Current through Register No. 40, October 3, 2024
(a)
Each applicant for a marine aquaculture license under
RSA
211:62-e shall make application in writing to
the executive director.
(b) The
applicant shall complete and submit an application containing the following:
(1) A list of the species to be managed or
cultivated;
(2) A description of
the proposed project, including:
a.
Methodology;
b. The type of
aquaculture operation such as bottom culture, suspended culture, pen culture or
a land-based system;
c. The
location and description of the geographic area where the proposed project is
to be undertaken described by latitude and longitude coordinates and identified
on the most detailed NOAA chart of the particular area or USGS map for a
landbased operation;
d. Site
specific information which is available including:
1. Tidal information;
2. Location of natural resources such as
shellfish and eelgrass beds and finfish stocks;
3. Benthic characterization of sediment
types;
4. Recreational and/or
commercial activities in and around the site; and
5. Navigational aspects such as channels,
navigational aids, vessel traffic, or moorings; and
e. Type, size and configuration of any gear
used during any phase of the aquaculture operations and how it will be
used;
(3) Source of
organisms to be utilized throughout the project;
(4) Disposition of organisms during the
various phases of the project;
(5)
A list of any biocides, algaecides, antibiotics or other methods of control or
treatment to be used during the project;
(6) A description of any restricted use
proposed by the aquaculture project which shall include identifying any
existing activity which would be restricted or prohibited;
(7) A written statement that the applicant
either owns or has written permission from the owner(s) to exercise any
littoral right, necessary to carry out the proposed project;
(8) List of agencies to whom copies of
complete application will be sent as required in
Fis
807.07(g) ( 2); and
(9) A copy of the current municipal tax map
and complete list of names and addresses of all the abutters and littoral
owners to the proposed project.
(c) Upon receipt of the application the
executive director shall determine the completeness of the application and
notify the applicant in writing within 30 days as to its completeness or
describe fully any deficiency found.
(d) The department shall conduct a site
assessment or evaluation for any area that has not had a site assessment
completed within the previous 2 years. The department staff shall conduct the
site assessment for purposes of verifying or updating data and information
included in the application. Site assessments shall be conducted between May
and October.
(e) The site
assessment shall include but not limited to:
(1) Site visit;
(2) Benthic substrate evaluation to
characterize the sediment types;
(3) Review of the fisheries uses in the
area;
(4) Typical wildlife and
aquatic plants;
(5) Location of
channel, navigational aids, moorings;
(6) Recreational, commercial, or other
activities being conducted in the area;
(7) Tidal information such as flow rate,
height or direction; and
(8)
Location of other aquaculture activities within one mile of the proposed
site(s).
(f) After the
complete application has been received and the department's site evaluation is
complete, the executive director shall set a hearing date and notify the
applicant of the date, time and location of the hearing.
(g) Upon being notified that the hearing date
has been scheduled, the applicant shall:
(1)
Send written notice at least 21 days prior to the public hearing by certified
mail to all abutters and littoral owners of the proposed project, if different
from the licensee, and submit copies of the certified receipts to the executive
director; and
(2) Send copies of
the complete application and notification of the public hearing to any other
state or federal agencies that might require permitting, licensing or have
jurisdiction over activities associated with the proposed project such as but
not limited to:
a. The NH department of
health and human services;
b. The
NH department of environmental services;
c. The NH port authority, the Army Corps of
Engineers;
d. The Environmental
Protection Agency;
e. The United
States Coast Guard; or
f. The
National Marine Fisheries Services.
(h) The notice to land owners required in
Fis
807.07(g)(1) shall include:
(1) The details of the project;
(2) The exact location(s) of the
project;
(3) The date, time and
place of the public hearing;
(4)
The name and mailing address of executive director so that they can respond in
writing; and
(5) The deadline for
written comment which shall be 14 days after the scheduled public
hearing.
(i) The
executive director shall provide public notice in the newspaper of the
scheduled hearing at least 21 days prior to the hearing. Any interested person
may submit written comments on the proposed project to the executive director
up to 14 days after the public hearing on the proposed aquaculture
project.
(j) The executive director
shall review all of the information to determine that the proposed aquaculture
operation would not pose any unacceptable risk as specified in
Fis
807.02(g), does not conflict with or
negatively impact any recreational, commercial or other use currently being
conducted in the area in and around the proposed project area, or does not
adversely impact the value or use of private property in and around the
projected area before issuing a license.
(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
