N.H. Admin. Code § Fis 602.15

Current through Register No. 2, January 9, 2025

Section Fis 602.15 - Transfer of Limited Commercial and Commercial Lobster License

(a) In the event a resident commercial lobster license holder, pursuant to RSA 211:18 III, who has landed a verified 12,000 pounds of lobster for any 2 years during the previous 5 years suffers death or a permanent physical disability that precludes the ability to take lobsters, the license holder or heirs may request the transfer of the license to a person qualified pursuant to RSA 211:21 as follows:

(1) The transferor shall submit in writing to the executive director and include the following:

a. The name, address, lobster license number, and date of birth of transferor;

b. If disabled, the description of the disability and a physician's letter attesting to the disability; or

c. If death, a copy of the death certificate and legal documentation of executor of the estate, and

d. The following information on the person who will be receiving the license:

1. Name;

2. Address;

3. Phone number;

4. Current lobster license number; if applicable; and

5. The relationship of the person to the licensee.

(2) Any cost associated with obtaining the medical documentation shall be the responsibility of the transferee.

(b) In the event a resident limited commercial lobster license holder, pursuant to RSA 211:18 III, who has landed a verified 6,000 pounds of lobster for any 2 years during the previous 5 years suffers death or a permanent physical disability that precludes the ability to take lobsters, the license holder or heirs may request the transfer of the license to a person qualified pursuant to RSA 211:21 as follows:

(1) The transferor shall submit in writing to the executive director and include the following:

a. The name, address, lobster license number, and date of birth of transferor;

b. If disabled, the description of the disability and a physician's letter attesting to the disability; or

c. If death, a copy of the death certificate and legal documentation of executor of the estate, and

d. The following information on the person who will be receiving the license:

1. Name;

2. Address;

3. Phone number;

4. Current lobster license number; if applicable; and

5. The relationship of the person to the licensee.

(2) Any cost associated with obtaining the medical documentation shall be the responsibility of the transferee.

(c) A person holding a resident commercial lobster license who has landed a verified 12,000 pounds of lobster for any 2 years during the previous 3 years may request the transfer of the commercial license to a person qualified pursuant to RSA 211:21 as follows:

(1) The transferor shall submit in writing to the executive director and include the following:

a. The name, address, lobster license number, and date of birth of transferor, and

b. The following information on the person who will be receiving the license:

1. Name;

2. Address;

3. Phone number; and

4. Current lobster license number, if applicable.

(d) A person holding a resident limited commercial lobster license, pursuant to RSA 211:18 III(c) prior to January 1, 2006, who has landed a verified 6,000 pounds of lobster during any 2 years of the previous 3 years may request the transfer of the limited commercial lobster license to a person not presently qualified under RSA 211:18 III(c) prior to January 1, 2006 but qualified pursuant to RSA 211:21 as follows:

(1) The transferor shall submit in writing to the executive director and include the following:

a. The name, address, lobster license number, and date of birth of transferor, and

b. The following information on the person who will be receiving the license:

1. Name;

2. Address;

3. Phone number; and

4. Current lobster license number, if applicable.

(e) The transferred license shall convey all the privileges, rights and restrictions associated with such license.

(f) The transfer of the license under (a), (b) and (c) shall not be effective until a letter from the executive director has been received stating that the transfer of the license has been made.

(g) No person may hold more than one NH lobster license.

(h) The person to whom the license is to be transferred shall have no outstanding states or federal fisheries violations nor be under any states or federal fisheries violation penalty.

(i) A person who transfers a license due to a permanent physical disability under paragraphs (a) or (b) will no longer be eligible to purchase a commercial, limited commercial, or part-time commercial lobster and crab license described under RSA 211:18 III-a (a)-(f) but may purchase a recreational lobster and crab license.

N.H. Admin. Code § Fis 602.15

#6916, eff 12-22-98; ss by #8303, EXEMPT, eff 4-1-05; amd by #8819, EXEMPT, eff 2-1-07; ss by #9014, EXEMPT, eff 1-1-08; ss by #10160, EXEMPT, eff 7-16-12

Amended by Volume XXXV Number 40, Filed October 8, 2015, Proposed by #10930, Effective 9/14/2015.