HB 442-FN - AS AMENDED BY THE SENATE

22Mar2023... 0709h

05/18/2023   1885s

2023 SESSION

23-0741

04/10

HOUSE BILL 442-FN

AN ACT relative to the removal of derelict fishing gear.

SPONSORS: Rep. Hill, Merr. 2; Rep. Ankarberg, Straf. 7; Rep. Weyler, Rock. 14; Rep. Spillane, Rock. 2; Rep. Janvrin, Rock. 40; Rep. Lewicke, Hills. 36; Sen. Pearl, Dist 17

COMMITTEE: Fish and Game and Marine Resources

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AMENDED ANALYSIS

This bill requires the executive director of the department of fish and game to schedule events for the collection, retrieval, and disposal of derelict fishing gear in coastal waters and making an appropriation therefor.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22Mar2023... 0709h

05/18/2023   1885s 23-0741

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the removal of derelict fishing gear.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1  Findings.  The general court finds that:

I.  Derelict fishing gear in the coastal waters of New Hampshire presents a hazard to the marine ecosystem and proper removal and disposal of the abandoned or derelict fishing gear is a worthwhile project.

II.  New Hampshire needs a rapid response to the call for a significant clean-up effort of all derelict fishing gear in our coastal waters.

III.  A useful component to the clean-up effort is in the addition of stakeholders to assist in removal of the derelict fishing gear.

2  Department of Fish and Game; Derelict Fishing Gear.  

I.  The executive director of the department of fish and game shall schedule events and coordinate with volunteers to locate, remove, and dispose of derelict fishing gear off the coast of New Hampshire.  Such events shall only be funded from the additional funding provided in section 3 of this act to derelict fishing gear and coastal clean up fund under RSA 211:77.  The executive director shall schedule at least 3 such events in 2024 and 3 such events in 2025 unless funding is insufficient to execute such events.

II.  Before disposal, the executive director shall attempt to notify the owner of retrieved derelict gear by information contained in department records and any contact information shown on trap tags indicating the owner.  In the event that there is no identifying marker, the owner fails to claim the derelict gear within 30 days of being notified by the department, or the owner verbally dismisses their claim on the derelict gear to the executive director after notification, then the executive director may dispose of the derelict fishing gear or authorize the disposal in any suitable fashion at his or her discretion.

III.  In this section, "derelict fishing gear" means:

(a)  Any lobster pot, trap, warp, or live car found in New Hampshire waters that does not have a surface buoy connected directly or indirectly to the equipment.

(b)  Fishing gear absent a valid trap tag indicating the owner's name and contact information.

(c)  Fishing gear that is plainly visible to law enforcement to be abandoned, lost, or derelict.

3  Department of Fish and Game; Appropriation.  The sum of $100,000 for the fiscal year ending June 30, 2024 and the sum of $100,000 for the fiscal year ending June 30, 2025, is hereby appropriated to the derelict fishing gear and coastal cleanup fund established in RSA 211:77 and administered by the department of fish and game to provide funding for the removal of derelict fishing gear.  Such funds shall be expended by December 31 of the corresponding calendar year.  Said appropriation shall be in addition to any other sums appropriated for this purpose, shall not be transferred of expended for any other purpose.  Any unexpended funds shall lapse to the general fund.  The governor is authorized to draw a warrant for said sums put of any money in the treasury not otherwise appropriated.

4  Effective Date.  This act shall take effect July 1, 2023.

LBA

23-0741

Amended 6/19/23

HB 442-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2023-1885s)

AN ACT relative to the removal of derelict fishing gear.

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

METHODOLOGY:

This bill requires the Fish and Game Department to hold no less than three (3) derelict fishing gear clean-up "events" (subject to sufficient funding), and provides $100,000 in general funds in each FY 2024 and FY 2025 to the Derelict Fishing Gear and Coastal Cleanup Fund for these efforts, with any unexpended funds lapsing back to the general fund at the end of each fiscal year (this bill stipulates amounts appropriated shall be expended by December 31 of each year). Also, the Department currently allows two weeks from the time of notification for the owner to claim any retrieved derelict gear, and this bill allows 30 days for the owner to claim such gear.  Due to this change, the Department states there maybe indeterminable additional costs associated with storage of gear for that additional time.  The Department states any costs incurred above the $100,000 allocation per year would be charged to the Fish and Game Fund.

AGENCIES CONTACTED:

Fish and Game Department