CHAPTER Fis 2000  Greater Atlantic Fisheries STATE-SPECIFIC ASSISTANCE PROGRAM

 

PART Fis 2001  CHAPTER DEFINITIONS

 

          Fis 2001.01  Chapter Definitions.

 

          (a)  “Commercial qualifying years” means the 2010 through 2013 multispecies fishing years for NOAA Fisheries permit owners. A multispecies fishing year runs from May 1 through April 30.

 

          (b)  “Direct assistance” means the funds supplied by the Greater Atlantic Fisheries Disaster Direct Assistance Program and distributed to NE Multispecies permitted vessels in 2014.

 

          (c)  “For-hire qualifying years” means the calendar years of 2010 through 2013 for the For-Hire industry.

 

          (d)  “Individual” means a natural person or business.

 

          (e)  “NE multispecies groundfish” means the following northeast groundfish: American plaice, Atlantic cod, haddock, pollock, redfish, white hake, winter flounder, witch flounder, and yellowtail flounder.

 

          (f)  “Program” refers to the New Hampshire Greater Atlantic Fisheries Disaster State- Specific Assistance Program.

 

Source.  #10846, EMERGENCY RULE, eff 6-5-15, EXPIRES: 12-2-15

 

PART Fis 2002  CRITERIA

 

          Fis 2002.01  Qualification Criteria.

 

          (a)  Program funds shall be distributed to the following six categories of the groundfish industry:  for-hire, full-time commercial, part-time commercial, inactive commercial, crew, shoreside businesses, and Sector XI permit bank.  The purpose of the program is to financially support NH’s groundfish industry due to a declared commercial fishery failure for the NE Multispecies Groundfish fishery by the United States Secretary of Commerce.  The program funds shall be distributed according to the following criteria:

 

(1)  For-Hire:  An individual shall qualify for a share of the for-hire portion of the Program funds if the individual meets the following criteria:

 

a.  The individual was issued a NH charter or party boat license pursuant to RSA 214:9, XVI and either a National Oceanic and Atmospheric Administration (NOAA) Fisheries limited access NE multispecies permit or NOAA Fisheries open access charter/party permit in at least 3 of the 4 for-hire qualifying years; however, if 2010 is one of the for-hire qualifying years, the individual must only have been issued either a NOAA Fisheries limited access NE multispecies permit or NOAA Fisheries open access charter/party permit for that year; and

 

b.  The individual was the owner of the National Oceanic and Atmospheric Administration (NOAA) Fisheries limited access NE multispecies permit or open access charter/party permit referred to in Fis 2002.01(a)(1)a. on April 30, 2014; and

 

c.  The individual designated a principal port in NH during the same 3 for-hire qualifying years either through the appropriate NH license and/or NOAA Fisheries permit referred to in Fis 2002.01(a)(1)a.; and

 

d.  The individual took at least 15 trips in each of the same 3 for-hire qualifying years on the vessel licensed or permitted under Fis 2002.01(a)(1)a. during which the following was recorded on federal vessel trip reports (VTR):

 

1.  the harvest and landing in NH of at least one NE multispecies groundfish species, and

 

2.  the “number of anglers” for those trips was greater than or equal to 1.

 

(2)  Part-Time Commercial:  An individual shall qualify for a share of the part-time commercial vessel portion of the Program funds if the individual meets the following criteria:

 

a.  The individual was issued a limited access NE multispecies permit with reported landings of NE multispecies groundfish in NH during the commercial qualifying years and must have been either a member of the Northeast Fishery Sector XI or XII, or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; and

 

b.  The individual was the owner of a NOAA Fisheries limited access NE multispecies permit referred to in Fis 2002.01(a)(2)a. as of April 30, 2013; and

 

c.  During each of the commercial qualifying years, the individual must have landed fewer than 5,000 pounds of NE multispecies groundfish attributed to the permit referred to in Fis 2002.01(a)(2)a.; and

 

d.  During at least one of the commercial qualifying years, the individual landed at least 2,000 pounds of NE multispecies groundfish attributed to the permit referred to in Fis 2002.01(a)(2)a.; and

 

e.  On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(2)a. was not residing in any permit bank.

 

(3)  Full-Time Commercial: An individual shall qualify for a share of the active full-time commercial vessel portion of the Program funds if the individual meets the following criteria:

 

a.  The individual was issued a limited access NE multispecies permit that has reported landings of NE multispecies groundfish in NH during the commercial qualifying years and was either a member of the Northeast Fishery Sector XI or XII, or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; and

 

b.  The individual was the owner of a NOAA Fisheries limited access NE multispecies permit referred to in Fis 2002.01(a)(3)a. as of April 30, 2013; and

 

c.  The individual landed greater than 47,999 pounds of NE multispecies groundfish attributed to the permit referred to in 2002.01(a)(3)a. in any one of the commercial qualifying years from 2010 to 2013; and

 

d.  On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(3)a. was not residing in any permit bank.

 

(4)  Inactive Commercial: An individual shall qualify for a share of the inactive commercial vessel portion of the Program funds if the individual meets the following criteria:

 

a.  The individual was the owner of a NOAA Fisheries limited access NE multispecies permit as of April 30, 2013 and was a member of either Northeast Fishery Sector XI or XII during the 2013 fishing year.

 

b.  On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(4)a. was not residing in any permit bank.

 

c.  The individual did not have any dealer-reported NE multispecies groundfish landings attributed to any NOAA Fisheries limited access NE multispecies permits issued to the individual during all of the commercial qualifying years.

 

d.  The individual was not eligible for Direct Assistance funds in any state, including New Hampshire, for any other limited access NE multispecies permit they own and is not eligible as an active vessel under 2002.01(a)(2).

 

(5)  Crew:  An individual who worked on a limited access NE multispecies federally permitted vessel that received Direct Assistance funds from New Hampshire and was a member of NE fishing sector XI or XII or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH shall be eligible for a share of the crew portion of the Program funds if the individual meets the following criteria:

 

a.  The individual was identified by a limited access northeast multispecies permit holder that received Direct Assistance funds from New Hampshire and was a member of NE fishing sector XI or XII or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; as crew on their qualified vessel for at least 10 trips during which the vessel commercially fished for groundfish in either the 2012 or 2013 calendar years.

 

b.  The individual was listed as the “Recipient” on a 2012 and/or 2013 1099 Miscellaneous Income tax form.

 

c.  The “Payer” on the 1099 Miscellaneous Income tax form was the owner of the permit of the qualifying vessel.

 

d.  The individual had a minimum income of $5,000 listed in “Fishing Boat Proceeds” (1099 Miscellaneous Income-Box 5) or “Nonemployee Compensation” (1099 Miscellaneous Income-Box 7) on the 1099 Miscellaneous Income tax form for 2012 and/or 2013.

 

e.  The individual has not accepted Greater Atlantic Fisheries Disaster funds as a crew member from another state.

 

(6)  Shoreside Infrastructure:  Yankee Fishermen’s Cooperative Association (Business ID # 151929) and Heidi Seafood Services, LLC (Business ID# 723611), shall be eligible for the shoreside infrastructure portion of the Program funds consistent with the following: 

 

a.  Funds distributed under this paragraph, Fis 2002.01(a)(6), shall be used to purchase infrastructure that will specifically support the NH groundfish industry.

 

b.  Each applicant under this paragraph, Fis 2002.01(a)(6), shall enter into a contract with the State of NH that shall stipulate the repayment of Program funds used to purchase equipment according to a depreciation schedule if the applicant transfers, sells, or ceases to use the equipment for its intended purpose.

 

c.  The State may take a security interest or other security in the equipment purchased with the Program funds.

 

d.  Each applicant shall be registered in New Hampshire.

 

(7)  Northeast Fishing Sector XI:  The northeast fishing sector XI shall be eligible for Program funds to purchase one or more northeast multispecies permits to reside in the sector’s permit bank consistent with the following:

 

a.  The funds shall be used to purchase one or more NE multispecies permits for the sole use by members of the northeast fishery sector XI.

 

b.  Northeast fishing sector XI shall enter into a contract with the State of NH directing the transfer of the northeast multispecies permit or permits purchased with the program funds to the NH state permit bank if the northeast fishing sector XI disbands.

 

Source.  #10846, EMERGENCY RULE, eff 6-5-15, EXPIRES: 12-2-15

 

          Fis 2002.02  Distribution Criteria.

 

          (a)  Any individual who receives a notification of authorization from the department that the individual is eligible to apply for Program funds may apply by submitting an application to the department listing the following:

 

(1)  Name;

 

(2)  Date of birth;

 

(3)  Social Security number or federal identification number;

 

(4)  Corporation name, if applicable;

 

(5)  Street address;

 

(6)  Mailing address;

 

(7)  Home phone number;

 

(8)  Work or cell phone number;

 

(9)  Vessel and home port information (if applicable);

 

(10)  Federal permit and/or license information (if applicable); and

 

(11)  Dated signature of applicant and title, if applicable, certifying that it is truthful subject to the penalties for making unsworn false statement statements under RSA 641:3.

 

          (b)  Any person not provided a notification of authorization from the department and who wishes to apply shall submit, in addition to the application in Fis 2002.02(a), sufficient information to support eligibility under Fis 2002.01(a)(1), (2), (3), or (4) as applicable.

 

          (c)  Applications shall be mailed to:

 

NH Fish and Game Department – Marine Division

Greater Atlantic Fisheries Disaster Program – State-Specific Assistance Program

225 Main Street

Durham, NH  03824

 

          (d)  No Program funds shall be awarded to an applicant that has:

 

(1)  Any state or federal reporting deficiencies or inaccuracies in the for-hire or commercial qualifying years; or

 

(2)  Any state or federal conviction for fisheries violations related to groundfish fishing in any of the for-hire or commercial qualifying years; or

 

(3)  Received Greater Atlantic fisheries state specific disaster program funds from other states.

 

          (e)  The disbursement formula for the Program’s $1,136,400 shall be as follows:

 

(1)  Two percent of the funds shall be used for administrative costs of the department.

 

(2)  The for-hire portion of the Program Funds shall be $278,418 which shall be distributed to individuals qualified under Fis 2002.01(a)(1), in accordance with the following:

 

a.  Those individuals that purchased a NH party boat license during the for-hire qualifying period will receive two shares of the for-hire funds.

 

b.  Those individuals that purchased a NH charter boat license during the for-hire qualifying years will receive one share of the for-hire funds.

 

(3)  The part-time commercial vessel portion of the Program Funds shall be $22,500 which shall be distributed in equal shares to individuals qualified under Fis 2002.01(a)(2).

 

(4)  The full-time commercial vessel portion of the Program Funds shall be $44,754 which shall be distributed in equal shares to individuals qualified under Fis 2002.01(a)(3).

 

(5)  The inactive commercial vessel portion of the Program Funds shall be $54,000 which shall be distributed in equal shares to individuals qualified under Fis 2002.01(a)(4).

 

(6)  The crew portion of the Program Funds shall be $200,000 which shall be distributed to individuals qualified under Fis 2002.01(a)(5) in accordance with the following:

 

a.  Any individual who submitted a valid 1099 Miscellaneous Income tax form for tax years 2012 or 2013 with less than $10,000 per year reported in box 5 or box 7 and between $5,000 and $9,999 reported in box 5 or box 7 in at least one of the two years shall receive $1,500; and

 

b.  Any individual who submitted a valid 1099 Miscellaneous Income tax form for tax years 2012 or 2013 with greater than or equal to $10,000 reported in box 5 or box 7 in either year shall receive an equal share of the remaining funds allocated for the crew share.

 

(7)  The shoreside infrastructure business portion of the program funds identified in Fis 2002.01(a)(6), shall be $343,000 which shall be distributed as follows:

 

a.  Yankee Fisherman’s Cooperative Association shall be allocated $276,200.

 

b.  Heidi Seafood Services, LLC shall be allocated $66,800.

 

(8)  The northeast fishery sector XI portion of the program funds shall be $180,000 which shall be distributed to the northeast fishery sector XI pursuant to Fis 2002.01(a)(7).

 

(9)  If program funds are not distributed to eligible applicants under Fis 2002.02(e)(7) or Fis 2002.02(e)(8), then the remaining funds will be re-allocated and proportionally distributed to those eligible applicants under Fis 2002.02(e)(3) through Fis 2002.02(e)(6).

 

Source.  #10846, EMERGENCY RULE, eff 6-5-15, EXPIRES: 12-2-15

 

PART Fis 2003  HEARINGS AND APPEALS

 

          Fis 2003.01  Hearings and Appeals.

 

          (a)  Hearings and appeals shall be conducted in accordance with Fis 200.  All appeal requests shall be received by the department not more than 30 days from the date of notification letter.  The decision of the executive director on any appeal or hearing under this section shall be final. 

 

Source.  #10846, EMERGENCY RULE, eff 6-5-15, EXPIRES: 12-2-15

 

APPENDIX

 

Rule(s)

State Statute (RSA)

Federal Statute

Federal Regulation

Fis 2001

RSA 206:10, I

 

 

Fis 2002

RSA 206:10, I

 

 

Fis 2003

RSA 206:10, I