N.H. Code Admin. R. Fis 807.08

Current through Register No. 17, April 25, 2024
Section Fis 807.08 - Conditions of the License - Marine
(a) All marine aquaculture operations and associated activities including, but not limited to, transporting and labeling and marking shellfish shall be conducted in compliance with all state and federal law and regulations.
(b) Persons licensed for aquaculture operations shall conduct environmental monitoring if the department deems it necessary to determine any degradation directly related to the aquaculture operation of the marine environment or marine species.
(c) The licensee shall report any unusual event that occurs within 48 hours to the executive director followed by a letter outlining the circumstances of the event within 5 days. An unusual event means any event related to the aquaculture operation that might have a negative impact on the environment.
(d) The issuance of license under this part shall not confer a waiver of liability for any degradation, directly related to the aquaculture operation, to the environment or marine species.
(e) When harvesting indigenous stocks, the licensee and the executive director shall agree on the number or quantity to be harvested and the timetable for harvest prior to the issuance of the license.
(f) The executive director shall revoke an aquaculture license, after notice and hearing in accordance with RSA 541-A and Fis 200, for violating one or more conditions described in the license.
(g) Any person whose aquaculture license has been revoked shall be required to reapply using the procedures outlined in Fis 807.07.
(h) There shall be at least 150 feet between locations of licensed marine bottom aquaculture operations inland of the General Sullivan Bridge.
(i) The maximum size of any licensed bottom aquaculture site inland of the General Sullivan Bridge shall be no greater than 4.5 acres.

N.H. Code Admin. R. Fis 807.08

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; ss by #10264, eff 1-29-13

Amended by Volume XXXV Number 27, Filed July 9, 2015 , Proposed by #10868, Effective 6/25/2015, Expires12/22/2015.
Amended by Volume XXXVI Number 06, Filed February 11, 2016, Proposed by #11029, Effective 1/26/2016, Expires 1/26/2026.