reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:29 - Lobster Meat.

211:29 Lobster Meat. –
No person, firm or corporation shall transport, possess or offer for sale lobster meat from sources outside the jurisdiction of this state unless such meat shall comply with RSA 211:27. The inclusion of any such meat of less than the prescribed legal length within any container, package, receptacle or tray shall subject all such meat included in said container, package, receptacle, or tray to be forfeited and the possessor of such meat shall be subject to the penalty imposed for violation of RSA 211:27. Provided, however, that the provisions of this section shall not prohibit the sale of lobsters canned in hermetically sealed cans not requiring refrigeration when the contents of the cans do not weigh over eight ounces net. Nothing in the provisions of this section or RSA 211:27 shall prohibit the processing and distributing within the state by packers or processors located within or without the state of processed lobster meat for the purpose of canning or freezing for resale as processed stews, newburgs, chowders or pies, or prohibit wholesalers and retailers from selling processed lobster meat packed in stews, newburgs, chowders or pies providing they are licensed as required by RSA 211:38.
Source.
1951, 200:3; 231:1. RSA 211:29. 1955, 308:9. 1961, 145:1, eff. May 26, 1961.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:30 - Mutilated Lobsters.

211:30 Mutilated Lobsters. –
The possession of lobsters, or parts thereof, alive or dead, cooked or uncooked, mutilated in such manner as to make accurate measurements as prescribed in this chapter impossible, shall be prima facie evidence that they are not of required legal length. Provided that this section shall not apply to:
I. Hotels, restaurants, or individuals having in possession chopped lobster meat as provided in RSA 211:28 or lobster processed under a lobster tail permit in accordance with RSA 211:38-a.
II. Uncooked shell-on lobster tails processed outside of New Hampshire and offered for sale in this state.
Source.
1951, 200:3, par. 47-c. 2010, 56:3, eff. July 1, 2010. 2015, 101:2, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:31 - Limitation.

211:31 Limitation. –
I. No person, except the owner or a conservation officer, shall take up, lift, molest, have in his possession, or transfer any pot, trap, car or other contrivance that is set for the taking or holding of lobsters or crabs, nor take, remove or carry away from the beach or shore, any such pot, trap, car or other contrivance or warp or buoy without the written permission of the owner. In addition to the penalty for violation of this section, said person, if he holds a license, shall lose said license for one year.
II. The executive director of the fish and game department shall post sufficient permanent signs in proper places as the executive director deems necessary to inform the public of the provisions of RSA 211:31, I.
Source.
RL 245:48. 1951, 200:4. RSA 211:31. 1975, 301:1, eff. June 7, 1975.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:32 - Marking Pots and Traps.

211:32 Marking Pots and Traps. –
No person shall set any pot or trap for any lobster or crab without having the pot or trap and buoy attached, plainly carved or branded with his last name and initials. No person shall use or set in any tidal water any car or other contrivance for holding or keeping lobsters or crabs without having such car or contrivance plainly marked with the last name and initials carved or branded thereon. Any pots, traps, cars or other contrivance used to catch or store lobsters or crabs in violation of any provision hereof and any lobsters or crabs therein shall be forfeited.
Source.
RL 245:49. 1950, 12:10, eff. May 18, 1950.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:33 - Distinctive Colors.

211:33 Distinctive Colors. –
Each applicant for a lobster and crab license shall state the color scheme or other special markings of the buoys desired to be used by him. These colors, if approved by the executive director, shall be set forth in his license, and all buoys used by the licensee shall be marked accordingly. Also, each lobster boat must have painted said colors on port and starboard bow in a section not less than one foot square, or a freshly painted buoy set at the highest point on the boat excluding the mast and visible for 360 degrees. Such buoy or colors must be permanently attached at all times that lobster gear fished under that license is in the water.
Source.
1950, 12:11. 1951, 200:5. RSA 211:33. 1972, 25:1. 1975, 85:1, eff. June 14, 1975.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:34 - Traps on Trawls.

211:34 Traps on Trawls. –
No pot, trap or other contrivance for taking or holding lobsters or crabs shall be set or buoyed other than plainly and separately except as hereinbefore provided. When pots, traps, or other contrivances are set on trawls, buoys plainly marked as provided in RSA 211:32 and 33 shall be set on both ends of the trawls. Pot or trap trawls used for taking lobsters and crabs which contain less than 5 pots or traps may be plainly marked on one end.
Source.
1951, 200:6. 1997, 10:4. 2008, 320:1, eff. Aug. 31, 2008.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:35 - Repealed by 1985, 40:4, I, eff. June 8, 1985.

211:35 Repealed by 1985, 40:4, I, eff. June 8, 1985. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:36 - Repealed by 1985, 40:4, II, eff. June 8, 1985.

211:36 Repealed by 1985, 40:4, II, eff. June 8, 1985. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:37 - Prohibition.

211:37 Prohibition. –
If a conservation officer informs a person that his boat, automobile, truck, or any motor vehicle, wharf, dock or landing or contents thereof are about to be inspected, it is unlawful for the person to throw or dump or cause to be thrown or dumped from any boat, automobile, truck or other motor vehicle, dock, wharf, or landing, or destroy or cause to be destroyed any fish, lobsters, crabs, shellfish, or any pot, trap, car, contrivance, bag, box or other receptacle used for storing or catching lobsters or crabs, or the contents thereof, or any article or thing, or to cut loose any article or thing which may be attached to the boat, automobile, truck or any other motor vehicle, dock, wharf, or landing prior to the inspection. Any person who refuses or attempts to refuse to stand by for such inspection is guilty of a misdemeanor. The executive director shall suspend the license of the person for not less than one year. Any lobsters or crabs thrown or dumped or caused to be thrown or dumped in violation of this section are prima facie evidence that these lobsters or crabs were taken in violation of these statutes. A person is guilty of a violation for each lobster or crab which is thrown or dumped contrary to this section.
Source.
1941, 27:4. RL 245:52. 1947, 278:2. 1950, 12:12. RSA 211:37. 1965, 305:5. 1977, 588:38, eff. Sept. 16, 1977.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:38 - Lobster Meat.

211:38 Lobster Meat. –
No person shall sell lobster meat which has not been processed and sealed within containers which do not require refrigeration without first procuring a license to do so. Such license shall not be required for food service establishments licensed under RSA 143-A which purchase and sell processed and packaged lobster meat from a licensed wholesaler or processor. The executive director shall issue such license for a period of one calendar year pursuant to the provisions of RSA 211:39, RSA 211:49-aa, and RSA 211:49-c. The license shall expire on December 31 of each year.
Source.
RL 245:53. 1951, 200:7. RSA 211:38. 1961, 146:1. 1967, 48:1. 1985, 291:7. 2000, 256:2, eff. Aug. 11, 2000. 2021, 116:1, eff. Sept. 7, 2021.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:38-a - Lobster Tail Permit.

211:38-a Lobster Tail Permit. –
I. Any person who is licensed to engage in the wholesale trade of marine species in accordance with RSA 211:49-c may engage in the processing of lobster tails after procuring from the executive director a lobster tail permit. The lobster tail permit authorizes the licensee to remove a lobster tail from a legal sized lobster, as defined in RSA 211:27, I and II, and process that shell-on whole and intact lobster tail. No lobster greater than the maximum legal length as described in RSA 211:27, III shall be used for lobster tail processing. Processing shall only be conducted at the one location or place of business which is listed on the lobster tail permit. All containers in which shell-on lobster tails are packed to be sold, shipped, or transported must be clearly labeled with the name, address, and permit number of the packer along with a description of the product.
II. The executive director may adopt rules relative to the taking, inspection, and processing of lobster necessary for implementation and enforcement of this section in accordance with RSA 211:62 and which may also include rules for determining that lobster tails processed under this section were removed from legal-sized lobsters and other provisions as may be necessary.
III. Measurements for the purpose of inspection shall consist of removal of the cooked meat intact from the lobster tail section and measured to ascertain conformity with size restrictions as specified in RSA 211:27, II.
Source.
2010, 56:1, eff. July 1, 2010. 2011, 81:2, eff. May 16, 2011. 2015, 101:3, eff. Jan. 1, 2016.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:39 - Retail Dealer's License.

211:39 Retail Dealer's License. –
I. No person, firm or corporation shall engage in a retail trade in lobsters or crabs, without first having procured from the executive director a license therefor. Such license shall entitle the holder, as a retail dealer, to buy, sell, ship and transport lobsters and crabs in retail trade within and outside this state. A separate license shall be required for each market, store, vehicle or other facility where lobsters and crabs are sold in retail trade. A retail dealer's license shall not be required of a person to buy or transport lobsters and crabs that are possessed by him for consumption by himself or family, nor of a properly licensed fisherman who, by virtue of his lobster and crab license, may transport and sell any lobsters and crabs that have been lawfully taken by him.
II. The executive director shall set the fee pursuant to RSA 206:10, I, for retail dealer licenses issued under this section.
Source.
1950, 12:13. 1951, 200:8. RSA 211:39. 1967, 48:2, 3. 1985, 291:8. 1997, 10:5, eff. Jan. 1, 1998. 2015, 186:13, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:39-a - Repealed by 1997, 10:25, II, eff. Jan. 1, 1998.

211:39-a Repealed by 1997, 10:25, II, eff. Jan. 1, 1998. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:40 - Revocation.

211:40 Revocation. –
Any person holding a license under RSA 211:38 or 39 who is convicted of a violation of the laws relating to lobsters and crabs shall forfeit such license for not more than one year from the date of conviction in the discretion of the executive director.
Source.
1950, 12:14, eff. May 18, 1950.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:41 - Repealed by 1975, 340:14, I, eff. Aug. 6, 1975.

211:41 Repealed by 1975, 340:14, I, eff. Aug. 6, 1975. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:42 - Exceptions.

211:42 Exceptions. –
The provisions of this subdivision relative to taking marine species shall not apply to transportation of marine species in interstate commerce where shipment originated outside the state and is consigned outside the state.
Source.
1951, 200:10. RSA 211:42. 1975, 340:10, eff. Aug. 6, 1975.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:43 - Definition.

211:43 Definition. –
The word "resident" as used in this subdivision when applied to a corporation shall mean a corporation organized under the laws of this state. The word "nonresident" as used in this subdivision when applied to a corporation shall mean a corporation organized under the laws of another state.
Source.
1951, 200:12, eff. Jan. 1, 1952.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:44 - Penalties.

211:44 Penalties. –
Any person who violates a provision of this subdivision shall be penalized as follows:
I. For each offense under RSA 211:22, 23, 23-a, 32, 34, 38 or 39 shall be guilty of a violation if a natural person, or guilty of a misdemeanor if any other person.
II. For an offense under RSA 211:18, 18-a, 20, 21, 31, any person shall be guilty of a misdemeanor.
III. For an offense under RSA 211:24, 25, 26, 27, or 29, any person shall be guilty of a violation, and each lobster or crab or parts thereof involved will constitute a separate offense.
IV. [Repealed.]
Source.
RL 245:56. 1951, 200:11. RSA 211:44. 1965, 305:6. 1973, 528:122. 1975, 340:14, II. 1985, 40:1, eff. June 8, 1985.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:44-a - Repealed by 1975, 340:14, III, eff. Aug. 6, 1975.

211:44-a Repealed by 1975, 340:14, III, eff. Aug. 6, 1975. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:46 - Repealed by 1985, 40:4, III, eff. June 8, 1985.

211:46 Repealed by 1985, 40:4, III, eff. June 8, 1985. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:47 - Repealed by 2009, 103:12, I, and 2009, 144:143, I, eff. Jan. 1, 2011.

211:47 Repealed by 2009, 103:12, I, and 2009, 144:143, I, eff. Jan. 1, 2011. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:48 - Seines, Nets and Weirs; Exemption.

211:48 Seines, Nets and Weirs;  Exemption. –
I. No person shall use a seine or net or weir for the taking of salt water smelt in Great Bay, Little Bay, Piscataqua River, Squamscot River, Oyster River, Bellamy River, Lamprey River and their tributaries, except that salt water smelt may be taken by the use of a bow net in the Oyster River, the Squamscot River, Bellamy River and Lamprey River only, and by dip net held in hand in the Bellamy River, Oyster River, Lamprey River and Squamscot River only, provided that any person who at any time during the 3 years immediately preceding the enactment of this act has owned and operated a weir or weirs for taking of salt water smelt in these waters and who files the information hereinafter required with the executive director, fish and game, within 90 days after enactment of this act, may continue to operate said weir or weirs in the same location or locations and to no greater extent and in no larger size than he has previously operated during that 3-year period. The information to be filed as provided herein shall include name and address of the owner and operator of the weir or weirs, the location, length and description of same and such other information as the executive director, fish and game, may require to establish the facts as to the person's prior ownership and operation and his right to continue to operate.
II. Those fishermen who have filed information with the executive director pursuant to paragraph I shall be, for the duration of their respective lives, permitted to continue to operate their weirs consistent with the information filed with the executive director regardless of any state laws or regulations. These exemptions are non-assignable and shall terminate upon the death of each registered fisherman.
Source.
RL 245:58. RSA 211:48. 1959, 306:2. 1969, 207:1. 1971, 191:1. 1979, 51:1, eff. April 13, 1979.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:48-a - River Herring.

211:48-a River Herring. –
A resident of this state or a nonresident who is licensed under RSA 211:49-a may use a seine, net, or weir for the taking of river herring from the waters of New Hampshire.
Source.
1967, 183:1. 1977, 201:1. 1978, 40:10. 2004, 166:3. 2009, 10:1, eff. June 16, 2009.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:48-b - Use of Nets; Lamprey River.

211:48-b Use of Nets;  Lamprey River. –
I. No person shall use any type of net or weir for the taking of fin fish from the downstream side of the McCallen Dam to a line perpendicular with the 2 riverbanks from the north side of the Newmarket boat launch ramp except that the executive director of the New Hampshire fish and game department may permit netting as the executive director deems necessary for propagation and scientific purposes.
II. Notwithstanding any rules to the contrary, except as limited by this section, any resident as defined in RSA 207:1, XXIII may set or use a net or weir in the remaining tidal portion of the Lamprey River or tributaries for the taking of river herring only to a point downstream to a point perpendicular with the 2 river banks from Shackfords point to Moody point in the town of Newmarket, provided that said person shall obtain a permit under rules as adopted in accordance with RSA 541-A which shall be granted by the executive director. Such permittee shall be required to submit a report under rules as adopted in accordance with RSA 541-A and said information shall be a public record.
III. No person shall set or use nets or weirs in the Lamprey River unless such nets meet the following requirements:
(a) No person shall set or arrange a weir at any time to an extent greater than from one shoreline to the thread of the stream, nor shall any person set or use any gill net greater than 100 feet in total length from one shoreline outward to the thread of the stream. Such nets shall be stationary, pulled tight and straight and shall remain in a fixed position and the permittee shall be in attendance at all times.
(b) No person shall set or use a weir or net within 1,000 feet of another net. The distance between nets shall be measured in linear feet along the thread of the stream.
(c) No person shall take river herring from the waters of the Lamprey River by any method between sunrise Wednesday and sunrise Thursday of any week. During such period all nets shall be removed and a weir shall be constructed so that total escapement of all river herring shall occur.
(d) Use of nets, except weirs, shall be restricted to the period of sunrise to sunset.
IV. Any person who previously operated a weir during 1986 or who was exempt under the provisions of RSA 211:48, II shall have exclusive priority as to the location of such weirs. This section shall not interfere with those fishermen as described in RSA 211:48, II.
Source.
1987, 192:1. 1995, 9:26. 2009, 10:2, 3, eff. June 16, 2009.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:49 - Cod, Etc.

211:49 Cod, Etc. –
I. No person shall use mobile gear, including but not limited to, otter trawls, mid-water trawls, beam trawls, pair trawls, purse seines, Scottish seines or drag seines in any form for the taking of any finfish or crustaceans in the waters under the jurisdiction of the state. The taking of all species of salmon (Salmonidae) and striped bass (Morone Saxatilis) is prohibited at any time by netting in any form. Nothing in this paragraph shall prohibit the setting of lobster traps or trawls for the taking of lobsters and crabs.
II. The executive director may open and close the waters, or parts thereof, under the jurisdiction of the state to the taking of marine species by mobile gear pursuant to RSA 541-A and consistent with sound conservation and management practices. In addition to penalties established under RSA 211:58, violation of this section may result in confiscation of all fishing gear used in such violation.
Source.
RL 245:59. 1949, 289:1. RSA 211:49. 1971, 501:1. 1973, 549:1. 1975, 62:1. 1983, 219:1. 1985, 40:2, 5. 1993, 51:2, eff. June 15, 1993.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:49-a - Nonresident Commercial Salt Water License.

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, 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.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:49-aa - Nonresident Wholesaler License.

211:49-aa Nonresident Wholesaler License. –
I. Any person, firm, or corporation who does not qualify as a resident under RSA 207:1 or RSA 211:43 and who is engaged in a wholesale trade in any marine species shall first procure a valid license from the executive director to do so in this state. The license shall entitle the licensee to buy, sell, process, and transport any marine species in wholesale trade within the state and to ship any marine species within and outside the state. A separate extra facility license shall be required for each market, store, vehicle, or facility where such marine species are bought or sold at wholesale. A nonresident wholesale license shall not be required by a person properly licensed pursuant to RSA 211:49-a. The fees for an annual license and for each extra facility license shall be set by the executive director pursuant to RSA 206:10, I. A copy of the license shall be carried in each vehicle and displayed at all facilities.
II. No person, firm, or corporation, whose ship, vessel, or similar craft is within the territorial waters of this state shall engage in the processing or wholesale trade of any marine species, excluding northern shrimp, lobster, and crabs, without first procuring a license under this section.
III. The license under this section shall not entitle a person, firm, or corporation to transport on state waters lobsters and crabs or northern shrimp taken outside the jurisdiction of the state via ship, vessel, or similar craft for the purposes of landing the lobsters and crabs in the state as permitted under RSA 211:49-d and the northern shrimp in this state under RSA 211:49-e.
Source.
1988, 99:1. 1990, 32:1. 1997, 10:7. 2009, 83:2, eff. July 1, 2009. 2013, 129:3, eff. Jan. 1, 2014. 2015, 186:15, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:49-b - Resident Commercial Salt Water License.

211:49-b Resident Commercial Salt Water License. –
I. Any resident of this state who takes, possesses, lands, or transports on the waters of this state any marine species by any method for the purpose of sale, regardless of where the catch was taken, 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.
II. The fee for such 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. Any person so licensed shall furnish to the executive director such information concerning the marine species or fishing activities as the executive director may require by rule.
IV. Licensees shall be responsible for conducting their fishing activities in compliance with the rules adopted by the executive director 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 and 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 and the proceeds of such sale shall become the property of the New Hampshire fish and game department.
Source.
1983, 254:1. 1986, 9:2. 1991, 229:3. 1994, 150:3. 1997, 10:8. 2004, 166:5, eff. May 24, 2004. 2013, 129:4, eff. Jan. 1, 2014. 2015, 186:16, eff. July 1, 2015. 2021, 208:2, Pt. V, Sec. 5, eff. Jan. 1, 2022.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:49-c - Resident Wholesaler License.

211:49-c Resident Wholesaler License. –
I. Any person, firm, or corporation engaged in a wholesale trade in any marine species shall first procure from the executive director a license to do so. Said license shall entitle the licensee to buy, sell, process, and transport any marine species in wholesale trade within the state and to ship any marine species within and outside the state. A separate extra facility license shall be required for each market, store, vehicle, or facility where such marine species are bought or sold at wholesale. A resident wholesaler license shall not be required by a person properly licensed pursuant to RSA 211:49-b. The fees for an annual license and for each extra facility license shall be set by the executive director pursuant to RSA 206:10, I. A copy of the license shall be carried in each vehicle and displayed at all facilities.
II. Any person, firm, or corporation, whose ship, vessel, or similar craft is within the territorial waters of this state and engaged in the processing or wholesale trade of any marine species, excluding northern shrimp, lobster, and crabs, shall first procure a license as required under this section.
Source.
1988, 99:2. 1990, 32:2. 1997, 10:9, eff. Jan. 1, 1998. 2013, 129:5, eff. Jan. 1, 2014. 2015, 186:17, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:49-d - Landing License; Lobster and Crabs.

211:49-d Landing License;  Lobster and Crabs. –
Any person who is not licensed under RSA 211:18, RSA 211:49-a, or RSA 211:49-b and wishes to transport in state waters lobsters and crabs taken outside the jurisdiction of the state via ship, vessel, or similar craft in state waters for the purposes of landing the lobsters and crabs in the state must first procure a landing license. This shall allow the licensee to sell lobster and crab landed under such person's license. The fee for annual licenses for residents and nonresidents shall be set by the executive director pursuant to RSA 206:10, I.
Source.
2009, 83:3, eff. July 1, 2009. 2011, 81:3, eff. Jan. 1, 2012. 2015, 186:18, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:49-e - Commercial Shrimp License.

211:49-e Commercial Shrimp License. –
I. Any resident of this state, or an eligible nonresident, who takes, possesses, lands, or transports northern shrimp (Pandalus borealis) on the waters of this state by any method for the purpose of sale, regardless of where the catch was taken, shall first procure a valid license from the executive director to do so.
II. The fees for the northern shrimp resident and nonresident licenses shall be set by the executive director pursuant to RSA 206:10, I.
III. A nonresident shall not be eligible to obtain a commercial shrimp license unless the state in which such person is a resident provides a reciprocal licensing privilege for residents of this state.
IV. The license shall be for the operator of the boat, vessel, flotation device, or gear, and helpers.
V. Any person so licensed shall furnish to the executive director such information concerning the harvest or fishing activities for northern shrimp as the executive director may require by rule.
VI. Licensees shall be responsible for conducting their fishing activities in compliance with the rules adopted by the executive director under RSA 211:62.
VII. Any person convicted of violating any provision of this section shall be guilty of a violation if a natural person and 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 and the proceeds of such sale shall become the property of the New Hampshire fish and game department.
VIII. The executive director may adopt rules to establish the number of commercial shrimp licenses available under this section. The executive director may adopt rules to establish eligibility criteria for an individual to be eligible to purchase a commercial shrimp license.
Source.
2013, 129:1, eff. Jan. 1, 2014. 2015, 186:19, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:50 - Repealed by 1985, 40:4, IV, eff. June 8, 1985.

211:50 Repealed by 1985, 40:4, IV, eff. June 8, 1985. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:51, 211:52 - Repealed by 1957, 251:2, eff. Jan. 1, 1958.

211:51, 211:52 Repealed by 1957, 251:2, eff. Jan. 1, 1958. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:53 - Sale Prohibited.

211:53 Sale Prohibited. –
No person shall at any time sell or take for sale oysters from the waters under the jurisdiction of the state, except as provided for in RSA 211:62-e.
Source.
1949, 237:2. RSA 211:53. 1991, 229:4. 1994, 151:1, eff. May 23, 1994.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:55-a - Sand Eels.

211:55-a Sand Eels. –
No person shall take sand eels by the use of a seine, weir or net except residents of this state.
Source.
1973, 312:1, eff. June 26, 1973.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:56 - to 211:57 Repealed by 1957, 251:2, eff. Jan. 1, 1958.

211:56 to 211:57 Repealed by 1957, 251:2, eff. Jan. 1, 1958. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:58 - Penalties.

211:58 Penalties. –
Violators of this subdivision shall be guilty of the following for each offense:
I. RSA 211:48, 48-a and 55 shall constitute a violation.
II. RSA 211:49 shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source.
RL 245:65. 1945, 67:2. RSA 211:58. 1955, 308:5. 1967, 183:1. 1971, 501:2. 1973, 528:123. 1977, 171:1. 1979, 38:2, 3. 1985, 40:3, eff. June 8, 1985.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:60 - Advisory Committee on Marine Fisheries.

211:60 Advisory Committee on Marine Fisheries. –
I. There is established an advisory committee on marine fisheries to recommend programs and policies regarding marine fisheries to the fish and game commission. The advisory committee shall consist of 5 members and one alternate member, all with expertise in marine fisheries, who shall be residents of the tidewater towns, as defined in RSA 206:2-a, 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.
Source.
1957, 176:1. 1991, 229:5. 1998, 86:1. 2004, 166:8, eff. May 24, 2004. 2022, 323:32, eff. Sept. 6, 2022.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:61 - Clams, Lobsters.

211:61 Clams, Lobsters. –
The advisory committee on 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.
Source.
1957, 251:1. 1965, 303:1. 1967, 55:1. 1991, 229:6. 2004, 166:9, eff. May 24, 2004.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:61-a - Repealed by 1991, 229:12, eff. Aug. 9, 1991.

211:61-a Repealed by 1991, 229:12, eff. Aug. 9, 1991. –
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:61-b - Cooperation with Federal Agencies.

211:61-b Cooperation with Federal Agencies. –
Notwithstanding any other provision of this chapter to the contrary, the executive director of the department of fish and game is hereby authorized to make application to the United States Department of Commerce for cooperation and assistance in the carrying out of projects authorized by the Congress of the United States under the provisions of the Commercial Fisheries Research and Development Act of 1964, as amended. Such funds as may become available for the purposes of improving and developing the natural resources of Seabrook Harbor under the terms of the Commercial Fisheries Research and Development Act may be used for purposes consistent with the regulations of the United States Department of Commerce.
Source.
1965, 248:1. 1983, 219:2, eff. Aug. 15, 1983.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:62 - Authority for Regulating Taking, Inspection and Processing of Marine Species.

211:62 Authority for Regulating Taking, Inspection and Processing of Marine Species. –
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 marine fisheries.
II. The rules relating to marine species may include, but are not limited to, the following:
(a) The size, number, sex, and quantity that may be taken;
(b) The areas to be opened or closed to their taking;
(c) The manner of their taking;
(d) The transportation of marine species within and through the state of New Hampshire;
(e) The sale, inspection, and processing of marine species; and
(f) Appropriate definitions.
III. Existing rules shall continue in effect until the effective date of new rules adopted in accordance with RSA 541-A.
IV. Conservation officers shall have the authority granted to public health officers and agents under RSA 143:4; RSA 143:23 through 28; and RSA 146:20, for the purpose of enforcing laws and rules pertaining to marine species.
V. Rules pertaining to marine species managed under the Atlantic States Marine Fisheries Compact under RSA 213 and the Magnuson-Stevens Fishery Conservation and Management Act under 16 U.S.C. section 1801, et seq., shall be exempt from the rulemaking requirements of RSA 541-A. The executive director may adopt such rules after notice and hearing as determined by the executive director to be practicable. Rules adopted under this paragraph shall be filed with the director of legislative services and with the joint legislative committee on administrative rules.
Source.
1957, 251:1. 1959, 194:1. 1963, 320:1. 1967, 411:1. 1983, 229:1. 1990, 178:2. 1991, 229:7-9. 1995, 82:1. 2004, 166:10, eff. May 24, 2004. 2019, 78:1, eff. Aug. 17, 2019.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:62-a - License for Taking.

211:62-a License for Taking. –
No person shall at any time take oysters unless the person is a resident of the state and has been duly licensed as provided in this section. Any resident of this state shall, upon application to the executive director of the fish and game department, be granted a license to take oysters upon payment of a fee set by the executive director pursuant to RSA 206:10, I. Such license shall be issued for the current calendar year. The executive director of the fish and game department shall make readily available such licenses as are covered by this section through its regular outlets. A person who furnishes to another person or permits another person to have or use the person's oyster license or the license of any other person, or changes or alters such license or uses a license issued to another person, or makes a false statement in an application to obtain said license shall be subjected to the penalty under RSA 211:64.
Source.
1959, 194:2. 1967, 383:1. 1969, 63:3. 1971, 240:1. 1977, 286:3. 1981, 498:6. 1985, 291:10. 1986, 214:5. 1995, 238:1. 1997, 10:10. 2001, 252:7, eff. Jan. 1, 2002; 252:8, eff. Jan. 1, 2003. 2015, 186:20, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:62-aa - Exception for Aged Persons.

211:62-aa Exception for Aged Persons. –
No fee, including the agent's fee, shall be required for the issuance of a license under the provisions of RSA 211:62-a for taking oysters of a resident of the state who is 68 years of age or over. Such license shall be effective for the remainder of such resident's life, as long as the applicant remains a resident of the state, unless sooner suspended or revoked by the executive director. The minimum residency requirements of RSA 214:7-b are applicable.
Source.
1967, 3:1. 1973, 44:1. 1983, 35:1. 1985, 291:24. 1995, 238:2. 1997, 10:11, eff. Jan. 1, 1998.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:62-c - Motor Vehicles Restricted from Clam Flats.

211:62-c Motor Vehicles Restricted from Clam Flats. –
No person shall operate or cause to be operated any motor vehicle at any time on or over any clam flats under the jurisdiction of this state. For the purposes of this section, clam flats are defined as any tidal area that is exposed at low tide and capable of growing clams. This section shall not apply in cases of emergency travel required in law enforcement or rescue operations nor when travel is authorized by the Pease development authority, division of ports and harbors or New Hampshire fish and game department for projects designed for the improvement of the natural resources of the state. Whoever violates this section is guilty of a violation, and his or her fish and game licenses shall be subject to revocation for a period not to exceed one year.
Source.
1965, 157:1. 1977, 588:43. 2001, 290:10, eff. July 1, 2001.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:62-d - Clams in Coastal Waters.

211:62-d Clams in Coastal Waters. –
No one other than an individual natural person who is a bona fide resident of the state, and who has obtained a commercial clamming license, may at any time commercially harvest or take the following from ocean waters within the jurisdiction of the state, black clams (Cyprina islandica), sea clams (Spisula solidissima), and razor clams (Enis directus). No such person authorized by this section to take such clams may take more than 500 bushels of unshucked clams daily. The fee for a commercial clamming license shall be set by the executive director pursuant to RSA 206:10, I.
Source.
1973, 210:1, eff. June 12, 1973. 2015, 186:21, eff. July 1, 2015.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:62-f - Illegal Taking of Clams.

211:62-f Illegal Taking of Clams. –
I. Notwithstanding any other law to the contrary, a person is guilty of a misdemeanor if such person:
(a) Takes clams (Mya arenaria) between the hours of
1/2 hour after sunset and
1/2 hour before sunrise.
(b) Takes or possesses in one calendar day more than one bushel, liquid measure, of unshucked clams, while on or leaving any clam flat or any waters under the jurisdiction of this state.
II. Any person convicted of violating subparagraph I(a) or I(b) shall forfeit such boats, motors, oars, forks or any other equipment used or usable in the illegal clamming at the time of such offense.
Source.
1994, 217:1, eff. May 25, 1994.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:63-a - Emergency Closing.

211:63-a Emergency Closing. –
Any rules adopted under the authority of RSA 211:62 may be suspended and the taking of bivalves may be prohibited in any area when the department of environmental services shall determine that accidental pollution exists in the area. The emergency closing shall be ordered by the executive director without a hearing. The executive director after a hearing shall have authority to order a partial closing of clam, oyster, and other bivalve areas for the purpose of management of the areas by rotation. When such management closing is ordered the order shall be effective immediately without a waiting period.
Source.
1967, 55:3. 1983, 291:1. 1995, 238:5; 310:181. 1999, 112:3, eff. Aug. 9, 1999.
2023 New Hampshire Revised Statutes › Title XVIII - Fish and Game › Chapter 211 - Fish, Shellfish, Lobsters and Crabs › Section 211:63-b - Closing for Restoration.

211:63-b Closing for Restoration. –
The executive director, after a public hearing, may order a closing of clam, oyster, and other bivalve areas for the purpose of restoration of the area, provided that the closure will not unduly interfere with existing or anticipated commercial or recreational activities. When such closing for restoration is ordered, the order shall be effective immediately without a waiting period and shall continue in effect for a period of not more than 5 years. No more than 50 acres shall be closed at any time.
Source.
2015, 110:1, eff. Aug. 7, 2015.