1. (a) Each applicant for a marine aquaculture license under RSA 211:62-e shall contact the marine division for information on obtaining an aquaculture license.

2. (b) The applicant shall provide the following information to the marine division:

   1. (1) A list of the species to be managed or cultivated;

   2. (2) A description of the proposed project, including:

      1. a. Methodology;
      2. b. The type of aquaculture operation such as bottom culture, suspended culture, pen culture, or a land-based system;
      3. 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 land-based operation;

      4. d. Site specific information which is available, including:

         1. 1. Tidal information;
         2. 2. Location of natural resources such as shellfish and eelgrass beds and finfish stocks;
         3. 3. Benthic characterization of sediment types;
         4. 4. Recreational or commercial activities in and around the site; and
         5. 5. Navigational aspects such as channels, navigational aids, vessel traffic, or moorings; and
      5. e. Type, size, and configuration of any gear used during any phase of the aquaculture operations and how it will be used;
   3. (3) Source of organisms to be utilized throughout the project;
   4. (4) Disposition of organisms during the various phases of the project;
   5. (5) A list of any biocides, algaecides, antibiotics, or other methods of control or treatment to be used during the project;
   6. (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. (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. (8) A list of agencies to whom copies of the information required in (b) above will be sent as required in (g)( 2) below; and
   9. (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.
3. (c) Upon receipt of the information required in (b) above, the executive director shall determine the completeness of the information and notify the applicant in writing within 30 days as to its completeness or describe fully any deficiency found.
4. (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 the purposes of verifying or updating data and information provided in accordance (b) above. Site assessments shall be conducted between May and October.

5. (e) The site assessment shall include at least the following:

   1. (1) Site visit;
   2. (2) Benthic substrate evaluation to characterize the sediment types;
   3. (3) Review of the fisheries uses in the area;
   4. (4) Typical wildlife and aquatic plants;
   5. (5) Location of channel, navigational aids, or moorings;
   6. (6) Recreational, commercial, or other activities being conducted in the area;
   7. (7) Tidal information such as flow rate, height, or direction; and
   8. (8) Location of other aquaculture activities within one mile of the proposed site(s).
6. (f) After the information required in (b) above 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.

7. (g) Upon being notified that the hearing date has been scheduled, the applicant shall:

   1. (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. (2) Send copies of the information required in (b) above 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:

      1. a. The NH department of health and human services;
      2. b. The NH department of environmental services;
      3. c. The NH port authority, the Army Corps of Engineers;
      4. d. The Environmental Protection Agency;
      5. e. The United States Coast Guard; or
      6. f. The National Marine Fisheries Services.

8. (h) The notice to land owners required in (g)(1) above shall include:

   1. (1) The details of the project;
   2. (2) The exact location(s) of the project;
   3. (3) The date, time, and place of the public hearing;
   4. (4) The address to comment in writing; and
   5. (5) The deadline for written comment, which shall be 14 days after the scheduled public hearing.
9. (i) The executive director shall provide public notice, on the department’s website and through published means as available, 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.
10. (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.

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, EXPIRES: 6-5-15 New. #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