Section 211:18 License.
I. No person shall take lobsters and crabs from any water under the jurisdiction of this state without first procuring a valid and proper license to do so as provided in paragraph III. No such taking shall occur during the time from sunset to one hour before sunrise. The executive director shall adopt rules pursuant to RSA 211:62 relative to the licenses to be issued under paragraph III including, but not limited to, terms, limits, eligibility, transferability, sale, exemptions, revocation, trap tag fees, and control of entry date.
I-a. Any person who purchases a license to take lobster and crabs in waters of the state of New Hampshire pursuant to this section shall be deemed to have given consent to law enforcement officers to haul, for any purpose, their lobster and crab gear set for the purpose of taking or keeping lobster and crabs within the jurisdiction of the state of New Hampshire.
II. [Repealed.]
II-a. A person who is a resident of a state that provides reciprocal commercial permits or licenses to take lobsters to New Hampshire residents may take lobsters or crabs commercially upon first obtaining a license from the department, if the person's commercial license from the person's state of residence provides at least the equivalent number of traps allowed in the respective license class sought pursuant to this section.
III. The following fees shall apply to the following licenses:
(a) If a person is a resident of this state and does not take lobsters or crabs for the purpose of selling them and does not use more than 5 traps, the person may receive a noncommercial license for the fee of $35.
(b) (1) Any individual who possessed a valid commercial lobster and crab license or resident wholesale dealer's license pursuant to RSA 211:49-c or the provisions of former RSA 211:39-a in this state or any state that provides reciprocal permits or licenses as specified in paragraph II-a in any year from 1994 to 1998, inclusive, and who had documented landings of more than 12,000 pounds of lobster and crab in at least 2 of those years shall be eligible to receive a commercial lobster and crab license.
(2) Notwithstanding subparagraph (b)(1), the executive director may adopt rules to increase the number of commercial licenses available under this subparagraph from only those individuals who hold a valid limited commercial license, provided that any increase in licenses complies with the Atlantic States Marine Fisheries Commission lobster management plan.
(3) The fee for a resident commercial lobster and crab license shall be $300 and the fee for a nonresident commercial lobster and crab license shall be $600.
(c) Any individual who is not eligible for the commercial license under subparagraph (b) and any other individual engaged in commercial taking of lobster and crab may receive a limited commercial license. The fee for a resident limited commercial lobster and crab license shall be $103 for new licensees on and after January 1, 2006, and $175 for licensees who held a limited commercial license prior to January 1, 2006. The fee for a nonresident, limited commercial lobster and crab license shall be $350.
IV. [Repealed.]
V. Nothing in this section shall pertain to the taking of green crabs.
Source. RL 245:42. 1950, 12:2. 1951, 200:1. RSA 211:18. 1965, 305:1. 1977, 286:1. 1981, 498:5. 1986, 214:4. 1987, 62:3, eff. April 29, 1987. 1996, 246:1, eff. June 10, 1996; 246:2, eff. June 30, 1998. 1998, 116:1, 2, eff. Jan. 1, 1999. 1999, 26:4, II, eff. July 1, 1999. 2004, 166:2, eff. May 24, 2004. 2005, 204:1, eff. Aug. 30, 2005. 2006, 140:1, eff. Jan. 1, 2007.