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REMAKING NOTICE FORM Rule Number Is 602.12(e), 608.05, 609.03 & Notice Number 610.02 2. RSA Authority: 211:38-a 1. Agency Name & Address: 3. Federal Authority: NH Fish and Game Department 4. Type
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03 and 610.16(c)(2)). The interim rules have been effective for two years. The rule is to be adopted to eliminate the temporary restrictions on processing lobster tail (Is 610.03 and 610.16(c)(2)). The temporary restriction on processing lobster tails that was in Effect prior to the adoption of the interim rule for two years has been removed. The temporary restriction, as well as the permanent restriction, on processing lobster tails have been ineffective because the tail meat was not removed properly. The temporary restriction on lobster tail processor operations has also been ineffective because it was not reviewed, as required by section 7-202.03. It also required the Department to establish rules that were ineffective because they would have denied economic opportunity. The Department has determined it is in the public interest to adopt the rule with the interim rules repealed and to remove the temporary restrictions on processing lobster tails that have no effect. (b) Description of the rule: The rule will adopt the interim lobster tail processing restrictions effective December 14, 2004, and the temporary lobster tail processing restriction effective November 22, 2006, to read the following: 7-202.06L: LOBSTER TAIL PROCESSING: PROCESS, MAINTENANCE, AND RETURN OF FISH. PROCESSING LIMITS The person may process one lobster tail and process it after: (1) the lobster tail is not in immediate danger of being rejected for health reasons or as a result of adverse market conditions or other conditions that adversely affect the public food supply, and (2) if a processed lobster tail is in immediate danger of being rejected for public health reasons or as a result of such conditions and the person obtains the consent of the appropriate person, other than a licensee, in the Department's possession. The person may process two and one-half ounces of lobster tails prior to any other processing limits, in addition to the lobster tail processing limit, as described in paragraph (c) of this section. The person may process three or more lobsters tail and may process them in the same day when not in immediate danger of being rejected for health reasons, provided that the following conditions are satisfied: (1) the person is not in violation of section 7-202.

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