Bill Text: NH HB442 | 2023 | Regular Session | Amended
Bill Title: Relative to the removal of derelict fishing gear.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Passed) 2023-08-09 - Signed by Governor Sununu 08/04/2023; Chapter 195; eff: 07/01/2023 House Journal 17 [HB442 Detail]
Download: New_Hampshire-2023-HB442-Amended.html
HB 442-FN - AS AMENDED BY THE SENATE
22Mar2023... 0709h
05/18/2023 1885s
2023 SESSION
23-0741
04/10
HOUSE BILL 442-FN
AN ACT relative to the removal of derelict fishing gear.
SPONSORS: Rep. Hill, Merr. 2; Rep. Ankarberg, Straf. 7; Rep. Weyler, Rock. 14; Rep. Spillane, Rock. 2; Rep. Janvrin, Rock. 40; Rep. Lewicke, Hills. 36; Sen. Pearl, Dist 17
COMMITTEE: Fish and Game and Marine Resources
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AMENDED ANALYSIS
This bill requires the executive director of the department of fish and game to schedule events for the collection, retrieval, and disposal of derelict fishing gear in coastal waters and making an appropriation therefor.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
22Mar2023... 0709h
05/18/2023 1885s 23-0741
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to the removal of derelict fishing gear.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that:
I. Derelict fishing gear in the coastal waters of New Hampshire presents a hazard to the marine ecosystem and proper removal and disposal of the abandoned or derelict fishing gear is a worthwhile project.
II. New Hampshire needs a rapid response to the call for a significant clean-up effort of all derelict fishing gear in our coastal waters.
III. A useful component to the clean-up effort is in the addition of stakeholders to assist in removal of the derelict fishing gear.
2 Department of Fish and Game; Derelict Fishing Gear.
I. The executive director of the department of fish and game shall schedule events and coordinate with volunteers to locate, remove, and dispose of derelict fishing gear off the coast of New Hampshire. Such events shall only be funded from the additional funding provided in section 3 of this act to derelict fishing gear and coastal clean up fund under RSA 211:77. The executive director shall schedule at least 3 such events in 2024 and 3 such events in 2025 unless funding is insufficient to execute such events.
II. Before disposal, the executive director shall attempt to notify the owner of retrieved derelict gear by information contained in department records and any contact information shown on trap tags indicating the owner. In the event that there is no identifying marker, the owner fails to claim the derelict gear within 30 days of being notified by the department, or the owner verbally dismisses their claim on the derelict gear to the executive director after notification, then the executive director may dispose of the derelict fishing gear or authorize the disposal in any suitable fashion at his or her discretion.
III. In this section, "derelict fishing gear" means:
(a) Any lobster pot, trap, warp, or live car found in New Hampshire waters that does not have a surface buoy connected directly or indirectly to the equipment.
(b) Fishing gear absent a valid trap tag indicating the owner's name and contact information.
(c) Fishing gear that is plainly visible to law enforcement to be abandoned, lost, or derelict.
3 Department of Fish and Game; Appropriation. The sum of $100,000 for the fiscal year ending June 30, 2024 and the sum of $100,000 for the fiscal year ending June 30, 2025, is hereby appropriated to the derelict fishing gear and coastal cleanup fund established in RSA 211:77 and administered by the department of fish and game to provide funding for the removal of derelict fishing gear. Such funds shall be expended by December 31 of the corresponding calendar year. Said appropriation shall be in addition to any other sums appropriated for this purpose, shall not be transferred of expended for any other purpose. Any unexpended funds shall lapse to the general fund. The governor is authorized to draw a warrant for said sums put of any money in the treasury not otherwise appropriated.
4 Effective Date. This act shall take effect July 1, 2023.
23-0741
Amended 4/17/23
HB 442-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2023-0709h)
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ ] General [ ] Education [ ] Highway [ X ] Other - Fish and Game Fund / Derelict Fishing Gear and Coastal Cleanup Fund / Other | |||
METHODOLOGY:
This bill establishes a recreational scuba diving license that would allow a diver to harvest lobster for personal consumption. The Fish and Game Department has identified three areas of this bill with fiscal impacts:
License Revenue
The number of licenses shall be capped at 100 per year and fees for the license are to be set by rules, but any fees collected for these licenses are to be deposited into the derelict fishing gear and coastal cleanup fund established by RSA 211:77. The Fish and Game Department states it cannot estimate the number of recreational scuba diving lobster licenses that would be sold, however assumes the fee will be set somewhere between $40-$70, therefore generating a maximum of $4,000-$7,000 in annual fee revenue, should all 100 licenses be issued.
Creation of Educational Course
This bill requires the Fish and Game Department to create and administer an educational course to instruct divers on permissible scuba diving lobster activities. The Department assumes associated costs would include not only the initial creation of such a course, but also the ongoing administration and instruction. The Department cannot estimate such costs until the course curriculum is developed, and put out for a bid, and the method of instruction is decided upon (whether it be a contractor, volunteer, or staff training in educating the public). As a guide from other Department education courses, the estimated range for annual costs of such an education program would be $300,000 – $500,000, after development of the diving education program. Although the language suggests the Department may use federal funds to offset the expenses involved, the Department states it is unclear if there are federal funds available for this purpose.
Online Registration System
This bill requires the Department create an online registration system for scuba divers to report their daily catch within 12 hours of harvest. The Department cannot determine the costs associated with the development of such an on-line registration/reporting system until we put the request out for a bid. There will also be ongoing costs associated with maintenance and updating such a system. An estimate of development and maintenance of such a system from the Atlantic Coastal Cooperative Statistics Program is $300,000. This estimate is the start-up costs and does not include annual costs and maintenance after initiation of the program.
It is assumed any fiscal impact will occur after FY 2023.
AGENCIES CONTACTED:
Fish and Game Department
