TITLE XVIII
FISH AND GAME

CHAPTER 211
FISH, SHELLFISH, LOBSTERS AND CRABS

Salt Water Fish, Clams, Etc.

Section 211:49-a

    211:49-a Nonresident Commercial Salt Water License. –
I. Any person who does not qualify as a resident under RSA 207:1, who takes, possesses, lands, or transports by any method, from or on the waters of this state, regardless of where the catch was taken, any marine species by any method for the purpose of selling the same, shall first procure a valid license from the executive director to do so. This license shall not include the taking, possession, landing, or transport of northern shrimp (Paudulus borealis) which requires a license under RSA 211:49-e, or the taking of lobsters and crabs, which requires a license under RSA 211:18. A nonresident shall not take sea urchins, clam worms, river herring, Atlantic menhaden, or scallops unless the state in which such person is a resident provides a reciprocal licensing privilege for residents of this state.
II. The fee for an annual license shall be set by the executive director pursuant to RSA 206:10, I. The license shall be for the operator of the boat, vessel, flotation device, or gear, and helpers; provided, however, that helpers shall not be allowed for the taking of sea urchins or scallops by diving. The executive director shall establish a surcharge on each license issued under this section of not more than $25 nor less than $10 to be deposited in the derelict fishing gear and coastal cleanup fund established in RSA 211:77, and shall adopt rules for implementing and collecting the surcharge. Any person who satisfactorily demonstrates to the executive director that he or she is participating in a coastal cleanup program, or the sea urchin or scallop fishery, shall not be required to pay the surcharge. The executive director shall adopt rules pursuant to RSA 541-A to determine satisfactory participation in a coastal cleanup program and to account for licensees who are exempt from the surcharge each year.
III. Licensees shall be responsible for conducting their fishing activities in compliance with rules adopted by the executive director under RSA 541-A.
IV. Any person so licensed shall furnish to the executive director such information concerning marine species and fishing activities as the executive director may require by rules adopted under RSA 541-A.
V. Any person convicted of violating any provision of this section shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person. In addition, the defendant's catch shall be confiscated and sold according to rules adopted by the executive director pursuant to RSA 541-A, the proceeds of such sale to become the property of the New Hampshire fish and game department.

Source. 1973, 348:2. 1983, 81:1. 1994, 150:1, 2. 1997, 10:6. 2004, 166:4. 2009, 10:4, eff. June 16, 2009; 83:1, eff. July 1, 2009. 2013, 129:2, eff. Jan. 1, 2014. 2015, 186:14, eff. July 1, 2015. 2021, 208:2, Pt. V, Sec. 4, eff. Jan. 1, 2022. 2025, 202:5, eff. Sept. 15, 2025.