1. (a) An aquaculture license shall be required for any person engaging in aquaculture, as defined in RSA 211:62-e, of aquatic or marine species. The license shall include fishing preserves or fee-fishing operations, but no fee under this part shall be required for a fee-fishing operation wholly contained in a permitted, regulated shooting area operation pursuant to Fis 808.
2. (b) An aquaculture licensee may raise and sell bait under Fis 807 without the requirement for a bait dealer license pursuant to RSA 214:34. Any person taking bait from the wild and then raising and selling bait shall have both licenses.
3. (c) An aquaculture license shall not be issued unless the applicant possesses ownership title or possesses a lease hold to all land bordering the body of water, provided the waterbody is not public waters. This provision shall not apply to marine aquaculture operations.
4. (d) No aquaculture licenses shall be issued for any operation in a public body of freshwater supporting natural populations of fish. This provision shall not apply to marine aquaculture operations.
5. (e) Only areas classified as “restricted” or “conditionally restricted” by the commissioner of the department of health and human services, as defined in He-P 2151.01, due to the presence of a wastewater treatment outfall, shall be considered for marine aquaculture operations which include harvesting of the wild natural shellfish.
6. (f) No aquaculture license shall be granted if the executive director determines that any portion of the aquaculture operation would adversely impact the state's aquatic or marine resources or would impose unacceptable disease, ecological, environmental, health, safety, or welfare risks to persons, the environment, aquatic or marine species pursuant to RSA 211:62-e.

7. (g) Unacceptable risk shall be determined by considering any negative impact the aquaculture operation would have on persons, the environment, indigenous aquatic or marine species using the following criteria:

   1. (1) The proposed species:

      1. a. Life cycle;
      2. b. Life history;
      3. c. Reproductive habits; and
      4. d. Habitat requirements;
   2. (2) Genetics of the specific wildlife;
   3. (3) Interaction with competing species;
   4. (4) Food or habitat competition with indigenous species; and

   5. (5) Other factors relating to the proposed operation such as:

      1. a. Type of system, whether closed or controlled; and
      2. b. Screened outlets or other enclosures.
8. (h) Aquaculture licenses shall be granted for the specific species listed on the application and permit.
9. (i) All importation and release of aquatic and marine species shall be in compliance with the requirements for the importation and release of wildlife in Fis 803 and Fis 805.

Source. (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 #10478, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 New. #11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36