N.H. Admin. Code § Fis 2002.01

Current through Register No. 50, December 12, 2024

Section Fis 2002.01 - Qualification Criteria

(a) Program funds shall be distributed to the following six categories of the groundfish industry: for-hire, full-time commercial, part-time commercial, inactive commercial, crew, shoreside businesses, and Sector XI permit bank. The purpose of the program is to financially support NH's groundfish industry due to a declared commercial fishery failure for the NE Multispecies Groundfish fishery by the United States Secretary of Commerce. The program funds shall be distributed according to the following criteria:

(1) For-Hire: An individual shall qualify for a share of the for-hire portion of the Program funds if the individual meets the following criteria:

a. The individual was issued a NH charter or party boat license pursuant to RSA 214:9, XVI and either a National Oceanic and Atmospheric Administration (NOAA) Fisheries limited access NE multispecies permit or NOAA Fisheries open access charter/party permit in at least 3 of the 4 for-hire qualifying years; however, if 2010 is one of the for-hire qualifying years, the individual must only have been issued either a NOAA Fisheries limited access NE multispecies permit or NOAA Fisheries open access charter/party permit for that year; and

b. The individual was the owner of the National Oceanic and Atmospheric Administration (NOAA) Fisheries limited access NE multispecies permit or open access charter/party permit referred to in Fis 2002.01(a)(1)a. on April 30, 2014; and

c. The individual designated a principal port in NH during the same 3 for-hire qualifying years either through the appropriate NH license and/or NOAA Fisheries permit referred to in Fis 2002.01(a)(1)a.; and

d. The individual took at least 15 trips in each of the same 3 for-hire qualifying years on the vessel licensed or permitted under Fis 2002.01(a)(1)a. during which the following was recorded on federal vessel trip reports (VTR):

1. the harvest and landing in NH of at least one NE multispecies groundfish species, and

2. the "number of anglers" for those trips was greater than or equal to 1.

(2) Part-Time Commercial: An individual shall qualify for a share of the part-time commercial vessel portion of the Program funds if the individual meets the following criteria:

a. The individual was issued a limited access NE multispecies permit with reported landings of NE multispecies groundfish in NH during the commercial qualifying years and must have been either a member of the Northeast Fishery Sector XI or XII, or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; and

b. The individual was the owner of a NOAA Fisheries limited access NE multispecies permit referred to in Fis 2002.01(a)(2)a. as of April 30, 2013; and

c. During each of the commercial qualifying years, the individual must have landed fewer than 5,000 pounds of NE multispecies groundfish attributed to the permit referred to in Fis 2002.01(a)(2)a.; and

d. During at least one of the commercial qualifying years, the individual landed at least 2,000 pounds of NE multispecies groundfish attributed to the permit referred to in Fis 2002.01(a)(2)a.; and

e. On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(2)a. was not residing in any permit bank.

(3) Full-Time Commercial: An individual shall qualify for a share of the active full-time commercial vessel portion of the Program funds if the individual meets the following criteria:

a. The individual was issued a limited access NE multispecies permit that has reported landings of NE multispecies groundfish in NH during the commercial qualifying years and was either a member of the Northeast Fishery Sector XI or XII, or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; and

b. The individual was the owner of a NOAA Fisheries limited access NE multispecies permit referred to in Fis 2002.01(a)(3)a. as of April 30, 2013; and

c. The individual landed greater than 47,999 pounds of NE multispecies groundfish attributed to the permit referred to in 2002.01(a)(3)a. in any one of the commercial qualifying years from 2010 to 2013; and

d. On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(3)a. was not residing in any permit bank.

(4) Inactive Commercial: An individual shall qualify for a share of the inactive commercial vessel portion of the Program funds if the individual meets the following criteria:

a. The individual was the owner of a NOAA Fisheries limited access NE multispecies permit as of April 30, 2013 and was a member of either Northeast Fishery Sector XI or XII during the 2013 fishing year.

b. On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(4)a. was not residing in any permit bank.

c. The individual did not have any dealer-reported NE multispecies groundfish landings attributed to any NOAA Fisheries limited access NE multispecies permits issued to the individual during all of the commercial qualifying years.

d. The individual was not eligible for Direct Assistance funds in any state, including New Hampshire, for any other limited access NE multispecies permit they own and is not eligible as an active vessel under 2002.01(a)(2).

(5) Crew: An individual who worked on a limited access NE multispecies federally permitted vessel that received Direct Assistance funds from New Hampshire and was a member of NE fishing sector XI or XII or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH shall be eligible for a share of the crew portion of the Program funds if the individual meets the following criteria:

a. The individual was identified by a limited access northeast multispecies permit holder that received Direct Assistance funds from New Hampshire and was a member of NE fishing sector XI or XII or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; as crew on their qualified vessel for at least 10 trips during which the vessel commercially fished for groundfish in either the 2012 or 2013 calendar years.

b. The individual was listed as the "Recipient" on a 2012 and/or 2013 1099 Miscellaneous Income tax form.

c. The "Payer" on the 1099 Miscellaneous Income tax form was the owner of the permit of the qualifying vessel.

d. The individual had a minimum income of $5,000 listed in "Fishing Boat Proceeds" (1099 Miscellaneous Income-Box 5) or "Nonemployee Compensation" (1099 Miscellaneous Income-Box 7) on the 1099 Miscellaneous Income tax form for 2012 and/or 2013.

e. The individual has not accepted Greater Atlantic Fisheries Disaster funds as a crew member from another state.

(6) Shoreside Infrastructure: Yankee Fishermen's Cooperative Association (Business ID # 151929) and Heidi Seafood Services, LLC (Business ID# 723611), shall be eligible for the shoreside infrastructure portion of the Program funds consistent with the following:

a. Funds distributed under this paragraph, Fis 2002.01(a)(6), shall be used to purchase infrastructure that will specifically support the NH groundfish industry.

b. Each applicant under this paragraph, Fis 2002.01(a)(6), shall enter into a contract with the State of NH that shall stipulate the repayment of Program funds used to purchase equipment according to a depreciation schedule if the applicant transfers, sells, or ceases to use the equipment for its intended purpose.

c. The State may take a security interest or other security in the equipment purchased with the Program funds.

d. Each applicant shall be registered in New Hampshire.

(7) Northeast Fishing Sector XI: The northeast fishing sector XI shall be eligible for Program funds to purchase one or more northeast multispecies permits to reside in the sector's permit bank consistent with the following:

a. The funds shall be used to purchase one or more NE multispecies permits for the sole use by members of the northeast fishery sector XI.

b. Northeast fishing sector XI shall enter into a contract with the State of NH directing the transfer of the northeast multispecies permit or permits purchased with the program funds to the NH state permit bank if the northeast fishing sector XI disbands.

N.H. Admin. Code § Fis 2002.01

Adopted byVolume XXXV Number 23, Filed June 11, 2015, Proposed by #10846, Effective 6/5/2015, Expires12/2/2015.