25mar03... 0696h

2003 SESSION

03-0041

10/09

HOUSE BILL 60

COMMITTEE: Fish and Game

AMENDED ANALYSIS

This bill changes the name of the advisory committee on shore fisheries to the advisory committee on marine fisheries.

The bill modifies the definition of shellfish and clarifies the fish and game department's rulemaking exemption for rules relating to marine species under the Atlantic States Marine Fisheries Compact.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03... 0696h

03-0041

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

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

1 Fish and Game Commission; Reference to Advisory Committee on Shore Fisheries Changed. Amend RSA 206:2, II to read as follows:

II. Sporting clubs in each county may form a county sporting club board. Whenever an appointment is to be made to the commission, each board may nominate one to 3 persons and submit such recommendations to the governor for the governor's consideration. Whenever an appointment is to be made to the commission from the tidewater towns, the advisory committee on [shore] marine fisheries may nominate one to 3 persons and submit such recommendations to the governor for the governor's consideration.

2 Name Change; Advisory Committee on Marine Fisheries. Amend RSA 211:60 to read as follows:

211:60 Advisory Committee on [Shore] Marine Fisheries.

I. There is established an advisory committee on [shore] marine fisheries to recommend programs and policies regarding [shore] marine fisheries to the fish and game commission. The advisory committee shall consist of 5 members and one alternate member, all of whom shall be residents of the seacoast region, appointed by the governor and council.

II. The term of office of each member shall be for 3 years and until a successor is appointed and qualified. The alternate member shall attend all meetings of the advisory committee, and shall act in the place of a member to make a quorum for the transaction of business, and may then vote on any motion with the powers granted to members. Members of the committee shall serve without compensation.

III. The duties of the advisory committee shall be to review and make recommendations as seems advisable relative to marine species. The committee shall have authority to hold hearings in the coastal towns on marine species.

3 Clams, Lobsters; Name Change. Amend RSA 211:61 to read as follows:

211:61 Clams, Lobsters. The advisory committee on [shore] marine fisheries as appointed under RSA 211:60 may recommend to the fish and game commission such rules and regulations as may be necessary for the propagation, preservation, and taking of clams, clam worms, lobsters, crabs, oysters, and other marine species. All laws and regulations relative to the taking, sale, possession, and transportation of lobsters, crabs, clams, clam worms, oysters, and other marine species shall remain in full force and effect until such time as they are changed under the authority contained in this section.

4 Marine Species; Reference to Advisory Committee on Shore Fisheries Changed. Amend RSA 211:62, I to read as follows:

I. Rules relating to the taking, inspection, and processing of marine species may be made by the executive director of the fish and game department with the approval of the fish and game commission, and upon the advice and cooperation of the advisory committee on [shore] marine fisheries.

5 Sanitary Production And Distribution Of Food; Definition of Shellfish. RSA 143:20 is repealed and reenacted to read as follows:

143:20 Definition. In this subdivision, "shellfish" means:

I. Oysters, clams, or mussels, whether:

(a) Shucked or in the shell;

(b) Fresh or frozen; or

(c) Whole or in part; and

II. Scallops in any form, except when the final product form is the adductor muscle only.

6 Authority for Regulating Taking, Inspection and Processing of Marine Species; Rulemaking Exception. Amend RSA 211:62, V to read as follows:

V. Rules pertaining to marine species managed under the Atlantic States Marine Fisheries Compact under RSA 213 shall comply with RSA 541-A except where, at the discretion of the executive director and in order to conform with an Atlantic States Marine Fisheries Compact, the adoption of a rule must be met sooner than the time periods allowed under RSA 541-A for a rule adopted under the procedures listed in RSA 541-A:3. Such rules shall be exempt from the rulemaking requirements of RSA 541-A. The executive director may adopt such exempt rules after notice and hearing as determined by the executive director to be practicable. Rules adopted [under this paragraph] by this procedure shall be filed with the director of legislative services and with the joint legislative committee on administrative rules.

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