4apr02...2986h

2002 SESSION

02-3149

10/09

SENATE BILL 434

COMMITTEE: Wildlife and Recreation

AMENDED ANALYSIS

This bill establishes the duties of the fish and game commission as the steward of the fish, wildlife, and marine resources of the state.

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

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

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

4apr02...2986h

02-3149

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Two

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

1 New Section; Fish and Game Commission; Duties and Responsibilities. Amend RSA 206 by inserting after section 7 the following new section:

206:7-a Duties and Responsibilities.

I. In addition to other duties provided by law, it shall be the duty of the fish and game commission as the citizens' representatives to be the steward of the fish, wildlife, and marine resources of the state of New Hampshire and to set broad policy which will guide the fish and game department in the following matters:

(a) Conserving, protecting, and managing wildlife populations and habitat, collecting necessary scientific information and enforcing fish and game laws for the purpose of sustaining healthy populations of fish, wildlife, and marine resources.

(b) Developing, funding, and implementing a long range strategic plan to direct the operation of the fish and game department.

(c) Acquiring, developing, and maintaining public access to lands and waters for recreational use consistent with New Hampshire laws and rules.

(d) Educating the public, building awareness, and encouraging support for department programs and objectives.

(e) Establishing positions on all proposed legislation that directly affects fish and wildlife resources and the overall management of the fish and game department.

II. It shall be the duty of the commission to nominate the executive director in accordance with RSA 206:8,I(a).

2 Technical Changes; Subparagraphs Designated. Amend RSA 206:8, I to read as follows:

I.(a) The commission, following a comprehensive and equitable search, shall nominate, and the governor and council shall appoint, an executive director of the fish and game department. If the governor and council fail to appoint the nominee, the commission shall nominate another person. Each nominee shall be a person with knowledge of, and experience in, the requirements for the protection, conservation, and restoration of the wildlife resources of the state and shall be a competent administrator.

(b) The executive director shall hold office for a term of 4 years from the date of appointment and until a successor is appointed and qualified. Notwithstanding RSA 21:33-a, a vacancy in such office shall be filled for a 4-year term from the date of appointment. The governor and council shall have the authority to remove the executive director at any time, but only for just cause pursuant to RSA 4:1. In such case, the governor and council shall deliver to the executive director a copy of the charges and afford an opportunity of being heard publicly in person or by counsel after being given not less than 15 days notice.

(c) The executive director shall not hold any other public office, and shall be entirely devoted to the service of the state in the discharge of the official duties of the position. The executive director shall receive the compensation prescribed in RSA 94:1-4, and shall be reimbursed for all actual and necessary traveling and other expenses incurred in the discharge of official duties. Before entering upon the duties of the office, the executive director shall take the oath prescribed by the constitution, and shall, in addition thereto, swear that no other public office is held nor any position under any political committee or party is held. Such oath shall be filed with the secretary of state.

(d) The executive director shall have general supervision and control of all activities, functions, and employees of the fish and game department, and shall enforce all the provisions of the laws of this state relating to fish, wildlife resources, and marine species, and shall exercise all necessary powers incident thereto.

3 References to Committees Changed. Amend RSA 206:9-b to read as follows:

206:9-b Annual Report; Moose and Bear Management Funds. The executive director shall submit an annual report by October 1 beginning with fiscal year 1995, to the fiscal committee, the chairperson of the appropriate house [wildlife and marine resources] committee, and the chairperson of the appropriate senate [fish and game/recreation] committee relative to all receipts and disbursements in the moose management fund established in RSA 208:1-a, III and the bear management fund established in RSA 208:24, IV. Each report shall be in such detail with sufficient information to be fully understood by the general court and the public summarizing the receipts and disbursements regarding such funds. After submission to the general court, the report shall be available to the public.

4 Hearings; Commission References Added. Amend RSA 206:11 to read as follows:

206:11 Hearings to Receive Suggestions From the Public. Once each biennium, in the odd-numbered year, the executive director and the commission shall hold public hearings to hear suggestions from the public on changes in the fishing rules or on any other subject with respect to [his] the department's duties. Such hearing shall be held in Concord and in Lancaster. Public notice of said hearings shall be published at least twice in 2 newspapers having general circulation throughout the state, and in such other newspapers, magazines, or circulars as the executive director or the commission may deem desirable. It shall be the duty of the members of the commission to be in attendance at such hearings. The executive director may [in his discretion] conduct other public or private hearings throughout the year upon petition of interested parties. At the biennial hearings held at Concord and Lancaster and at other public hearings that [the executive director shall hold] are held in accordance with the provisions of this section, any person having any testimony to present which bears upon the power and authority of the executive director under the provisions of this title shall be given full opportunity to be heard, and the executive director shall cause a complete record to be kept of all testimony taken.

5 Effective Date. This act shall take effect 60 days after its passage.