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 Memorial Bridge in Portsmouth.

 

          (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:

 

Description: http://www.gencourt.state.nh.us/Rules/state_agencies/fis600_files/image005.jpg

          (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:

 

Description: Description: Herring 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

 

        Fis 603.08  Striped Bass.

        (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

Atlantic cod

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

         Fis 603.15  Bluefish.

 

            (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

 

        Fis 603.20  Sharks.

        (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

 

        Fis 603.21  Atlantic Menhaden.

 

        (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 americana) shall be 25 fish.

 

          (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  Taylor River.  The Taylor River from the railroad bridge to the head of tide dam in Hampton shall be closed to the taking river herring by netting of any method.

 

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  Squamscott River.

 

          (a)  During April, May and June the taking of river herring in the Squamscott River and its tributaries from the 108 Bridge to the Great Dam in Exeter shall be subject to the following:

 

(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  Oyster River.  The Oyster River and its tributaries shall be closed to the taking of river herring by any method from the head-of-tide dam at Mill Pond in Durham, 43°07’51.23”N, 70°55’08.20”W and 43°07’50.31”N, 70°55’08.04”W, downstream to the river mouth at Wagon Hill Farm and Durham Point, a line extending from 43°07’31.87”N, 70°52’17.67”W to 43°07’20.18”N, 70°52’19.16”W.

 

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 WORMS

 

        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.  Hull ID number;

 

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.  Hull ID number;

 

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