§187A-6 - Special activity permits.
§187A-6 Special
activity permits. (a) Notwithstanding
the provisions of any other law, the department may take aquatic life or
possess or use any fishing gear for scientific, educational, management, or
propagation purposes, for removal of aquatic species, or for
implementing the powers and duties as described by section 187A-2; subject to chapter 195D. The department shall consider using chemicals or electrofishing devices
only when it has determined that no other reasonable alternative would be appropriate.
The application of chemicals or operation of electrofishing devices shall be in
accordance with established procedures and with the proper training to ensure
that the intended results are achieved.
(b) Notwithstanding the provisions of any
other law, the department may issue permits, not longer than one year in
duration, to any person to take aquatic life, possess or use fishing gear, or
engage in any feeding, watching, or other such non-consumptive activity related
to aquatic resources, otherwise prohibited by law, in any part of the State,
for scientific, educational, management, or propagation purposes, subject to
chapter 195D and subject to those restrictions the department deems desirable.
The department may revoke any permit for any infraction of the terms and
conditions of the permit. Any person whose permit has been revoked shall not
be eligible to apply for another permit until the expiration of one year from
the date of revocation.
(c) The department may adopt rules pursuant to
chapter 91 for the purpose of this section.
(d) For the purposes of this section, unless
the context clearly indicates otherwise:
"Fishing
gear" means any device, including the use of any chemical or electricity
that is either designed to take aquatic life or could be used to take aquatic
life. [L 1985, c 94, pt of §1; am L 1991, c 160, §3; am L 1992, c 96,
§1; am L 2002, c 96, §1]