulf of Maine Cod
Spawning Protection Area and provided:
a. Commercial vessels have gear stowed in accordance with the provisions of 50 CFR 648.23
(b); and
b. Private recreational or
charter/party vessels that have all bait and hooks removed from fishing rods or
handlines and the groundfish species on board have been gutted.
(j) The recreational fishing daily limit for
Atlantic cod shall be no more than one Atlantic cod.
(k) The recreational fishing daily limit for
winter flounder shall be no more than 8 winter flounder.
(l) Persons only licensed to commercially take
finfish under RSA 211:49-a and RSA 211:49-b shall be restricted to daily limits
per vessel in accordance with the weight limits for federally permitted,
limited access vessels pursuant to 50 CFR §648.87 (c)(2)(ii)(A) for sector
vessels or 50 CFR §648.86 for common pool vessels and non-federally permitted
vessels in state waters.
(m) Commercial vessels that have not been
assigned a federal groundfish permit may possess a maximum of 500 lbs. of
winter flounder per vessel.
(n) The possession limit for Atlantic halibut on
all vessels shall be no more than one fish per trip.
(o) Atlantic halibut shall have head and tail
intact while on or leaving the waters of the state.
(p) No person shall take or possess Atlantic
wolffish, windowpane flounder, and
ocean pout.
(q) From March 1 through March 31, no person
shall take or possess haddock by recreational fishing.
(r) The recreational fishing daily limit for
haddock shall be no more than 15 haddock for charter or party vessels and 10
haddock for private recreational boats.
(s) The open seasons for taking Atlantic cod
shall be:
(1) For private recreational
boats, September 1 through October 31.
(2) For charter or party
vessels, September 1 through October 31.
Source. #2030, eff 6-l-82; ss by #2839, eff 8-31-84;
ss by #4395, eff 4-18-88; ss by #4604, eff 4-26-89; ss by #5412, eff 6-19-92; amd by #5521, eff 12-3-92; ss by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; ss by #6176, eff 1-27-96; ss by
#6712, eff 3-11-98; amd by #6916, eff 12-22-98; amd by #7002, eff 5-25-99; amd by
#7213, eff 3-16-00; ss by #7715, INTERIM, eff 6-21-02, EXPIRES: 12-19-02; ss by
#7753, eff 8-19-02; ss by #7965, eff 9-24-03; ss by #8087, eff 5-27-04; ss by
#8302, eff 4-1-05; amd by #8343, EXEMPT, eff 7-1-05;
ss by #8793, eff 1-9-07; amd by #9056, eff 1-2-08; amd by #9425, eff 3-17-09; amd by
#9493, eff 6-25-09; ss by 9610, EXEMPT, eff 1-1-10; ss by #9805, eff 10-26-10;
ss by #10095, eff 2-29-12; amd by #10119, INTERIM,
eff 5-1-12, EXPIRES: 10-29-12; amd by #10162, eff
7-24-12; amd by #10266, EXEMPT, eff 1-29-13; amd by #10365, INTERIM, eff 7-1-13, EXPIRES: 12-30-13; ss
by #10477, eff 11-28-13; ss by #10733, eff 1-1-15; ss by #10822, EMERGENCY
RULE, eff 4-28-15, EXPIRES: 10-25-15; ss by #10835, eff 5-21-15; amd by #10970 eff 11-9-15; ss by
#11079, eff 4-22-14; ss by #12368, eff 8-22-17; ss by #12853, EXEMPT, eff
8-20-19; ss by #13110, EXEMPT, eff 9-23-20; ss by #13434, EXEMPT, eff 8-11-22;
ss by #13721, EXEMPT, eff 8-14-23; ss by #13793, EXEMPT, eff 10-25-23
Fis
603.10 Bluefin Tuna. - REPEALED
Source. #2105, eff 8-1-82; rpld
by #2457, eff 8-28-83
Fis 603.11 American Eels.
(a)
No person shall take or possess American eels (Anquilla rostrata) less than 9 inches.
(b)
No person shall take American eels, other than by angling, without
obtaining the permit specified in Fis 609.01.
(c)
No recreational anglers shall possess more than 25 American eels for
bait purposes. For purposes of this paragraph, recreational angler shall
include other persons such as crew members involved in charter employment or in
a fishing party.
(d)
No person shall take American eels (Anguilla
rostrata) with a pot or trap that has a mesh size less than ½ inches
throughout the pot or trap.
Source. #2741, eff 6-13-84; ss by #4604, eff 4-26-89;
amd #5412, eff 6-19-92; amd
by #5521, eff 12-3-92; ss by #5789, eff 2-18-94; ss by #6176, eff 1-27-96; amd by #6916, eff 12-22-98; ss by #7215, eff 3-16-00; ss by
#7371, eff 10-7-00; ss by #9216, INTERIM, eff 7-24-08, EXPIRES: 1-20-09; ss by
#9286, EXEMPT, eff 9-29-08; ss by #10460, EXEMPT, eff 1-1-14; ss by #12655,
EXEMPT, eff 11-1-18
Fis 603.12 Sturgeon. No person shall take or possess any sturgeon
(Acipenseridae).
Source. #2741, eff 6-13-84; ss by #4865, eff 7-17-90;
rpld by #6176, eff 1-27-96; ss by #7371, eff 10-7-00;
ss by
#9216, INTERIM, eff 7-24-08, EXPIRES: 1-20-09; ss by #9286, EXEMPT, eff 9-29-08
Fis 603.13 Billfish - Blue Marlin, White Marlin,
Sailfish and Longbill Spearfish.
(a)
No person shall take or possess blue or white marlin, sailfish and longbill spearfish except by angling.
(b) The minimum sizes shall be 99 inches for blue
marlin, 66 inches for white marlin and 57 inches for sailfish. The lengths shall be measured from the tip of
the lower jaw to the fork of the tail.
(c) The sale of blue or white marlin, sailfish
and longbill spearfish shall be prohibited.
(d) Possession shall be limited to one billfish
per trip.
(e) For the purpose of this section, fish taken
by angling shall be for personal use only, and not to be sold, and
"angling" shall be defined as in RSA 207:1, I, except that more than
one hook may be attached to a line.
Source. #4604, eff 4-26-89; ss by #5789, eff 2-18-94,
EXPIRED: 2-18-00
New. #7215, eff 3-16-00, EXPIRED: 3-16-08
New. #9216, INTERIM, eff 7-24-08, EXPIRES: 1-20-09;
ss by #9286, EXEMPT, eff 9-29-08
Fis
603.14 Red Drum.
(a) No person shall take or possess red drum (Sciaenops ocellata) less than 20 inches
total length or more than 27 inches total length.
(b) Possession shall be limited to 5 fish per
day.
Source. #4743, eff 1-24-90; ss by #5412, eff 6-19-92,
EXPIRED: 6-19-98
New. #6916, eff 12-22-98; ss by #8088, EXEMPT, eff
5-24-04
(a) No person shall take by angling from the
waters of the state, or possess while on or leaving the waters of the state,
more than 3 bluefish in one day, provided that a person angling from a licensed
saltwater for hire vessel may take or possess 5 bluefish per day.
(b) From October 1 through June 30 no person
shall take by any method from the waters of the state, or possess while on or
leaving the waters of the state, bluefish for the purpose of sale.
(c) Any
person taking bluefish with bait from the waters of the state by angling shall
only use corrodible non-offset circle hooks, meaning a hook where
the point and barb are turned perpendicularly back to the shank to form a
circular shape. When such a hook is laid on a flat surface, all parts of the
hook lie flat on the surface.
Source.
#4770, eff 2-27-90; ss by #5789, eff 2-18-94; ss by #6916, eff 12-22-98;
ss by #8303, EXEMPT, eff 4-1-05; ss by #12984, EXEMPT, eff 1-29-20; ss by
#13109, EXEMPT, eff 9-23-20
Fis
603.16 Weakfish.
(a) No person shall take or possess weakfish (Cynoscion regalis) less than 16 inches total
length.
(b) No person shall possess more than 10 weakfish
per day.
Source. #5521, eff 12-3-92; ss by #5789, eff 2-18-94,
EXPIRED: 2-18-00
New. #7215, eff 3-16-00; ss by #8088, EXEMPT, eff
5-24-04
Fis 603.17 Sea Urchins.
(a)
No person shall take or possess sea urchins, Strongylocentrotus droebachiensis,
having shells less than 2 inches in the longest diameter, exclusive
of spines, to an amount of more than 5 percent of any bulk pile.
(b)
The 5 percent tolerance shall be determined by numerical count of not
less than one peck nor more than 3 pecks taken at random from various parts of
the bulk pile or by the entire pile if it is less than one peck. Sea urchins not meeting
this requirement shall be culled immediately after capture and returned
immediately to the sea.
(c)
Sea
urchins shall only be taken as follows:
(1) By hand or by pot from October 1 through
March 15; or
(2) By a single sled from December 15 through
March 15 as follows:
a. The effective fishing width of the sled shall
be 48 inches or less;
b. The sled shall consist of a metal frame, 4
feet wide or less, followed by a checkerboard sweep either of twine or 1/4
inch chain;
c. The sweep shall be 36 inches or less in
length with a maximum of 7 inch mesh, followed by a twine bag;
d. A tow bar shall be welded to the front of the
frame with straps spaced to act as runners; and
e. The sled shall not be used in the following
waters:
1. The Great Bay estuarine system inland of the Memorial
Bridge in Portsmouth;
2. Little Harbor and its tributaries inland of
its most seawar
jetty;
3. Rye Harbor and its tributaries
inland of its most seaward jetty; and
4. Inland of the Hampton Harbor Bridge; and
(3) No possession of other marine species
including lobsters, finfish, or shellfish shall be allowed.
(d)
No person shall
take or possess sea urchins from March 16 to September 30.
Source. #5736, eff 11-23-93; ss by #5789, eff
2-18-94; amd by #6176, eff 1-27-96; ss by #6443, eff
5-15-97; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff
7-1-22
Fis
603.18 Goosefish.
(a)
No person shall take or possess goosefish (Lophius americanus) less than 17 inches total
length or goosefish tails less than 11 inches as measured from the anterior
portion of the fourth cephalic dorsal spine to the end of the caudal fin.
(b)
Goosefish livers landed shall not exceed 25% of the total weight of
goosefish tails or 10% of the total weight of whole goosefish on any trip. If a vessel lands both goosefish tails and
whole goosefish the following weight ratio shall not be greater than 10%.
(c)
To calculate the weight ratio for goose liver to both goosefish tails
and whole goosefish, a person shall multiply the weight of goosefish tails by
2.57 and add the product to the weight of whole goosefish, then divide this
number into the weight of the goosefish livers as in the formula: Weight of
livers/((weight of tails X 2.57) + weight of whole fish).
Source. #5789, eff 2-18-94, EXPIRED: 2-18-00
New. #7371, eff 10-7-00; ss by #9216, INTERIM,
eff 7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16
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.
(c)
The open season for taking dogfish in state waters shall be July 1
through April 30. The executive director may revise the opening of the season
by up to 2 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 per calendar day based 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 consistent with the minimum data requirements of the
Standard Atlantic Fisheries Information System (SAFIS):
(1) Name of processor, primary dealer, or
properly licensed person;
(2) The dealer’s or processor’s
wholesale marine species or commercial saltwater license number;
(3) Week of reporting period;
(4) Commercial harvester’s trip start date;
(5) Vessel name;
(6) State of vessel registration and number or
coast guard number;
(7) Commercial harvester’s first name, last name,
date of birth, and license number;
(8) Number of trips for commercial harvester per
day;
(9) Species purchased;
(10) Number or pounds of species purchased;
(11) Disposition of species purchased;
(12) Ex-vessel value or price of purchased
species;
(13) Port, county and state where species were
landed;
(14) Date species unloaded from commercial
harvester’s vessel;
(15) Grade and market size of purchased species;
(16) Gear used to harvest species; and
(17)
Dated signature of dealer or processor, signed subject to the penalties
for unsworn false statements under RSA
641:3.
(g)
The reporting week shall be Sunday through Saturday. Reports shall be
received by Tuesday of the following week.
Source. #7428, eff 1-20-01; ss by #7883, EXEMPT, eff 5-1-03;
ss by #7914, EXEMPT, eff 6-30-03; ss by #7930, EXEMPT, eff 8-5-03; ss by #8088,
EXEMPT, eff 5-24-04; ss by #8303, EXEMPT, eff 4-1-05; ss by #10266, EXEMPT, eff
1-29-13; ss by #10460, EXEMPT, eff 1-1-14; ss by #13637, EXEMPT, eff 5-17-23
(a) No person shall take, land or possess the
following species of sharks in state waters:
(1) Atlantic angel (Squatina dumeril;
(2) Basking (Cetorhinus maximus);
(3) Bigeye sand tiger (Odontaspis noronhai);
(4) Bigeye sixgill (Hexanchus nakamurai);
(5) Bigeye thresher (Alopias superciliosus);
(6) Bignose (Carcharhinus altimus);
(7) Bluntnose sixgill (Hexanchus griseus);
(8) Caribbean sharpnose
(Rhizoprionodon porosus);
(9) Dusky (Carcharhinus
obscurus);
(10) Galapagos (Carcharhinus galapagensis);
(11) Longfin mako (Isurus paucus);
(12) Narrowtooth (Carcharhinus brachyurus);
(13) Night (Carcharhinus
signatus);
(14) Reef (Carcharhinus
perezii);
(15) Sand tiger (Carcharias taurus);
(16) Sharpnose sevengill (Heptranchias perlo);
(17) Smalltail (Carcharhinus porosus);
(18) Whale (Rhincodon
typus);
(19) White (Carcharodon
carcharias);
(20) Atlantic shortfin mako (Isurus
oxyrinchus)
(b) Dealers licensed under RSA 211:49-aa or RSA
211:49-c who purchase any of the following species of coastal sharks shall
first obtain a federal dealer permit:
(1) Atlantic sharpnose
(Rhizoprionodon terraenovae);
(2) Blacknose (Carcharhinus acronotus);
(3) Blacktip (Carcharhinus
limbatus);
(4) Blue (Prionace
glauca).
(5) Bonnethead (Sphyrna tiburo);
(6) Bull (Carcharhinus
leucas);
(7)
Common thresher (Alopias vulpine);
(8) Finetooth (Carcharhinus isodon);
(9) Great hammerhead (Sphyrna mokarran);
(10) Lemon (Negaprion brevirostris);
(11) North Atlantic Shortfin mako (Isurus oxyrinchus);
(12) Nurse (Ginglymostoma cirratum);
(13) Oceanic whitetip (Carcharhinus longimanus);
(14) Porbeagle (Lamna nasus);
(15) Scalloped hammerhead (Sphyrna lewini);
(16) Smooth Dogfish (Mustelus canis);
(17) Smooth hammerhead (Sphyrna zygaena);
(18) Spinner (Carcharhinus
brevipinna); or
(19) Tiger (Galeocerdo cuvier);
(c) For the purpose of this section, “recreational
fishing” means the taking of fish by angling and spearfishing for personal use
only and which are not sold, traded, or bartered.
(d) For the purpose of this section, “fork
length” means “fork length” as defined in 50 C.F.R Section 635.2, namely the straightline measurement of a fish from the midpoint of the
anterior edge of the fish to the fork of the caudal fin. The measurement is not
made along the curve of the body.
(e) Porbeagle shark (Lamna nasus) shall only be taken by recreational fishing from state
waters.
(f) The head, fins, and tail of all shark species
shall remain attached to the carcass through landing.
(g) Persons recreational fishing via angling for
sharks with bait must only use non-offset, corrodible circle hooks.
Source. #9610, EXEMPT,
eff 1-1-10; ss by #12655, EXEMPT, eff 11-1-18; ss by #12843, EXEMPT, eff 8-8-19;
ss by #13637, EXEMPT, eff 5-17-23
(a) No person shall take, land, possess, or
transfer possession of Atlantic menhaden (Brevortia tyrannus) while on or leaving the waters
under the jurisdiction of the state except in accordance with the licensing and
permit requirements of this section.
(b) For the purpose of this section,
"non-directed gear" means a pound net, anchored or stake gillnet,
drift gill net, fishing weir, fyke net, trammel net, or floating fish trap.
(c) For the purpose of this section,
"small-scale gear" means a cast net, trap other than a floating fish
trap, pot, haul seine as defined in Fis 602.05, hook and line, and hand line.
(d) For purposes of this section, “land” means to
transfer or attempt to transfer the catch of fish from any vessel to any other
vessel or onto any land, pier, wharf, dock, or other artificial structure.
(e) For the purpose of this section, a “menhaden
dealer” is:
(1)
Any person or business who:
a.
Is a New Hampshire licensed wholesale marine species dealer, pursuant to
RSA 211:49-aa or 211:49-c; and
b.
As first point of contact, purchases, ships, cosigns, transfers,
transports, barters, accepts or packs Atlantic menhaden directly from a
commercial harvester for resale; or
(2)
Any person or business who:
a.
Has applied for and received a New Hampshire commercial saltwater
license, pursuant to 211:49-a or 211:49-b;
b.
Has notified the department in writing of an intent to sell Atlantic
menhaden taken under the license as a New Hampshire menhaden dealer; and
c.
Harvests, and then sells, ships, consigns, transfers or barters their
own catch of Atlantic menhaden to any other person or business.
(f) Any person who possesses a recreational
saltwater license pursuant to RSA 214:9, XVI, may take, land and possess any
quantity of Atlantic menhaden by rod and reel with hook and line or hand line
for personal use as bait for angling purposes, and not for the purpose of sale.
(g) Any person who possesses a lobster license
pursuant to RSA 211:18 may possess any quantity of Atlantic menhaden while in
the normal conduct of tending lobster and crab pots.
(h) A holder of a commercial saltwater license
engaged in the take of Atlantic menhaden for the
purpose of sale shall be subject to the following requirements and
restrictions:
(1)
The licensee shall obtain a harvest permit in accordance with Fis
609.01;
(2)
The licensee shall report all harvest information to the department in
accordance with Fis 608.02;
(3)
No licensee shall transfer any portion of a catch of Atlantic menhaden
while at sea;
(4)
No licensee shall receive Atlantic menhaden from a harvester vessel
while at sea;
(5)
No licensee shall sell, ship, cosign, transfer or barter their own catch
of Atlantic menhaden to any person other than an end user or another menhaden
dealer;
(6)
A licensee must report any entanglement of gear used to take Atlantic
menhaden with other gear types or marine mammals or any release of Atlantic
menhaden from a purse seine to Fish and Game Department dispatch at 271-3361
within 12 hours of the interaction; and
(7)
Fishing gear used in the taking of Atlantic menhaden may only be fished
between sunrise and one hour after sunset;
(8)
No licensee shall land Atlantic menhaden between January 1 and June 14
except those using non-directed or small-scale gear. Licensees using non-directed or small-scale
gear may take, land, and possess a maximum of 6,000 pounds per day of Atlantic
menhaden.
(i) No licensee shall
deploy a gill net seeking the take of Atlantic menhaden in state waters except
in accordance with the following restrictions:
(1)
The waters of the Great Bay estuarine system inland of the Memorial
Bridge in Portsmouth, Little Harbor and its tributaries inland of its most
seaward jetty, Rye Harbor and its tributaries inland of its most seaward jetty,
and inland of the Hampton Harbor Bridge shall be subject to the restrictions
contained in Fis 602.06(e);
(2)
Each gill net shall have a high flier buoy or an A-2 or larger orange
Gloucester buoy, marked with the name of the licensee, at each end of the net;
(3)
Each gill net shall at all times have an identification tag with the
licensee’s name attached to the head rope at the junction with the vertical
line at one end of the net;
(4)
No gill net shall have a mesh size larger than 4 inches;
(5)
No gill net shall be longer than 300 feet, or have a depth of more than
20 feet;
(6)
No more than 2 gill nets shall be deployed by a licensee at any one time
in state waters;
(7)
The 2 gill nets of a licensee shall be either fished separately or tied
together so long as the total length of the nets tied together does not exceed
600 feet;
(8)
Each sink gill net shall be deployed at a location that is within the
unaided eyesight of the licensee. Unaided eyesight means unaided by devices
such as binoculars or spotting scope;
(9)
A sink gillnet shall only be weighted with a lead line for a foot rope,
and an anchor or weight at only one end of the gill net;
(10) A surface gill net shall have a headrope
sufficiently buoyant to remain exposed at the water’s surface while fishing,
and must be fished with one line attached to the vessel at all times; and
(11) All gill nets shall be in compliance with the
weak link requirements in Fis 602.09(b)(6).
(j) No licensee shall deploy a purse seine
seeking the take of Atlantic menhaden in state waters except in accordance with
the following restrictions:
(1)
For the purpose of this section, the vessel that the purse seine net is
deployed from shall be the “primary purse seine vessel”.
(2)
For the purpose of this section, the vessel that draws the purse seine
net around a school of Atlantic menhaden and returns control of the deployed
net back to the primary purse seine vessel shall be the “assisting vessel”.
(3)
No purse seine shall be larger than 600 feet wide and 48 feet deep;
(4)
Any purse seine deployed must be pursed and retrieved by hand without
the aid of hydraulic, electrical, gas or diesel powered devices;
(5)
No purse seine shall be set or retrieved in the waters landward of 72
COLREGS demarcation line, landward of the Rye harbor approach channel as
defined in RSA 211:19-a, III or landward of the outer most jetty at the Hampton
harbor entrance;
(6)
No purse seine shall be set or retrieved from a vessel that is more than
50 feet in length;
(7)
No more than one additional vessel shall assist another vessel with the
take of Atlantic menhaden with a purse seine, nor shall the assisting vessel be
more than 50 feet in length;
(8)
No purse seine shall be set or retrieved on the days of Saturday or
Sunday;
(9)
Atlantic menhaden shall not be removed from a purse seine with a power
assisted pumping device;
(10) All marine species other than Atlantic
menhaden shall be released immediately from a purse seine; and
(11) The primary purse seine vessel shall be
responsible for reporting all information required under Fis 608.02, including
any Atlantic menhaden landed by the assisting vessel.
(k) Except as provided in this section, no holder
of a commercial saltwater license or wholesale marine species license shall
take, land, or possess Atlantic menhaden for the purpose of sale while on or
leaving the waters under the jurisdiction of the state whenever the executive
director has projected that 92 percent
of the annual state quota established by the Atlantic States Marine Fisheries
Commission (ASMFC) has been taken.
(l) A closure date shall be announced via notice
by the executive director at least 2 days prior to the closure being enacted.
(m) Until the state’s Atlantic menhaden quota has
been taken and a closure date announced, any menhaden dealer shall
electronically report all menhaden landing transactions daily, providing the
following information consistent with the minimum data requirements of the
Standard Atlantic Fisheries Information System (SAFIS):
(1)
Name of dealer, or properly licensed person;
(2)
The dealer’s wholesale marine species or commercial saltwater license
number;
(3)
Week of reporting period;
(4)
Commercial harvester’s trip start date;
(5)
Vessel name;
(6)
State of vessel registration and number or coast guard number;
(7)
Commercial harvester’s first name, last name, date of birth, and license
number;
(8)
Number of trips for commercial harvester per day;
(9)
Species purchased;
(10) Pounds of species purchased;
(11) Disposition of species purchased;
(12) Ex-vessel value or price of purchased
species;
(13) Port, county and state where species were
landed;
(14) Date species unloaded from commercial
harvester’s vessel;
(15) Grade and market size of purchased species;
(16) Gear used to harvest species; and
(17) Dated signature of the dealer, signed subject
to the penalties for unsworn false statements under RSA 641:3.
(n) Once the state Atlantic menhaden quota has
been taken and a closure date announced, all menhaden dealers shall
electronically report all Atlantic menhaden landing transactions on a weekly
basis with the information defined in Fis 603.21(k). The reporting week shall
be Sunday through Saturday.
(o) Notwithstanding the above restrictions and
requirements, any holder of a commercial salt water license or harvest permit
may take, land and possess up to a maximum of 6,000 pounds per day of Atlantic
menhaden during a closure period provided that:
(1)
The fish have been taken by non-directed or small-scale gears;
(2)
No licensee shall land Atlantic menhaden more than once per calendar
day.
Source. #10375,
EXEMPT, eff 7-17-13; ss by #12540, EXEMPT, eff 5-31-18; ss by #12754, EXEMPT,
eff 4-10-19; ss by #13643, EXEMPT, eff 5-22-23
Fis 603.22 Black Sea Bass.
(a)
For the purpose of this section, “recreational fishing” means the taking
of fish by angling or spearfishing for personal use only and which are not
sold, traded, or bartered.
(b)
No person shall take or possess black sea bass (Centropristis striata) by recreational fishing less than 16.5 inches total length not including
the filament/tail extension.
(c)
The recreational fishing daily limit for black sea bass (Centropristis striata) shall be no more
than 4 black sea bass per day.
(d)
Persons licensed to commercially take finfish under RSA 211:49-a and RSA
211:49-b shall not take or possess black sea bass (Centropristis striata) except as follows:
(1)
The minimum size of each fish taken shall be 11 inches total length not
including the filament/tail
extension;
(2) If a pot or trap is used, there shall be two
escape vents in the parlor portion of the trap, meeting these specifications:
a. If unobstructed, each escape vent or gap
shall be 2.5 inches if circular, 2 inches if square, or 1 3/8 inches by 5 ¾
inches if rectangular; or
b. If obstructed, each escape vent or gap shall
be at least 3 inches by 6 inches covered by a panel affixed with degradable
fasteners consisting of:
1. Untreated
hemp, jute, or cotton string that is 3/16 inches (4.8 mm) or smaller;
2. Magnesium
alloy timed float releases or fasteners; or
3. Ungalvanized,
uncoated iron wire that is 0.094 inches (2.4mm) or smaller.
Source. #10375, EXEMPT, eff 7-17-13; ss by #10460,
EXEMPT, eff 1-1-14; ss by #12655, EXEMPT, eff 11-1-18; ss by #13277, eff
10-19-21; ss by #13637, EXEMPT, eff 5-17-23
Fis 603.23 White Perch.
(a)
The daily limit for white perch (Morone
(b)
The sale of white perch shall be prohibited.
Source. #10709, eff 1-1-15; ss by #10970, eff 11-9-15
Fis
603.24 Possession Exceeding Daily
Limit (Recreational).
(a) Except as provided in this section, no person
shall possess, while on coastal and estuarine waters, or when leaving such
waters, more marine species than that person may lawfully take in one day.
(b) Such possession shall be prima facie evidence
that those marine species exceeding the applicable single day limit, but less
than the 2 day limit set by RSA 207:5, were unlawfully taken by the possessor.
(c) A charter boat or party boat licensed
pursuant to RSA 214:9, XVI (b) may possess up to twice the single day limit of
cod or haddock per person on the vessel if:
(1) At
least 5 working days prior to the commencement of the trip, the owner or
operator of the boat notifies in writing the New Hampshire fish and game
department’s law enforcement district six chief of the owner’s or operator’s
intent to possess up to twice the per person single day limit of cod or
haddock;
(2) The
boat is on a trip that occurs on more than one day; and
(3) The
boat’s owner or operator presents 2 day’s Vessel Trip Reports for the trip as
required under 50 C.F.R. § 648 upon landing to the executive director or his
agent.
(d) As used in this section, “day” means a
calendar day.
Source. #10710, eff 1-1-15
Fis 603.25 Bluefin Tuna
(a) For the purposes of this section, the
following terms shall have the following meanings:
(1) “Curved fork length” (CFL) means the length
of an intact fish measured from the tip of the upper jaw to the fork of the
tail along the contour of the body in a line that runs along the top of the
pectoral fin and the top of the caudal keel;
(2) “Pectoral fin curved fork length” (PFCFL)
means the length of a beheaded fish from the dorsal insertion of the pectoral
fin to the fork of the tail measured along the contour of the body in a line
that runs along the top of the pectoral fin and the top of the caudal keel; and
(3) "Recreational
fishing" means the taking of finfish by any method for personal use only
and which are not sold, traded, or bartered.
(b) No
person shall take, retain, or possess a bluefin tuna that is less than 27
inches CFL if recreational fishing, or 73 inches CFL if taken for the purpose
of sale, trade or bartering;
(c)
No
person shall take, retain or possess a bluefin tuna, with the head removed,
that is less than 20 inches PFCFL if recreational fishing, or 54 inches PFCFL
if taken for the purpose of sale, trade, or bartering.
(d)
No person shall take, retain, or possess more bluefin tuna than they are
allowed under 50 CFR §635 relative to federal permit category or seasonal
limits.
(e)
Once the vessel transporting a bluefin tuna has landed, no person shall
possess a bluefin tuna for the purpose of sale, trade, bartering, commercial
transportation, or storage without affixing a federal tuna tag to the fish.
Source. #12368, eff 8-22-17
Fis 603.26 Atlantic Mackerel.
(a) For the purposes of this section, “recreational
take” means the taking of finfish by any method for personal use only and which
are not sold, traded, or bartered.
(b) The recreational take or possession of Atlantic
mackerel (Scomber scombrus)
shall be no more than 20 per person per day.
(c)
Notwithstanding paragraph (b) above, Atlantic mackerel purchased from a
commercial dealer, with proof of purchase, do not count towards the possession
limit of 20 Atlantic mackerel per day.
Source. #13652, EXEMPT, eff 5-25-23
PART Fis
604 RESTRICTIONS ON CERTAIN BODIES OF
WATER
Fis 604.01 Berry Brook. Fishing in Berry Brook shall be permitted by
single hook artificial lures and flies only, and any fish taken by any method
shall be immediately released back into the waters from which it was taken.
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2741, eff 6-13-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96;
ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #10733, eff 1-1-15;
ss by #12489, EMERGENCY RULE, eff 3-7-18, EXPIRED: 9-3-18
New. #12652, eff 10-27-18
Fis 604.02 Winnicut
River. The Winnicut
River in Greenland from the Rte. 33 bridge to the south side of the Boston and
Maine railroad bridge over the Winnicut River shall
be subject to the following restrictions:
(a) The river shall be open to the taking of all
species of fish by angling only, except above and below the fish ladder as
provided in Fis 602.02(a)(7); and
(b) The taking of salters, as defined in Fis
603.04, shall be subject to the following:
(1) There shall be no closed season; and
(2) The daily limit of salters taken in this
portion of the Winnicut River shall not exceed 5 fish
or 5 pounds and shall be included in the freshwater brook trout limit
as described in Fis 403.11.
Source. #5789, eff 2-18-94, EXPIRED: 2-18-00
New. #7371, eff 10-7-00; ss by #9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #9744,
eff 7-1-10, EXPIRED: 7-1-18
New. #12652, eff 10-27-18
Fis
604.03
Source. #1878, eff 12-4-81; ss by #2839, eff 8-31-84;
ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04;
ss by #8344, EXEMPT, eff 5-7-05
Fis 604.04
(a)
During April, May and June the taking of river
herring in the
(1) Open to the
taking of river herring by netting of any method only on Saturdays and Mondays;
(2) The daily limit shall be one tote per person. “Tote” means a fish box or container
measuring 31.5"x 18" x 11.5"; and
(3) The tote shall have the harvester’s coastal
harvest permit number plainly visible on the outside of the tote.
Source. #8344, EXEMPT, eff 5-7-05
Fis 604.05
Source. #10094, EXEMPT, eff 2-29-12
PART Fis 605 OYSTERS
Fis 605.01 Taking of Oysters.
(a)
No person shall take oysters during the months of July and August.
(b)
Residents properly licensed under RSA 211:62-a shall be permitted to
take, between sunrise and sunset, not more than one-half bushel of unshucked oysters per day, by use of hand tongs, hand
rakes, or by hand.
(c)
Oysters shall not be taken through the ice, or in areas posted as
closed.
(d)
No person shall take or possess more than one-half bushel of unshucked oysters in one day while on, or leaving, any
waters under the jurisdiction of the state.
(e)
Oysters taken from the waters under the jurisdiction of the state shall
not be sold.
(f)
Any person taking oysters shall possess an oyster license on his person.
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; amd
by #5789, eff 2-18-94; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss
by #9056, eff 1-2-08; ss by #10970, eff 11-9-15
Fis
605.02 Identification of Oyster
Containers.
(a) Any container used in the taking of oysters,
whether on the flats, on a dock or in a boat shall be clearly identified by
marking thereon the owner's oyster license number, either by attaching a
waterproof tag containing such number to said container, or by painting such
number on the outside of the container.
(b) By applying for an oyster license, the
licensee shall be deemed to have consented to submit to department inspection
for the identifying number referred to in paragraph (a).
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96;
ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22
Fis 605.03 Restriction on Certain Taking.
(a)
No person shall transplant oysters, or take the eggs or larvae thereof,
or take metamorphosed oysters, called “set” or “spat”, without first obtaining
written permission from the director.
Applicants shall request permission in writing and shall include origin
of the oysters, the transplant site, the names of people involved, and why the
transplanting or taking of eggs, larvae or spat is necessary. Permission shall be granted if the director
determines no adverse environmental harm will occur.
(b)
Nothing in this section shall prohibit a properly licensed person who is
observing all provisions of this part, from engaging in the practice known as
cleansing.
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96;
ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22
PART Fis 606 CLAMS AND CLAM
Fis 606.01 Restrictions on Certain Clam Species.
(a) There shall be no open season for quahogs,
little necks, or cherrystone clams (Mercenaria
mercenaria).
(b) Razor clams (Ensis directus), surf clams (Spisula solidissima),
mahogany quahogs (Arctica islandica), and blue mussels (Mytilus edulis) shall be taken without a license only:
(1) By residents;
(2) For personal use; and
(3) By hand or with handheld tools.
(c)
No person shall use any dredge in the taking of surf clams, sea clams,
hen clams (Spisula solidissima), black clams, or mahogany quahogs (Arctica islandica)
that has a blade or knife which is greater than 48 inches in maximum width or a
hydraulic dredge with a blade, knife, or manifold which is greater than 48
inches in maximum width.
(d)
No person using a dredge in the taking of species listed in paragraph
(c) above shall discard shells in state waters.
Source. #745, eff 1-25-76; amd
by #1165, eff 5-18-78; amd by #1878, eff 12-4-81; amd by #2563, eff 12-27-83; ss by #2741, eff 6-13-84; ss by
#4865, eff 7-17-90; ss by #5953, eff 1-25-95; ss by #7809, eff 1-1-03; ss by
#9805, eff 10-26-10, EXPIRED: 10-26-18
New. #12652, eff 10-27-18; ss by #13723, eff
8-21-23
Fis 606.02 Taking of Mollusks.
(a)
The taking of clams (Mya arenaria)
shall only be permitted, between one-half hour before sunrise and sunset on
Saturdays, from the day after Labor Day to May 31.
(b)
Mollusks shall not be taken from areas which are unclassified,
classified as prohibited by the commissioner of the department of environmental
services, posted as closed, or marked with red stakes.
(c)
Mollusks shall not be taken by recreational harvesters from areas
classified as restricted or conditionally restricted by the commissioner of the
department of environmental services.
(d)
Commercial harvesting and marketing from restricted areas shall be
allowed under certain conditions specified in He-P 2150 of the department of
health and human services.
(e)
Clams shall be dug only with hand held tools with handle lengths not to
exceed 18 inches.
(f)
The taking of mussels in the Hampton/Seabrook estuary shall only be
permitted, between one-half hour before sunrise and sunset on Saturdays, from
the day after Labor Day to May 31.
Source. #954, eff 6-10-77; amd
by #745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; amd by #3021, eff 5-20-85; amd by
#4122, eff 8-21-86; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by
#7371, eff 10-7-00; ss by #7809, eff 1-1-03;
ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
New. #12652, eff 10-27-18
Fis 606.03 Identification of Clam Containers.
(a)
Any container used in the taking of clams, whether on the flats, on a
dock or landing, or in a boat, shall be clearly identified by marking thereon
the owner's clam license number, either by attaching a waterproof tag
containing such number to said container, or by painting such number on the
outside of said container.
(b)
By applying for a clam license, the licensee shall be deemed to have
consented to submit to department inspection for the identifying number
referred to in paragraph (a) above.
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96;
ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
New. #12652, eff 10-27-18
Fis 606.04 Possession of Clams.
(a)
No person shall possess or take, in one calendar day, more than 10
quarts liquid measure, of unshucked clams, while on
or leaving any clam flats or any waters under the jurisdiction of the state.
(b)
Possession of shucked clams, while on or leaving any clam flats or any
waters under the jurisdiction of the state, shall be prohibited.
(c)
No person shall possess any clams taken from the flats or the waters
under the jurisdiction of the state, unless they are in a container identified
as provided in Fis 606.03. The licensee
shall accompany said clams at all times while possessing and transporting them.
(d)
Any firm, corporation, or person shucking clams (Mya arenaria) in a commercial operation, or dealing with clams in a
wholesale or retail business, shall not be subject to the 10 quart possession
limit, provided the clams are possessed in full compliance with Fis 610.
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2741, eff 6-13-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96;
ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
New. #12652, eff 10-27-18
Fis 606.05 Sale of Clams Restricted.
(a)
Clams (Mya arenaria) taken or
possessed under Fis 606 shall not be bought, sold, offered for sale,
exchanged, or traded.
(b)
No person shall possess quahogs, littlenecks, or cherrystones (Mercenaria mercenaria) less than one
inch in shell thickness.
(c)
Clams (Mya arenaria) less than
two inches in length shall have been taken in compliance with the laws and
rules of the state of origin.
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; ss by #3021, eff 5-20-85; ss by #4868, eff 7-20-90;
ss by #6291, eff 7-20-96; ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
New. #12652, eff 10-27-18
Fis 606.06 Clam Worms.
(a)
Residents shall be permitted to take clam worms as provided in RSA
211:64-b.
(b)
Properly licensed diggers shall be permitted to take clam worms for sale
or use, except in areas posted as closed to all digging.
(c)
There shall be no limits on size or quantity of worms taken under
paragraph (b) above.
(d)
Clam worms shall be dug only with hand held tools with handle lengths
not to exceed 18 inches.
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96;
ss by #7809, eff 1-1-03; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12;
ss by #12652, eff 10-27-18
Fis 606.07 Display of Clam Licenses. Clam licensees shall wear said licenses in
plain view, either on the cap or hat, or on the front of the outer garment,
while engaged in taking clams.
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96;
ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
New. #12652, eff 10-27-18
PART Fis 607 RULES FOR CERTAIN SHELLFISH SPECIES
REVISION NOTE:
The
following documents readopted with amendments Fis 607.01. Each document supersedes the one filed before
it. These documents are exempt from the
requirements of RSA 541-A pursuant to RSA 209:6-b. Therefore the rule in the last document has
no expiration date but remains in effect unless repealed or superseded by a
later filing.
#5290, eff 12-20-91 |
#5928, eff 11-28-94 |
#5520, eff, 12-3-92 |
#6135, eff 11-29-95 |
#5746, eff 11-22-93 |
|
Fis
607.01 Northern Shrimp.
(a) No person shall fish for, take, land,
transport, or have in possession any northern shrimp (Pandalus borealis) while on or leaving the waters of the state.
(b)
Nothing in this section shall be construed to restrict the possession of shrimp
for use as bait on vessels not equipped with an otter trawl.
Source. #1709, eff 1-12-81; #1881, eff 12-7-81,
#1535, eff 2-20-80; #745, eff 1-25-76; amd by #1881,
eff 12-7-81; ss by #2323, eff 3-21-83; ss by #2839, eff 8-31-84; ss by #2928,
eff 12-20-84; amd by #3162, eff 12-23-85; amd by #4034, eff 4-1-86; ss by #4171, eff 11-26-86; ss by
#4339, eff 11-19-87; ss by #4587, eff 3-22-89; amd by
#4744, eff 1-24-90; ss by #5035, eff 12-27-90; ss by #5290, eff 12-20-91; ss by
#5520, eff 12-3-92; ss by #5746, eff 11-22-93; (See Revision Note at part
heading for Fis 607) #5928, EXEMPT, eff 11-28-94; ss by #6135, EXEMPT, eff
11-29-95; ss by #6395, EXEMPT, eff 11-7-96; ss by #6638, EXEMPT, eff 12-1-97;
ss by #6912, EXEMPT, eff 12-2-98; ss by #7147, EXEMPT, eff 12-6-99; ss by
#7414, EXEMPT, eff 12-6-00; ss by #7629, EXEMPT, eff 1-22-02; ss by #7819,
EXEMPT, eff 12-2-02; ss by #8025, EXEMPT, eff 1-5-04; amd
by #8088, EXEMPT, eff 5-24-04; ss by #8228, EXEMPT, eff 12-6-04; amd by #8503, EXEMPT, eff 12-3-05; ss by #8768, EXEMPT, eff
11-30-06; amd by #9036, EXEMPT, eff 11-27-07; ss by
#9321, EXEMPT, eff 11-19-08; amd by #9597, EXEMPT,
eff 11-19-09; amd by #9704, EXEMPT, eff 5-1-10; ss by
#9828, EXEMPT, eff 12-1-10; amd by #9874, EXEMPT, eff
2-24-11; ss by #10063, EXEMPT, eff 12-28-11; ss by #10255, EXEMPT, eff 1-23-13;
amd by #10271, EXEMPT, eff 2-11-13; ss by #10286,
EXEMPT, eff 3-12-13; ss by #10497, EXEMPT, eff 1-1-14
Fis 607.02 Sea Scallops.
(a) For
the purpose of this section, the following definitions shall apply:
(1) “Chafing
gear” means steel, rubberized, or other types of donut rings, disks,
washers, twine, or other material attached to or between the steel rings of a
sea scallop drag or dredge. The term includes “cookies”;
(2) “Sweep
chain” means a chain extending, usually in an arc, from one end of a
scallop dredge frame to the other to which the ring bag, including the
diamonds, is attached. The sweep forms the edge of the opening of the dredge
bag; and
(3) “Club
stick” means a ridged bar at the terminus of a scallop dredge attached to
the rings.
(b) Taking
of sea scallops (Placopecten magellanicus) from the waters under the jurisdiction of
the state shall be prohibited from April 15 to October 31 by hand and from
April 15 to November 30 by dredge.
(c) Scallops
shall only be taken by hand or by dredge.
(d) The
scallop dredge shall:
(1) Be
no larger than 4 feet wide;
(2) Have
a dredge ring size of 4 inches inside diameter;
(3) Have
a minimum mesh size of 10 inches;
(4) Have
no obstructions or liners attached; and
(5) Have
no chafing gear or cookies on the top of the dredge.
(e) Any
chafing gear located on the bottom of the dredge shall be halfway between the
sweep chain and club stick and no larger than two rows of non-overlapping steel
rings. The chafing gear may follow the contour arc of the sweep
chain.
(f) No
possession of other marine species including lobsters, finfish, or shellfish
shall be allowed while taking scallops by dredge, except surf clams and
mahogany quahogs in accordance with Fis 606.01.
(g) Only
one dredge shall be used to take scallops.
(h) The
minimum shell height for Atlantic sea scallops shall be 3 1/2 inches. There
shall be no tolerance for the shell height and scallops shall be landed in the
shell when taken by hand.
(i) No person shall take or possess from the
waters under the jurisdiction of the state more than:
(1) 75
pounds of shucked scallop meats per day; or
(2) 625
pounds of scallops in the shell.
(j) Scallops
taken in accordance with 50 CFR 648 and taken from outside the jurisdiction of
the state may be landed or transported in New Hampshire.
Source. #1041, eff 10-15-77; ss by #2263, eff 1-7-83;
amd by #2365, eff 5-17-83; ss by #2839, eff 8-31-84;
ss by #4868, eff 7-20-90; ss by #5953, eff 1-25-95; amd
by #6916, eff 12-22-98; ss by #8087, eff 5-27-04; ss by #8302, eff 4-1-05; ss by #9299, eff
10-22-08; ss by #10265, eff 1-29-13; ss by #10478, eff 1-1-14; ss by #13830,
eff 12-28-23
Fis
607.03 Taking Shellfish for Scientific
Purposes. RESERVED
Source. #745, eff 1-25-76; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; rpld by #4604, eff 4-26-89
Fis 607.04 Waved Whelk, Buccinmum
undatum,
and Stimpson's Whelk, Colus stimpsoni.
(a)
Persons taking whelks for purposes of sale shall be subject to the
following:
(1) One pot, trap, or other
contrivance for taking or holding whelks shall be fished on a single line and buoy;
(2) When pots, traps, or other contrivances are
set on trawls, buoys plainly marked shall be set on both ends of
the trawl;
(3) Each buoy and trap shall be permanently
marked with the letter "W" and the first initial and complete last
name of the licensee;
(4) No person shall raise, haul, or transfer any
whelk trap from any coastal waters from sunset to one hour before sunrise; and
(5) No person shall possess any whelk with an
overall shell length of less than 2.5 inches.
(b)
The provisions of (a)(3),above, shall not apply to the by-catch of
whelks taken from lobster traps by licensed lobster fishermen.
(c)
Persons taking whelks for personal use and not for sale shall be subject
to the following:
(1) Only residents shall take whelks;
(2) Persons shall take no more than 5 whelks per day;
and
(3) The minimum shell height for whelks shall be 2.5 inches.
Source. #6443, eff 5-15-97; ss by #8087, eff 5-27-04;
ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22
Fis 607.05 Horseshoe Crab (Limulus polyphemus).
(a)
No person shall take or possess more than 10 horseshoe crabs per day.
(b)
Any person taking horseshoe crabs shall obtain a permit described in Fis
609.01.
Source. #6443, eff 5-15-97; ss by #7215, eff 3-16-00,
EXPIRED: 3-16-08
New. #9216, INTERIM, eff 7-24-08, EXPIRES:
1-20-09; ss by #9286, EXEMPT, eff 9-29-08
Fis 607.06 Jonah Crab (Cancer borealis) and Rock Crab (Cancer
irroratus).
(a)
No person shall take Jonah or rock crabs from any water under the
jurisdiction of this state without first procuring a valid and proper license pursuant
to RSA 211:18, except that any person may take 12 crabs a day by angling,
diving, or by hand without a license pursuant to RSA 211:18-c.
(b)
Any person licensed to take Jonah or rock crabs for the purpose of sale
pursuant to RSA 211:18, III (b), (c), or (d) may only use traps as provided by
Fis 602.10.
(c)
No person shall remove spawn from any female Jonah or rock crab and no
person shall take, possess, sell, or offer for sale any female Jonah or rock
crab carrying spawn or any crab spawn.
(d)
No person taking crabs for personal use, and not for the purpose of
sale, shall take or possess more than 50 whole Jonah or rock crabs daily. This
50 crab limit shall be for Jonah and rock crabs combined.
(e)
No person shall remove Jonah or rock crab claws prior to landing. Only whole crabs shall be retained and sold.
(f)
The minimum carapace width for Jonah crab shall be 4 ¾ inches (120.6 mm)
measured in a straight line through the widest part of the shell, for any crab
taken or possessed by any individual holding any of the following commercial
licenses:
(1) A commercial lobster and crab license
pursuant to RSA 211:18;
(2) A commercial saltwater license pursuant to
RSA 211:49-a and b;
(3) A lobster and crab landing license pursuant
to RSA 211:49-d; or
(4) A wholesale marine license pursuant to RSA
211:49 aa and c.
(g)
No vessel shall land or possess more than 1000 Jonah crabs per calendar
day taken by non-trap methods or non-lobster trap methods from federal waters.
Source. #10958, EXEMPT, eff 1-1-16; ss by #12086,
EXEMPT, eff 1-20-17; ss by #12655, EXEMPT, eff 11-1-18
PART
Fis 608 REQUIRED REPORTS
Fis 608.01 Lobster and Crab Reports.
(a) Persons licensed to take lobster and crab
pursuant to RSA 211:18 shall report lobster and crab harvest in accordance with
(b) through (g).
(b) Persons who have previously reported lobster
information to the executive director shall be assigned a code number and put
into one of 2 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/Group Information |
|
|
Group 1 |
Less than 1000 lbs. of lobster and crab per year and recreational
permittees with 5 pots or less. |
|
|
Group 2 |
Greater than or equal to 1000 lbs of
lobster and crab per year. |
|
|
(d) Those persons in
Group 2 shall report the following information to the executive director by the 10th of the month for the month previous
either electronically or by paper whether harvest occurred or not:
(1) On a monthly basis:
a. Name;
b.
Signature of permittee subject to the penalties for unsworn false
statements under RSA 641:3;
c. Lobster and crab
license number;
d. Month
and year;
e. Whether
fishing occurred that month;
f. Total number of pots fished for the month; and
(2) On a trip basis:
a. Trip
date;
b. Trip
number;
c. Vessel name;
d. State vessel registration number, USCG
documentation number, or National Marine Fisheries permit number;
e. Crew size;
f. Area fished;
g. Type and
quantity of gear;
h. Total at-sea
vessel hours;
i. Total trap soak
time;
j. Quantity or
weight of harvested lobster and crab by species;
k. Disposition of
lobster and crab harvest;
l. Quantity and
species of bycatch;
m. Port, county,
state landed;
n. Dealer(s) name
or license number(s) harvest was sold to; and
o. Dealer(s) report
serial number(s).
(e) Paper trip level reports shall be carried on the vessel
and completed through the day previous.
(f) New entrants into the lobster and crab fishery and persons in
Group 1 shall report by January 10th for the year previous the
following monthly summarized harvest information:
(1) Name;
(2) Address;
(3) Lobster license number;
(4) Quantity of gear;
(5) Number of days pots were
checked;
(6) Average number of days
pot/pots fished;
(7) Quantity or weight of harvested lobster and crab by
species;
(8) Area(s)
fished;
(9) Average number of pots
pulled;
(10) Dealer(s) name
or license number(s) harvest was sold to;
(11) Dealer(s)
report serial number(s);
(12) Year; and
(13) Signature of permittee subject to the penalties for unsworn false
statements under RSA 641:3.
(g) Any
licensee failing to report pursuant to Fis 608.01 shall not be issued a lobster
and crab license pursuant to RSA 211:18 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.
(h) Any resident or non-resident
lobster landing or commercial saltwater licensee, pursuant to RSA 211:49-a, RSA
211:49-c, or RSA 211:49-d, landing lobster or crab in New Hampshire that does
not report trip-level lobster or crab harvest to another state or federal
agency shall report in accordance with Fis 608.01 (d).
Source. #1670, eff 11-20-80; ss by #2263, eff 1-7-83;
ss by #2839, eff 8-31-84; ss by #3150, eff 11-20-85; ss by #4868, eff 7-20-90;
ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
New. #7215, eff 3-16-0; ss by #8303, EXEMPT, eff
4-1-05; ss by #8819, EXEMPT, eff 2-1-07; ss by #10460, EXEMPT, eff 1-1-14; ss
by #11017, EXEMPT, eff 1-7-16
Fis 608.02 Harvest Reports.
(a)
Any person who possesses a permit in accordance with Fis 603.07, Fis
603.11, Fis 607.05 or Fis 609.01 shall submit the following information to the executive director by the 10th
of each month for the month previous, whether or not fishing occurred:
(1) On a monthly basis:
a. Name;
b. Signature of permittee subject to the
penalties for unsworn false statements under RSA 641:3;
c. Coastal harvest permit number;
d. Month and year; and
e. Whether fishing occurred that month.
(2) On a trip basis:
a. Trip date;
b. Dealer(s) name or license number(s) harvest
was sold to;
c. Trip number;
d. Species harvested;
e. Quantity or weight of species harvested;
f. Disposition of harvested species;
g. Type and quantity of gear;
h. Hours gear fished or harvest time;
i. Size of gear;
j. Area of fishing activity;
k. Number of gear fished;
l. Port, county, state landed, if harvest sold;
m. Vessel name;
n. State vessel registration number, USCG documentation
number, or National Marine Fisheries permit number; and
o. Unloading date, if harvest sold.
(b)
Any permittee failing to report pursuant to Fis 608.02(a) and (b) shall
not be issued a permit until such time that the required information is
submitted. Before a permit is issued the information shall be reviewed by the
department for completeness and information validated.
Source. #1878, eff 12-4-81; ss by #2839, eff 8-31-84;
ss by #4868, eff 7-20-90; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94; amd by #6176, eff 1-27-96; ss by #7215, eff 3-16-00; ss by
#8302, eff 4-1-05; ss by #8819, EXEMPT, eff 2-1-07
Fis 608.03 Shellfish Reports.
(a) Any person who possesses a commercial clamming
license, as described in RSA 211:62-d, shall submit a monthly report to the
executive director as specified in Fis 608.02.
(b) Any licensee 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.
Source. #2741, eff 6-13-84; ss by #4865, eff 7-17-90;
ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04;
ss by #8302, eff 4-1-05; ss by #10265, eff 1-29-13; ss by #13509, eff 1-29-23
Fis 608.04 Lobster and Crab
Dealer Reports.
(a) For purposes of this section, “lobster and
crab dealer” means:
(1) Any person or business,
other than the ultimate consumer, who purchases, ships, cosigns, transfers,
transports, barters, accepts or packs crab or lobster directly from a
commercial harvester 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 a lobster or crab dealer as defined in (a)(1).
(b) Lobster and crab dealers shall submit to the
executive director reports detailing lobster and crab transactions within the
state of New Hampshire by the 10th of each month, for the month
previous, whether or not lobster or crab transactions within the state of New
Hampshire occurred.
(c) Lobster and crab dealer reports, electronic
or paper, shall include the following:
(1) Commercial harvester’s trip
start date;
(2) State of vessel
registration and number or coast guard number;
(3) Commercial harvester’s
first name, last name and date of birth;
(4) Number of trips for
commercial harvester per day;
(5) Species purchased;
(6) Number or pounds of species
purchased;
(7) Disposition of species
purchased;
(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
and crab license number;
(11) Date species unloaded from
commercial harvester’s vessel;
(12) Grade and market size of
purchased species; and
(13) Gear used to harvest
species.
(d) Any lobster and crab dealer failing to report
shall not be issued a lobster and crab license or wholesale marine species license
pursuant to RSA 211:18, RSA 211:49-c, RSA 211:49-aa 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.
Source. #8303, EXEMPT, eff 4-1-05; ss by #11017,
EXEMPT, eff 1-7-16; ss by #12655, EXEMPT, eff 11-1-18
Fis 608.05 Lobster Tail Processors Annual Report.
(a)
Any person who possesses a lobster tail processors permit as specified
in Fis 609.03 shall submit an annual report to the executive director by
January 31 for the previous calendar year which includes:
(1) Name and address of business, firm or
corporation
(2) Lobster tail processing permit number;
(3) Wholesale dealers license number;
(4) Number of lobster tails processed at the
facility each month of the calendar year;
(5) Name and address of dealers to whom the
lobster tails were sold;
(6) Reporting year; and
(7) Signature of permittee
subject to the penalties for unsworn false statements under RSA 641:3.
(b)
Any permittee failing to report shall not be issued a permit until such
time that the required information in (a) has been submitted.
Source. #9772, INTERIM, eff 8-26-10, EXPIRED: 2-22-11
New.
#9887, eff 3-15-11; ss by #12655, EXEMPT, eff 11-1-18
PART Fis 609 REQUIRED PERMITS
Fis 609.01 Harvest Permit.
(a)
No person shall take finfish by the use of a seine, net, weir, pot or
trap, American eels as specified in Fis 603.11, or horseshoe crabs as specified
in Fis 607.05, or any species for commercial purposes from coastal and
estuarine waters without first obtaining a permit from the executive director,
except those persons taking finfish in accordance with RSA 211:48, or RSA
211:49-a or 211:49-b and are reporting catch under another license or to NOAA
Fisheries Service via vessel trip reports.
(b)
The applicant shall provide:
(1) The applicant’s:
a. Name and maiden name if applicable;
b. Street and mailing address;
c. Date of birth;
d. Telephone number;
e. Height and weight; and
f. Hair and eye color; and
g. Signature
of permittee subject to the penalties for unsworn false statements under RSA
641:3.
(2) The type, size, and
number of gear fished or used to harvest;
(3) The specific location(s) where fishing
activity or harvesting will occur;
(4) Species sought;
(5) Specific months the permittee intends to fish
or harvest;
(6) If the applicant is not the vessel owner, the following vessel owner
information:
a. Name and address; and
b. Home telephone number.
(7) The following
vessel information:
a. Vessel name;
b. State of registration;
c. State registration or coast guard number;
d. National Marine Fisheries Service federal
permit number;
e. Principal port;
f.
g. Hull construction material;
h. Vessel length;
i. Year built;
j. Gross and net tons, if federally documented
vessel;
k. Horsepower, if federally documented vessel;
l. Hold capacity in tons, if federally
documented vessel; and
m. Crew size.
(c)
A helper may assist the permittee as long as the permittee is present.
(d)
Any person possessing a permit shall file with the director the report
as required in Fis 608.02.
Source. #1878, eff 12-4-81; ss by #2839, eff 8-31-84;
ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
New. #7215, eff 3-16-00; amd
by #7371, eff 10-7-00; ss by #8819, EXEMPT, eff 2-1-07; ss by #10478, eff
1-1-14
Fis 609.02 Permit Required for Sea Herring or Shrimp
Processing.
(a)
Any firm, corporation, or person engaged in the taking or landing of
herring pursuant to Fis 603.07 or the processing of shrimp pursuant to Fis
607.01 shall obtain a permit from the executive director.
(b)
The applicant shall provide:
(1) The business
owner’s:
a. Name and maiden name, if applicable;
b. Street and mailing address, if different;
c. Height and weight;
d. Hair and eye color;
e. Home telephone number; and
f. Signature of permittee subject to the
penalties for unsworn false statements under RSA 641:3.
(2) The businesses:
a. Name of business;
b. Federal Tax Identification number;
c. Date of Incorporation;
d. Business street address;
e. Business telephone number;
f. Type of business;
g. Name of contact person;
h. Business name of processing operations
harvest sold to; and
i. Processing operations street address.
(3) The vessels:
a. Vessel owner, if different than applicant;
b. Vessel owner street address, if different
than applicant;
c. Vessel name;
d. State of registration;
e. State registration or coast guard number;
f. National Marine Fisheries Service federal
permit number;
g. Principal port;
h.
i. Hull construction material;
j. Vessel length;
k. Year built;
l. Gross and net tons, if federally documented
vessel;
m. Horsepower, if federally documented vessel;
n. Hold capacity in tons, if federally
documented vessel; and
o. Crew size.
Source. #1878, eff 12-4-81; ss by #2741, eff 6-13-84;
ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #7371, eff 10-7-00;
ss by #8819, EXEMPT, eff 2-1-07
Fis
609.03 Lobster Tail Processing Permit.
(a) No person, firm or corporation shall process
uncooked, raw shell-on American lobster tails, also known as green lobster
tails, whether frozen or unfrozen, that have been separated from the carapace,
in this state without first obtaining a lobster tail processing permit from the
executive director.
(b) Applicants shall provide the following:
(1) The applicant’s:
a. Name;
b. Name of contact person(s)
responsible, if firm or corporation;
c. Street and mailing address;
d. Date of birth;
e. Height and weight;
f. Hair and eye color; and
g. Day and night telephone
numbers;
(2) The business, firm or
corporation’s:
a. Name;
b. Federal tax identification
number;
c. Date of incorporation;
d. Street address;
e. Telephone number;
f. Type of business; and
g. Location within the facility
where green lobster tails will be processed; and
(3) Applicant’s signature
subject to the penalties for unsworn false statements under RSA 641:3.
Source. #3162, eff 12-23-85; ss by #4868, eff
7-20-90; ss by #6291, eff 7-20-96; rpld by #7371, eff
10-7-00
New.
#9772, INTERIM, eff 8-26-10, EXPIRED:
2-22-11
New. #9887, eff
3-15-11; ss by #10930, EXEMPT, eff 9-14-15
PART Fis 610 RULES FOR PROCESSING CERTAIN MARINE SPECIES
Fis 610.01 Clams, Mussels and Oysters.
(a)
All containers, bags or receptacles containing clams, mussels or
oysters, shucked or unshucked shall at all times bear
a label or tag legibly marked with the name and address of the producer and the
shipper. In addition the label or tag
shall be marked with the number of the department of health and human service’s
shellfish certificate, the location where taken, the date when taken and the
clams, mussels or oysters shall be in accordance with RSA 143:21 in order to be
possessed in the state of New Hampshire.
(b)
In accordance with Fis 610.01(a) all labels or tags shall remain
attached to any container, bag or receptacle of clams, mussels or oysters until
they are processed and in compliance with the provisions of RSA 143:22.
(c)
An accurate daily record shall be kept by all certified establishments
listing the names and addresses of all persons from whom lots of shellfish are
received, the location of the source of each lot, and the names and addresses
of all persons to whom lots are shipped or sold. Such records shall be kept on file for 60
days, and shall be open to inspection by agents of the fish and game department
at any reasonable time.
Source. #2741, eff 6-13-84; ss by #4865, eff 7-17-90;
ss by #6291, eff 7-20-96; ss by #7371, eff 10-7-00; ss by #9216, INTERIM, eff
7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16
Fis 610.02 Lobster Tail Processing.
(a)
A person, firm or corporation properly licensed pursuant to RSA 211:49-c
and who possesses a lobster tail processing permit specified in Fis 609.03
shall process lobster tails as follows:
(1) Lobster tails shall only be removed from the
lobsters at the land-based facility and at the location within the facility as
specified on the lobster tail processing permit and not on any vessel whether
at sea or dockside;
(2) Lobster tails shall only be removed from live,
legal size lobsters that meet all the requirements of Fis 602.12 and RSA
211:27. No lobster greater than the
maximum legal length as described in RSA 211:27, III shall be used for lobster
tail processing;
(3) Lobster tails separated from the lobster
shall remain whole, intact and in the shell;
(4) All processing, freezing, packaging and
labeling shall take place at the land-based facility and at the location within
the facility as specified on the lobster tail processing permit; and
(5) All packages and frozen or unfrozen lobster
parts shall be labeled with:
a. Description of the product;
b. The permit number;
c. The address of the facility where processed;
and
d. The date they were processed.
(b)
Permittees shall keep detailed, accurate records of all inventory and
disposition of lobster tails and parts including the names and applicable
license numbers for recipients at the facility for a period of 2 years.
(c)
Permittees shall submit an annual report as specified in Fis 608.05.
(d)
Permittees shall be in compliance with the public health requirements
pursuant to RSA 143 and RSA 146 and federal rules for hazards analysis critical
control point (HACCP) specified in 21 CFR 123 and 1240.
Source. #9772, INTERIM, eff 8-26-10, EXPIRED: 2-22-11
New. #9887, eff 3-15-11; amd
by #10930, EXEMPT, eff 9-14-15
Fis 610.03 Lobster Tail Sales.
(a)
No person may possess for the purpose of sale, sell, or offer for sale
uncooked, raw shell-on American lobster tails, also known as green lobster
tails, whether frozen or unfrozen, that have been separated from the carapace
without complying with the following requirements:
(1) Lobster tails shall remain whole, intact and
in the shell;
(2) All packages of frozen or unfrozen lobster
tails shall be labeled with:
a. Description of the product;
b. The lobster tail processing permit number;
c. The address of the facility where processed;
and
d. The date they were processed.
(3) Such labels shall be adhered to the package
at all times through the final consumer sale or until the contents of the
package have been sold.
(4) Lobster tails shall be a minimum of 3 ounces
in weight.
(b)
The absence of the packaging labels as required by this rule shall be
prima facie evidence of a violation.
(c)
Vendors shall keep detailed, accurate records of all inventory and
disposition of lobster tails, including the name of the processing facility and
permit number, when applicable, for a period of 2 years.
Source. # #10930, EXEMPT, eff 9-14-15
PART Fis 611 OTHER MARINE SPECIES
Fis 611.01 Seaweeds or
Marine Plants.
(a) “Seaweeds”
means any marine algae in the classes Chlorophyceae,
Xanthophyceae, Phaeophyceae,
and Rhodophyceae, including
rockweeds and sea moss.
(b) The
collection of seaweeds shall be in accordance with RSA 207:48 through RSA
207:54.
Source. #6443, eff 5-15-97;
ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #10478, eff 1-1-14;
ss by #13830, eff 12-28-23
APPENDIX
Rule(s) |
State
Statute (RSA) |
Federal
Statute |
Federal
Regulation |
|
|
|
|
Fis 601.01 -
601.04 |
RSA 211:62 |
|
|
Fis 601.05 -
601.09 |
RSA 211:62 |
|
|
Fis
601.10 - 601.12 |
RSA
211:62 |
|
|
|
|
|
|
Fis 602.01 |
RSA 206-10, I;
RSA 211:62 |
|
|
Fis 602.02 |
RSA 206:10; I;
RSA 211:62 |
|
|
Fis 602.03 |
RSA 206:10; I;
RSA 207:14; RSA 211:62 |
|
|
Fis 602.04 |
RSA 206:10; I;
RSA 211:62 |
|
|
Fis 602.05 |
RSA 211:62 |
|
|
Fis
602.06 |
RSA
211:62 |
|
|
Fis
602.07 |
RSA
211:62 |
16 USC 1801 |
50 CFR 648 |
Fis 602.09 |
RSA 211:62, V |
16 USC 1801 |
50 CFR Part 648 |
Fis 602.10 |
RSA 211:62 |
16 USC Sec 5101 |
50 CFR Part 697 |
Fis 602.11 |
RSA 211:26 and
RSA 211:62, II & V; 16 USC Sec 5101; |
||
Fis 602.12 |
RSA 211:62 |
|
|
Fis 602.14 (a) |
RSA 211:62 |
|
|
Fis 602.15 |
RSA 211:62, II |
|
|
Fis 602.16 |
RSA 211:18 |
16 USC Sec 5101 |
50CFR Part 697 |
Fis 602.16 (k) |
RSA 211:62 |
|
|
Fis 602.17 |
RSA 211:62 |
|
|
Fis
602.18 |
RSA
211:62 |
16 USC 1801 |
50 CFR 648 |
Fis 603.19 |
RSA 211:62; 16
USC 1801; 50 CFR Part 648 |
|
|
|
|
|
|
Fis 603.01- 603.02 |
RSA 211:62 |
|
|
Fis 603.03 |
RSA 206:10; I;
RSA 211:62 |
|
|
Fis
603.04 |
RSA
206:10 and RSA 211:62 |
|
|
Fis 603.06 |
RSA 211:62 |
|
|
Fis 603.07 |
RSA 211:62 |
16 USC Sec 5101 and 1801 |
50 CFR 648 |
Fis 603.07(j) |
RSA 211:62 VI |
|
|
Fis 603.08 |
RSA 211:62, II & V |
16 USC Sec 1801 |
50 CFR 648.89 |
Fis 603.09 |
RSA 211:61, II and
V |
16 USC Sec 1801 |
|
Fis 603.11 |
RSA 211:62 and RSA 211:27 |
16 USC Sec 5101 |
50CFR Part 648 |
Fis 603.13 |
RSA 211:62 and RSA 211:27 |
16 USC Sec 5101 |
50CFR Part 648 |
Fis 603.15 |
RSA 211:62, II & V |
|
|
Fis 603.16 |
RSA 211:62, I |
16 USC 1801 |
50 CFR 648 |
Fis 603.17 |
RSA 206:10; I;
RSA 211:62 |
|
|
Fis
603.18 |
RSA 211:62 |
16 USC Sec 5101 |
50 CFR Part 697 |
Fis
603.19 |
|
|
|
Fis 603.20 |
RSA 211:62; 16
USC 1801 and 5101 |
|
|
|
|
|
|
Fis 603.21 |
RSA 211:62; 16
USC 1801 |
|
|
Fis 603.22 |
RSA 211:62; 16
USC 1801; 50 CFR 648 |
|
|
Fis 603.24 |
RSA 211:62 |
|
|
Fis
603.25 |
RSA
211:62, II |
|
|
Fis 603.26 |
RSA 206:10, I;
RSA 211:62, V |
|
|
|
|
|
|
Fis
604.01 |
RSA
206:10 and RSA 211:62 |
|
|
Fis
604.02 |
RSA
206:10 and RSA 211:62 |
|
|
Fis
604.03 |
RSA 211:62 |
|
|
|
|
|
|
Fis 605.01 |
RSA 211:62, II |
|
|
Fis 605.02 |
RSA 206:10; I;
RSA 211:62; RSA 211:62-a |
|
|
Fis 605.03 |
RSA 206:10; I;
RSA 211:62; RSA 211:62-a |
|
|
Fis 607.04 |
RSA 206:10; I;
RSA 211:62 |
|
|
|
|
|
|
Fis 606.01 |
RSA 206:10, I;
RSA 211:62 |
|
|
Fis
606.02 |
RSA
211:62 and RSA 143:2 |
16 USC Sec 5101 |
|
Fis
606.03 |
RSA
211:62 |
|
|
Fis
606.04 |
RSA
211:62, I & II |
|
|
Fis
606.05 |
RSA
211:62 |
|
|
Fis
606.06 |
RSA
211:62 and RSA 211:64-b |
|
|
Fis
606.07 |
RSA
211:62 |
|
|
|
|
|
|
Fis
607.01 |
RSA 211:62, V |
16 USC Sec 5101 |
|
Fis 607.02 |
RSA 206:10, I; RSA
211:62 |
|
|
Fis
607.04 |
RSA 211:62 |
|
|
Fis 607.05 |
RSA 211:62 and RSA 211:27 |
16 USC Sec 5101 |
50CFR Part 648 |
Fis 607.06 |
RSA 211:62, V |
|
|
|
|
|
|
Fis 608.01 |
RSA 211:62 |
|
|
Fis 608.02 |
RSA 211:62 and RSA 211:27 |
16 USC Sec 5101 |
|
Fis 608.03 |
RSA 206:10, I;
RSA 211:62 |
|
|
Fis 608.04 |
RSA 211:62 |
|
|
Fis 608.05 |
RSA 211:38-a |
|
|
|
|
|
|
Fis 609.01 |
RSA 211:62 |
16 USC Sec 5101 |
|
Fis 609.02 |
RSA 211:62 and RSA 541-A |
16 USC Sec 5101 |
|
Fis 602.15 |
RSA 211:62, II |
|
|
|
|
|
|
Fis
610.01 |
RSA 211:62 |
|
|
Fis 610.02 |
RSA 211:38-a;
RSA 211:62, II |
|
|
Fis 610.03 |
RSA 211:38-a;
RSA 211:62, II |
|
|
|
|
|
|
Fis 611.01 |
RSA 206:10, I;
RSA 211:62; RSA 207:48
through RSA 207:54; 50 CFR 648 |
|
|