Title XVIII, Fish and Game

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…

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 fi…

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…

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 l…

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…

I. 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…

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 licens…

If the laws of the state of Vermont permit fishing in that part of the Connecticut River lying within that state by persons legally licensed to fish in New Hampshire or otherwise entitled under the laws of this state to fish in that part of said river lying within this state, res…

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.

No person shall take sand eels by the use of a seine, weir or net except residents of this state.

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.

Any person who violates any of the provisions of RSA 211:2, 4 and 5 hereof or special rules and regulations made thereunder shall be guilty of a violation and in addition shall be guilty of a violation for each fish taken or possessed in violation thereof.

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…

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 spe…

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 autho…

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…

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…

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…

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 …

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 isl…

I. The purpose of this section is to encourage the orderly development of aquaculture in the state, while ensuring that aquaculture operations do not adversely impact upon the state's aquatic and marine resources and do not pose unacceptable disease, ecological, environmental, he…

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 mea…

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 …

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 su…

I. Any person who violates the provisions of RSA 211:62-a, 211:64-b, or any rule adopted by the executive director relative to clams, clam worms, and oysters shall be guilty of a violation. II. Any person taking clams in excess of the limits provided by regulation promulgated und…

Whoever violates the provisions of RSA 211:62-d or any rule or regulation promulgated by the executive director as hereinbefore provided relative to clams or other offshore resources shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person, …

No person shall at any time take clams for such person's own use unless the person is a resident of the state and has been duly licensed as provided in this section. Any person 6 years of age or older shall, upon application to the executive director of the fish and game departme…

No fee, including the agent's fee, shall be required for the issuance of a license under the provisions of RSA 211:64-b for the taking of clams by 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…

A division of marine fisheries is established in the department of fish and game. The division is responsible for the regulation and promotion of both recreational and commercial marine fishing in the salt waters of the state.

The term "marine fisheries" as used in this subdivision shall be construed as referring to the management of marine species.

The executive director of fish and game shall exercise general supervision over the division of marine fisheries and is authorized to hold hearings and adopt rules as provided by statute.

The executive director of the fish and game department shall appoint a marine biologist of adequate training and experience to be the chief of the division of marine fisheries. The executive director shall employ the necessary office, enforcement, and field help for the control a…

No person shall take any fish by the use of any poisonous, stupefying or explosive substance. Possession of any such substance by any person on the waters, shores, or islands of this state, except for mining or mechanical purposes, shall be prima facie evidence that the same is p…

Whoever unlawfully discharges contaminants into the inland or coastal waters of the state shall be liable to the state for any damage to the fish, other aquatic life and wildlife or their habitat in said waters caused by such contamination.

Upon learning of damage to fish and other aquatic life or wildlife and/or their habitat occasioned by contamination, the executive director of the department of fish and game or his designated agent shall investigate and determine the party responsible. He shall compute the damag…

The executive director shall notify the department of environmental services or any other department of the state authorized by law to seek injunctive relief against water pollution if the contamination is a continuing offense.

When, in the opinion of the executive director, the damage to fish life and other aquatic life, or wildlife, or their habitat, so warrants, he shall request the attorney general to institute an action at law for damage to fish life and other aquatic life, or wildlife, or their ha…

Any conservation officer shall have power: I. To search without a warrant and examine any person or any boat, conveyance, vehicle, box, bag, locker, traps, crate or other receptacle or container for marine species, when the conservation officer has reasonable and articulable susp…

I. A person who violates any statutes pertaining to marine species where no penalty is provided shall, if a natural person, be guilty of a violation and, if any other person, be guilty of a misdemeanor. II. A person who violates any rule or regulation promulgated by the executive…

There is hereby established a separate fund to be known as the derelict fishing gear and coastal cleanup fund. The fund shall be administered by the executive director and shall be nonlapsing and continually appropriated to the executive director for the purposes of this section.…

No person shall, by means of rack, screen, weir or other obstruction, in any stream or river, or the inlet or outlet of a public pond, prevent the passage of fish except as provided in RSA 211:8-c.

Fish passage facilities shall be constructed and maintained at existing dams or obstructions in accordance with the following procedure: I. After the executive director of the fish and game department has made a determination that a fish passage facility is needed at an existing …

The executive director or his representative may, from time to time, enter and inspect any dam or impoundment in any river or stream, or inlet or outlet of any pond located within the state of New Hampshire to insure the adequate installation, maintenance and operation of fish pa…

The provisions of RSA 211:8-a shall not apply to those dams under license by the federal power commission.

A dip net held in hand may be used to assist in the taking of fish attached to a hook. A circular drop net, not more than 48 inches in diameter, or a square net of equal area, may be used for taking minnows for bait, from waters not inhabited by trout. Minnow traps may be set for…

The state may acquire title to or control of lands or waters, or hunting or fishing or other rights on private lands or waters, suitable for the protection and propagation of fish, game and fur-bearing animals, or for fishing or hunting or administrative purposes, by purchase, le…