1. (a) An aquaculture operation licensed by NHF&G prior to the effective date of this rule shall not be required to apply for a permit.

2. (b) An aquaculture operation not licensed by NHF&G prior to the effective date of this rule shall be considered minimum impact and not require a permit under RSA 482-A:3, provided the following conditions are met:

   1. (1) The owner or operator applies to NHF&G for a marine aquaculture license;
   2. (2) After reviewing a copy of the application received by the department pursuant to Fis 807.07(g), the department issues a written statement to NHF&G that it has no objection to issuance of the license;
   3. (3) NHF&G issues a license based on the application reviewed by the department;
   4. (4) The department confirms in a written statement to the owner or operator that it has no objection to the final license issued by NHF&G;
   5. (5) The operation does not include the culture of finfish; and

   6. (6) For marine bottom culture operations inland of the General Sullivan Bridge:

      1. a. There is at least 150 feet between locations of adjacent marine bottom culture operations licensed by NHF&G; and
      2. b. The maximum size of the operation does not exceed 4.5 acres.

Source. #12806, eff 12-15-19