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
(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
(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
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
(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 |
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