N.H. Admin. Code § Fis 602.10

Current through Register No. 2, January 9, 2025

Section Fis 602.10 - Lobster Trap Construction

(a) No person shall fish for or take lobsters unless the trap is equipped with unobstructed escape vents or gaps in the parlor section which shall have:

(1) A rectangular or oblong escape vent not less than 1 15/16 inches by 5 3/4 inches located next to the bottom edge;

(2) At least 2 circular escape vents not less than 2 7/16 inches in diameter;

(3) A gap caused by raising, modifying or separating horizontal laths to comply with paragraphs (1) or (2);

(4) A gap caused by separating or modifying vertical laths to comply with paragraph (1);

(5) A gap caused by separating both ends of 2 laths 1 3/4 inches on the top of the parlor section next to the middle bow or supporting frame and directly over the parlor head; or

(6) In a wire or plastic trap, a gap created by cutting vents in the side or end to comply with paragraphs (1) or (2).

(b) No person shall set, raise, haul, or transfer any lobster trap unless the trap is equipped with an escape vent as required in this section or has been exempted under (c) below.

(c) The executive director shall exempt specific trap designs from the escape vent requirements of this section if it is statistically proven that the specific trap design will only take crabs and is incapable of taking lobsters. Any such trap design shall be approved by the executive director in writing after inspection by an agent for the executive director.

(d) In addition to the escape vents required in (a), all traps used to fish for or take lobsters shall have at least 2 runners or sills and an escape panel designed as follows:

(1) For a rectangular wire or plastic mesh trap:

a. At least 2 parallel runners or sills attached to the bottom of the trap running along the entire length of the exterior; and

b. An unobstructed escape panel which shall be:

1. Located in the parlor section on the sides or end;

2. Hinged at the top of positively buoyant panels or at the bottom of negatively buoyant panels;

3. Tied with an untreated natural fiber such as cotton, sisal, hemp or jute not exceeding 3/16 inches in diameter before immersion in sea water, or a piece of non-stainless, uncoated ferrous metal wire not exceeding 3/32 inches in diameter; and

4. Of sufficient size to create an opening of at least 3-3/4" x 3-3/4" when the panel is removed or opened;

(2) Any non-rectangular wire or plastic mesh trap shall have at least 2 runners or sills and shall have an escape panel designed to create a space of at least 3-3/4" x 3-3/4" when open;

(3) The construction design of the runners, or sills, and the escape panels of a non-rectangular wire or plastic mesh trap shall be approved in writing by the executive director after inspection by his agent shows that the design of the trap will fish the same as the criteria for traps under (d)(1), above;

(4) Nothing shall be placed in the parlor section of any rectangular wire or plastic mesh trap, whatever the design, which would obstruct the 3-3/4" x 3-3/4" escape panel after disintegration of the natural fiber or other material;

(5) For a wood lath half-round or so-called "round" or wood rectangular trap:

a. Every wood lath half round or so-called "round" or wood rectangular trap shall have at least 2 parallel runners or sills on the bottom, running the entire length of the trap exterior;

b. Every wood lath half-round or so-called "round" or wood rectangular trap shall have an unobstructed escape panel which shall be:

1. Created by one untreated, softwood lath running the full length of the parlor section, which shall:

(i) Have the same dimensions as the other laths on the trap;

(ii) Not be located where it will rest on the sea-bottom; and

(iii) After disintegration, leave a space of at least 3.0 inches between adjacent laths; and

2. An opening of at least 3.0 inches between adjacent laths, running the length of the parlor section which is laced with an untreated natural fiber such as cotton, sisal, hemp, or jute not exceeding 3/16 inches in diameter before immersion in sea water; and

c. Nothing shall be placed in the parlor section of a wood lath half-round or so-called "round" or wood rectangular trap which might obstruct the 3 inch opening after disintegration of the untreated lath or natural fiber lacing; and

(6) Any other type of wooden trap shall have runners or sills as described in (5)b.1. and an unobstructed escape panel laced with an untreated natural fiber such as cotton, sisal, hemp or jute not exceeding 3/16 inches diameter before immersion in sea water to provide a minimum opening of at least 3 3/4" x 3-3/4" in the parlor section when lacing disintegrates.

(e) The executive director shall exempt a specific trap design from the provisions of Fis 602.10(d) if the trap design will take only crabs and is incapable of taking lobsters.

(f) Any such trap design that meets the requirements of (e) above shall be approved by the executive director in writing after inspection by his agent.

N.H. Admin. Code § Fis 602.10

#4170, eff 11-26-86; amd by #4247, eff 3-30-87; amd by #4616, eff 5-25-89; ss by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; amd by #6916, eff 12-22-98; amd by #7002, eff 5-25-99; ss by #7215, eff 3-16-00, EXPIRED: 3-16-08

New. #9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08

Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11193, Effective 9/30/2016, Expires 9/30/2026.