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Today was the hearing. For the 9 divers that showed up in support of the bill, thank you for taking time off from work to attend. We had Aquatic Escapes dive shop in Londonderry in attendance. Thank you.
Everyone that wanted to speak was given the opportunity to testify.
Those that testified against the bill included:
3 Commercial lobsterman
Former State rep and Fish and Game Committee Chair Robert L’Heureaux (Merrimack)
Doug Grout, Chief of Marine Fisheries.
NH Fish & Game Officer
We still have a chance. Chairman Clifford Newton indicated Rep. David Watters, Rep. Joe Duarte and Rep. Lyle Bulis will be on sub-committee.
ACTION: Please write, call the above to show your support.
BE POLITE and MAKE SURE YOU PUT YOUR NAME TELEPHONE NUMBER AND TOWN YOU ARE FROM ON EVERY EMAIL. Can't stress that enough.
Calls to them are best. Hand written letters are second. Emails are third. Blanket emails are last. But whatever you can do.......
Also Testimony from Doug Grout, Chief of Marine Fisheries and a letter from Geno Marconi, Chairman of Advisory Committee on Marine Fisheries to Glenn Normandeu, Exec Director of NH F&G
Address the concerns in their testimony when you write to sub-committee members.
Below is my attempt to address each of the four major concerns of Doug Grout about the effects of HB-1455. I relayed these to Greg Hill to submit to the Chariman.
1) First concern is on negative effect method of harvest would have on near shore habitat
Doug points out how divers would turnover numerous rocks on every dive to get at the lobsters under, thereby damaging sea life.
Divers do not use this method as it is ineffective. The moment you lift the rock, the lobster bolts. You can’t possibly catch up to the lobster and the lobster will get under another rock before you can catch up to it.
How is this less damaging to environment than a lobsterman dragging his traps on the bottom over rocks, eelgrass beds when they are hauling their pots??
2) 2nd concern is method of capture. Fishing is passive capture vs. SCUBA which is active form.
Divers don’t bother going after undersized lobsters. You can easily tell that they are “short” and not worth the hassle of going after so we leave them untouched.
When we do see a lobster is short or is egg bearing, or has a “V-notch”, the diver will put the lobster back where they grabbed it from and the lobster will go back in.
The diver will also mark a “v-notch” with their knife to identify the lobster as egg-bearing before releasing.
Doug says Scuba divers will handle numerous short (undersized lobsters) in searching for legal side.
Commercial lobsterman in their “passive” method also handle lobsters (shorts, egg bearing) and they drop them over board to fall 30-40 feet down, often, not near the spot it was pulled from and the lobster is vulnerable to predators while it finds a safe place.
Also, Doug points out the concern of newly molted “soft shelled” lobsters. When divers encounter soft shelled lobsters, they do not bring them up because of their soft shells can’t really be pulled out without killing them. Once a lobster dies, the meat goes bad quickly. For this reason, divers DO NOT take them. Also, they are not as meaty. The reason they molt is to make room to grow in their bodies. So there is not as much meat in a molted lobster one that is same size and hasn’t molted.
3) Concern bill would allow for increased taking of lobster when trying to reduce.
Gary addressed that this bill will REDUCE the taking of lobsters.
Also, if EVERY Certified diver in the state dove every day in the month of Sept and took maximum allowable limit under this proposed bill (5), the amount of impact would be less than .01% catch of commercial lobsterman.
This exact argument was used in the hearings by divers when the Mass Commercial Lobsterman tried to appeal the current allowing of diving for lobsters. (and the appeal was denied)
One requirement of the lobster license is to report the no. of lobsters caught by divers. (Also a requirement in Mass) We’ll have data to show the impact on the total catch.
4) Concerns of enforcement for policing.
Currently, divers can legally Scuba dive for Scallops (during season), Oysters and spear fish. There are no issues enforcing this.
Doug points out that conservations officers would have to be diving in the immediate area to observe and police diving for lobsters. In Massachusetts, Environmental Police DO NOT have to resort to this and police the same methods they use for fisherman. Randomly checking boats and divers as exiting to measure lobsters caught, check for illegal sized, egg bearing.. and also asking to show permits.
Lastly, Doug points out that people can harvest lobsters recreationally in VIA the 5 trap license. This is true BUT doing so REQUIRES A BOAT which not every citizen can afford such a luxury.
Chairman: Clifford Newton(r) -
168 Old Dover Rd
Rochester, NH 03867-4548
Home Phone: (603)332-5643
271-3125
V. Chairman: Dennis Reed(r)
Clerk: Joe Duarte
Betsy McKinney (r)
Lyle Bulis (r)
Elisabeth Sanders (r)
Michael McCarthy (r)
Leo Pepino (r)
Richard Okerman (r)
Tyler Simpson (r)
Norman Tregenza (r)
Marc Tremblay (r)
James Webb (r)
Daniel Carr (d)
David Watters (d)
Benjamin Lefebvre (d)
Dick Patten (d)
Jenna Roberts (d)
Other Things to include in your notes/calls.
We are good honest people who aren't out to eliminate the lobsterman's way of life and equipment?
We think this is a reasonable attempt to minimally affect the industry and still SHARE in the state's natural resources.
We are open to suggestions (other than KILL THIS BILL) about how to change the bill to make it possible to prove the above.
We believe that this is working in EVERY east coast state but Maine and we can't understand why it wouldn’t be possible here.
We have very small requirements in this bill compared to our neighbor Massachusetts (5 per day vs. 15 in mass, one month vs. 6 months in Mass,) and none of the lobsterman in MA complain about the scuba divers. They complain about the fertilizer killing the lobsters 10 X as much.
Stuff like that. Keep it short sweet and informative. Give them the answers to the questions they SHOULD be asking. Give them the reasons WHY they should pass the bill.
Next hearing of the subcommittee is 2/2 in the same room as before 307 at 1:15 in the afternoon. It looks very promising from what Rep Greg Hill been told by several members on the committee. We probably need to talk to the Senators who will hear the bill. Greg will work on that today.
Talking to the Committee Members is a good strategy. You might also start a campaign of getting other Legislators to sign on as sponsors to your bill. This will give it more weight, not only in Committee but on the floor when up for a vote.
Next hearing of the subcommittee is 2/2 in the same room as before 307 at 1:15 in the afternoon. It looks very promising from what Rep Greg Hill been told by several members on the committee. We probably need to talk to the Senators who will hear the bill. Greg will work on that today.
Correction. Room is now 303, not 307. Same time We look really good at this time but hear the commercial guys are gearing up! !!!!! Everyone who can make it would be helpful. Greg hill talked to the chair of the subcommittee and he promised to fight hard for us. He loves the bill. He's bringing his OWN measuring tool to show the committee. He also dives!
Update from today's sub-committee hearing in Concord
Attendees Divers 5 Lobsterman 1 Glenn Normandeau, Exec Director Fish and Game Doug Grout, Chief of Marine Fisheries A couple Fish & Game enforcement officers
Members of sub-committee Rep Lyle Bulis - Sub-committee Chair Rep Joe Duarte - (A diver) Rep David Watters
Summary of disucssions: Rep Lyle Bulis (sub-committee chair) pulled previous versions of NH Bills (2001, 2003). Also pulled Ct. Mass bills to compare against. Also Discussed record catch in Maine this season.
Rep Greg Hill discussed making law automatic after pilot period.
Doug Grout, Chief of Marine Fisheries discussed some compromises would like to see 1) Sep. licenses for diving and using traps. Enforcement issue - When inspecting lobsters on boat, diver has more than daily allowed limit (5), diver can say lobsters from were pulled from his pots though he may have obtained through Scuba 2) Wants bill language to be clearer on by hand only, tickle stick OK 3) Asked for Jan implementation date (licensing headache doing in between)
Glenn Normandeau, Exec Director Fish and Game raised concern of backlog of processing current licenses department manages. (funding issue)
Lobsterman - Mr. Andersen. Strongly felt current bill poorly written pointing out unenforceable. Raised concerns of divers safety. He did acknowledge it's not a resource issue. Asked that limit to taking of lobster through shore diving only for enforcement concern raised by Doug. Issue neutralized if have sep license for diving and using traps
Reps Bulis and Duarte are in support of Bill. Rep Watters said had tough time voting on bill w/ all issues in language of bill. Open to interim study.
Issues Rep Watters wants to see cleaned up/added to in Bill.
Need either license for trapping or diving. Not both. Reporting of catch Clean up text on equipment. (Tickle stick only..) Clarity on no. of licenses issued. (we're proposing minimum 100, to be determined by Exec Director Glenn Normandeau January implementation date
Next Steps: Rep. Greg Hill to work with legal counsel on amending current draft of bill to address open issues raised in past two hearings by time sub-committee meets with full committee on 14th to render an opinion If ought to pass (OTP) by Fish & Game Committee, goes to house vote. (99% of the time a bill goes to the full house for a vote with an OTP recommendation from the committee, it is passed by the full house) Then goes to Senate. The exact committee determined when turned over to Senate (by Feb 27th)
Last edited by reefseal; February 3rd, 2012 at 09:21 AM.
Latest update on the Lobster Bill. Attached is revised amendment to HB 1455-FN.
Includes revisions to original draft to address the some of concerns raised by Executive Director of Fish and Game, Chairman of Fish and Game Committee and members of the sub-committee. (e.g. concerns on enforcement) At the last hearing, one of the sub-committee members was opposed to voting and open to an interim study. Glad we address all open issues in language of bill and got subcommittee to pass.
The Fish And Game Committee has final hearing Tuesday in Concord. There will be no testimony from the public though the public is welcomed to attend. I do not yet have the exact time and room no. I will not be able to attend as I have to travel to Chicago on business. As get update from Greg, will relay to everyone.
I appreciate everyone's efforts in reaching out to local Senator contacts to gain support.
Keep this up.
Regards,
Luis
---------- Forwarded message ----------
From: Greg Hill
Date: Fri, Feb 10, 2012 at 9:34 AM
Subject: FW: 6th and last attempt at a lobster bill rewrite
To: Luis Figueroa <lfiguero@gmail.com>
That's it. I'm done till it hits the floor of the Full House and I have to testify (UNLESS it has a big enough margin to pass the Committee and the bill goes on the Consent Calendar). IF it passes on Consent and then goes to the Senate, that will be my next job, to testify before whatever committee it goes to. I have already asked the Sub Committee guys to be able to testify in the Senate about why they made the changes they did. That will grease the skids for the bill in the Senate.
I've had no fewer than 7 people come up to me to ask HOW THE HELL did you get this lobster bill to pass that subcommittee? I just grin like it’s a secret but truthfully, I have no idea.
Amend the bill by replacing all after the enacting clause with the following:
1 Lobster Licenses; Recreational Licenses. Amend RSA 211:18, III(a) to read as follows:
(a) If a person is a resident of this state and does not take lobsters or crabs for the purpose of sale and does not use more than 5 traps, the person may receive a recreational lobster and crab license. A person receiving a recreational lobster and crab license may not also receive the scuba diver lobster license under paragraph III-c.
2 New Paragraph; Special Scuba Diver Lobster License. Amend RSA 211:18 by inserting after paragraph III-b the following new paragraph:
III-c. For a $35 fee, a person who wishes to engage in scuba diving as a recreational and not commercial activity, and who is in compliance with RSA 270:31 through 32-a, and has attained 18 years of age, shall be permitted to take lobsters under a special scuba diver lobster license issued by the executive director. The executive director shall make available a number of scuba diver lobster licenses that is equivalent to the number of recreational lobster and crab licenses available each calendar year under subparagraph III(a).
(a) The scuba diver lobster license shall be valid for the month of September only. No taking of lobsters shall occur between the hours of 1/2 hour after sunset and 1/2 hour before sunrise.
(b) The license shall consist of letters and/or numbers which the person engaged in scuba diving shall affix to his or her diving tanks and regulation dive flag in a contrasting color making it readily visible to a conservation officer.
(c) The number of lobsters taken per day by a scuba diver holding an license under this subparagraph shall not exceed 5 per licensee and shall be taken only for the consumption by the licensee, and the licensee’s family and guests. No person shall at any time take any lobsters by any method except by hand. Use of a tickle stick, which is a straight or slightly bent stick used to agitate a lobster into coming out of its hole, shall be permitted. Traps of others shall not be touched by a scuba diver except at the direction of the owner of the trap or the executive director.
(d) No person shall remove spawn from any female lobster and no person shall take or have in his or her possession any female lobster carrying spawn or any lobster spawn.
(e) Whoever takes, or has in his or her possession any female lobster bearing eggs shall be guilty of a violation and, in addition, shall be guilty of a violation for each additional oviparous female lobster involved. However, a person engaged in scuba diving who mistakenly takes any such female lobster and immediately returns it alive to the waters from which it was taken prior to leaving the water is not subject to the penalty. It shall also be prohibited to harvest female lobsters with V-shaped notch of any size with or without setal hairs.
(f) All lobsters taken under a scuba diver lobster license shall be of legal size as provided by RSA 211:62, measured immediately upon capture on the seafloor before surfacing. All rules of the executive director regarding legal size for lobster shall apply to scuba diver lobster licensees. An equipped scuba diver shall not have in his or her possession more than 5 lobsters at any time.
(g) The scuba diver lobster license may not be transferred to any other person.
(h) Annual catch reports shall be required of all scuba diver lobster license holders at the time of renewal or, if not renewing license, at year end. Annual catch information, in a format determined by the executive director, shall be required of all divers before renewal application will be accepted.
(i) The executive director shall adopt rules for the issuance of the license under this paragraph, and rules governing the sex and size of lobsters allowed to be taken under this paragraph provided such rules conform with requirements applicable to non-commercial 5 pot licenses and commercial lobster license holders. A person who violates any rule relative to the scuba diver lobster license shall be subject to a fine to be imposed by the executive director and revocation of any license under this paragraph for a period determined by the executive director.
3 Effective Date. This act shall take effect January 1, 2013.
2012-0710h
AMENDED ANALYSIS
This bill allows the fish and game department to issue special scuba diver lobster licenses for non-commercial taking of lobsters while engaged in recreational scuba diving.
Lobster bill passed House Fish and Game Committee 10 to 2.
Not sure if will be on consent calendar. Bill Sponsor Rep Greg Hill will update me when he finds out
If it is on the Consent Calendar, would almost certainly passed w/ 1 vote in House.
Hopefully will make it to the house floor in next weeks session. If not, the following week.
Turnover of bills to Senate is Feb 27th. (cutting it close)
The bill now turns into the Committee’s bill. Those in favor of the bill on Fish & Game Committe argue in favor.
Not sure which two Fish & Game Committee members were in opposition.
So.. Almost past 1st hurdle.
2nd Hurdle is to get past Senate committee and then voted by Full Senate
Finally signed by Governor. Always chance of Veto..
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Originally Posted by reefseal
