Salt Water Fish, Clams, Etc.

Section 211:62

    211:62 Authority for Regulating Taking, Inspection and Processing of Marine Species. –
I. Rules relating to the taking, inspection, and processing of marine species may be made by the executive director of the fish and game department with the approval of the fish and game commission, and upon the advice and cooperation of the advisory committee on marine fisheries.
II. The rules relating to marine species may include, but are not limited to, the following:
(a) The size, number, sex, and quantity that may be taken;
(b) The areas to be opened or closed to their taking;
(c) The manner of their taking;
(d) The transportation of marine species within and through the state of New Hampshire;
(e) The sale, inspection, and processing of marine species; and
(f) Appropriate definitions.
III. Existing rules shall continue in effect until the effective date of new rules adopted in accordance with RSA 541-A.
IV. Conservation officers shall have the authority granted to public health officers and agents under RSA 143:4; RSA 143:23 through 28; and RSA 146:20, for the purpose of enforcing laws and rules pertaining to marine species.
V. Rules pertaining to marine species managed under the Atlantic States Marine Fisheries Compact under RSA 213 and the Magnuson-Stevens Fishery Conservation and Management Act under 16 U.S.C. section 1801, et seq., shall be exempt from the rulemaking requirements of RSA 541-A. The executive director may adopt such rules after notice and hearing as determined by the executive director to be practicable. Rules adopted under this paragraph shall be filed with the director of legislative services and with the joint legislative committee on administrative rules.

Source. 1957, 251:1. 1959, 194:1. 1963, 320:1. 1967, 411:1. 1983, 229:1. 1990, 178:2. 1991, 229:7-9. 1995, 82:1. 2004, 166:10, eff. May 24, 2004. 2019, 78:1, eff. Aug. 17, 2019.