N.H. Code Admin. R. Ann. Fis — Executive Director, Fish and Game Department www.wildlife.state.nh.us

Chapter Fis 100 Organizational Rules

Part Fis 101 Definitions

N.H. Code Admin. R. Ann. Fis 101.01 Commission {#sec-fis-101.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 101.01}

“Commission” means the New Hampshire fish and game commission.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15

N.H. Code Admin. R. Ann. Fis 101.02 Department {#sec-fis-101.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 101.02}

“Department” means the New Hampshire fish and game department.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15

N.H. Code Admin. R. Ann. Fis 101.03 Director {#sec-fis-101.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 101.03}

“Director” means the executive director of the fish and game department.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15

Part Fis 102 Description of Department

N.H. Code Admin. R. Ann. Fis 102.01 Fish and Game Department {#sec-fis-102.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.01}

(a) Pursuant to RSA 206:1, there is an agency known as the fish and game department under a commission, known as the fish and game commission. The commissioners represent the state’s citizens, are stewards of the fish, wildlife, and marine resources of the state, and set general policy in accordance with RSA 206:4-a.

(b) The executive director of the fish and game department has general supervision and control of all activities, functions, and employees of the department pursuant to RSA 206:8 and RSA 206:10.

(c) The department’s mission statement is: As the guardian of the state's fish, wildlife and marine resources, the New Hampshire fish and game department works in partnership with the public:

(1) To conserve, manage, and protect these resources and their habitats;

(2) To inform and educate the public about these resources; and

(3) To provide the public with opportunities to use and appreciate these resources.

(d) The fish and game department includes the following administrative offices and facilities:

(1) The fish and game department headquarters in Concord;

(2) The Region 1 office in Lancaster;

(3) The Region 2 office in New Hampton;

(4) The Region 3 office in Durham;

(5) The Region 4 office in Keene;

(6) The following fish hatcheries:

a. The Berlin fish hatchery in Berlin;

b. The Twin Mountain fish hatchery in Whitefield;

c. The Milford fish hatchery in Milford;

d. The Warren fish hatchery in Warren;

e. The New Hampton fish hatchery in New Hampton; and

f. The Powder Mill fish hatchery in New Durham

(7) The following visitor centers:

a. Visitor centers at the hatchery facilities of Berlin, Twin Mountain, Milford, Warren; and

b. The Discovery Room at the Concord headquarters;

(8) The Hugh Gregg Coastal Conservation Center and the Great Bay Discovery Center, part of the Great Bay National Estuarine Research Reserve; and

(9) Owl Brook Hunter Education Center.

(e) The department is made up of seven divisions and the office of the director, each described below.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15

N.H. Code Admin. R. Ann. Fis 102.02 Fish {#sec-fis-102.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.02}

and Game Commission.

(a) The commission consists of 11 members. Each of the first 10 commissioners shall reside in a different county, and the eleventh commissioner, representing the coastal region, shall reside in Portsmouth, Seabrook, Rye, Hampton, Hampton Falls, North Hampton, Newington, Greenland, Stratham, Exeter, Newfields, Newmarket, Durham, Madbury, Dover, Rollinsford, or New Castle. The general charge and authority, composition, and appointment of the commission is described in RSA 206:1 through RSA 206:7.

(b) The commission establishes general policy for the department in the areas described in RSA 206:4-a.

(c) Pursuant to RSA 206:8, the commission shall nominate, and the governor and council shall appoint an executive director. RSA 206:8 also specifies the process to appoint an acting director in the event the director’s position becomes vacant during the term of office.

(d) The commission’s role in the rulemaking process for the department is specified in various statutes in Title XVIII and may require the commission to consult with the executive director with respect to certain topics, or to approve rules prior to adoption by the executive director.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15 (from Fis 102.01)

N.H. Code Admin. R. Ann. Fis 102.03 Executive Director {#sec-fis-102.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.03}

(a) The director's general powers are described in RSA 206:10.

(b) The director shall, pursuant to RSA 206:8, have general supervision and control of all activities, functions, and employees of the department, shall enforce all the provisions of the laws of the state relating to fish, wildlife resources, and marine species, and shall exercise all necessary powers incident thereto.

(d) The office of the director is also responsible for landowner relations, the coordination of environmental review, federal grants administration, and legislation.

(e) The executive director, under the supervision of the commission, has the exclusive power to expend department funds in accordance with RSA 206:38.

History

#444, eff 6-17-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15 (from Fis 102.02)

N.H. Code Admin. R. Ann. Fis 102.04 Fisheries Division {#sec-fis-102.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.04}

(a) The fisheries division is also known as the inland fisheries division and is responsible for providing fishing opportunities for the state’s anglers, research and management practices for freshwater fisheries on inland and interstate waters of the state, and the state's fish hatcheries and fish stocking program.

(b) Fishing tournament and derby applications are also handled by the fisheries division.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15 (from Fis 102.03)

N.H. Code Admin. R. Ann. Fis 102.05 Wildlife {#sec-fis-102.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.05}

Division.

(a) The wildlife division is responsible for managing and maintaining the state’s wildlife at levels consistent with available habitat, diverse public desires, and broad ecological considerations. The division promotes the security of critical wildlife habitat through education, management, and protection. Wildlife biologists conduct surveys to monitor populations and assess public desires, oversee applied research that provides essential management information, and coordinate the establishment of seasons for the taking of certain wildlife.

(b) The wildlife division is responsible for identifying and protecting threatened and endangered species, and the development and implementation of comprehensive game and nongame species management programs and plans, including over 400 species which are not hunted, trapped, or fished.

(c) The protection, restoration, and active management of wildlife habitat on public lands throughout the state are accomplished through the division's staff, who also provide technical assistance to private landowners, including industrial forest managers. The division also actively purchases land and easements in order to protect and conserve important wildlife habitat.

(d) Division services also include assistance in preventing or reducing wildlife damage to orchards, agricultural lands and other private property, mitigating diverse wildlife/human conflicts, and monitoring for and responding to diverse disease threats of significant potential economic, ecological, and human health consequences.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15

N.H. Code Admin. R. Ann. Fis 102.06 Law Enforcement Division {#sec-fis-102.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.06}

(a) The law enforcement division is responsible for enforcing all fish and game statutes and rules and performs other law enforcement duties as authorized by RSA 206:26 and RSA 206:26-b.

(b) The division is also responsible for search and rescue operations in the woodlands and inland waters of the state and for enforcement of OHRV and snowmobile regulations.

(c) General information on fish and game statutes and rules and their enforcement and applicability may be obtained from this division.

(d) Information for and permits relative to the following may be obtained from the law enforcement division:

(1) Permits to guide bear;

(2) Permits to exhibit wildlife;

(3) State and Federal falconry permits;

(4) Permits to import wildlife;

(5) Permits to possess wildlife;

(6) Permits to propagate wildlife;

(7) Regulated shooting area permits;

(8) Permits to rehabilitate wildlife;

(9) Permits to release wildlife;

(10) NH wildlife permits for wildlife killed by a motor vehicle;

(11) NH special wildlife permits; and

(12) OHRV event permits.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15 (from Fis 102.05)

N.H. Code Admin. R. Ann. Fis 102.07 Business Division {#sec-fis-102.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.07}

(a) The business division is responsible for

(1) The issuance and sale of fishing, hunting and special licenses and associated permits, hike safe cards, and OHRV and snowmobile registrations;

(2) Supervising the purchase of all equipment, materials, supplies, and services;

(3) The maintenance of the physical plant of the department;

(4) Managing of the department’s fleet vehicles, boats, OHRVs and snowmobiles;

(5) All business administration and accounting functions; and

(6) Maintaining the department’s equipment and consumable inventory.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15 (from Fis 102.06)

N.H. Code Admin. R. Ann. Fis 102.08 Public Affairs Division {#sec-fis-102.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.08}

(a) The public affairs division is responsible for:

(1) Public relations, the preparation and dissemination of information regarding department activities in the form of publications, the internet, broadcast media coverage and programs, informational videos, shows and exhibits, education, marketing, promotion, and advertising;

(2) Human dimension research, media relations, and fund raising;

(3) Science content training for NH teachers and a range of educational programs;

(4) Wildlife conservation education, development and implementation of programs for wildlife watching and tourism, including visitor centers, exhibit design, and watchable wildlife trails and sites; and

(5) Aquatic education programs and the mandatory hunter, bowhunter, and trapper education programs.

History

#444, eff 6-17-74; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15

N.H. Code Admin. R. Ann. Fis 102.09 Marine Division {#sec-fis-102.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.09}

(a) The marine division is responsible for research and management of the state’s marine resources which includes saltwater, estuarine, and diadromous resources and habitats in the marine and estuarine waters of the state.

(b) This division is be responsible for the regulation and promotion of both recreational and commercial marine fishing, interjurisdictional management of fishing resources, and conservation of the fisheries resources and their habitat to ensure their continued existence.

(c) The chief of the marine division represents the state as commissioner to the Atlantic States Marine Fisheries Commission and as a member on the New England Fisheries Management Council.

History

#1164, eff 4-25-78; ss by #1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss and moved by #4899, eff 8-3-90 (see Fis 103.01)
#4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15

N.H. Code Admin. R. Ann. Fis 102.10 Facilities and Lands Division {#sec-fis-102.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 102.10}

(a) The facilities and lands division manages the maintenance, planning, design, and construction of public works projects, such as buildings, dams, boat ramps, and access sites throughout the state. This division is also responsible for the coordination of land conservation projects, including purchase and sale, easements, land use agreements, and special use permits.

History

#1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss and moved by #4899, eff 8-3-90 (see Fis 104.01)
#11002, eff 12-22-15

Part Fis 103 Information Requests

N.H. Code Admin. R. Ann. Fis 103.01 Requests for information {#sec-fis-103.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 103.01}

(a) Requests for information pursuant to RSA 91-A:4 shall be made directly to:

Executive Director

NH Fish and Game Department

11 Hazen Drive

Concord, NH 03301

(b) Requests for other information may be addressed to the executive director, public affairs, or addressed directly to a specific division which is responsible for the program for which the information is being requested.

Table 200.01 Department Contact Information

Telephone #

Address

Concord Headquarters

603-271-3421

11 Hazen Drive

Concord, NH 03301

Licensing Information

603-271-3422

Executive Director’s Office

603-271-3511

Business Office

603-271-2741

Inland Fisheries

603-271-2501

Law Enforcement

603-271-3217

Marine Fisheries (Durham)

603-868-1095

Public Affairs

603-271-3211

Wildlife

603-271-2462

Facilities and Lands

603-271-1134

Region 1 Office Lancaster

603-788-3164

629B Main St

Lancaster, NH 03584-3612

Region 2 Office New Hampton

603-744-5470

PO Box 417, 200 Main St

New Hampton, NH 03256

Region 3 Office Durham

603-868-1095

225 Main Street

Durham NH 03824-4732

Region 4 Office Keene

603-352-9669

25 State Highway 9

Keene, NH 03431

(d) Any person receiving copies of records pursuant to RSA 91-A shall pay to the department the actual cost of providing the copy which shall be ten cents per page.

APPENDIX

Rule

Specific State Statute the Rule Implements

Fis 100

RSA 541-A:16, I (a)

Fis 102.01

RSA 206:1; 206:4-a; 206:8; 206:10

Fis 102.02

RSA 206:1; 206:1-b; 206:2; 206:2-a; 206:8

Fis 102.03

RSA 206:8; 206:10; 206:38

Fis 102.04 – 102.10

RSA 206:1-b

Fis 103

RSA 91-A:4

History

#4899, eff 8-3-90 (from Fis 102.09); ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#11002, eff 12-22-15 (formerly Fis 104.01)

Chapter Fis 200 Rules of Practice and Procedure

Part Fis 202 Definitions

N.H. Code Admin. R. Ann. Fis 202.01 Definitions {#sec-fis-202.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 202.01}

(a) “Appearance” means a written notification to the department that a party or a party’s representative intends to actively participate in a hearing.

(b) “Department” means the fish and game department.

(c) “Hearing” means “adjudicative proceeding” as defined by RSA 541-A:1, I, namely, “the procedure to be followed in contested cases, as set forth in RSA 541-A:31 through RSA 541-A:36.”

(d) “License” means “the whole or part of any agency permit, certificate, approval, registration, charter or similar form of permission required by Title XVIII.

(e) “Motion” means a request to the presiding officer for an order or ruling directing some act to be done in favor of the party making the motion, including a statement of justification or reasons for the request.

(f) “Natural person” means a human being.

(g) “Order” means “order” as defined by RSA 541-A:1, XI, namely, “the whole or part of an agency’s final disposition of a matter, other than a rule, but does not include an agency’s decision to initiate, postpone, investigate or process any matter, or to issue a complaint or citation”.

(h) “Party” means “party” as defined by RSA 541-A:1, XII, namely, “each person or agency named or admitted as a party, or properly seeking and entitled as a right to be admitted as a party.” The term “party” includes all intervenors in a proceeding, subject to any limitations established pursuant to RSA 541-A:33, III.

(i) “Person” means “person” as defined by RSA 541-A:1, XIII, namely, “any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than an agency.”

(j) “Presiding officer” means presiding officer as defined in RSA 541-A:1, XIV, namely, “that individual to whom the agency has delegated the authority to preside over a proceeding, if any; otherwise it shall mean the head of the agency.”

(k) “Proof by a preponderance of the evidence” means a demonstration by admissible evidence that a fact or legal conclusion is more probable than not to be true.

(l) “Revocation” means “revocation” as defined in RSA 207:1, XXIII-a, namely, “the recession, cancellation, nullification or invalidation of a license, the ability to acquire a license, or the ability to participate in any of the activities specified in the revocation.

(m) “Suspension” means “suspension” as defined in RSA 207:1, XXVI-a, namely, “the temporary discontinuance or cessation for a period of time of a license, the ability to acquire a license or the ability to participate in any of the activities specified in the suspension.

(n) “Working days” means calendar days exclusive of Saturdays, Sundays, and state or federal holidays.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96
#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 203 Presiding Officer; Withdrawal and Waiver of Rules

N.H. Code Admin. R. Ann. Fis 203.01 Presiding Officer; Appointment; Authority {#sec-fis-203.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 203.01}

(a) All hearings shall be conducted for the department by a natural person appointed or authorized to serve as a presiding officer.

(b) A presiding officer shall as necessary:

(1) Regulate and control the course of a hearing;

(2) Facilitate an informal resolution of an appeal;

(3) Administer oaths and affirmations;

(4) Receive relevant evidence at hearings and exclude irrelevant, immaterial or unduly repetitious evidence;

(5) Rule on procedural requests, including adjournments or postponements, at the request of a party or on the presiding officer's own motion;

(6) Question any person who testifies;

(7) Cause a complete record of any hearing to be made, as specified in RSA 541-A:31, VI; and

(8) Take any other action consistent with applicable statutes, rules and case law necessary to conduct the hearing and complete the record in a fair and timely manner.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96
#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 203.02 Withdrawal of Presiding Officer or Department Official {#sec-fis-203.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 203.02}

(a) Upon his or her own initiative or upon the motion of any party, a presiding officer shall, for good cause withdraw from any hearing.

(b) Good cause shall exist if a presiding officer:

(1) Has a direct interest in the outcome of a proceeding, including, but not limited to, a financial or family relationship, within the third degree of relationship, with any party; or

(2) Has made statements or engaged in behavior which objectively demonstrates that he or she has prejudged the facts of a case; or

(3) Personally believes that he or she cannot fairly judge the facts of a case.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96
#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 203.03 Waiver or Suspension of Rules by Presiding Officer {#sec-fis-203.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 203.03}

The presiding officer, upon his or her own initiative or upon the motion of any party, shall suspend or waive any requirement or limitation imposed by this chapter upon reasonable notice to affected persons when the proposed waiver or suspension appears to be lawful, and would be more likely to promote the fair, accurate and efficient resolution of issues pending before the department than would adherence to a particular rule or procedure.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96
#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 204 Filing, Format and Delivery of Documents

N.H. Code Admin. R. Ann. Fis 204.01 Date of Issuance or Filing {#sec-fis-204.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 204.01}

All written documents governed by these rules shall be rebuttably presumed to have been issued on the date noted on the document and to have been filed with the department on the actual date of receipt by the department, as evidenced by a date stamp placed on the document by the department in the normal course of business.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96
#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 204.02 Format of Documents {#sec-fis-204.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 204.02}

(a) All correspondence, pleadings, motions or other documents filed under these rules shall:

(1) Include the title and docket number of the proceeding, if known;

(2) Be typewritten or clearly printed on durable paper 8 1/2 by 11 inches in size;

(3) Be signed by the party or proponent of the document, or, if the party appears by a representative, by the representative; and

(4) Include a statement certifying that a copy of the document has been delivered to all parties to the proceeding in compliance with Fis 203.03.

(b) A party or representative's signature on a document filed with the department shall constitute certification that:

(1) The signer has read the document;

(2) The signer is authorized to file it;

(3) To the best of the signer’s knowledge, information and belief there are good and sufficient grounds to support it; and

(4) The document has not been filed for purposes of delay.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4856, eff 7-3-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96
#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 204.03 Delivery of Documents {#sec-fis-204.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 204.03}

(a) Copies of all petitions, motions, exhibits, memoranda, or other documents filed by any party to a proceeding governed by these rules shall be delivered by that party to all other parties to the proceeding.

(b) All notices, orders, decisions or other documents issued by the presiding officer or department shall be delivered to all parties to the proceeding.

(c) Delivery of all documents relating to a proceeding shall be made by personal delivery or by depositing a copy of the document, by first class mail, postage prepaid, in the United States mail, addressed to the last address given to the department by the party.

(d) When a party appears by a representative, delivery of a document to the party's representative at the address stated on the appearance filed by the representative shall constitute delivery to the party.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 205 Time Periods

N.H. Code Admin. R. Ann. Fis 205.01 Computation of Time {#sec-fis-205.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 205.01}

(a) Unless otherwise specified, all time periods referenced in this chapter shall be calendar days.

(b) Computation of any period of time referred to in these rules shall begin with the day after the action which sets the time period in motion, and shall include the last day of the period so computed.

(c) If the last day of the period so computed falls on a Saturday, Sunday or legal holiday, then the time period shall be extended to include the first business day following the Saturday, Sunday or legal holiday.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 206 Motions

N.H. Code Admin. R. Ann. Fis 206.01 Motions; Objections {#sec-fis-206.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 206.01}

(a) Motions shall be in written form and filed with the presiding officer, unless made in response to a matter asserted for the first time at a hearing or on the basis of information which was not received in time to prepare a written motion.

(b) Oral motions and any oral objection to such motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the motion requires additional information in order to be fully and fairly considered, the presiding officer shall direct the moving party to submit the motion in writing, with supporting information.

(d) Failure by an opposing party to object to a motion shall not in and of itself constitute grounds for granting the motion.

(e) The presiding officer shall rule upon a motion after full consideration of all objections and other factors relevant to the motion.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 207 Notice of Hearing; Appearances; Pre-Hearing Conferences

N.H. Code Admin. R. Ann. Fis 207.01 Commencement of Hearing {#sec-fis-207.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 207.01}

A hearing shall be commenced by an order of the department giving notice to the parties as required by Fis 207.03.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 207.02 Docket Numbers {#sec-fis-207.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 207.02}

A docket number shall be assigned to each matter to be heard which shall appear on the notice of hearing and all subsequent orders or decisions of the agency.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 207.03 Notice of Hearing {#sec-fis-207.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 207.03}

(a) A notice of a hearing issued by the department shall contain the information required by RSA 541-A:31, III, namely:

(1) A statement of the time, place and nature of any hearing;

(2) A statement of the legal authority under which a hearing is to be held;

(3) A reference to the particular statutes and rules involved including this chapter;

(4) A short and plain statement of the issues presented; and

(5) A statement that each party has the right to have an attorney represent them at their own expense.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 207.04 Appearances and Representation {#sec-fis-207.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 207.04}

(a) A party or the party’s representative shall file an appearance that includes the following information:

(1) A brief identification of the matter;

(2) A statement as to whether or not the representative is an attorney and if so, whether the attorney is licensed to practice in New Hampshire; and

(3) The party or representative's daytime address and telephone number.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 207.05 Prehearing Conference {#sec-fis-207.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 207.05}

(a) Any party may request, or the presiding officer shall schedule on his or her own initiative, a prehearing conference in accordance with RSA 541-A:31, V to consider:

(1) Offers of settlement;

(2) Simplification of the issues;

(3) Stipulations or admissions as to issues of fact or proof by consent of the parties;

(4) Limitations on the number of witnesses;

(5) Changes to standard procedures desired during the hearing by consent of the parties;

(6) Consolidation of examination of witnesses; or

(7) Any other matters which aid in the disposition of the proceeding.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 207.06 Order of Revocation or Suspension {#sec-fis-207.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 207.06}

– Moved to Fis 1803

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 208 Roles of Department Staff and Complainants

N.H. Code Admin. R. Ann. Fis 208.01 Role of Department Staff in Enforcement or Disciplinary Hearings {#sec-fis-208.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 208.01}

Unless called as witnesses, department staff shall have no role in any enforcement or disciplinary hearing.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 208.02 Role of Complainants in Enforcement or Disciplinary Hearings {#sec-fis-208.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 208.02}

Unless called as a witness or granted party or intervenor status, a person who initiates an adjudicative proceeding by complaining to the department about the conduct of person who becomes a party shall have no role in any enforcement or disciplinary hearing.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 209 Intervention

N.H. Code Admin. R. Ann. Fis 209.01 Intervention {#sec-fis-209.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 209.01}

(a) A non-party may intervene in a matter pending before the department under the provisions of RSA 541-A: 32, by filing a motion stating facts demonstrating that the non-party's rights or other substantial interests might be affected by the proceeding or that the non-party qualifies as an intervener under any provision of law.

(b) If the presiding officer determines that such intervention would be in the interests of justice and would not impair the orderly and prompt conduct of the hearing, he or she shall grant the motion for intervention.

(c) Except as limited by the presiding officer under RSA 541-A:32, III, an intervener shall be entitled to participate in a hearing as a party.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 210 Postponement Requests and Failure to Attend Hearing

N.H. Code Admin. R. Ann. Fis 210.01 Postponements {#sec-fis-210.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 210.01}

(a) Any party to a hearing may make an oral or written motion that a hearing be postponed to a later date or time.

(b) If a postponement is requested by a party to the hearing, it shall be granted if the presiding officer determines that good cause has been demonstrated. Good cause shall include the unavailability of parties, witnesses or attorneys necessary to conduct the hearing, the likelihood that a hearing will not be necessary because the parties have reached a settlement or any other circumstances that demonstrate that a postponement would assist in resolving the case fairly.

(c) If the later date, time and place are known at the time of the hearing that is being postponed, the date, time and place shall be stated on the record. If the later date, time and place are not known at the time of the hearing that is being postponed, the presiding officer shall issue a written scheduling order stating the date, time and place of the postponed hearing as soon as practicable.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 210.02 Failure to Attend Hearing {#sec-fis-210.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 210.02}

(a) If any party to whom notice has been given in accordance with Fis 207.03 fails to attend a hearing, the presiding officer shall declare that party to be in default.

(b) The presiding officer shall either:

(1) Dismiss the case, if the party with the burden of proof fails to appear; or

(2) Hear the testimony and receive the evidence offered by a party, if that party has the burden of proof in the case.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 211 Requests for Information or Documents

N.H. Code Admin. R. Ann. Fis 211.01 Voluntary Production of Information {#sec-fis-211.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 211.01}

(a) Each party shall attempt in good faith to make complete and timely response to requests for the voluntary production of information or documents relevant to the hearing.

(b) When a dispute between parties arises concerning a request for the voluntary production of information or documents, any party may file a motion to compel the production of the requested information under Fis 211.02.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 211.02 Motions to Compel Production of Information {#sec-fis-211.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 211.02}

(a) Any party may make a motion requesting that the presiding officer order the parties to comply with information requests. The motion shall be filed at least 30 days before the date scheduled for the hearing, or as soon as possible after receiving the notice of hearing if such notice is issued less than 30 days in advance of the hearing.

(b) The moving party’s motion shall:

(1) Set forth in detail those factors which it believes justify its request for information; and

(2) List with specificity the information it is seeking to discover.

(c) When a party has demonstrated that such requests for information are necessary for a full and fair presentation of the evidence at the hearing, the presiding officer shall grant the motion.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 211.03 Mandatory Pre-Hearing Disclosure of Witnesses and Exhibits {#sec-fis-211.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 211.03}

At least 5 working days before the hearing the parties shall exchange a list of all witnesses to be called at the hearing with a brief summary of their testimony, a list of all documents or exhibits to be offered as evidence at the hearing, and a copy of each document or exhibit.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 212 Record, Proof, Evidence and Decisions

N.H. Code Admin. R. Ann. Fis 212.01 Record of the Hearing {#sec-fis-212.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 212.01}

(a) The department shall record the hearing by tape recording or other method that will provide a verbatim record.

(b) If any person requests a transcript of the taped record, the department shall cause a transcript to be prepared and, upon receipt of payment for the cost of the transcription, shall provide copies of the transcript to the requesting party.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 212.02 Standard and Burden of Proof {#sec-fis-212.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 212.02}

The party asserting a proposition shall bear the burden of proving the truth of the proposition by a preponderance of the evidence.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 212.03 Testimony; Order of Proceeding {#sec-fis-212.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 212.03}

(a) Any person offering testimony, evidence or arguments shall state for the record his or her name, and role in the proceeding. If the person is representing another person, the person being represented shall also be identified.

(b) Testimony shall be offered in the following order:

(1) The party or parties bearing the burden of proof and such witnesses as the party may call; and

(2) The party or parties opposing the party who bears the overall burden of proof and such witnesses as the party may call.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 212.04 Evidence {#sec-fis-212.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 212.04}

(a) Receipt of evidence shall be governed by the provisions of RSA 541-A:33.

(b) All documents, materials and objects offered as exhibits shall be admitted into evidence unless excluded by the presiding officer as irrelevant, immaterial, unduly repetitious or legally privileged.

(c) All objections to the admissibility of evidence shall be stated as early as possible in the hearing, but not later than the time when the evidence is offered.

(d) Transcripts of testimony and documents or other materials, admitted into evidence shall be public records except to the extent the presiding officer determines that all or part of a transcript or document is exempt from disclosure under RSA 91-A:5 or applicable case law.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 212.05 Proposed Findings of Fact and Conclusions of Law {#sec-fis-212.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 212.05}

(a) Any party may submit proposed findings of fact and conclusions of law to the presiding officer prior to or at the hearing.

(b) Upon request of any party, or if the presiding officer determines that proposed findings of fact and conclusions of law would serve to clarify the issues presented at the hearing, the presiding officer shall specify a date after the hearing for the submission of proposed findings of fact and conclusions of law.

(c) In any case where proposed findings of fact and conclusions of law are submitted, the decision shall include rulings on the proposals.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 212.06 Closing the Record {#sec-fis-212.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 212.06}

(a) After the conclusion of the hearing, the record shall be closed and no other evidence shall be received into the record, except as allowed by (b) below and Fis 212.08.

(b) Before the conclusion of the hearing, a party may request that the record be left open to allow the filing of specified evidence not available at the hearing. If the other parties to the hearing have no objection or if the presiding officer determines that such evidence is necessary to a full consideration of the issues raised at the hearing, the presiding officer shall keep the record open for the period of time necessary for the party to file the evidence.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 212.07 Reopening the Record {#sec-fis-212.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 212.07}

At any time prior to the issuance of the decision on the merits, the presiding officer, on the presiding officer’s own initiative or on the motion of any party, shall reopen the record to receive relevant, material and non-duplicative testimony, evidence or arguments not previously received, if the presiding officer determines that such testimony, evidence or arguments are necessary to a full and fair consideration of the issues to be decided.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 212.08 Decisions {#sec-fis-212.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 212.08}

(a) The executive director shall not participate in making a decision unless he or she personally heard the testimony in the case, unless the matter’s disposition does not depend on the credibility of any witness and the record provides a reasonable basis for evaluating the testimony.

(b) If a presiding officer has been delegated the authority to conduct a hearing in the absence of executive director who is to render a final decision, the presiding officer shall submit to the department a written proposal for decision, which shall contain a statement of the reasons for the decision and findings of fact and rulings of law necessary to the proposed decision.

(c) If a proposal for decision in a matter not personally heard by the executive director is adverse to a party to the proceeding other than the department itself, the department shall serve a copy of the proposal for decision on each party to the proceeding and provide an opportunity to file exceptions and present briefs and oral arguments to the executive director.

(d) A proposal for decision shall become a final decision upon its approval by the executive director .

(e) The department shall keep a decision on file in its records for at least 5 years following the date of the final decision or the date of the decision on any appeal, unless the director of the division of records management and archives of the department of state sets a different retention period pursuant to rules adopted under RSA 5:40.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 213 Motion for Rehearing

N.H. Code Admin. R. Ann. Fis 213.01 Purpose {#sec-fis-213.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 213.01}

The rules in this part are intended to supplement any statutory provisions, including RSA 541, that require or allow a person to request a rehearing of a decision of the department prior to appealing the decision.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 213.02 Applicability {#sec-fis-213.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 213.02}

The rules in this part shall apply whenever any person has a right under applicable law to request a rehearing of a decision prior to filing an appeal of the decision with the court having appellate jurisdiction.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 213.03 Filing and Content of Motion {#sec-fis-213.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 213.03}

(a) A motion for rehearing shall be filed within 30 days of the date of the department decision or order.

(b) A motion for rehearing shall:

(1) Identify each error of fact, error of reasoning, or error of law which the moving party wishes to have reconsidered;

(2) Describe how each error causes the department’s decision to be:

a. Unlawful, unjust or unreasonable;

b. Or illegal in respect to jurisdiction, authority or observance of the law;

c. An abuse of discretion;

d. Or arbitrary or capricious;

(3) State concisely the factual findings, reasoning or legal conclusion proposed by the moving party; and

(4) Include any argument or memorandum of law the moving party wishes to file.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 213.04 Standard for Granting Motion for Rehearing {#sec-fis-213.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 213.04}

(a) A motion for rehearing in a case subject to appeal under RSA 541 shall be granted if it demonstrates that the department’s decision is unlawful, unjust or unreasonable.

(b) A motion for rehearing in a case subject to appeal by petition for writ of certiorari shall be granted if it demonstrates that the department’s decision is illegal in respect to jurisdiction, authority or observance of law, an abuse of discretion or arbitrary, unreasonable or capricious.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

N.H. Code Admin. R. Ann. Fis 213.05 Decision on Motion for Rehearing {#sec-fis-213.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 213.05}

The department shall grant or deny a motion for rehearing, or suspend the order or decision pending further consideration within 10 days of the filing of the motion for rehearing.

History

#7382, eff 10-25-00, EXPIRED: 10-25-08
#9332, INTERIM, eff 11-27-08, EXPIRED: 5-26-09
#9636-A, eff 1-12-10

Part Fis 214 Rulemaking Petitions

N.H. Code Admin. R. Ann. Fis 214.01 Petitions to Department {#sec-fis-214.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 214.01}

(a) Petitions from any persons requesting adoption, amendment or repeal of a rule shall be received and disposed of in the following manner:

(1) Petitions shall be submitted to the executive director by letter typed or printed legibly and include the following information:

a. The date of the petitioning, the petitioner's name, address and telephone number;

b. The name and address of any organization petitioner represents;

c. A citation to the rule and its provisions with a specification of any changes desired, if repeal or amendment is sought; or the text of the proposed rule if adoption is sought;

d. A complete statement of the petitioner's reasons in support of the requested action; and

e. Petitioner shall sign the petition.

(2) If the executive director determines that any petition is deficient in any respect she or he shall, within 10 working days of receipt of said petition, notify the petitioner, in writing, of the specific deficiencies and allow the petitioner to amend the petition.

(3) Within 30 days of receipt of a petition, or amended petition, for rulemaking, the executive director shall take one of the following actions:

a. Initiate the requested rulemaking procedures, in accordance with RSA 541-A:3; or

b. Deny the petition, in writing, stating the reasons for denial.

History

#9541, INTERIM, eff 9-10-09, EXPIRES: 3-9-10; ss by #9636-A, eff 1-12-10

Part Fis 215 Rulemaking Hearings

N.H. Code Admin. R. Ann. Fis 215.01 Rulemaking Hearing {#sec-fis-215.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 215.01}

(a) The executive director or designee, acting as the presiding officer, shall open an oral public hearing by describing in general terms the purpose of the hearing and procedures governing its conduct.

(b) If the purpose of the hearing is to provide information to the public, the presiding officer or such other person as the presiding officer designates shall then present such information.

(c) After the opening statement and presentation of information, if any, the presiding officer shall open the hearing to receive comments and questions from the persons attending the hearing.

(d) Any individual wishing to submit exhibits or written testimony at an oral public hearing shall do so to the presiding officer, provided the individual signs and dates such testimony or exhibit(s).

(e) The presiding officer shall recognize each individual to present his or her testimony. Any individual testifying at an oral public hearing shall state his or her name, city or town of residence and whom he or she represents, if anyone, to the presiding officer.

(f) Individuals testifying shall direct his or her testimony to the presiding officer.

(g) The presiding officer shall:

(1) Refuse to recognize for speaking or revoke the recognition of any person who:

a. Speaks or acts in an abusive or disruptive manner;

b. Fails to keep comments relevant to the proposed rules that are the subject matter of the hearing; or

c. Restates more than once what he or she has already stated; and

(2) Set time limits on testimony, if necessary, to allow all the opportunity to speak a first time.

(h) The presiding officer shall close the oral public hearing when he or she determines that no one has further questions or comments that are relevant to the subject of the hearing.

(i) For rulemaking hearings, the record shall remain open for written comments until the date specified in the notice published pursuant to RSA 541-A.

History

#9636-A, eff 1-12-10

Part Fis 216 Declaratory Ruling Petitions

N.H. Code Admin. R. Ann. Fis 216.01 Declaratory Ruling Petitions {#sec-fis-216.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 216.01}

(a) Petitions from persons requesting a declaratory ruling as to the applicability of any statutory provisions or rules administered by the department, shall be received and disposed of in the following manner:

(1) Petitions shall be submitted in the form specified in Fis 215.01(a)(1);

(2) Petitions shall specifically identify the statutory provision or rule for which the declaratory ruling is sought;

(3) Petitions shall state the specific question or claim, with reasons in support thereof, as to the applicability of said statute or rule; and

(4) If the executive director determines that any petition is deficient in any respect, he or she shall, within 10 working days of receipt of said petition, notify the petitioner, in writing, of the specific deficiencies and allow the petitioner to amend the petition.

(5) The executive director shall respond to a petition or amended petition for a declaratory ruling in one of the following ways:

a. Issue a declaratory ruling responsive to the petition within 20 working days of receipt; or

b. Request the opinion of the attorney general within 10 working days of receipt, and issue a responsive declaratory ruling within 10 working days of receipt of the attorney general's reply.

History

#9636-A, eff 1-12-10

Part Fis 217 Explanation of a Rule

N.H. Code Admin. R. Ann. Fis 217.01 Explanation of Rule {#sec-fis-217.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 217.01}

(a) If requested by an interested person at any time before 30 days after final adoption of a rule, the adopting authority shall issue an explanation of the rule, which includes:

(1) A concise statement of the principal reasons for and against the adoption of the rule in its final form; and

(2) An explanation of why the adopting authority overruled the arguments and considerations against the rule.

APPENDIX

Rule(s)

State Statute (RSA)

Federal Statute

Federal Regulation

Fis 202.01

RSA 541-A:29-39

Fis 203.01

RSA 541-A:29-32

Fis 203.02

RSA541-A:30-a, III (k);

RSA 541-A:36

Fis 203.03

RSA 541-A:22, IV;

RSA 541-A:30-a, III (j)

Fis 204.01

RSA 541-A:29-35;

RSA 541-A:30-a, III (a)

Fis 204.02

RSA 541-A:29-35;

RSA 541-A:30-a, III (a)

Fis 204.03

RSA 541-A:29-35;

RSA 541-A:30-a, III (a)

Fis 205.01

RSA 541-A:29-35;

RSA 541-A:30-a, III (f)

Fis 206.01

RSA 541-A:29-35;

RSA 541-A:30-a, III (a)

Fis 207.01

RSA 541-A:31

Fis 207.02

RSA 541-A:31, I, II

Fis 207.03

RSA 541-A:31, III

Fis 207.04

RSA 541-A:30-a, III (b)

Fis 207.05

RSA 541-A:31, V

Fis 207.06

RSA 214:19-a

Fis 208.01

RSA 541-A:30-a, III (g)

Fis 208.02

RSA 541-A:30-a, III (g)

Fis 209.01

RSA 541-A:30-a, III (g);

RSA 541-A:32

Fis 210.01

RSA 541-A:30-a, III (h)

Fis 210.02

RSA 541-A:29-39

Fis 211.01

RSA 541-A:30-a, III (c)

Fis 211.02

RSA 541-A:30-a, III (c)

Fis 211.03

RSA 541-A:30-a, III (c)

Fis 212.01

RSA 541-A:31, VI

Fis 212.02

RSA 541-A:30-a, III (e)

Fis 212.03

RSA 541-A:33

Fis 212.04

RSA 541-A:33

Fis 212.05

RSA 541-A:31, VI (e);

RSA 541-A:35

Fis 212.06

RSA 541-A:31; RSA 541-A:33

Fis 212.07

RSA 541-A:31; RSA 541-A:33;

RSA 541-A:30-a, III (i)

Fis 212.08

RSA 541-A:31; 541-A:33;

541-A:30-a, III (e)

Fis 213.01

RSA 541

Fis 213.02

RSA 541

Fis 213.03

RSA 541:3

Fis 213.04

RSA 541:4

Fis 214.01

RSA 541:4

Fis 215.01

RSA 541-A:16

Fis 216.01

RSA 541-A:16

Fis 217.01

RSA 541-A:16

History

#9636-B, eff 1-12-10

Chapter Fis 300 Wildlife Seasons and Rules

Part Fis 301 Game Animals

N.H. Code Admin. R. Ann. Fis 301.01 Definitions {#sec-fis-301.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.01}

(a) “Antler point” means an antler projection of at least one inch, measured from the base of the point at the main beam to the tip of the point. A broken main beam shall count as a point regardless of length.

(b) “Antlered deer” means a deer which has at least one antler 3 inches long, measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull.

(c) “Antlerless deer” means any deer which does not have at least one antler 3 inches long, measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull.

(d) “Baiting” means “baiting” as defined in RSA 207:1, II-a.

(e) “Baited area” means “baited area” as defined in RSA 207:1, II-b.

(f) “Bolt” means a short projectile for a crossbow that resembles an arrow.

(g) “Crossbow” means a device consisting of a bow mounted to a rigid stock for discharging quarrels, bolts, or arrows and having a mechanical means to hold and release the drawn string.

(h) “Quarrel” means a bolt with a 4-sided head and is often used as a synonym for bolt.

History

#7699, eff 6-5-02; ss by #8931, eff 7-6-07; ss by #9720-A, eff 6-5-10; ss by #12591, eff 7-25-18; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 301.02 Wildlife Management Units {#sec-fis-301.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.02}

(a) For purposes of this chapter, the state shall be divided into wildlife management units, also referred to as WMU’s, described as follows:

(1) Wildlife management unit - A1: From Stewartstown Beecher Falls Bridge in Stewartstown east to Rte. 3 then north on Rte. 3 to the Canadian border then following the Canadian/US border west and south to the VT/NH border, Connecticut River and continuing south to the Stewartstown Beecher Falls Bridge;

(2) Wildlife management unit – A2: From the Stewartstown/Beecher Falls Bridge in Stewartstown east to Rte. 3 in Stewartstown then north on Rte. 3 to the Canadian/US border northeast to the ME/NH border then following this south to Rte. 16 in Wentworth's Location, south on Rte. 16 to Rte. 26 in Errol, west on Rte. 26 in Errol to Colebrook, west on Lemington Rd. to the Colebrook-Lemington Bridge, then north along the NH/VT state line to the Stewartstown/Beecher Falls Bridge;

(3) Wildlife management unit - B: From the junction of the Connecticut River and the Upper Ammonoosuc River in Northumberland, north along the NH/VT state line to the Colebrook/Lemington bridge in Colebrook, east on Lemington Rd. to Rte. 3 in Colebrook, south on Rte. 3 to Rte. 26 in Colebrook, east on Rte. 26 to Rte. 16 in Errol, south on Rte. 16 to Rte. 110-A in Dummer, west on 110-A to Rte. 110 in West Milan, west on Rte. 110 to Rte. 3 in Groveton, north on Rte. 3 in Groveton to the Upper Ammonoosuc Bridge, west along the Upper Ammonoosuc River to its junction with the Connecticut River;

(4) Wildlife management unit – C1: From the junction of the Lost Nation Rd. in Northumberland and Rte. 110, east on Rte. 110 to Rte. 16 in Berlin, south on Rte. 16 to Rte. 2 in Gorham, west on Rte. 2 to North Rd. in Jefferson, north along North Rd. to Grange Rd., north on Grange Rd. to Lost Nation Rd., north on Lost Nation Rd. to the junction of Lost Nation Rd. and Rte. 110 in Northumberland;

(5) Wildlife management unit – C2: From the junction of Rte. 16 in Wentworth's Location and the ME/NH line, south on Rte. 16 to Rte. 110-A in Dummer, west on 110-A to Rte. 110 in Milan, south on 110 to Rte. 16 in Berlin, south on Rte. 16 to Rte. 2 in Gorham, east on Rte. 2 to the NH/ME state line, north on the NH/ME state line to its junction with Rte. 16 in Wentworth's Location;

(6) Wildlife management unit – D1: From the junction of the Lost Nation Rd. in Northumberland and Rte. 110, south along Lost Nation Rd. to Grange Rd., south on Grange Rd. to North Rd., south on North Rd. to Rte. 2 in Jefferson, east on Rte. 2 to Rte. 115 in Jefferson, south on Rte. 115 to Rte. 3 in Carroll, south on Rte. 3 to I-93 in Franconia, north on I-93 to the NH/VT state line, north on the NH/VT state line, to the junction of the Connecticut and Upper Ammonoosuc River in Northumberland, east along the Upper Ammonoosuc River to the Groveton/Rte. 3 bridge, south along Rte. 3 in Groveton, east on Rte. 110 to the junction of Rte. 110 and the Lost Nation Rd;

(7) Wildlife management unit – D2-west: From the junction of Rte. I-93 and the Vermont border in Littleton, south on I-93 to Rte. 142 in Franconia, south on Rte. 142 to Rte. 18, west on Rte. 18 to Rte. 116, south on Rte 116 to Rte. 112 and Rte. 116, west on Rte 116 to Long Pond Rd. (i.e. North/South Rd.) in Benton, south on Long Pond Rd. to High St. in Glencliff, south on High St. to Rte 25, south on Rte. 25 to Rte. 25-A in Wentworth, west on Rte. 25-A to Rte. 10 in Orford, north on Rte. 10 to Rte. 25-A, west on Rte. 25-A to the VT/NH border, north on the VT/NH border to its intersection with Rte. I-93 in Littleton;

(8) Wildlife management unit – D2-east: From the junction of Rte. I-93 and Rte. 142 in Franconia, south on Rte. I-93 to Rte. 112 in Woodstock, south west on Rte. 112 to Rte. 118 in Woodstock, south west on Rte. 118 to Rte. 25 in Warren, north on Rte. 25 to High St., north on High St. to Long Pond Rd., also known as North/South Road, north on Long Pond Rd. to Rte 116 in Benton, north on Rte. 116 to Rte. 18 in Franconia, east on Rte. 18 to Rte. 142, north on Rte. 142 to the intersection with Rte. I-93;

(9) Wildlife management unit – E1: From the junction of Rte. 2 and Rte. 115 in Jefferson east on Rte. 2 to Rte. 16 in Gorham, south on Rte. 16 to Rte. 302 in Glen, north on Rte. 302 to Rte. 3 in Twin Mountain, north on Rte. 3 to Rte. 115 in Carroll, north on Rte. 115 to its junction with Rte. 2 in Jefferson;

(10) Wildlife management unit – E2: From the junction of Rte. 2 and Rte. 16 in Gorham, south on Rte. 16 to Rte. 302 in Conway, east on Rte. 302 to the NH/ME state line, then north along the state line to its junction with Rte. 2;

(11) Wildlife management unit – E3: From the junction of Rte. 302 and Rte. 3 in Twin Mountain, south on Rte. 3 to I-93, south on I-93 to Rte. 112 in Lincoln, east on Rte. 112 to Rte. 16 in Conway, north on Rte. 16 to Rte. 302 in Glen, north on Rte. 302 to its junction with Rte. 3 in Twin Mountain;

(12) Wildlife management unit - F: From the junction of Rte. 25-A and Rte. 25 in Wentworth, north on Rte. 25 to Rte. 118 in Warren, north on Rte. 118 to Rte. 112 in Woodstock, east on Rte. 112 to Rte. 16 in Conway, south on Rte. 16 to Rte. 113 in Chocorua, west on Rte. 113 to Rte. 113-A in Tamworth, west on Rte. 113-A in Tamworth to Rte. 113 in Sandwich, west on Rte. 113 to Rte. 3 in Holderness, west on Rte. 3 to Exit 24 of I-93 in Ashland, north on I-93 to Rte. 25, exit 26 in Plymouth, west on Rte. 25 to the junction with Rte. 25-A;

(13) Wildlife management unit – G1: From the junction of Rte. 25-A and the VT/NH border in Orford, east on Rte. 25-A to Rte. 10 in Orford, south on Rte. 10 to Rte. 25-A in Orford, east on Rte. 25-A to Rte. 25 in Wentworth, southeast on Rte. 25 to Rte. 118 in Rumney, south on Rte. 118 to Rte. 4 in Canaan, south and east on Rte 4 to Rte. 11 in Andover, west on Rte. 11 to Rte. I-89 in New London, west on Rte. I-89 to the VT/NH border, north on the VT/NH border to its intersection with Rte. 25-A in Orford;

(14) Wildlife management unit – G2: From the junction of Rte. 118 and Rte. 25 in Rumney, southeast on Rte. 25 to Exit 26 of Rte. I-93 in Plymouth, south on Rte. I-93 to Rte. 104 in New Hampton, west on Rte. 104 to Rte. 4 in Danbury, north on Rte. 4 to Rte. 118 in Canaan, north on Rte. 118 to Rte. 25 in Rumney;

(15) Wildlife Management Unit – H1: From the junction of I-89 and the NH/VT state line in Lebanon, south on I-89 to Rte. 10 in Grantham, south on Rte. 10 to Rte. 123 in Marlow, west on Rte. 123 to its junction with the Cold River in Walpole, west on Cold River to the NH/VT border, Connecticut River, north on the NH/VT border to I-89 in Lebanon;

(16) Wildlife management unit – H2-north: From the junction of Cold River and NH/VT border Connecticut River, in Walpole, east on Cold River to Rte. 123, east on Rte. 123 to Rte. 9 in Stoddard, east on Rte. 9 to Rte. 202 in Hillsborough, south on Rte. 202 to Rte. 101 in Peterborough, west on Rte. 101 to Rte. 9 in Keene, west on Rte. 9 to the VT/NH border, north to the Cold River;

(17) Wildlife management unit – H2-south: From the junction of Rte. 9 and the NH/VT border, east on Rte. 9 to Rte. 101 in Keene, east on Rte. 101 to Rte 202 in Peterborough, south on Rte. 202 to the NH/MA border, west on the NH/MA border to the NH/VT border (Connecticut River), north on the NH/VT border, Connecticut River to its intersection with Rte. 9;

(18) Wildlife management unit – I1: From the junction of I-89 and Rte. 11 in New London, north on Rte. 11 to Rte. 4 in Andover, north on Rte. 4 to Rte. 104 in Danbury, north on Rte. 104 to I-93 in New Hampton, south on I-93 to I-89 in Concord, north on I-89 to Rte. 11 in New London;

(19) Wildlife management unit – I2: From the junction of I-89 and Rte. 10 in Grantham, south on I-89 to Rte. 9 in Hopkinton, south on Rte. 9 to Rte. 123 in Stoddard, west on Rte. 123 to Rte. 10 in Marlow, north on Rte. 10 to I-89 in Grantham;

(20) Wildlife management unit – J1: From the junction of Rte. 113 and Rte. 3 in Holderness, north on Rte. 113 to Rte. 113-A in Sandwich, north on Rte. 113-A to Rte. 113 in Tamworth, east on Rte. 113 to Rte. 16 in Chocorua, north on Rte. 16 to Rte. 302 in Conway, east on Rte. 302 to the ME/NH line, south on ME/NH line to Rte. 109, west on Rte. 109 to Rte. 28 in Wolfeboro Center, south on Rte. 28/109 to Rte. 109 in Wolfeboro, north on Rte. 109 to Rte. 25 in Moultonboro, west on Rte. 25 to Rte. 25B in Center Harbor, along Rte. 25B to Rte. 3, north on Rte. 3 to its junction with Rte. 113 in Holderness;

(21) Wildlife management unit J2: From the junction of Rte. I-93 and Rte. 3 in Ashland, south on Rte. 3 to Rte. 25B in Center Harbor, east on Rte. 25B to Rte. 25 in Center Harbor, east on Rte. 25 to Rte. 109 in Moultonboro, southeast on Rte. 109 to Rte. 28/109 in Wolfeboro, north on Rte. 28/109 to Rte. 109 in Wolfeboro Center, east on Rte. 109 to its intersection with the ME/NH border, south along the ME/NH border to Rte. 202 in Rochester, south on Rte. 202 to Rte. 4 in Northwood, west on Rte. 4 to I-393 in Pembroke, west on I-393 to I-93 in Concord, north on I-93 to the junction of Rte. 3 in Ashland;

(22) Wildlife Management Unit - K: From the junction of Rte. 9 and Rte. 202 in Hillsborough, south on Rte. 202 to the NH/MA state line, east on the NH/MA state line to Rte. 13 in Brookline, north on Rte. 13 to Rte. 101 in Milford, north on Rte. 101 to I-293 in Manchester, north on I-293 to I-93, north on I-93 to I-89 in Concord, west on I-89 to Rte. 9 in Hopkinton, south on Rte. 9 to its junction with Rte. 202 in Hillsborough;

(23) Wildlife management unit - L: From the junction of I-93 and I-393 in Concord, east on I-393 to Rte. 4, east on Rte. 4 to Rte. 202 in Northwood, north on Rte. 202 to NH/ME state line, south along the NH/ME state line to Little Bay, south along the Rockingham/Stafford County line in Little and Great Bay to the Squamscott River, south along the Squamscott River to Rte. 101, west along Rte. 101 to I-93 in Manchester, south on I-93 to I-293, north on I-293 to I-93 to I-393 in Concord; and

(24) Wildlife Management Unit - M: From the junction of Rte. 13 in Brookline and the NH/MA border, north on Rte. 13 to Rte. 101 in Milford, north on Rte. 101 to Rte. I-293 in Manchester, east on I-293 to I-93, north on I-93 to Rte. 101 in Manchester, east on Rte. 101 to its junction with the Squamscott River in Exeter, north along the Squamscott River to Great Bay, north along the Strafford/Rockingham County line in Great and Little Bay to the NH/ME state line, east along the NH/ME state line to the Atlantic Ocean, south along the NH coast line to the NH/MA line, west along the NH/MA state line to its junction with Rte. 13 in Brookline.

(b) Whenever a wildlife management unit is referenced with only a letter, and that WMU has been divided into subwildlife management units with number, that reference shall include all of the area enclosed by those subunits. For example, WMU-J shall include WMU's J1 and J2.

(c) Whenever a subwildlife management unit is referenced with a letter and number and that WMU has been further divided into smaller units, that reference shall include all of the area enclosed by those units. For example, WMU–H2 shall include H2-north and H2-south.

History

(See Revision Note at part heading for Fis 301) #6250, eff 5-22-96; amd by #6520, eff 5-31-97; amd by #7107, 9-25-99; ss by #7289, eff 6-1-00; ss by #8644, eff 6-1-06; amd by #9720-A, eff 6-5-10; ss by #10142, eff 6-5-12; ss by #13211, eff 5-26-21

N.H. Code Admin. R. Ann. Fis 301.03 Deer Season {#sec-fis-301.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.03}

(a) For purposes of this section, the state shall be divided into wildlife management units as described in Fis 301.02.

(b) Wild deer shall be taken only from 1/2 hour before sunrise to 1/2 hour after sunset during the open seasons for taking deer.

(1) Governor’s Island, town of Gilford, except as specified in Fis 301.031(c);

(2) Long Island, town of Moultonborough, except as specified in Fis 301.032; and

(3) Any waters in lakes or ponds.

(d) A person holding an archery license as described in RSA 208:5, II, may take deer with bow and arrow in all of the wildlife management units and Bear Brook Refuge, subject to the following:

(1) The open season for taking of any deer with bow and arrow in wildlife management units B through M shall be from September 15 to December 15;

(2) The open season for taking any deer with bow and arrow in wildlife management unit A shall be September 15 to December 8; and

(3) No deer shall be taken with a crossbow under this license, provided that:

a. A licensee of any age with a permanent physical disability who holds a permit issued pursuant to RSA 207:10-c and Fis 1101.08, shall be allowed to take deer with a crossbow during the archery season, muzzleloader season, or the regular firearms season, and shall use the archery deer tag or regular firearm deer tag as appropriate;

b. A licensee who is 68 years of age or older shall be allowed to take deer with a crossbow during the archery season, muzzleloader season, and regular firearms season, and shall use the archery deer tag or regular firearm deer tag as appropriate;

c. A licensee of any age shall be allowed to take deer with a crossbow during the muzzleloader or regular firearms season, and shall use the regular firearm deer tag;

d. An archery licensee of any age shall be allowed to take deer with a crossbow during the archery season in WMUs D2W, G1, G2, H1, H2, I1, I2, J1, J2, K, L, and M;

e. A person under 16 years of age who is participating in the deer youth weekend in accordance with Fis 1204.02 shall be allowed to take deer with a crossbow; or

f. An archery licensee of any age holding a Long Island deer permit shall be allowed to take deer with a crossbow on Long Island, Town of Moultonborough, under the provisions of Fis 301.032.

(e) A person holding a muzzleloader license may take deer with a muzzleloading firearm, bow and arrow, or crossbow during the 11 days immediately prior to the regular firearms season as follows:

(1) No other firearm shall be used for the taking of deer during this license period;

(2) A muzzleloading firearm shall be a single barrel, single shot firearm of no less than .40 caliber;

(3) Wildlife management units A, B, C1, C2, and D1 shall be open only to the taking of antlered deer;

(4) Wildlife management units D2E and E shall be open to the taking of any deer during the first day of the season and to the taking of antlered deer only during the remaining 10 days;

(5) Wildlife management units F, G2, and I2 shall be open to the taking of any deer during the first 2 days of the season and to the taking of antlered deer only during the remaining 9 days;

(6) Wildlife management unit I1 shall be open to the taking of any deer during the first 3 days of the season and to the taking of antlered deer only during the remaining 8 days;

(7) Wildlife management units H1, H2, J1, J2, and K shall be open to the taking of any deer during the first 4 days of the season and to the taking of antlered deer only during the remaining 7 days;

(8) Wildlife management unit D2W shall be open to the taking of any deer during the first 5 days of the season and to the taking of antlered deer only during the remaining 6 days;

(9) Wildlife management unit G1 shall be open to the taking of any deer during the first 6 days of the season and to the taking of antlered deer only during the remaining 5 days; and

(10) Wildlife management units L and M shall be open to the taking of any deer during all 11 days of the season.

(f) The season for taking deer by all legal methods shall begin on the second Wednesday in November, and be open for a period of 26 consecutive days in wildlife management units B through M, and 19 consecutive days in wildlife management unit A, upon the following conditions:

(1) Wildlife management unit A shall be open to the taking of any deer during the first day of the season and to the taking of antlered deer only during the remaining 18 days;

(2) Wildlife management units B, C1, C2, and D1 shall be open to the taking of any deer during the first day of the season and to the taking of antlered deer only during the remaining 25 days;

(3) Wildlife management units D2E, E, F, G2, and I2 shall be open to the taking of any deer during the first 2 days of the season and to the taking of antlered deer only during the remaining 24 days;

(4) Wildlife management unit I1 shall be open to the taking of any deer during the first 3 days of the season and to the taking of antlered deer only during the remaining 23 days;

(5) Wildlife management units J1 and K shall be open to the taking of any deer during the first 4 days of the season and to the taking of antlered deer only during the remaining 22 days;

(6) Wildlife management units H1, H2, and J2 shall be open to the taking of any deer during the first 5 days of the season and to the taking of antlered deer only during the remaining 21 days;

(7) Wildlife management units D2W and G1 shall be open to the taking of any deer during the first 6 days of the season and to the taking of antlered deer only during the remaining 20 days; and

(8) Wildlife management units L and M shall be open to the taking of any deer during the first 12 days of the season and to the taking of antlered deer only during the remaining 14 days.

(g) No person shall take more than one deer in a calendar year, except as provided in RSA 208:5, RSA 208:5-b, Fis 301.03(d), Fis 301.031, Fis 301.032, and Fis 301.034.

(h) No shell shot, other than those using shot sizes of 00 buckshot or larger, shall be used for the taking of deer.

(i) The hunter taking the deer shall register and report the kill as follows:

(1) Immediately upon killing a deer, the hunter shall complete and attach the appropriate “Deer Tag” to the deer, containing the following information:

a. The hunter’s name and address;

b. The date and time of kill;

c. The wildlife management unit in which the kill occurred;

d. The licensee’s signature; and

e. The hunter’s designation when using the “Special Deer and/or Bear Tag” provided in

the New Hampshire Hunting Digest or on the New Hampshire Fish and Game website at

https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/deer-tag.pdf.

(2) Any deer taken during any deer season shall be registered within 24 hours of taking, in accordance with one of the following methods:

a. Completion of a “deer registration report” and receipt of a confirmation number from a department approved registration station, in accordance with Fis 301.04; or

b. Completion of all required fields in an online registration report using the link available at www.wildlife.state.nh.com and receipt of an electronic confirmation number that the report was completed and accepted by the department, provided that deer shall be registered in person at a department approved registration station during the first 2 days of muzzleloader season, as specified in paragraph (e) above, and the first 3 days of regular firearms season, as specified in paragraph (f) above;

(3) In addition to the requirements in RSA 208:9, maintain proof of completion of the registration process by having the confirmation number of each harvested deer written on or kept with their hunting license; and

(4) The hunter shall retain the head and hide for 48 hours from the time of registration.

(j) If requested by the department, any person taking a deer shall take fish and game personnel back to the kill site, the site of carcass evisceration, or both, for purposes such as, but not limited to, verification of kill site or to obtain ovaries or other biological samples left behind.

(k) If requested by the department, any person taking a deer shall allow fish and game personnel or their designated agents at biological check stations to collect biological information on their deer including but not limited to sex, antler beam diameter, number of antler points, weight, estimated age, and lactation status.

(l) Nothing in this section shall prohibit a licensed hunter who has used their archery or firearm deer tag from accompanying a licensed apprentice hunter or an unlicensed minor under the age of 16, while the apprentice hunter or minor is taking deer.

(m) No person shall take a deer with the aid and use of bait, except in accordance with RSA 207:3-d, Fis 307.01, and Fis 307.03.

History

#1578, eff 5-12-80; ss by #1758, eff 5-29-81; ss by #2119, eff 8-12-82; ss by #2392, eff 6-22-83; ss by #2832, eff 8-21-84; ss by #3140, eff 10-25-85; amd by #4094, eff 7-22-86; ss by #4295, eff 7-21-87; ss by #4436, eff 6-20-88; ss by #4649, eff 7-24-89; amd by #4686, eff 10-24-89; ss by #4855, eff 7-3-90; ss by #5197, eff 8-2-91; ss by #5410, eff6-19-92; amd by #5659, eff 6-28-93; ss by #5706, eff9-21-93; ss by #5827, eff 5-24-94; amd by #5898, eff 9-20-94; amd by #6037, eff 5-17-95; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; ss by #7289, eff 6-1-00; ss by #7533, eff 7-24-01; ss by #7699, eff 6-5-02; ss by #7921, eff 7-24-03; ss by #8085, eff 5-26-04; ss by #8644, eff 6-1-06; ss by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; amd by #9458, eff 4-21-09; amd by #9720-A, eff 6-5-10, (para (a)-(j), & (l) and (m)); amd by #9720-B, eff 6-5-10,(para (k)); ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 301.031 Special Deer Permits – Units L and M, Archery, and Governor’s Island Permits {#sec-fis-301.031 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.031}

(a) Persons licensed to take deer under RSA 214:9, RSA 208:5, or RSA 208:5-a, or is a youth or resident landowner, may apply, as specified in subparagraph (4) below, for a special deer permit to take one additional deer in wildlife management units L and M subject to the following:

(1) Deer taken under this permit shall be antlerless deer only;

(2) Deer may be taken by any legal method during the archery season as specified in Fis 301.03(d), the muzzleloader season as specified in Fis 301.03(e), and during the regular season as specified in Fis 301.03(f);

(3) Persons taking deer under a special deer permit in wildlife management units L and M shall be licensed as follows:

a. An archery license under RSA 208:5 shall be required to take deer during the archery season specified in Fis 301.03(d);

b. A muzzleloader license under RSA 208:5-a and a regular hunting license under RSA 214:9 shall be required to take deer by a muzzleloader during the muzzleloader season as specified in Fis 301.03(e); and

c. A license under RSA 214:9 shall be required to take deer during the regular hunting season as specified in Fis 301.03(f);

(4) There shall be up to 3500 special deer permits issued for wildlife management unit L and up to 8000 special deer permits issued for wildlife management unit M as follows:

a. Three thousand five hundred special deer permits for wildlife management unit

L shall be available on a first-come, first-served basis;

b. Eight thousand special deer permits for wildlife management unit M shall be available on a first-come, first-served basis to 4000 applicants. Each successful applicant shall purchase 2 special deer permits for wildlife management unit M at the time of purchase;

c. The department shall annually publicize the date when special deer permits will go on sale:

In the NH Hunting Digest;
On the department website; and
Using any other methods the department finds useful;

d. An applicant shall complete the “Application for Antlerless Deer Permit for Unit L”, Rev 01/2026 or “Application for Antlerless Deer Permit for Unit M” form, Rev 01/2026, available on the department’s website at https://www.wildlife.nh.gov/hunting-nh/deer-hunting-new-hampshire/unit-l-and-m-antlerless-only-deer-permits;

e. Illegible or incomplete applications shall be returned for correction and not considered until corrected;

f. Permits shall be issued on a first-come, first-served basis when received;

g. No person shall submit more than 1 application for a special deer permit for wildlife management unit L;

h. No person shall be issued or possess more than 1 special deer permit for wildlife management unit L;

i. No person shall submit more than one application for 2 special deer permits for wildlife management unit M;

j. No person shall be issued or possess more than 2 permits for wildlife management unit M;

k. Applicants may apply for special deer permits as follows:

At the fish and game department headquarters at 11 Hazen Drive, Concord, NH 03301;
By mail at the address in 1. above; or
From the department’s website at https://www.wildlife.nh.gov/hunting-nh/deer-hunting-new-hampshire/unit-l-and-m-antlerless-only-deer-permits;

l. The fee for a unit L permit shall be $26.00, of which $1.00 shall be an agent fee; and

m. The fee for 2 unit M permits shall be $36.00, of which $1.00 shall be the agent fee.

(b) Persons may take by bow and arrow only one additional antlered deer under a special deer permit for archery from September 15 through December 15 in wildlife management units B through M and from September 15 through December 8 in wildlife management unit A subject to the following:

(1) The fee for the special deer permit described in (b), above, shall be $26.00 of which $1.00 shall be the agent fee;

(2) Immediately upon killing a deer, the permittee shall fill in the “Special Deer Archery Tag”, sign the tag, and attach the tag to the deer;

(3) The “Special Deer Archery Tag” shall contain the following:

a. The licensee’s name and address;

b. The date and time of kill;

c. The wildlife management unit in which the kill occurred; and

d. Signature;

(4) A person who purchases a special deer permit for archery shall purchase it at the same time they purchase an archery license pursuant to RSA 208:5; and

(5) Any person under the age of 16 and any person holding a valid permanent archery license pursuant to RSA 214:7-a, RSA 214:9-cc, and RSA 214:13 may purchase a special deer permit for archery at any time.

(c) Persons shall only take additional deer by bow and arrow on Governor’s Island, Town of Gilford under the provisions of a Governor’s Island special deer permit subject to the following:

(1) No person shall take deer on Governor’s Island, Town of Gilford, without a Governor’s Island special deer permit in addition to the appropriate license to take deer under RSA 208:5 for taking a deer with a bow and arrow;

(2) Each applicant for a Governor’s Island special deer permit shall provide written landowner permission on a form provided by the department;

(3) The landowner shall provide the following on the form “Landowner Permission to Hunt on Governor’s Island, Gilford, NH”:

a. The landowner's full name and signature, signed subject to the penalties for making unsworn false statements under RSA 641:3;

b. The hunter's full name and phone number;

c. The physical address or tax map number for the parcel(s) of land on Governor’s Island for which permission is granted to hunt;

d. An indication as to whether the landowner will allow baiting for deer;

e. A list of any other landowner stipulations regarding the hunting activities on the property, such as:

The specific days of the week;
Dates on which hunting will not be allowed;
Parking locations;
Times of the day that hunting will not be allowed;
Locations and removal of deer stands; and
Distances from adjoining landowners;

f. An attestation by both the landowner and the hunter that RSA 508:14 protects the

landowner from any claims made for personal injury or property damage by the hunter

provided no fee has been paid for access. The landowner and hunter understand that all the above referenced stipulations have been agreed to by both parties and will be adhered to at all times. In addition, all fish & game department regulations as specified in Fis 301.032 will be followed; and

g. Date and signature;

(4) The hunter shall provide on the permission form their signature, signed subject to the penalties for making unsworn false statements under RSA 641:3, and the date signed;

(5) The landowner permission form shall be filled out in quadruplicate. The original shall go to the hunter, one copy to the local conservation officer, one copy to the wildlife division, and the other copy shall be retained by the landowner;

(6) The Governor’s Island special deer permit shall allow the taking of 6 deer of either sex;

(7) The taking of deer shall be in accordance with the manner and methods for taking deer with bow and arrow as specified in Fis 301.041;

(8) The open season shall be the first weekday in October through December 15, except:

a. No person shall take deer on Saturday or Sunday until after October 31; and

b. No person shall take deer on the second Monday in October or for 4 consecutive days beginning on Thanksgiving Day;

(9) The taking of deer shall be from a portable tree stand at least 10 feet off the ground;

(10) Safety belts or harnesses shall be used;

(11) Baiting for deer shall be allowed under the Governor’s Island special deer permit, provided baiting shall be permissible as indicated on the landowner permission form. A permit to bait wildlife as required by Fis 1102.04 shall not be required;

(12) The baiting season for deer on Governor’s Island shall begin on the first weekday in October and end on December 15th;

(13) Immediately upon killing a deer, the permittee shall fill in the “Governor’s Island Either Sex Deer Tag” with the date and time of kill and sex of the deer, sign the tag, and attach it to the deer;

(14) All entrails of harvested deer shall be removed from the island;

(15) Deer taken under this permit shall be registered as specified in RSA 208:15-d and shall comply with the requirements of RSA 208:16;

(16) All deer wounded and not recovered shall be reported by calling (603) 271-3361 as soon as possible but not longer than 24 hours after the time the deer was wounded;

(17) Any person who has taken 6 deer under a Governor’s Island deer permit as specified in this paragraph, and the deer have been legally registered, may purchase a second Governor’s Island special deer permit which shall allow the taking of 6 additional deer;

(18) Applicants for a second Governor’s Island deer permit shall provide the first permit which has had the deer tags detached;

(19) Governor’s Island special deer permits and the landowner permission form shall be carried by all persons while taking deer on Governor’s Island;

(20) The fee for a Governor’s Island special deer permit shall be $25.00;

(21) The permit and the landowner permission shall expire on December 15th; and

(22) Applicants for a Governor’s Island special deer permit shall provide the following on the “Special Deer Permit – Governor’s Island” form:

a. Name, address, and telephone number;

b. Date of birth;

c. Current archery license number; and

d. Signature, signed subject to the penalties for unsworn false statements under RSA 641:3.

History

#6520, eff 5-31-97; ss by #6812, eff 7-23-98; amd by #7179, eff 12-24-99; ss by #7289, eff 6-1-00; ss by #7533, eff 7-24-01; ss by #7699, eff 6-5-99; ss by #7921, eff 7-24-03; ss by #8085, eff 5-26-04; amd by #8084, eff 1-1-05; ss by #8644, eff 6-1-06; ss by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; ss by #9458, eff 4-21-09; amd by #9720-A, eff 6-5-10, (various paras (a), (b), & (c)); amd by #9720-B, eff6-5-10, (various paras (a), (b), & (c)); ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; amd by #10981, eff 1-1-16; ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13644, eff 6-1-23; ss by #14308, eff 7-10-25; ss by #14494, eff 1-24-26, EXPIRES: 1-24-36

N.H. Code Admin. R. Ann. Fis 301.032 Long Island Deer Permit {#sec-fis-301.032 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.032}

(a) The purpose of this rule is to reduce the over-population of deer which exists on Long Island in the town of Moultonborough, NH, through the regulated use of recreational hunters and then to maintain that population at a level equal to the adjacent mainland. Because deer densities are currently too high for the existing habitat conditions, and because extremely aggressive efforts are necessary to reduce over abundant deer populations, extraordinary measures must be taken to remove female deer. Because the island is heavily populated, and because landowner attitudes toward hunting vary, extra care shall be taken to reduce any safety concerns and to increase the discreet nature of all actions taken.

(b) No person shall take deer on Long Island, Town of Moultonborough, without a Long Island deer permit, in addition to an archery license, when taking deer with a bow and arrow or a crossbow.

(c) Hunting shall be allowed only on parcels which are equal to or greater than one acre, as listed on the Town of Moultonborough Master List, prepared in connection with the first tax bill of each tax year in May. Parcels of land may be individual tracts or combinations of adjoining parcels in aggregate.

(d) Each applicant for a Long Island deer permit shall provide written landowner permission on a form provided by the department.

(e) The landowner shall provide the following on the form “Landowner Permission to Hunt on Long Island, Moultonborough, NH”:

(1) The landowner's full name and signature, signed subject to the penalties for making unsworn false statements under RSA 641:3;

(2) The hunter's full name and phone number;

(3) The physical address or tax map number for the parcel(s) of land on Long Island for which permission is granted to hunt;

(4) An indication as to whether the landowner will allow baiting for deer;

(5) A list of any landowner stipulations regarding the hunting activities on the property, such as:

a. The specific days of the week;

b. Dates on which hunting will not be allowed;

c. Parking locations;

d. Times of the day that hunting will not be allowed;

e. Locations and removal of deer stands;

f. Distances from adjoining landowners; and

(6) Date of signature.

(f) The hunter shall provide his or her signature on the permission form, signed subject to the penalties for making unsworn false statements under RSA 641:3, and the date signed.

(g) The landowner permission form shall be filled out in quadruplicate. The original shall go to the hunter, one copy to the local conservation officer, one copy to the wildlife division, and the other copy shall be retained by the landowner.

(h) The Long Island deer permit shall allow the taking of 6 deer of either sex.

(i) The taking of deer shall be in accordance with the manner and methods for taking deer with bow and arrow or crossbows as specified in Fis 301.041.

(j) The open season for taking deer by bow and arrow or crossbow shall be the first weekday in October through December 15, except:

(1) No person shall take deer on Saturday or Sunday until after October 31; and

(2) No person shall take deer on the second Monday in October or for 4 consecutive days beginning on Thanksgiving Day.

(k) The taking of deer shall be from a portable tree stand at least 10 feet off the ground.

(l) Safety belts or harnesses shall be used.

(m) Baiting for deer shall be allowed under the Long Island deer permit, provided baiting shall be permissible as indicated on the landowner permission form. A permit to bait wildlife as required by Fis 1102.04 shall not be required.

(n) The baiting season for deer on Long Island shall begin on the first weekday in October and end on December 15th.

(o) Immediately upon killing a deer, the permittee shall fill in the “Long Island Either Sex Deer Tag” with the date and time of kill and sex of the deer, sign the tag, and attach it to the deer.

(p) All entrails of harvested deer shall be removed from the island.

(q) Deer taken under this permit shall be registered as specified in RSA 208:15-d and shall comply with the requirements of RSA 208:16.

(r) All deer wounded and not recovered shall be reported by calling (603) 271-3361 as soon as possible but not longer than 24 hours after the time the deer was wounded.

(s) Any person who has taken 6 deer under a Long Island deer permit, as specified in paragraph (h) above, and the deer have been legally registered, may purchase a second Long Island deer permit which shall allow the taking of 6 additional deer.

(t) Applicants for a second Long Island deer permit shall provide the first permit which has had the deer tags detached.

(u) Long Island deer permits and the landowner permission form shall be carried by all persons while taking deer on Long Island.

(v) The fee for a Long Island deer permit shall be $25.00.

(w) The permit and the landowner permission shall expire on December 15th.

(x) Applicants for a Long Island deer permit shall provide the following on the “Special Deer Permit – Long Island” form:

(1) Name, address and telephone number;

(2) Date of birth;

(3) Current license number of the appropriate license for the intended method of hunting;

(4) An indication as to the type(s) of method used to take deer; and

(5) Signature, signed subject to the penalties for unsworn false statements under RSA 641:3.

History

#6583, eff 9-20-97; amd by #6843 eff 8-29-98; ss by #7289, eff 6-1-00; ss by #7699, eff 6-5-02; amd by #7922, eff 7-24-03; ss by #8085, eff 5-26-04; amd by #8357, eff 5-25-05; amd by #8931, eff 7-6-07; ss by #9458, eff 4-21-09; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; amd by #10981, eff 1-1-16; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 301.033 Deer Registration Stations {#sec-fis-301.033 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.033}

(a) New deer registration stations shall be authorized only if:

(1) The proposed station location is greater than 10 travel miles from the nearest adjacent station, unless an adjacent station(s) registers more than 200 deer annually or was in existence on 12/31/09 or the proposed station location will provide increased opportunity for hunters to register deer by offering extended hours;

(2) The proposed location has adequate facilities and is easily accessible. Adequate facilities and easily accessible means that the location has adequate space for parking and registering or weighing deer, is a safe distance away from the highway or road, and is located on or near a main route of travel for hunters;

(3) The hours of operation and location of the proposed station will minimize inconvenience to hunters needing to register a deer by being open during early morning, later into the evening, and open on weekend days; and

(4) The applicant has not been convicted of any fish and game violation within the past 7 years.

(b) Deer registration station owners or operators seeking approval to be an agent under RSA 208:15-a shall provide the following information on a “Deer Registration Station Agreement”:

(1) The station owner or operator’s name;

(2) Date of agreement;

(3) Name, physical address, mailing address, county, and telephone number of the station owner or operator’s establishment;

(4) The station owner or operator’s home address and telephone number;

(5) The hours and days of operation of the proposed registration station; and

(6) Whether or not the station provides scales for weighing deer.

(c) The deer registration station owner, operator, or employee shall print legibly, accurately, and completely when filling out the deer registration form “Deer Registration Report” described in Fis 301.04.

(d) The deer registration owner or operator shall sign the “Deer Registration Station Agreement” in the presence of a witnessing department conservation officer or designee, who shall also sign the agreement.

(e) Registration station agreements shall not be transferable upon change of ownership and cannot be assigned to any other party.

(f) By signing the agreement, applicants shall agree to abide by the statutes and rules governing deer registration stations and deer registration reports and shall sign subject to the penalties for making unsworn false statements under RSA 641:3.

(g) Failure to accurately and legibly provide the information specified in Fis 301.04 on the “Deer Registration Report” form shall, after notice and opportunity for a hearing, result in the suspension or closure of the registration station.

(h) Those registration stations which are also fish and game agents as defined in RSA 214-A shall remain in good standing with regard to the requirements of RSA 214-A.

(i) Deer registration agents may collect up to $5.00 as a registration agent fee pursuant to RSA 208:15-b.

Fis. 301.034 Special Deer Permits – Deer Management Assistance Program.

(a) The purpose of this section is to permit New Hampshire municipalities to identify areas where deer densities are too high for the existing habitat conditions. In such areas, aggressive efforts may be necessary to reduce the deer population through the regulated use of recreational hunters. The deer management assistance program (DMAP) approves the issuance of special hunting permits to any New Hampshire municipality which has identified a special deer management area within their jurisdiction meeting the eligibility criteria established herein.

(b) A New Hampshire municipality may apply in writing on its own letterhead to the department for participation in the DMAP by providing the following:

(1) A request on municipal letterhead, submitted to the NH Fish and Game Department, Wildlife Division, 11 Hazen Drive, Concord, NH 03301, signed by a majority of the governing body;

(2) A map designating the area shall be included in the proposed special deer management area, showing:

a. The tax map and lot numbers and the names of landowners of the affected parcels; and

b. Parcels which shall in aggregate total at least 640 acres, provided that:

The parcels need not be contiguous;
Non-contiguous parcels shall be a minimum of 1 acre in size;
Parcels may be publicly or privately owned; and
Municipalities may apply for DMAP on islands without meeting the total minimum acreage of 640 acres;

(3) Documentation signed by each affected landowner verifying that the property is open for deer hunting upon such conditions and limitations as the landowner may impose;

(4) Designation of a municipal employee of the requestor to perform the following tasks:

a. Serve as the contact for all communication with the department;

b. Issue DMAP permits to licensed hunters on behalf of the municipality; and

c. Provide all information and reporting as required by the department; and

(5) A deer management plan covering the proposed special deer management area that is specifically designed for the area, which shall include:

a. Documentation of negative impacts claimed to be due to overabundant deer;

b. Identification of parcels where deer inflicted damage to plant communities has occurred;

c. Identification of parcels of forested land where forest regeneration has been significantly impacted by deer;

d. A listing of specific deer management goals and objectives;

e. An explanation of why the stated objectives cannot be met by hunters using the department’s existing deer season framework, or other special permits available under these rules; and

f. A description of other actions the town has taken or is planning to take to meet the identified objectives.

(c) The request shall be received by the department by 4:00 pm on the first Monday in July or be postmarked by midnight of the first Monday in July of the year of request. Requests not meeting the posted deadline shall be returned.

(d) The department shall, within 10 days of receipt, review each request for completeness. In the event that information is missing or incomplete, contact shall be made with the requestor, who shall have an additional period of 10 days to provide the missing information.

(e) There shall be no fee to submit a request, for review of the request, or for the provision of DMAP permits and tags.

(f) On or before the fourth Friday in August in the request year, the department shall approve the request to create a special deer management area and issue DMAP permits, unless the department finds that:

(1) The identified problem could be resolved using existing deer hunting opportunities;

(2) The identified problem could be resolved by the issuance of a different special permit available under these rules; or

(3) The identified problem cannot be effectively abated by the issuance of DMAP permits.

(g) Upon approval of a request, the municipality shall be issued the number of DMAP permits and tags found necessary to meet the objectives of the deer management plan, which shall be conditioned as follows:

(1) Deer may be taken during the archery season as specified in Fis 301.03(d), the muzzleloader season as specified in Fis 301.03(e), and during the regular season as specified in Fis 301.03(f), unless further restricted by the approved deer management plan, and shall comply with all other rules in Fis 301.03; and

(2) Baiting for deer shall be allowed without a permit to bait wildlife as required by Fis 1102.04, provided that the DMAP permit shall restrict baiting as follows:

a. Baiting shall take place within the special deer management area and only on parcels where the landowner has authorized the use of bait as specified in subparagraph (b)(3) above;

b. The baiting season shall be as set forth in the deer management plan, provided that it shall not begin prior to September 15 nor extend beyond December 15 of the permit year;

c. The permittee shall comply with all other applicable rules in Fis 307.01, Fis 307.03, and Fis 307.05; and

d. The permittee shall comply with any limitations imposed upon specific parcels by individual landowners.

(h) The approved municipality shall issue a “DMAP Permit” only upon the following conditions:

(1) Each permit shall be valid only in the special deer management area noted on the permit between the dates of September 15 and December 15 of the year issued, or any lesser period between such dates that the municipality defines in the deer management plan;

(2) No person shall be issued a “DMAP Permit” unless they present written landowner permission for any privately owned parcel identified as part of the special deer management area in paragraph (b)(3) above;

(3) No person shall be issued a “DMAP Permit” unless they present evidence of one or more currently valid hunting licenses, including:

a. An archery license under RSA 208:5 to take deer during the archery season, as specified in Fis 301.03(d);

b. A muzzleloader license under RSA 208:5-a and a regular hunting license under RSA 214:9 to take deer during the muzzleloader season, as specified in Fis 301.03(e);

c. A license under RSA 214:9 to take deer during the regular hunting season, as specified in Fis 301.03(f); or

d. Any person under the age of 16 or any person over 68 who has a license pursuant to RSA 214:7-a;

(4) Each permit shall be issued with 3 tags, allowing the taking of 3 antlerless deer as defined in Fis 301.01(c), which shall be in addition to the taking of deer authorized by Fis 301.03(d), Fis 301.03(e), Fis 301.03(f), Fis 301.031(a)-(c), and Fis 301.032;

(5) Each issued “DMAP Permit” shall be completed with the following information:

a. The name of the municipal issuing agent;

b. The hunter’s name and address;

c. The hunter’s current license number(s);

d. The hunter’s date of birth;

e. The date and time the tag was issued;

f. The tax map identification numbers of those parcels where the hunter is authorized to hunt;

g. Any other restrictions imposed by the deer management plan or individual participating landowners on the hunting activities of the permittee, including:

The authorized weapons or method(s) of take;
The dates or times during which hunting may occur;
Landowner authorization to place bait and, if allowed, the dates during which baiting may occur; and
The tax map identification numbers of those parcels to which any of these restrictions apply;

(6) The municipal issuing agent and the hunter shall note the date and time and shall sign the DMAP permit document, subject to the penalties for making unsworn false statements under RSA 641:3;

(7) No more than one DMAP permit shall be issued to an individual hunter per year per municipality participating in DMAP;

(8) No DMAP permit or an associated tag shall be sold, bartered, used, or transferred to any other person; and

(9) The approved municipal applicant shall not charge a fee to issue a DMAP permit or an associated tag.

(i) Immediately upon killing a deer in the special deer management area, the permittee shall provide the following information on the “DMAP Tag” and attach the tag to the deer:

(1) The permittee’s name and address;

(2) The date and time of kill;

(3) The WMU and town in which the kill occurred; and

(4) The hunter’s signature, subject to the penalties for making unsworn false statements under RSA 641:3.

(j) Deer taken under a DMAP permit shall be registered as specified in RSA 208:15-d and shall comply with the requirements of RSA 208:16.

(k) Each municipality that issues DMAP permits and tags shall:

(1) Retain a copy of all DMAP permits issued for a period of 3 years;

(2) Submit a copy of any issued DMAP permit(s) to the department headquarters each Friday from September 1 through December 15, by mail or email, at the addresses below:

a. By mail to: “New Hampshire Fish and Game Department”, “Wildlife Division”, 11 Hazen Drive, Concord, NH 03301; or

b. By email to: wildlife@wildlife.nh.gov, with the subject line “DMAP permits”; and

(3) Submit to the department an annual report by December 31 of the year the DMAP permits were provided which shall include a listing of all participating hunters by name, date of birth, town of residence, and hunting license number.

(l) The department shall revoke or suspend a municipality’s participation in DMAP for failure to comply with any of the conditions of this section.

(m) The department shall revoke or suspend any individual DMAP permit upon a finding that:

(1) The permit was obtained through fraud;

(2) The permit was obtained by a person not entitled to receive a DMAP permit under these rules;

(3) The permit holder failed to comply with the conditions of the DMAP permit; or

(4) The permit holder violated the fish and game laws of New Hampshire or the provisions of these rules.

History

#1670, eff 11-20-80; ss by #2119, eff 8-12-82; ss by #2832, eff 8-21-84; ss by #4649, eff 7-24-89; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); amd by #6520, eff 5-31-97; ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #9720-A, eff 6-5-10, (paras (a), (e), & (g)-(i)); amd by #9720-B, eff 6-5-10, (paras (b)-(d) and (f)); ss by #12591, eff 7-25-18; ss by #13644, eff 6-1-23
#12591, eff 7-25-18; ss by #13644, eff 6-1-23; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 301.04 Deer Registration Reports {#sec-fis-301.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.04}

(a) All persons reporting a deer kill to a deer registration station under RSA 208:15-d shall provide the following information to the registration agent to complete the “Deer Registration Report” form:

(1) The shooter’s name, street and mailing address, telephone number, residency, and date of birth;

(2) Town of kill;

(3) Date of kill;

(4) Time of kill;

(5) Sex of deer killed;

(6) An indication as to whether the deer is a fawn or adult;

(7) Weapon type used;

(8) Wildlife management unit of kill;

(9) Antler length;

(10) Total number of antler points;

(11) An indication as to whether or not the deer was taken with the aid and use of bait;

(12) An indication as to whether a deer taken with the aid and use of bait was taken with a baiting permit as specified in Fis 307.01(c) and Fis 307.01(d) or by a landowner on their own land;

(13) The type of tag affixed to the deer;

(14) The following license information:

a. Hunting license type(s) and license number(s) held by the hunter and under which the deer was taken;

b. Permit types(s) and permit number(s) held by the hunter and under which the deer was taken; and

c. Date and time the license was issued; and

(15) The registration number of the vehicle transporting the deer.

(b) The registration agent shall complete all items on the form, including:

(1) The date and time of deer registration; and

(2) The registration station number.

(c) If applicable, the hunter shall sign the hard copy report form subject to the penalties for making unsworn false statements under RSA 641:3.

(d) The registration agent shall provide the hunter with a confirmation number that acknowledges the filing of the “Deer Registration Report”.

History

#444, eff 6-17-74; amd by #2119, eff 8-12-82; ss by #2832, eff 8-21-84; ss by #4649, eff 7-24-89; ss by #5673, eff 7-20-93; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #7699, eff 6-5-02; amd by #9720-A, eff 6-5-10, (para (d)); amd by #9720-B, eff 6-5-10, (paras (a)-(c)); ss by #10619, eff 6-2-14; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 301.041 Minimum Requirements for Crossbow, Archery Equipment, and Air Rifles Used for Hunting {#sec-fis-301.041 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.041}

(a) Unless authorized by permit pursuant to RSA 207:10-c, a crossbow that is used for the purpose of a take shall have:

(1) A minimum pull of 125 pounds;

(2) At least one working mechanical safety;

(3) A total length of no less than 25 inches; and

(4) A rigid stock that permits only a single horizontally mounted bow with transverse limbs, a single string to be fully drawn, loaded with one bolt, maintained indefinitely in a firing position, and mechanically released. No crossbow fitted with 2 or more bows, limbs, or strings, or which permit 2 or more bolts to be released without re-cocking shall be permitted for the purpose of a take.

(b) Unless authorized by permit pursuant to RSA 207:7-a, a traditional straight, recurve, or compound bow used for the purpose of a take shall:

(1) At 28 inches or less draw length have a minimum peak weight pull of:

a. If used to hunt deer or bear, 40 pounds;

b. If used to hunt moose, 50 pounds; or

c. If used to hunt turkey, 30 pounds;

(2) Be drawn or released only by hand, or with a hand-held release; and

(3) Contain no manufactured or accessory device secured to or supported by the bow for the purpose of maintaining the bow at full draw in a firing position.

(c) No person shall use an arrow, bolt, or quarrel tip other than a broadhead for the purpose of a take that fails to meet the following minimum criteria:

(1) Fixed blade broadheads shall not be less than 7/8 of an inch or more than 1 1/2 inches wide;

(2) Retractable blade broadheads smaller than 7/8 of an inch wide in flight shall not be less than 7/8 of an inch wide when open;

(3) There shall be no upper size limit on retractable blade broadheads; and

(4) The hunter’s name and address shall be plainly and legibly printed on each arrow, bolt, or quarrel.

(d) Air rifles used for the purpose of take shall be charged from an external high-compression power source and meet the following minimum criteria:

(1) Be 0.35 caliber or larger and produce at least 400 foot-pounds of energy at the muzzle, for taking deer and bear; and

(2) Be 0.45 caliber or larger and produce at least 400 foot-pounds of energy at the muzzle, for taking moose.

History

#7922, eff 7-24-03; ss by #8085, eff 5-26-04; amd by #8931, eff 7-6-07; ss by #10142, eff 6-5-12; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 301.05 Bear Kill Reports {#sec-fis-301.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.05}

All persons reporting a bear kill to a New Hampshire conservation officer, fish and game personnel, or registration agent authorized by the director shall provide the following information on the “Bear Registration Form” subject to the penalties for making unsworn false statements under RSA 641:3:

(a) The hunter’s:

(1) Hunting license type, whether resident, non-resident, or other;

(2) Hunting license number;

(3) Bear permit number, if different;

(4) Indication to having a permit to use dogs to take bear;

(5) Indication to having viewed the bear hunting education materials on the department website;

(6) Name;

(7) Mailing and street address;

(8) Date of birth; and

(9) Telephone number;

(b) The wildlife management unit and town where the bear was killed and specific locality within the town;

(d) The date and time of kill;

(e) Whether or not a pre-molar was collected;

(f) The dressed weight and sex of the bear;

(g) If female, lactation status;

(h) Ear-tag numbers, if present;

(i) The method of hunting used, such as bait, hound, still hunting, or stalking;

(j) The number of days spent hunting for bear;

(k) The weapon type and caliber, if appropriate;

(l) Whether a guide was employed and, if yes, the guide’s name and guide tag number;

(m) If the bear was killed over hounds, the name of the owner(s) of the hounds; and

(n) The signature of the hunter subject to the penalties for making unsworn false statements under RSA 641:3.

History

#444, eff 6-17-74; amd by #1852, eff 11-5-81; ss By #2119, eff 8-12-82; ss by #2832, eff 8-21-84; ss by #3104, eff 8-22-85; amd by #3128, eff 10-1-85; ss by #4663, eff 8-21-89; ss by #4828, eff 6-1-90; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #7881, eff 4-26-03; ss by #8085, eff 5-26-04; ss by #8644, eff 6-1-06; amd by #9458, eff 4-21-09; amd by #9720-A, eff 6-5-10, (paras (b)-(d)); amd by #9720-B, eff 6-5-10, (para (a)); ss by #10619, eff 6-2-14; ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 301.06 Bear Season {#sec-fis-301.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.06}

(a) Wild black bear shall be taken only in the places and during the times set forth in Table 300.1 below by means of:

(1) Firearms of a size larger than .22 caliber rimfire;

(2) Crossbow or bow and arrow meeting the minimum requirements of Fis 301.041;

(3) A shotgun loaded with a single ball; or

(4) Muzzleloaders not less than .40 caliber.

(b) Except as provided in RSA 207:7-a, bear shall not be taken by a bow, crossbow, or firearm while the person is in or on a motorized vehicle.

(d) No person shall take a bear with the aid and use of bait except as provided by, and in accordance with, RSA 207:3-d, Fis 307.01, Fis 307.02, and Table 300.1 below.

(e) Dogs may be used for taking bear only in the places and during the times set forth in Table 300.1 below:

Table 300.1

Open Season Dates for the Taking of Wild Black Bear in 2025 and 2026

Wildlife Management Unit

Without Aid of Bait or Dogs

With Aid of Bait

With Aid of Dogs

9/01/2025 to 11/11/2025

9/01/2026 to 11/10/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/11/2025

9/01/2026 to 11/10/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 10/05/2025

9/01/2026 to 10/05/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/11/2025

9/01/2026 to 11/10/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/11/2025

9/01/2026 to 11/10/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 10/05/2025

9/01/2026 to 10/05/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 10/05/2025

9/01/2026 to 10/05/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 10/05/2025

9/01/2026 to 10/05/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 10/05/2025

9/01/2026 to 10/05/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/11/2025

9/01/2026 to 11/10/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

None

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 10/05/2025

9/01/2026 to 10/05/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/11/2025

9/01/2026 to 11/10/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 10/05/2025

9/01/2026 to 10/05/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 10/05/2025

9/01/2026 to 10/05/2026

9/22/2025 to 11/11/2025

9/21/2026 to 11/10/2026

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

None

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

None

9/01/2025 to 11/30/2025

9/01/2026 to 11/30/2026

9/01/2025 to 9/28/2025

9/01/2026 to 9/28/2026

None

(f) In accordance with RSA 208:22, III, dogs shall not be run from bait for the purpose of taking bear after the first day of September.

(g) Wild black bear may be taken by the aid and use of not more than 6 dogs, after obtaining a permit pursuant to Fis 1102.12.

(h) Training of bear dogs shall be in accordance with Fis 305.02.

(i) In addition to the requirements in RSA 207:3-e, no person shall use telemetry equipment to track or locate bear dogs within 300 feet of a building occupied as a person's principal place of abode.

(j) Licensed guides may guide for taking bear during the open season as specified in Fis 301.06(c), Fis 301.06(d), and Fis 301.06(e). The person licensed for guiding shall, prior to guiding, obtain from the department a permit to guide bear hunters. There shall be a limit of 50 permits per season to guide for taking bear as specified in Fis 1102.06.

(k) Each licensed guide who has been issued a permit to take a bear as described in Fis 1102.06 shall be issued 6 “Guided Bear Transportation Tags” described in Fis 1102.07, subject to the following:

(1) All bear taken by hunters through the assistance of a licensed guide shall be tagged with both the hunter’s bear tag and a “Guided Bear Transportation Tag” from the guide who assisted the hunter;

(2) Section A of the “Guided Bear Transportation Tag” shall be signed by the hunter and securely affixed to the carcass of the bear immediately upon killing the bear;

(3) Section A of the “Guided Bear Transportation Tag” shall remain attached to the bear carcass or parts thereof until such time as the bear has been tagged by a New Hampshire conservation officer, fish and game personnel, or registration agent authorized by the director pursuant to paragraph (p) below;

(4) Section B of the “Guided Bear Transportation Tag” shall be completely filled out and retained by the guide for their records; and

(5) ”Guided Bear Transportation Tags” shall be used to tag only those bears taken by clients of the guide to whom the tags were issued and shall be non-transferable between guides.

(l) No bear shall be taken without the appropriate bear tag.

(m) Immediately upon killing a bear, the licensee shall fill in the appropriate bear tag, sign the tag, and attach the tag to the bear.

(n) The bear tag shall contain the following:

(1) The licensee’s name and street address;

(2) The date and time of kill; and

(3) The wildlife management unit in which the kill occurred.

(o) A bear registration station shall be allowed if:

(1) The proposed location has adequate facilities and is easily accessible. “Adequate facilities and easily accessible” means that the location has adequate space for parking and registering or weighing bear, is a safe distance away from the highway or road, and is located on or near a main route of travel for hunters;

(2) The hours of operation and location of the proposed station will minimize inconvenience to hunters needing to register a bear by being open during early morning, later into the evening, and open on weekend days; and

(3) The applicant shall not have been convicted of any fish and game violation within the past 7 years.

(p) Bear registration agents shall provide the following information on a “Bear Registration Station Agreement”:

(1) The station owner or operator’s name;

(2) Date of agreement;

(3) Name, physical address, mailing address, county, and telephone number of the establishment;

(4) The owner or operator’s home address and telephone number; and

(5) The hours and days of operation of the proposed registration station.

(q) The bear registration station owner, operator, and employees shall print legibly, accurately, and completely when filling out the bear registration form described in Fis 301.05.

(r) The bear registration station owner or operator shall sign the agreement in the presence of a witnessing department staff member, who shall also sign the agreement.

(s) Registration station agreements shall not be transferable upon change of ownership and shall not be assigned to any other party.

(t) By signing the agreement, applicants shall agree to abide by the statutes and rules governing bear registration reports and the collection of biological samples and shall sign subject to the penalties for making unsworn false statements under RSA 641:3.

(u) Bear registration agents may collect up to $5.00 as a registration agent fee, pursuant to RSA 208:22, VI-b.

(v) Any person who kills wild bear pursuant to this section shall, within 24 hours, exhibit the whole bear or the following body parts of a bear to a New Hampshire conservation officer, fish and game personnel, or registration agent for tagging with a numbered seal:

(1) Entire carcass, skinned or quartered, excluding viscera;

(2) Legs and feet;

(3) Intact skull;

(4) Hide; and

(5) Sex organs, including teats from females so that a positive sex determination can be made.

(w) At the time of tagging, the conservation officer, fish and game personnel, or registration agent shall remove a tooth from such bear and record other information as specified in Fis 301.05.

(x) If requested, any person who kills a wild black bear shall be required to take fish and game personnel back to the kill site, the site of carcass evisceration, or both for purposes such as verification of kill site or to obtain required biological samples left behind.

(y) Beginning with the 2024 bear season, no person shall take more than 2 wild black bear in a calendar year, as follows:

(1) One bear shall be permitted to be taken statewide; and

(2) One bear shall be permitted to be taken only in wildlife management units C1, D2, E, or F.

(z) No person shall take bear by trapping or snaring.

(aa) No person shall possess the carcass or any part of the carcass of a wild black bear without the bear tag or registration seal attached to it or by special permission of the executive director or the executive director’s agent.

(ab) No person shall possess a bear, or any parts of the carcass of a bear given to the person by another, unless each piece or package given to such person is clearly marked or labeled with the date of its receipt and the name and address of the donor.

(ac) Nothing in this section shall prohibit a licensed hunter who has used their archery or firearm bear tag from accompanying a licensed apprentice hunter or an unlicensed minor under the age of 16, while the apprentice hunter or minor is taking bear.

History

#3104, eff 8-22-85; amd by #3128, eff 10-1-85; ss by #4116, eff 8-21-86; ss by #4296, eff 7-21-87; ss by #4462, eff 7-29-88; ss by #4663, eff 8-21-89; ss by #4828, eff 6-1-90; amd by #4859, eff 1-1-91; ss by #5198, eff 8-2-91; amd by #5411, eff 6-19-92; amd by #5458, eff 8-28-92; amd by #5660, eff 6-28-93; ss by #5828, eff 5-24-94; amd by #6041, eff 5-18-95; amd by #6193, eff 2-22-96; ss by #6250, eff 5-22-96; ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; amd by #7107, eff 9-25-99; ss by #7289, eff 6-1-00; amd by #7427, eff 1-17-01; ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8249, eff 1-6-05; ss by #8644, eff 6-1-06; amd by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; amd by #9458, eff 4-21-09; amd by #9720-A, eff 6-5-10, paras (a)-(n) & (p)-(t)); amd by #9720-B, eff 6-5-10, (para (o)); amd by #9948-A, eff 6-24-11, (paras (a)-(n) & (p)-(v); amd by #9948-B, eff 6-24-11, (para (o)); ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #10751, eff 1-1-15; ss by #10891, INTERIM, eff 7-17-15, EXPIRED: 1-13-16
#11114, eff 6-3-16; amd by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #13655, eff 6-1-23; ss by #14308, eff 7-10-25; ss by #14494, eff 1-24-26, EXPIRES: 1-24-36

N.H. Code Admin. R. Ann. Fis 301.07 Moose Season {#sec-fis-301.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.07}

(a) “Antlered moose” means a moose which has at least one antler 6 inches long measured from the tip of the main beam along the distal edge of the antler to the base of the antler burr at the skull.

(b) For purposes of this section, the state shall be divided into wildlife management units, as described in Fis 301.02.

(d) No moose shall be taken with the aid and use of dogs.

(e) No moose shall be taken with the aid and use of bait.

(f) No person other than the permittee and subpermittee shall participate in a joint hunt to take moose except that the permittee may employ one licensed guide. The licensed guide may direct, aid, assist, or instruct the permittee and subpermittee but shall not shoot a moose.

(g) No person shall use an unmanned aerial vehicle as defined in Fis 312, or a person in any other aircraft to locate moose or communicate the location of moose to a permittee, subpermittee, or licensed guide between September 1 and December 31 of any year, or during the open moose season.

(h) No person shall use radio telemetry equipment, electronic calls, cell phones, radio transceivers, pagers, or other communication devices to collect and thereafter provide information to a permittee, subpermittee, or licensed guide for the purpose of attracting or taking moose after September 1 of any year or during the open moose season.

(i) No moose shall be taken within 300 feet of a class I, II, III, IV, or V highway, as classified pursuant to RSA 229:5. For purposes of this section, both the hunter and the moose shall be not less than 300 feet from a class I, II, III, IV, or V highway.

(j) No moose shall be taken with rimfire firearms or with shotguns using shot loads including buckshot. In towns restricted to weapon types pursuant to RSA 207:3-b, RSA 208:3, RSA 208:3-a, RSA 208:3-b, and RSA 208:3-c, only shotguns loaded with a single ball, muzzle-loading rifle, pistols as specified in RSA 208:3-d, crossbow, or bow and arrow shall be permitted for the taking of moose, except pistols shall not be used in the town of Bow pursuant to RSA 207:3-b.

(k) A person holding a current moose permit or subpermittee's permit shall only hunt moose with a muzzleloading firearm of not less than .45 caliber.

(l) Not withstanding (f) above, a permittee taking moose under the provisions of RSA 208:1-aa may use additional guides to assist in carrying out such hunt as necessary for the safe and successful completion of the hunt.

(m) Only one moose shall be taken per permittee and subpermittee combination.

(n) Moose may be taken in the water.

(o) The permittee or the subpermittee may shoot the moose, but it shall be the responsibility of the shooter to tag the moose immediately upon killing, remove the moose, and transport it to the biological check station as required by Fis 301.08.

(p) The moose tag shall contain the following:

(1) The shooter’s signature;

(2) The date and time of kill;

(3) Town of kill;

(4) Specific location of kill; and

(5) The assigned wildlife management unit.

(q) The shooter shall remain with the moose during transportation to the biological check station.

(r) The permittee and subpermittee shall only hunt in the wildlife management unit to which they are assigned by the department.

(s) The subpermittee shall always be accompanied by the permittee while hunting moose. All subpermittees shall be within sight and hearing, excluding electronic devices, when actual physical direction and control can be effected pursuant to RSA 207:1, XXX. All subpermittees under the age of 16 shall be accompanied by a permittee 18 years of age or older.

(t) The moose tag shall remain with the moose at all times until the moose is sealed at the biological check station, pursuant to RSA 208:9.

(u) Once the moose has been sealed as provided in Fis 301.08(h), a moose may be transported during the open season, and for 10 days after provided the registration seal remains firmly affixed to the moose at all times.

(v) The permittee, subpermittee, or both if requested, shall return with or without fish and game department personnel to the kill site, the site of evisceration, or both for purposes such as, but not limited to, verification of kill site or to obtain ovaries or other biological samples left behind.

(w) Each permittee or subpermittee shall carry a moose permit and each permittee and subpermittee 16 years of age or older shall carry a hunting license at all times when hunting for moose and registering the moose at the check station.

(x) Any person leaving moose parts in the field shall place parts out of sight of roads traveled by conventional vehicles.

History

#4327, eff 10-22-87; ss by #4348, eff 12-22-87; ss by #4572, eff 2-3-89; amd by #4733, eff 1-22-90; amd by #5125, eff 4-26-91; amd by #5384, eff 4-29-92; amd by #5625, eff6-1-93; ss by #5817, eff 4-26-94; amd by #6038, eff 5-17-95; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8357, eff 5-25-05; amd by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; amd by #9720-A, eff 6-5-10, (paras (a)-(p) & (r)-(y)); amd by #9720-B, eff 6-5-10, (para (q)); amd by 9800-A, eff 1-1-11 para (k); ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 301.071 Wildlife Seasons and Rules {#sec-fis-301.071 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.071}

Moose Hunter Diary. The permittee shall complete the “Moose Hunter Diary” form, Revised 5/24, available from the registration agent, and return it to the department:

(a) During the registration process at a biological check station as provided in Fis 301.08(e); or

(b) By mailing it to the department, post marked no later than November 10th of the year the permit was issued, addressed to:

New Hampshire Fish and Game Department

11 Hazen Drive

Concord, NH 03301

History

#10347, eff 5-22-13; amd by #10619, eff 6-2-14; ss by #13970, eff 6-1-24; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 301.08 Moose Registration at Biological Check Stations {#sec-fis-301.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.08}

(a) Moose taken during the open moose hunting season shall be presented at the nearest biological check station within 24 hours of the kill.

b) Moose taken prior to the open season on hunting adventure permits under RSA 208:1-aa shall be presented to a department designated registration station within 24 hours of the kill.

(c) Biological check stations shall be open for 3 to 9 days during the open moose hunting season. The day after the season closes, moose shall be registered at any fish and game department regional office or at headquarters in Concord.

(d) At the registration station, the shooter shall provide the hunting license, moose permit, and completed moose tag, and shall complete a “Moose Registration” form, Rev 7/25, as provided by the registration agent.

(e) The shooter shall allow biological information to be taken from their moose, including the sex, antler beam diameter, number of points, antler spread, weight, estimated age, and estimated tick loads.

(f) The shooter shall bring in to the biological check station at least the following:

(1) The lower jaw, including incisors, one of which shall be taken for aging purposes;

(2) The intact antler rack on an antlered moose;

(3) The skull plate on a male antlerless moose;

(4) For female moose, both of the ovaries; and

(5) All edible portions of the moose.

(g) Once all moose registration requirements are completed, a moose registration seal, as required by RSA 208:9, shall be affixed by the registration agent to the moose for transportation.

History

#4327, eff 8-22-87; ss by #4572, eff 2-3-89; amd by #5125, eff 4-26-91; amd by #5384, eff 4-29-92; ss by #5625, eff 6-1-93; ss by #5817, eff 4-26-94; amd by #6038, eff 5-17-95; (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #7699, eff 6-5-02; ss by #7921, eff 7-24-03; amd by #9720-A, eff 6-5-10, (paras (a)-(c) and (e) and (f)); amd by #9720-B, eff 6-5-10, (para (d)); ss by #10347, eff 5-22-13; ss by #10619, eff 6-2-14; amd by #11114, eff 6-3-16; ss by #13970, eff 6-1-24; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 301.09 Moose Season Lottery. {#sec-fis-301.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.09}

(a) Application for the moose season lottery shall be made on an application described in Fis 1102.08.

(b) The applicant shall be at least 16 years of age by the application deadline.

(c) A non-refundable fee of $15 for residents or $25 for nonresidents, payable to New Hampshire fish and game department by cash, check, or money order, shall accompany each application.

(d) Only one application per person shall be entered in the lottery, and applications shall be non-transferable. Any person who provides an incorrect state of residency on an application shall be disqualified from the lottery process and shall not be eligible to receive a permit. State of residency for purposes of the moose lottery application process shall be the person’s state of residence, pursuant to RSA 207:1, XXIII, at the deadline date for moose lottery applications. Proof of NH residency shall be the applicant’s valid NH driver’s license or NH non-driver’s identification card number issued by the NH department of safety, division of motor vehicles, prior to the application deadline.

(e) Illegible applications and incomplete applications shall be returned and not considered. Corrected applications may be resubmitted.

(f) No late entries shall be accepted.

(g) Bonus points shall be accrued in accordance with RSA 208:1-a, II-a.

(h) No person shall accrue more than one point in a given year’s lottery.

(i) A person’s accrued points shall be lost if:

(1) The applicant fails to provide an eligible application for a given year’s lottery;

(2) The applicant fails to provide notification of a driver's license number or non-driver identification number change as specified in paragraph (w) below;

(3) The successful applicant has paid the permit fee and does not return the permit by October 1 as specified in paragraph (t) below; or

(4) The applicant provides an incorrect state of residency as described in paragraph (d) above.

(j) All applications shall be:

(1) Turned in to the department headquarters by 4:00 p.m. on the last Friday in May;

(2) Postmarked no later than midnight on the last Friday in May; or

(3) Submitted on-line as long as the transaction was started prior to midnight eastern daylight time on the last Friday in May.

(k) Applications shall be assigned a number on a first come, first served basis when received at the department headquarters. Self-addressed and stamped receipts shall be returned as notification that the application has been received.

(l) The lottery drawing shall be:

(1) Held after the season dates have been adopted by rules; and

(2) Conducted in the following manner:

a. Selection of winning numbers shall be done by computer selection of random numbers;

b. A total of 33 application numbers shall be drawn;

c. A total of 500 additional numbers shall be drawn as alternates;

d. The 33 moose permits shall be allocated as specified in Table 300.02 below:

Table 300.02 Moose Permit Allocation Table

Wildlife Management Unit

No. of Permits For Either Sex Moose

No. of Permits Restricted To Antlerless Moose Only

H2-north

H2-south

e. Based on the order of computer selection, applicants shall be assigned a permit as follows:

Applicants shall be assigned a permit for either sex moose in a wildlife management unit indicated on their application;
If all permits for either sex moose in those wildlife management units are filled, applicants shall:

(i) Be assigned to a permit for an antlerless moose, provided their application indicates they are willing to hunt antlerless moose in one of the wildlife management units having these permits available; and

(ii) Not be assigned a permit if their application indicates they are not willing to hunt antlerless moose; and

Once all of the initially drawn applicants have been considered for permits:

(i) Alternates shall be used to fill the remaining permits; and

(ii) Successful applicants drawn for a permit shall be notified by mail within 10 working days; and

f. The percentage of nonresident numbers drawn shall not be greater than the percentage of nonresident hunting licenses sold during the previous calendar year, and nonresidents shall be randomly distributed throughout the wildlife management units.

(m) Alternates shall be chosen if a permittee chooses not to participate in the hunt and advises the department, in writing, of this decision. Alternates shall be selected in the order in which they were originally drawn in the lottery. Chosen alternates shall then be permittees. Alternates shall be assigned to the wildlife management unit which was assigned to the original permittee. These new permittees shall be notified by mail within 7 days after being selected.

(n) The permit fee shall be paid in full at fish and game headquarters in Concord no later than the last working day in July. Late payments received via U.S. mail shall be accepted, provided they were postmarked no later than midnight on the third Friday of July. Alternates shall be chosen for applicants failing to pay the fee by the prescribed date. Alternates selected shall then pay within 14 days after being notified.

(o) The permittee shall submit the information specified in paragraph (p) below on the permittee and the subpermittee, if a subpermittee is designated, to the fish and game department so that it shall be received at fish and game headquarters in Concord by the last working day in July. Late information received via US mail shall be accepted, provided they are postmarked no later than midnight on the third Friday in July. If an alternate is chosen as a permittee, designation of subpermittee and accompanying information shall be submitted with the payment.

(p) The information required in paragraph (o) above of permittees and subpermittees shall be as follows:

(1) Confirmation of the permittee’s intention to participate in the moose hunt signed subject to the penalties for making unsworn false statements under RSA 641:3;

(2) The subpermittee’s:

a. Complete name and mailing address;

b. Date of birth; and

c. Telephone number; and

(3) A signed statement from the permittee and the subpermittee that neither has paid or bartered anything for the privilege of being designated as a subpermittee and that they each have read and understand the current moose hunting rules signed subject to the penalties for making unsworn false statements under RSA 641:3.

(q) The permittee shall obtain a permit described in Fis 1102.09. There shall be no residency requirements for the subpermittee.

(r) No person shall act as a subpermittee for more than one permittee.

(s) The deadline for the permittee to change the subpermittee shall be 8 days prior to the start of the moose season.

(t) Once the fee for a moose permit has been paid, the permittee shall lose all accumulated points and not be eligible to submit an application for the next 3 application periods, unless the permittee returns the permit prior to October 1 so that an alternate may be notified to participate in the moose hunt.

(u) No permittee shall sell or barter the subpermittee portion of their permit.

(v) No person shall possess more than one moose permit as a permittee.

(w) If a person’s driver’s license number or non-driver identification number changes, the applicant shall notify the department on the application. If the department is not able to match the identity of the applicant with its records, the applicant shall provide their name, address, date of birth, their old identification number, and new identification number.

(x) The executive director shall waive restrictions in the moose lottery process to delay the issuance of a moose permit for one year after being drawn due to a life-threatening illness or accident of the permittee or the permittee’s active duty military service, any of which prevents the permittee from participating in the moose hunt.

(y) In order for the permit to be deferred, the permittee shall:

(1) Not have participated in any portion of the current year’s moose hunt; and

(2) Provide the following:

a. A request from the permittee to defer the permit, which includes a brief explanation as to the deferment request, signed subject to the penalties for making unsworn statements under RSA 641:3; and

b. Either:

A statement from a physician stating that, due to the permittee’s medical condition, the permittee is physically not able to participate in the current year’s moose hunt, signed subject to the penalties for making unsworn false statements under RSA 641:3; or
In the case of active military service, federal documentation which shows that the permittee will be on active duty during the current year’s moose hunt.

(z) The permittee shall notify department headquarters no later than 4:00 pm on the day before the hunt begins of said intent to defer the current year’s permit.

(aa) The information referenced in paragraph (y) above and the permit shall be received at department headquarters no later than the second Friday of November.

(ab) The executive director shall authorize permits, in addition to the permits in paragraph (l)(2)d. above, if the director determines that a department error resulted in the rejection of an eligible application for a permit and the application would have otherwise been successful based on its random number.

History

#4327, eff 10-22-87; ss by #4348, eff 12-22-87; ss by #4572, eff 2-3-89; amd by #4733, eff 1-22-90; amd by #5125, eff 4-26-91; amd by #5384, eff 4-29-92; amd by #5625, eff6-1-93; ss by #5817, eff 4-26-94; amd by #6038, eff 5-17-95; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8357, eff 5-25-05; amd by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; amd by #9720-A, eff 6-5-10, (paras (a)-(p) & (r)-(y)); amd by #9720-B, eff 6-5-10, (para (q)); amd by 9800-A, eff 1-1-11 para (k); ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 301.10 Rabbits and Hares {#sec-fis-301.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.10}

(a) Snowshoe hares shall only be taken as follows:

(1) The open season shall be October 1 to March 31; and

(2) The daily bag limit shall be as follows:

a. In WMUs A through G, and J1 the daily bag limit shall be 3 snowshoe hares; and

b. In WMUs H1, H2, I1, I2 J2, K, L, and M the daily bag limit shall be 2 snowshoe hares.

(b) Cottontail rabbits shall only be taken in WMUs H2, K, L, and M, except for the closed areas specified in (c), and the open season for hunting and falconry shall be October 1 to March 15 with a daily total bag limit of 4.

(1) The portion of WMUs K, M, and L bound by Route 28 from the Massachusetts border in Salem, north to, Route 101 in Manchester, Route 101 west to I 93 in Manchester, I 93 north to I 293 in Hooksett, I 293 south to Granite Street in Manchester, Granite Street south to South Main Street in Manchester, South Main Street south to Route114A in Manchester, Route 114A north to Route 114 in Goffstown, Route 114 north to Route 13 in Goffstown, and Route 13 south to the Massachusetts border in Brookline; and

(2) The portion of WMU L bound by Route 202/11 west from the Maine border in Rochester, to Route 16, Route 16 south to Route 125, Route 125 south to Route 101, Route 101 east to the Squamscott River, north along the Squamscott River, north along shoreline of Great and Little Bay estuary to the Piscataqua River, and northwest along the Maine border to Route 202/11 at the Maine border.

(d) No person shall take hare or rabbits by the use of a snare.

History

#4551, eff 12-20-88; ss by #4879, eff 7-23-90; ss by #5829, eff 5-24-94; (See Revision Note at part heading for Fis 301); ss by #7289, eff 6-1-00; ss by #7533, eff 7-24-01; amd by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; ss by #9163, eff 5-28-08; ss by #10619, eff 6-2-14; ss by #12591 eff 7-25-18; ss by #13211, eff 5-26-21; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 301.11 Gray Squirrel {#sec-fis-301.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 301.11}

(a) The season for gray squirrel shall open September 1 and close January 31.

(b) The daily bag limit of squirrel shall be 5 gray squirrels.

(c) No person shall hunt or take squirrels within a compact zone of any village or city or within the limits of any public park or cemetery.

History

#4551, eff 12-20-88; ss by #4879, eff 7-23-90; ss by #5829, eff 5-24-94; (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; ss by #8085, eff 5-26-04; ss by #9163, eff 5-28-08; ss by #10619, eff 6-2-14; amd by #12591, eff 7-25-18

Part Fis 302 Game Birds

N.H. Code Admin. R. Ann. Fis 302.04 Wildlife Seasons and Rules {#sec-fis-302.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.04}

through Fis 302.07 and Fis 302.10

Document #5870, effective 7-19-94

N.H. Code Admin. R. Ann. Fis 302.02 Wildlife Seasons and Rules {#sec-fis-302.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.02}

, Fis 302.08 and Fis 302.09

Document #5885, effective 8-25-94

N.H. Code Admin. R. Ann. Fis 302.04 Wildlife Seasons and Rules {#sec-fis-302.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.04}

, Fis 302.06, Fis 302.07 and Fis 302.10

Document #6088, effective 8-29-95

N.H. Code Admin. R. Ann. Fis 304.04 Wildlife Seasons and Rules {#sec-fis-304.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.04}

through Fis 302.07 and Fis 302.10

N.H. Code Admin. R. Ann. Fis 302.01 Wild Turkey {#sec-fis-302.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.01}

(a) No person shall at any time hunt, shoot, pursue, kill, or take wild turkey in this state without first procuring a turkey permit and the applicable license required under RSA 214.

(b) For purposes of this section, the state shall be divided into wildlife management units as described in Fis 301.02.

(d) The fall turkey seasons shall be as follows:

(1) The archery season shall be September 15 to December 15, provided that in WMU A the closure date shall be December 8; and

(2) In wildlife management units D2, H1, H2, I1, J2, K, L, and M, the shotgun season shall be 7 consecutive days in length, beginning 5 days immediately preceding the moose season as specified in Fis 301.07(c).

(e) Shooting hours shall be as follows:

(1) The shooting hours during the spring turkey season shall begin one half hour before sunrise and end at 12:00 noon; and

(2) The shooting hours during the fall seasons for the taking of wild turkeys shall begin one half hour before sunrise and end one half hour after sunset.

(f) Persons licensed to take turkeys shall be entitled to take no more than 2 turkeys per year as follows:

(1) One bearded or male turkey may be taken in the spring season described in paragraph (c) above and one turkey of either sex may be taken during the fall archery season or during the fall shotgun season described in paragraph (d) above; or

(2) Two bearded or male turkeys may be taken in the spring season described in paragraph (c) above, provided that:

a. No person shall take a second turkey until the first turkey has been legally registered;

and

b. One turkey may be taken statewide, and the other turkey shall only be taken in wildlife management units H1, H2, J2, K, L, or M.

(g) Nothing in this section shall prohibit a properly licensed turkey hunter, who has taken a turkey, from assisting another properly licensed turkey hunter by calling only. The person assisting by calling shall not possess a firearm, bow and arrow, or crossbow that could lawfully be used for the purpose of a take.

(h) For purposes of this section:

(1) “Fanning” means the practice of staying in a stationary position while holding, wearing, or using a real or artificial turkey fan as camouflage to entice a turkey to approach the hunters’ position; and

(2) “Reaping” means the practice of stalking or approaching a turkey while holding, wearing, or using a real or artificial turkey fan as camouflage.

(i) No person shall employ the practice of fanning or reaping for taking turkey.

(j) The lawful methods of take shall consist of:

(1) Shotguns, with the following shot and loads:

a. Between 10 and 20 gauge inclusively, with shot size of #4 and smaller, in hunting rather than target loads; or

b. 28 gauge and .410, with shot sizes #7 through #9.5, a minimum shot density of 18 grams per cubic centimeter (G/CC), and a minimum barrel length of 18 inches; and

(2) Bow and arrow or crossbow in accordance with Fis 301.041.

(k) No person shall use live decoys, electronic calling devices, baiting, cooperative drives, or dogs during the spring turkey season.

(l) No person shall use live decoys, electronic calling devices, baiting, or cooperative drives during the fall archery season and fall shotgun season.

(m) No person shall shoot at or take a turkey while the turkey is in a tree, regardless of the method of take.

(n) The licensed hunter taking the turkey shall register and report the kill as follows:

(1) Immediately upon killing a turkey, the licensed hunter shall:

a. Detach the turkey tag from their license;

b. Fill out the tag with the name and address of the licensee who killed the turkey, the date and time of kill, and the WMU where the turkey was killed;

c. Securely attach the tag to the leg of the turkey; and

d. Keep the carcass fully feathered and intact, except that the carcass may be eviscerated before completing the registration process;

(2) Not attach a turkey tag to a turkey that person did not kill;

(3) Not possess a turkey tag that was not issued to that person; and

(4) Not transport a wild turkey unless it is tagged with a turkey tag and is accompanied by the licensed hunter who took the turkey.

(o) Any turkey taken during the special youth hunting days for turkey in accordance with Fis 1204.03(a) or during any other turkey season shall be registered within 24 hours of taking in accordance with one of the following methods:

(1) Completion of a “turkey registration report” and receipt of a confirmation number from a department approved registration station in accordance with Fis 302.012; or

(2) Completion of all required fields in an online registration report using the link available at www.wildlife.nh.gov and receipt of an electronic confirmation that the report was completed and accepted by the department.

(p) Each hunter who registers a turkey shall maintain proof of completion of the registration process by having the confirmation number of each harvested turkey written on or kept with their hunting license.

(q) If requested, the carcass of the turkey shall be exhibited to a conservation officer for examination to determine the method of kill.

History

#1543, eff 3-10-80; amd by #1731, eff 3-24-81; amd by #1986, eff 3-24-82; ss by #2337, eff 4-8-83; amd by #2675, eff 4-18-84; amd by #2991, eff 3-22-85; amd by #4032, eff 4-1-86; amd by #4247, eff 3-30-87; amd by #4398, eff 4-18-88; ss by #4603, eff 4-26-89; ss by #4787, eff 3-22-90; amd by 4859, eff 1-1-91; amd by #5176, eff 7-11-91; amd by #5385, eff 4-29-92; ss by #5612, eff 4-16-93; ss by #5799, eff 3-22-94; amd by #6025, eff 4-26-95; amd by #6250, eff 5-22-96; ss by #6341, eff 1-1-97; ss by #6784, eff 1-1-99; amd by #6841, eff 1-1-99; ss by #7289, eff 6-1-00; ss by #7532, eff 1-1-02; amd by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; ss by #8357, eff 5-25-05; ss by #8644, eff 6-1-06; ss by #9055, eff 1-2-08; ss by #9171, eff 6-5-08; ss by #9720-A, eff 6-5-10; amd by #10037, eff 11-29-11; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; amd by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 302.011 Turkey Registration Stations {#sec-fis-302.011 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.011}

(a) New turkey registration stations shall be authorized only if:

(1) The proposed station location is greater than 10 travel miles from the nearest adjacent station, unless an adjacent station(s) registers more than 100 spring turkeys, was in existence on 12/31/09, or the proposed station location will provide increased opportunity for hunters to register turkey by offering extended hours;

(2) The proposed location has adequate facilities and is easily accessible. Adequate facilities and easily accessible means that the location has adequate space for parking and registering or weighing turkey, is a safe distance away from the highway or road, and is located on or near a main route of travel for hunters;

(3) The hours of operation and location of the proposed station will minimize inconvenience to hunters needing to register a turkey by being open during early morning, later into the evening and open on weekend days; and

(4) The applicant shall not have been convicted of any fish and game violation within the past 7 years.

(b) Turkey registration agents under RSA 209:12-a shall provide the following information on a “Turkey Registration Station Agreement”:

(1) The station owner or operator’s name;

(2) Date of agreement;

(3) Name, physical address, mailing address, county, and telephone number of the station owner or operator’s establishment;

(4) The owner or operator’s home address and telephone number; and

(5) The hours and days of operation of the proposed registration station.

(c) The turkey registration station owner, operator, and employees shall print legibly, accurately, and completely when filling out the turkey registration form described in Fis 302.012.

(d) The turkey registration station owner or operator shall sign the agreement in the presence of a witnessing department conservation officer or designee, who shall also sign the agreement.

(e) Registration station agreements shall not be transferable upon change of ownership and shall not be assigned to any other party.

(f) By signing the agreement, applicants shall agree to abide by the statutes and rules governing turkey registration stations and turkey registration reports and shall sign subject to the penalties for making unsworn false statements under RSA 641:3.

(g) Failure to accurately and legibly provide the information specified in Fis 302.012 on the turkey registration report shall, after notice and opportunity for a hearing, result in the suspension or closure of the registration station.

(h) Those registration stations which are also fish and game agents as defined in RSA 214-A:1, II shall remain in good standing with regard to the requirements of RSA 214-A.

(i) Turkey registration agents may collect up to $5.00 as a registration agent fee pursuant to RSA 209:12-a, I(b).

History

#8085, eff 5-26-04; amd by #9720-A, eff 6-5-10, (paras (a) & (e)-(i)); amd by #9720-B, eff 6-5-10, (paras (b)-(d)); ss by #12591, eff 7-25-18; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 302.012 Turkey Registration Reports {#sec-fis-302.012 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.012}

(a) All persons reporting a turkey kill to a turkey registration station under RSA 209:12-a shall provide the following:

(1) The shooter’s:

a. Name;

b. Street and mailing address;

c. Telephone number;

d. Residency; and

e. Date of birth;

(2) Town of kill;

(3) Date of kill;

(4) Time of kill;

(5) The following information about the turkey:

a. Sex;

b. Weight;

c. Length of beard to the nearest ¼ inch;

d. Length of left and right spurs;

e. Age, by indicating whether the turkey is adult or immature; and

f. Description of any abnormality, injury, off coloration, leg band, or wing streamer on turkey;

(6) Weapon type used;

(7) Wildlife management unit of kill;

(8) The following license information:

a. Hunting license type(s) and license number(s) held by licensee; and

b. Permit type(s) and permit number(s) held by licensee and under which the turkey was taken; and

(9) The registration number of the vehicle transporting the turkey.

(b) The registration agent shall include the following:

(1) The date and time of turkey registration;

(2) The date and time of turkey license purchase; and

(3) The registration station number.

(d) The registration agent shall:

(1) Provide the hunter with a turkey confirmation number; and

(2) Sign the paper report or file the electronic report subject to the penalties for making unsworn false statements under RSA 641:3.

History

#8085, eff 5-26-04; amd by #9720-A, eff 6-5-10, (para (d)(1)); amd by 9720-B, eff 6-5-10, paras (a)-(c) & (d) intro & (d)(2); ss by #11114, eff 6-3-16; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 302.02 American Crow {#sec-fis-302.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.02}

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking American crow (Corvus brachyrhynchos) shall open on March 16 and close on March 31; open again on August 15 and close again on November 30 each year.

(b) There shall be no bag limit for crows.

(d) Crows shall be taken with firearms, bow and arrow, or falconry.

History

#984, eff 8-1-77; ss by #2150, eff 10-6-82; ss by #2832, eff 8-21-84; ss by #4463, eff 7-29-88; (See Revision Note at part heading for Fis 302) #5870, eff 7-19-94; ss by #7289, eff 6-1-00; ss by #7359, EXEMPT, eff 8-24-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #8121, EXEMPT, eff 7-14-04; ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.03 Raven {#sec-fis-302.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.03}

There shall be no open season on raven (Corvus corax).

History

#984, eff 8-1-77; ss by #2150, eff 10-6-82; ss by #2832, eff 8-21-84; ss by #4858, eff 7-5-90; ss by #6250, eff 5-22-96; ss by #8085, eff 5-26-04; ss by #9985, EXEMPT, eff 8-24-11; ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.04 Ducks, Mergansers, and Sea Ducks {#sec-fis-302.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.04}

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking ducks, mergansers, and sea ducks shall be as follows:

(1) The season for taking ducks, mergansers, and sea ducks in the inland zone shall open October 13 and close November 11; reopen on November 25 and close again on December 24;

(2) The season for taking ducks, mergansers, and sea ducks in the coastal zone shall open on October 6 and close on October 12; reopen on November 26 and close again on January 17;

(3) The season for taking ducks, mergansers, and sea ducks in the northern zone shall open on October 2 and close on November 30; and

(4) There shall be no open season for Harlequin ducks.

(b) The delineation of the inland, northern and coastal boundaries shall be as follows:

(1) Coastal zone - Beginning at the Maine-New Hampshire line in Rollinsford, that portion of the state of New Hampshire east of a boundary formed by state highway 4, west to the city of Dover, south to the intersection of state highway 108, south along state highway 108 through Madbury, Durham and New Market to the junction of state highway 85 in Newfields, south to state highway 101 in Exeter, east to Interstate 95 (New Hampshire Turnpike) in Hampton, and south on Interstate 95 to the Massachusetts border;

(2) Northern zone - That area of the state east of the Connecticut River zone and north of the inland zone beginning at the junction of route 10 and route 25A in Orford, east on route 25A to route 25 in Wentworth, southeast on route 25 to exit 26 of route I-93 in Plymouth, south on route I-93 to route 3 at exit 24 of route I-93 in Ashland, northeast on route 3 to route 113 in Holderness, north on route 113 to route 113-A in Sandwich, north on route 113-A to route 113 in Tamworth, east on route 113 to route 16 in Chocorua, north on route 16 to route 302 in Conway, east on route 302 to the ME-NH border; and

(3) Inland zone - The remaining portion of the state including the Connecticut river zone as specified in RSA 209:5-a.

(c) The sea duck hunting area includes all coastal waters and waters of rivers and streams seaward from the first upstream bridge from the coast.

(d) Daily shooting or falconry hours shall begin at one-half hour before sunrise and end at sunset.

(e) Taking of ducks in the inland, northern and coastal zone shall be limited to a daily bag of 6, and a possession limit of 18. Taking of sea ducks shall be limited to a daily bag limit of 4 and a possession limit of 12. Taking of mergansers shall be limited to a daily bag of 5, and a possession limit of 15. The falconry daily bag limit shall not exceed 3 migratory game birds in the aggregate.

(f) The species of ducks named below shall be subject to the following restricted bag limits, and shall be included as part of the daily bag limit specified in paragraph (d):

(1) Taking of black ducks statewide shall be limited to a daily bag of 2 and a possession limit of 6;

(2) Taking of wood ducks statewide shall be limited to a daily bag of 3 and a possession limit of 9;

(3) Taking of redheads statewide shall be limited to a daily bag of 2 and a possession limit of 6;

(4) Taking of mallards statewide shall be limited to a daily bag of 4 (only 2 of which may be a hen), and a possession limit of 12 (only 6 of which may be hens);

(5) Taking of pintails statewide shall be limited to a daily bag of 3, and a possession limit of 9;

(6) Taking of scaup statewide shall be limited to a daily bag of 1 and a possession limit of 3;

(7) Taking of scoter statewide shall be limited to a daily bag limit of 3 and a possession limit of 9;

(8) Taking of eiders statewide shall be limited to a daily bag limit of 3 (only 1 of which may be a hen) and a possession limit of 9;

(9) Taking of long-tailed ducks statewide shall be limited to a daily bag limit of 3 and a possession limit of 9; and

(10) Taking of canvasbacks statewide shall be limited to a daily bag of 2 and a possession limit of 6.

(g) In addition to the regular migratory bird season, there shall be a special extended falconry season on ducks, mergansers, and American coots as follows:

(1) The inland zone season extension shall open on November 12 and shall close on November 24, reopen on December 25 and close again January 23;

(2) The coastal zone season extension shall open on January 27 and close on March 10;

(3) The northern zone season shall open on December 1 and shall close on January 12; and

(4) The daily bag and possession limits for falconry are specified in Fis 302.04.

(h) Non-toxic shot shall be required statewide for the taking of ducks and mergansers. For the purposes of this section “nontoxic shot” means, as it does in 50 CFR 20, any shot type that does not cause sickness and death when ingested by migratory birds as determined under 50 CFR 20. The only shot currently approved by the Director, US Fish and Wildlife Service, are steel shot, bismuth-tin shot, tungsten-iron shot, tungsten-polymer shot, tungsten-matrix shot, tungsten-nickel-iron shot, tungsten-bronze shot, tungsten-tin-bismuth shot, tungsten-tin-iron-nickel shot, tungsten-iron-copper-nickel shot, tungsten-tin-iron shot, and tungsten-iron-polymer shot.

History

#1635, eff 9-22-80; amd by #1821, eff 9-29-81; amd by #1447, eff 10-3-79; ss by #2150, eff 10-6-82; amd by #2493, eff 9-30-83; ss by #2865, eff 9-27-84; amd by #3115, eff 9-16-85; amd by #4127, eff 9-5-86; amd by #4307, eff 8-28-87; ss by #4490, eff 9-16-88; ss by #4634, eff 6-21-89; ss by #4674, eff 9-19-89; ss by #4929, eff 9-6-90; ss by #5216, eff 8-30-91; ss by #5460, eff 8-31-92; ss by #5696, eff 8-26-93; #5885, eff 8-25-94; #6088, eff 8-29-95; ss by #6331, eff 8-26-96; ss by #6579, EXEMPT, eff 9-16-97; ss by #6850, EXEMPT, eff 8-27-98; ss by #7092, EXEMPT, eff 9-2-99; ss by #7360, EXEMPT, eff 8-25-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7757, EXEMPT, eff 8-22-02; ss by #7941-A, EXEMPT, eff 8-25-03; ss by #8154, EXEMPT, eff 9-2-04; ss by #8421, EXEMPT, eff 8-18-05; ss by #8734, EXEMPT, eff 9-25-06; ss by #8982, EXEMPT, eff 9-21-07; ss by #9251, EXEMPT, eff 8-29-08; ss by #9540, EXEMPT, eff 9-10-09; ss by #9771, EXEMPT, eff 8-26-10; ss by #9985, EXEMPT, eff 8-24-11; ss by #10174, EXEMPT, eff 8-22-12; ss by #10400, EXEMPT, eff 8-21-13; ss by #10658, EXEMPT, eff 8-16-14; ss by #10911, EXEMPT, eff 8-22-15; ss by #11072, EXEMPT, eff 4-14-16; ss by #12159, EXEMPT, eff 4-14-17; ss by #12514, EXEMPT, eff 4-14-18; ss by #12759, EXEMPT, eff 4-16-19; ss by #13034, eff 4-14-20; ss by #13197, eff 4-24-21; ss by #13376, eff 4-14-22; ss by #13609, EXEMPT, eff 4-15-23; ss by #13925, EXEMPT, eff 4-16-24; ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.05 Coots {#sec-fis-302.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.05}

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking coots shall be as follows:

(1) The inland zone, as specified in Fis 302.04(b)(3), shall open October 13 and close on November 11; reopen on November 25 and close again on December 24;

(2) The coastal zone, as specified in Fis 302.04(b)(1), shall open on October 6 and close on October 12; reopen on November 26 and close again on January 17; and

(3) The northern zone, as specified in Fis 302.04 (b)(2), shall open on October 2 and close on November 30.

(b) Taking of coots shall be limited to a daily bag of 15, and possession limit of 45.

(d) Nontoxic shot, as defined in Fis 302.04(g), shall be required statewide for the taking of coots.

History

#1447, paragraphs (b) & (c), eff 10-3-79; #1633, paragraph (a); amd by #1787, paragraph (a), eff 7-29-81; ss by #2131, eff 9-8-82; ss by #2865, eff 9-27-84; ss by #4490, eff 9-16-88; ss by #4634, eff 6-21-89; ss by #4674, eff 9-19-89; #5696, eff 8-26-93; #6088, eff 8-29-95; ss by #7359, EXEMPT, eff 8-24-00; ss by #8121, EXEMPT, eff 7-14-04; ss by #8421, EXEMPT, eff 8-18-05; ss by #10400, EXEMPT, eff 8-21-13; ss by #11072, EXEMPT, eff 4-14-16; ss by #12759, EXEMPT, eff 4-16-19; ss by #13034, eff 4-14-20; ss by #13197, eff 4-24-21; ss by #13376, eff 4-14-22 (formerly Fis 302.06); ; ss by #13609, EXEMPT, eff 4-15-23; ss by #13925, EXEMPT, eff 4-16-24; ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.06 Geese {#sec-fis-302.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.06}

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the regular Canada goose season shall be as follows:

(1) The inland zone, as specified in Fis 302.04(b)(3), shall open October 13 and close on November 11; reopen on November 25 and close again on December 24.

(2) The coastal zone, as specified in Fis 302.04(b)(1), shall open October 6 and close October 12; reopen on November 26 and close again on January 17;

(3) The northern zone, as specified in Fis 302.04(b)(2), shall open October 2 and close on November 30; and

(4) Taking of Canada geese shall be limited to a daily bag of 2, and a possession limit of 6.

(b) The season for taking snow geese shall be as follows:

(1) The inland zone, as specified in Fis 302.04(b)(3), shall open on October 13 and close on November 11; reopen on November 25 and close again on December 24;

(2) The coastal zone, as specified in Fis 302.04(b)(1), shall open on October 6 and close on October 12; reopen on November 26 and close again on January 17; and

(3) The northern zone, as specified in 302.04(b)(2), shall open on October 2 and shall close on November 30.

(d) Daily shooting hours shall begin at one-half hour before sunrise and end at sunset.

(e) Nontoxic shot, as defined in Fis 302.04(g), shall be required statewide for the taking of geese.

History

#1821, eff 9-29-81; amd by #1447, eff 10-3-79; ss by #2150, eff 10-6-82; ss by #2865, eff 9-27-84; amd by #4127, eff 9-5-86; amd by #4307, eff 8-28-87; ss by #4490, eff 9-16-88; ss by #4634, eff 6-21-89; ss by #4674, eff 9-19-89; ss by #4929, eff 9-6-90; ss by #5216, eff 8-30-91; ss by #5460, eff 8-31-92; ss by #5696, eff 8-26-93; #5885, eff 8-25-94; #6088, eff 8-29-95; ss by #6331, eff 8-26-96; ss by #6579, EXEMPT, eff 9-16-97; ss by #6850, EXEMPT, eff 8-27-98; ss by #7092, EXEMPT, eff 9-2-99; ss by #7360, EXEMPT, eff 8-25-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7757, EXEMPT, eff 8-22-02; ss by #7941-A, EXEMPT, eff 8-25-03; ss by #8154, EXEMPT, eff 9-2-04; ss by #8421, EXEMPT, eff 8-18-05; ss by #8734, EXEMPT, eff 9-25-06; ss by #8982, EXEMPT, eff 9-21-07; ss by #9251, EXEMPT, eff 8-29-08; ss by #9540, EXEMPT, eff 9-10-09; ss by #9771, EXEMPT, eff 8-26-10; ss by #9985, EXEMPT, eff 8-24-11; ss by #10174, EXEMPT, eff 8-22-12; ss by #10400, EXEMPT, eff 8-21-13; ss by #10658, EXEMPT, eff 8-16-14; ss by #10911, EXEMPT, eff 8-22-15; ss by #11072, EXEMPT, eff 4-14-16; ss by #12159, EXEMPT, eff 4-14-17; ss by #12514, EXEMPT, eff 4-14-18; ss by #12759, EXEMPT, eff 4-16-19; ss by #13034, eff 4-14-20; ss by #13197, eff 4-24-21; ss by #13376, eff 4-14-22 (formerly Fis 302.07); ss by #13925, EXEMPT, eff 4-16-24; ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.061 Special September Canada Goose Season {#sec-fis-302.061 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.061}

(a) The special statewide September season to take Canada geese shall September 1 and close September 25.

(b) The taking of Canada geese shall be limited to a daily bag limit of 5 Canada geese, and a possession limit of 15.

(d) Daily shooting hours shall begin one-half hour before sunrise and end at sunset.

History

#6309, eff 7-30-96; ss by #6553, eff 7-23-97; ss by #6850, EXEMPT, eff 8-27-98; ss by #7067, EXEMPT, eff 8-1-99; ss by #8121, EXEMPT, eff 7-14-04; ss by #8943, EXEMPT, eff 7-18-07; ss by #10400, EXEMPT, eff 8-21-13; ss by #10911, EXEMPT, eff 8-22-15; renumbered by #13376 (formerly Fis 302.071); ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.062 National Migratory Bird Harvest Information Program (HIP) {#sec-fis-302.062 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.062}

(a) In accordance with 50 CFR Part 20.20, New Hampshire is required to participate in the migratory bird harvest information program (HIP) as of 1998. This law requires that any person taking migratory waterfowl identify themselves as a migratory bird hunter and submit his or her name, address and date of birth to the licensing authority as well as have evidence on his or her person of compliance with this requirement. The purpose of this section is to specify the requirements for any person taking migratory birds in New Hampshire.

(b) In addition to the licensing requirements of RSA 214 and 209:6, any person taking migratory waterfowl, woodcock or snipe shall have a migratory bird HIP validation number recorded on his/her current hunting license.

(c) Applicants shall call the telephone number provided by the department or go online at www.wildlife.state.nh to complete a HIP survey.

(d) Applicants shall obtain the HIP validation number after completing the HIP survey and shall record it in the space provide on their hunting or combination hunting and fishing licenses.

(e) The applicant shall provide the following information on the HIP survey:

(1) The applicant's complete name;

(2) The complete mailing address;

(3) The applicant's date of birth; and

(4) An indication as to whether the applicant hunted for migratory waterfowl, woodcock, or snipe and how many birds were taken during the previous season.

History

#6578, eff 12-1-97; ss by #7289, eff 6-1-00; ss by #7359, EXEMPT, eff 8-24-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7739, EXEMPT, eff 8-1-02; renumbered by #13376 (formerly Fis 302.072); ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.07 Common Snipe {#sec-fis-302.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.07}

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking common snipe shall open on September 15 and close on November 14 each year.

(b) Taking of common snipe shall be limited to a daily bag of 8, and a possession limit of 24.

History

#1447, eff 10-3-79, paragraphs (b) & (c); amd by #1811, eff 9-17-81; ss by #2131, eff 9-8-82; amd by #2455, eff 8-28-83; ss by #2865, eff 9-27-84; amd by #4119, eff 8-21-86; ss by #4318, eff 9-28-87; ss by #4463, eff 7-29-88; #5870, eff 7-19-94; ss by 6553, eff 7-23-97; ss by #7739, EXEMPT, eff 8-1-02; ss by #7757, EXEMPT, eff 8-22-02; ss by #8943, EXEMPT, eff 7-18-07; ss by #9985, EXEMPT, eff 8-24-11; ss by #10400, EXEMPT, eff 8-21-13; renumbered by #13376 (formerly Fis 302.08); ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.08 American Woodcock {#sec-fis-302.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.08}

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking woodcock shall open on October 1 and close on November 14 each year.

(b) Taking of woodcock shall be limited to a daily bag of 3, and a possession limit of 9.

History

#1444, eff 9-22-79, paragraphs (b) & (c); amd by #1799, eff 8-24-81; ss by #2131, eff 9-8-82; amd by #2455, eff 8-28,83; ss by #2833, eff 8-21-84; amd by #3115, eff 9-16-85; ss by #4119, eff 8-21-86; ss by #4463, eff 7-29-88; #5870, eff 7-19-94; ss by #6553, eff 7-23-97; ss by #7739, EXEMPT, eff 8-1-02; ss by #7757, EXEMPT, eff 8-22-02; ss by #8943, EXEMPT, eff 7-18-07; ss by #9985, EXEMPT, eff 8-24-11; ss by #10400, EXEMPT, eff 8-21-13; renumbered by #13376 (formerly Fis 302.09); ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.09 Brant {#sec-fis-302.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.09}

(a) Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking brant shall be as follows:

(1) The inland zone, as specified in Fis 302.04(b)(3), shall open on October 13 and close on November 11;

(2) The coastal zone, as specified in Fis 302.04(b)(1), shall open on October 6 and close on October 12; reopen on November 26 and close again on December 18; and

(3) The northern zone, as specified in Fis 302.04(b)(2), shall open on October 2 and close on October 31.

(b) The taking of brant shall be limited to a daily bag limit of 1, and a possession limit of 3.

(d) Nontoxic shot, as defined in Fis 302.04(g), shall be required statewide for the taking of brant.

History

#1447, eff 10-3-79; #1821, eff 9-29-81; ss by #2150, eff 10-6-82; ss by #2865, eff 9-27-84; amd by #3115, eff 9-16-85; amd by #4127, eff 9-5-86; amd by #4307, eff 8-28-87; ss by #4490, eff 9-16-88; ss by #4634, eff 6-21-89; ss by #4674, eff 9-19-89; ss by #4929, eff 9-6-90; ss by #5216, eff 8-30-91; ss by #5460,eff 8-31-92; ss by #5696, eff 8-26-93; #5885, eff 8-25-94; #6088, eff 8-29-95; ss by #6331, eff 8-26-96; ss by #6579, EXEMPT, eff 9-16-97; ss by #6850, EXEMPT, eff 8-27-98; ss by #7092, EXEMPT, eff 9-2-99; ss by #7360, EXEMPT, eff 8-25-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7941-A, EXEMPT, eff 8-25-03; ss by #8154, EXEMPT, eff 9-2-04; ss by #8421, EXEMPT, eff 8-18-05; ss by #8734, EXEMPT, eff 9-25-06; ss by #8982, EXEMPT, eff 9-21-07; ss by #9251, EXEMPT, eff 8-29-08; ss by #9540, EXEMPT, eff 9-10-09; ss by #9771, EXEMPT, eff 8-26-10; ss by #9985, EXEMPT, eff 8-24-11; ss by #10174, EXEMPT, eff 8-22-12; ss by #10400, EXEMPT, eff 8-21-13; ss by #10400, EXEMPT, eff 8-21-13; ss by #11072, EXEMPT, eff 4-14-16; ss by #12159,eff 4-14-17; ss by #12514, EXEMPT, eff 4-14-18; ss by #12759, EXEMPT, eff 4-16-19; ss by #13034, eff 4-14-20; ss by #13376, EXEMPT, eff 4-14-12 (formerly Fis 302.10); ss by #13376, eff 4-14-22; ss by #13609, eff 4-15-23; ss by #13925, EXEMPT, eff 4-16-24; ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.10 Rails and Gallinules {#sec-fis-302.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.10}

There shall be no open season for rails or for gallinules.

History

#1670, eff 11-20-80; ss by #2150, eff 10-6-82; ss by #2865, eff 9-27-84; ss by #4858, eff 7-5-90; ss by #6250, eff 5-22-96; ss by #7881, eff 4-26-03, EXPIRED: 4-26-11
#9977, INTERIM, eff 8-20-11, EXPIRES: 2-16-12; ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18; renumbered by #13376 (formerly Fis 302.11); ss by #14238, EXEMPT, eff 4-18-25; ss by #14557, EXEMPT, eff 4-18-26

N.H. Code Admin. R. Ann. Fis 302.11 Pheasant {#sec-fis-302.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.11}

(a) The open season for pheasant shall be October 1 through December 31, however the pheasant season shall be closed until 2:00 pm each Thursday and Friday as specified in Table 300.02 below:

Table 300.02 Days Pheasant Season Closed Until Noon

If the October 1 Opening Day of Season Occurs on a:

On the Following Days the Season is Closed Until 2:00 pm:

Sunday

Thursday and Friday, October 5-6, 12-13, and 19-20

Monday

Thursday and Friday, October 4-5, 11-12, and 18-19

Tuesday

Thursday and Friday, October 3-4, 10-11, and 17-18

Wednesday

Thursday and Friday, October 2-3, 9-10, and 16-17

Thursday

Thursday and Friday, October 8-9, 15-16, and 22-23

Friday

Thursday and Friday, October 7-8, 14-15, and 21-22

Saturday

Thursday and Friday, October 6-7, 13-14, and 20-21

(b) The daily bag limit shall be 2 pheasants, and the season limit shall be 10 pheasants.

History

#4551, eff 12-20-88; ss by #4879, eff 7-23-90; ss by #5210, eff 8-26-91; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00
#7289, eff 6-1-00; ss by #8085, eff 5-26-04; ss by #10037, eff 11-29-11; amd by #10948, EMERGENCY, eff 10-16-15, EXPIRED: 4-13-16; amd by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; renumbered by #13376 (formerly Fis 302.12); ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 302.12 Northern Bobwhite Quail {#sec-fis-302.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.12}

(a) The open season for northern bobwhite quail shall be October 1 through December 31.

(b) The daily bag limit shall be 4.

History

#4551, eff 12-20-88; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00
#7289, eff 6-1-00; ss by #8085, eff 5-26-04; ss by #9163, eff 5-28-08; ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18; renumbered by #13376 (formerly Fis 302.13)

N.H. Code Admin. R. Ann. Fis 302.13 Ruffed Grouse/Partridge (Bonasa umbellus), Chukar Partridge (Alectoris chuka), and Hungarian Partridge (Perdix perdix) {#sec-fis-302.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 302.13}

(a) The open season for ruffed grouse, chukar partridge, and Hungarian partridge shall be October 1 through December 31.

(b) The daily limit shall be 4 ruffed grouse, chukar partridge, and Hungarian partridge.

History

#4551, eff 12-20-88; ss by 5210, eff 8-26-91; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #6250, eff 5-22-96; ss by #6520, eff 5-31-97; ss by #7107, eff 9-25-99; ss by #7289, eff 6-1-00; ss by #8085, eff 5-26-04; ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18; renumbered by #13376 (formerly Fis 302.14)

Part Fis 303 Furbearing Animals

N.H. Code Admin. R. Ann. Fis 303.01 Definitions {#sec-fis-303.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.01}

(a) "Snare" means a device made of wire, synthetic cord, or other material that is in the form of a noose with a slipknot, stop, swivel, or, eyelet holes and is designed or set with the intent of capturing an animal by the neck, leg or body. Snares include but are not limited to pole snare, neck snare and foot snare such as an Aldrich or Novack snare.

(b) “Body gripping trap” means a trap, excluding snares, designed and constructed to hold an animal by the body.

History

#4155, eff 10-31-86; ss by #4858, eff 7-5-90, EXPIRED: 7-5-96
#6292, eff 7-20-96; ss by #8085, eff 5-26-04; ss by #10037, eff 11-29-11; ss by #10619, eff 6-2-14; ss by #12591, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 303.02 Muskrat, Mink, Weasel, Otter, and Beaver {#sec-fis-303.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.02}

(a) The open season for taking muskrat, mink, weasel, otter, and beaver by use of traps shall be:

(1) October 15 through April 10 in wildlife management units A, B, C, D, E, and F; and

(2) November 1 through April 10 in wildlife management units G, H, I, J, K, L, and M.

(b) The open season for taking muskrat, mink, and weasel by use of firearms or bow and arrow shall be:

(1) October 15 through April 10 in wildlife management units A, B, C, D, E, and F; and

(2) November 1 through April 10 in wildlife management units G, H, I, J, K, L, and M.

History

#1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5210, eff 8-26-91; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #7881, eff 4-26-03; ss by #8644, eff 6-1-06; ss and moved by #9163, eff 5-28-08 (formerly Fis 303.011); ss by #9720-A, eff 6-5-10; ss by #10142, eff 6-5-12; ss by #13408, eff 7-26-22

N.H. Code Admin. R. Ann. Fis 303.03 Fox, Red and Gray, Raccoon, Opossum, and Skunk {#sec-fis-303.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.03}

(a) The season for taking red and gray fox, raccoon, opossum, and skunk by use of traps shall:

(1) Open in WMUs A, B, C, D, E, and F on October 15 and close on December 31; and

(2) Open in WMUs G, H, I, J, K, L, and M on November 1 and close on January 15.

(b) The season for taking raccoon, red and gray fox, opossum, and skunk by use of firearms or bow and arrow shall open on September 1 and close on March 31.

(c) In addition to the provisions of Fis 303.03 (b), raccoons may be taken at night during the open season in accordance with the provisions of RSA 210:2.

History

#1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5210, eff 8-26-91; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #7881, eff 4-26-03; ss by #8085, eff 5-26-04; ss by #8644, eff 6-1-06; ss by #9163, eff 5-28-08; ss by #9720-A, eff 6-5-10; amd by #9880-A, eff 3-1-11; ss by #10142, eff 6-5-12; ss by #13408, eff 7-26-22

N.H. Code Admin. R. Ann. Fis 303.04 Fisher {#sec-fis-303.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.04}

(a) The open season for taking fisher by traps shall be December 1 through December 31.

(b) The open season for taking fisher by firearms or bow and arrow shall be December 1 through January 31.

(d) The lower jaw of a fisher harvested by any legal means shall be provided to fish and game personnel at the time of sealing in accordance with Fis 303.11.

History

#1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5210, eff 8-26-91; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #7881, eff 4-26-03; ss by #8644, eff 6-1-06; ss by #8764, eff 11-23-06; ss and moved by #9163, eff 5-28-08 (formerly Fis 303.05); ss by #10619, eff 6-2-14; amd by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21

N.H. Code Admin. R. Ann. Fis 303.05 Bobcat {#sec-fis-303.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.05}

There shall be no open season for the taking of bobcat.

History

#1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5210, eff 8-26-91; ss by #5661, eff 6-28-93; ss by #5829, eff 5-24-94;ss by #6042, eff 5-18-95; ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; ss by #7289, eff 6-1-00; ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8357, eff 5-25-05; ss by #8644, eff 6-1-06; ss by #8764, eff 11-23-06; ss and moved by #9163, eff 5-28-08 (formerly Fis 303.06); ss by #10619, eff 6-2-14; ss by #13970, eff 6-1-24

N.H. Code Admin. R. Ann. Fis 303.06 Coyote {#sec-fis-303.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.06}

(a) Coyote may be taken by use of firearm, crossbow, or bow and arrow year round ½ hour before sunrise to ½ hour after sunset.

(b) Coyote may be taken by hunting at night in accordance with RSA 208:1-e and as follows:

(1) The open season shall be from January 1 through March 31;

(2) Artificial lights, except lights from a motor vehicle or OHRV or snowmobile, may be used to illuminate coyotes;

(3) Electronic calling devices may be used;

(4) No person shall bait coyote on ice-covered public waters; and

(5) In towns restricted to weapon types pursuant to RSA 208:3, 208:3-b, and 208:3-c, only pistols permitted under RSA 208:3-d, .17 and .22 caliber rimfire rifles, shotguns, muzzleloading rifles, crossbow, or bow and arrow shall be permitted for the taking of coyote at night.

(c) Any person hunting coyote at night shall obtain a written landowner permit described in Fis 1102.11 for the property on which he or she takes or attempts to take coyote or when hunting coyote over bait, a permit described in Fis 1102.04 or Fis 307.05.

(d) The open season for taking coyotes by traps shall be:

(1) October 15 through March 31 in WMUs A, B, C, D, E and F; and

(2) November 1 through March 31 in WMUs G, H, I, J, K, L and M.

(e) Hunting for coyote over bait shall be in accordance with Fis 307.01.

History

#1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00
#7289, eff 6-1-00; ss by #8644, eff 6-1-06; ss and moved by #9163, eff 5-28-08 (formerly Fis 303.09); ss by #9720-A, eff 6-5-10; amd by #9880-A, eff 3-1-11; amd by #10619, eff 6-2-14; ss by #13211, eff 5-26-21

N.H. Code Admin. R. Ann. Fis 303.07 American Marten or Canada Lynx {#sec-fis-303.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.07}

(a) There shall be no open season for taking American marten.

(b) There shall be no open season for taking Canada lynx as it is listed as an endangered species in Fis 1001.01.

(c) Any American marten or Canada lynx trapped shall be reported immediately by contacting the fish and game department at 603-271-3361 on business days during the hours of 8:00 AM to 4:30 PM, or if the fish and game department is closed, by contacting the nearest conservation officer.

History

#1619, eff 8-8-80; amd by #1788, eff 7-29-81; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by 4857, eff 7-3-90; ss by #5210, eff 8-26-91; amd by #5661, eff 6-28-93; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #7881, eff 4-26-03; rpld by #8644, eff 6-1-06
#9163, eff 5-28-08 (formerly Fis 303.091); ss by #10347, eff 5-22-12; ss by #12161, eff 4-18-17

N.H. Code Admin. R. Ann. Fis 303.08 Annual Trapper's Report {#sec-fis-303.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.08}

(a) All persons licensed to trap furbearing animals shall provide an annual trapping report form to the department on or before April 30 of each year.

(b) Any person licensed to trap furbearing animals shall complete the “Annual Trappers Report” form, Rev 12/23, available at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/trapper-report.pdf.

(d) Any licensee failing to report shall be refused a license until the complete information has been filed.

History

#1619, eff 8-8-80; ss by #2124, eff 8-17-82; ss by #2864, eff 9-27-84; ss by #4120, eff 8-21-86; ss by #4858, eff 7-5-90; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00
#7289, eff 6-1-00; rpld by #8644, eff 6-1-06
#9163, eff 5-28-08 (formerly Fis 303.10); ss by #10619, eff 6-2-14; ss by #13970, eff 6-1-24

N.H. Code Admin. R. Ann. Fis 303.09 Fur Dealers Records {#sec-fis-303.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.09}

(a) All persons licensed to buy furs and hides under RSA 214:26, shall keep a record of all furs and hides bought on form F&G 152, “Fur Dealer's Record Book (Furs Purchased)”, which shall be sent to the department on or before July 30 of each year.

(b) The licensee shall include the following on the “Fur Dealer's Record Book (Furs Purchased)” form:

(1) Licensee's name, license number, and signature;

(2) The period covered by the record and date the report is mailed to the department;

(3) The following information for all transactions completed:

a. The date of the transaction;

b. The name, address, and license number of the person from whom the purchase was made;

c. The number and species of fur or hides bought;

d. The price paid; and

e. All seal numbers recorded.

(d) No furs or hides shall be bought unless the owner of the furs or hides is present, or the seller has the owner's name, address, license number, and the number and species to be sold.

(e) All licensees shall carry on their persons a form F&G 152, the “Fur Dealers Record Book (Furs Purchased)”, at all times when buying the skins of furbearing animals.

(f) All persons licensed to buy furs and hides under RSA 214:26, shall keep a record of all furs and hides sold on form F&G 152-A, “Fur Dealer's Record Book (Furs Sold)”, which shall be sent to the department on or before July 30 of each year.

(g) The licensee shall include the following information on the “Fur Dealer's Record Book (Furs Sold)” form:

(1) Licensee's name, license number, and signature;

(2) The period covered by the record and the date the report is mailed to the department; and

(3) The following information for all transactions completed:

a. The date of the transaction;

b. The number and species sold; and

c. The name, address, and license number to whom the furs or hides were sold.

History

#444, eff 6-17-74; amd by #2124, eff 8-17-82; ss by #2832, eff 8-21-84; ss by #4617, eff 5-25-89, EXPIRED: 5-25-95
#6292, eff 7-20-96; ss by #8085, eff 5-26-04 (renumbered by #9163, formerly Fis 303.12); ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 303.10 Taking Beaver and Otter by Snares {#sec-fis-303.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.10}

(a) In addition to any other requirements pertaining to trapping beaver and otter, the following rules shall apply to the taking of beaver and otter by snares:

(1) Snares shall only be set in water or under the ice;

(2) Each individual snare, whether set singularly or in the aggregate, shall be affixed with a durable tag denoting the name of the licensed trapper who sets, arranges, or tends the snare;

(3) All wildlife species other than beaver and otter taken alive shall be released at the snare site. If dead, the animal shall be turned over to the fish and game department within 72 hours; and

(4) Trappers shall be able to account for all snares out at any time.

History

#4155, eff 10-31-86; ss by #4858, eff 7-5-90, EXPIRED: 7-5-96
#6292, eff 7-20-96; ss by #8085, eff 5-26-04 (renumbered by #9163, formerly Fis 303.13); ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 303.11 Sealing of Furbearing Animals {#sec-fis-303.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.11}

(a) All furbearing animals, except otter and fisher, shall be exempt from the sealing requirements of RSA 210:8, I.

(b) Upon sealing any otter or fisher in accordance with RSA 210:8, the trapper or hunter shall complete and submit the “Fur Sealing Record” form, Rev 07/25, to a conservation officer or the wildlife division at:

NH Fish and Game Department

Wildlife Division

11 Hazen Drive

Concord, NH 03301

(1) Name and address;

(2) Date of birth;

(3) Date form was filled out;

(4) Telephone number;

(5) The following for each animal taken:

a. Town and WMU;

b. Species sealed;

c. Sex;

d. Method of take;

e. Date of take;

f. Seal number;

g. License number; and

h. Indication if fisher was registered online, for any fisher taken by hunting; and

(6) Signature subject to the penalties for making unsworn false statements under RSA 641:3.

(d) The lower jaw of a fisher harvested by any legal means shall be provided to fish and game personnel at the time of sealing.

History

#5777, INTERIM, eff 1-28-94, EXPIRES: 5-28-94; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00
#7289, eff 6-1-00 (renumbered by #9163, formerly Fis 303.15), EXPIRED: 6-1-08
#9332, INTERIM, eff 11-27-08; ss by #9405, eff 3-7-09; amd by #9720-A, eff 6-5-10, (para (a)); amd by #9720-B, eff 6-5-10, (para (b)); ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 303.12 Restrictions on Certain Traps {#sec-fis-303.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.12}

(a) No foothold trap with auxiliary teeth added shall be allowed.

(b) No foothold traps shall be set on land with an inside jaw spread greater than 6½ inches, measured between the inside edges of the opened jaws, across the trap trigger, and perpendicular to the trap base plate.

(c) Body gripping traps with an inside jaw spread greater than or equal to 6½ inches, measured inside the jaws perpendicular to the trap’s pivoting joints, shall only be set:

(1) Five feet or more above the ground or surface of the snow unless there was a snowstorm during the previous 24 hours; or

(2) In water, for beaver or otter.

(d) Deadfalls, a device constructed of any material(s) utilizing material weight as the holding or killing method, shall be prohibited.

(e) Notwithstanding the provisions of Fis 308, no person shall set a snare on land.

f) When set, all traps shall be securely attached to the ground, to a fixed object, to a drag, or to a slide wire.

(g) Traps shall not be set within 50 feet of exposed bait, as defined in paragraph (h) below, but may be set any distance from a covered bait, as defined in paragraph (i) below.

(h) “Exposed bait” means bait that is the body of any animal, including fish, or parts thereof including meat, organs, viscera, bones, or any other parts of an animal, that is visible from above, but does not include meat, organs, viscera, or bones totaling 4 ounces or less, or skin, hair, or feathers 25 square inches or less, droppings, urine, or living or dead animals held in a trap as the result of lawful trapping activity.

(i) “Covered bait” means bait that is the body of any animal, including fish, or parts thereof including meat, organs, viscera, bones, or any other parts that are covered so as to not be visible from above, where cover includes, but is not limited to, brush, branches, leaves, soil, or snow and is constructed in a manner to withstand wind and normal environmental conditions. “Covered bait” includes baits less than one-half pound when placed in a dirt hole 6 inches in diameter or less at a depth of 6 inches or greater, and baits of less than 5 pounds placed on pole sets 5 or more feet above ground are also considered covered bait.

(j) The following restrictions on traps shall apply while trapping in WMU’s A, B, C1, C2, D1, D2East, E, and F:

(1) All foothold traps set on land must have one swivel in the chain or cable and one swivel connection to the trap;

(2) Body gripping traps with an inside jaw spread of 4 inches or greater and less than or equal to 5 inches, measured inside the jaws perpendicular to the trap’s pivoting joints, which are set on the ground, shall only be set as follows:

a. Set in the water at all times, unless there was a water level change that occurred during the previous 24 hours;

b. Set under overhanging stream banks; and

c. Set as a blind set with no bait or attractant;

(3) Body gripping traps, measured inside the jaws perpendicular to the trap’s pivoting joints, with an inside jaw spread 4 inches or greater which are set off the ground, shall only be set as follows:

a. Five feet or more above the ground or surface of the snow, unless there was a snowstorm during the previous 24 hours;

b. Affixed to a leaning section of a pole or tree, no greater than 4 inches in diameter, that is free of branches and angled 45 degrees or greater in its entirety;

c. Excluding branch removal, the pole or tree shall not have planed or altered sides;

d. The area within 4 feet of the trap shall be free of trees, poles, or other objects greater than 4 inches in diameter;

e. The areas within 4 feet of the trap shall be free of trees or poles that are angled less than 45 degrees to the ground at any point between the ground elevation and the elevation of the trap; and

f. The area within 4 feet of the trap shall be free of banks, bluffs, rocks, or immediate rise in ground elevation; and

(4) Body gripping traps with an inside jaw spread greater than 5 inches and less than 6½ inches, measured inside the jaws perpendicular to the trap’s pivoting joints, which are set on the ground, shall only be set:

a. Recessed in the den entry of nuisance wildlife with the den entry covered by wire mesh with openings that do not exceed 1½ inches side-to-side and wire gauge shall be 16 gauge or less or wire diameter 0.05 inches or greater;

b. If placed in a lynx exclusion device, as follows:

The trap jaws shall be completely within the device, but the trap springs may be outside of the device;
The lynx exclusion device shall not have an opening greater than 6 inches by 8 inches;
The opening shall not be directly in front of the trap but shall be either on the top or side of the device;
The trap set within the device shall be a minimum of 18 inches from the closest edge of the opening to the trap;
The back of the device shall be secured to withstand heavy pulling;
If using wire mesh with a wood box, the wire mesh shall wrap around 2 opposite sides of the box and be secured;
There shall be at least 2 attachment points for each side of the device where there is a joint or where panels come together;
The exclusion device shall be constructed of wood or wire mesh that does not exceed 1½ inch openings from side to side;
The wire gauge shall be 16 gauge or less or a wire diameter of 0.05 inches or greater;
The opening slot in the device that allows the trap springs to extend outside the device shall be no more than 7½ inches wide and a height of no more than 1½ inches; and
The trap shall be anchored outside of the device.

History

#8105, INTERIM, eff 7-1-04, EXPIRED: 12-28-04
#8250, eff 1-6-05; (renumbered by #9163, formerly Fis 303.16); ss by #10142, eff 6-5-12; ss by #10347, eff 5-22-13; ss by #10619, eff 6-2-14; ss by #13970, eff 6-1-24

N.H. Code Admin. R. Ann. Fis 303.13 Award of Trapping Permits for State Managed Lands {#sec-fis-303.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.13}

(a) Trapping rights on state managed lands shall be awarded for a 2 year period.

(b) State managed lands shall be divided into trapping units.

(c) The boundaries of each such trapping unit on state managed lands shall be outlined on maps maintained by the wildlife division, which shall be open to public inspection during regular business hours at fish and game headquarters in Concord and on the department’s web site at www.wildlife.nh.gov.

(d) Trapping rights on state managed lands shall be awarded to properly licensed trappers as follows:

(1) Applicants for award of such trapping rights shall make application to the wildlife division, on the “Application for Trapping Permit on State Managed Lands” form, Rev 7/25, available at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/trapping-state-lands-app.pdf; and

(2) Applications shall be received by the department headquarters no later than 4:00 pm on or before the third Monday of August or be postmarked on or before the last Friday in July.

(e) Trapping rights shall be awarded on the first Friday after the deadline by computer selection of random numbers.

(f) Based on the order of computer selection, applicants shall be assigned a trapping unit as follows:

(1) Applicants shall be awarded trapping rights for the highest priority trapping unit indicated on their application that has not been awarded;

(2) Assignment of trapping units shall continue, with each applicant being awarded trapping rights for the first trapping unit the applicant listed on the application which has not been previously awarded; and

(3) If trapping units are still available after all applications have been randomly selected utilizing each applicant’s first choice, the procedure shall be repeated again using the second trapping unit the applicant indicated on the application and shall continue until all applicant choices have been awarded or until all trapping units have been assigned.

(g) Permits awarded during the lottery process shall become effective on October 1st of the year awarded and shall be valid for the 2-year drawing period.

(h) Permits shall be mailed to successful applicants, who hold a valid trapping license, prior to the opening of that year's trapping season.

(i) Units not awarded during the drawing shall be issued after the drawing on a first-come first-served basis at department headquarters, and these permits shall be valid for the remainder of the 2-year period.

(j) No more than one individual shall be awarded the trapping rights for any one trapping unit.

(k) Permittees shall eliminate nuisance beaver within any state managed trapping unit when such nuisance beaver has been identified by the department in their assigned unit(s).

(l) Permittees shall initiate actions to eliminate the nuisance beaver within 7 days of being notified by the department that their trapping unit has developed a nuisance beaver or return their permit for that area to the department within 7 days.

(m) Upon notification, the executive director shall remove the trapping unit(s) on state managed land that have been issued to a permittee when the executive director finds that the permittee has failed to comply with the provisions of paragraphs (k) and (l) above.

(n) Any permittee who has not purchased a trapping license by October 10 of the second year the permit is effective or whose trapping license has been suspended or revoked for any reason shall forfeit all permits to trap state managed lands.

(o) No permittee shall sell a permit for trapping on state managed lands.

(p) A permittee may surrender a property(ies) listed on their permit in writing to the department. These properties shall be made available and reissued as specified in paragraph (i) above.

(q) Permits shall be non-transferable.

(r) Permittees may have up to 2 helpers, who shall only trap within the permittee’s trapping unit, under the following conditions:

(1) A helper shall be a licensed trapper in New Hampshire;

(2) Permits to trap on state managed lands shall be valid so long as there is no subsequent conviction for a trapping violation by the permittee or one of the helpers;

(3) The helper(s) shall be listed on the permittee’s permit; and

(4) If a permittee wishes to add or remove a helper after a permit has been issued, the permittee shall return the permit to the department indicating the change, and the department shall then issue a new permit.

History

#8764, eff 11-23-06 (renumbered by #9163, formerly Fis 303.17); ss by #10619, eff 6-2-14; ss by #13970, eff 6-1-24; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 303.14 Furbearer Registration {#sec-fis-303.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 303.14}

(a) A hunter shall register any furbearing animal taken within 24 hours of taking by completing all required fields in an online registration report using the link available at www.wildlife.nh.gov. An

electronic confirmation that the report was completed and accepted by the department shall be sent to the

hunter who submitted the registration.

(b) Each hunter who registers a furbearing animal shall maintain proof of completion of the registration process by having the confirmation number of each harvested animal written on or kept with their hunting license.

(d) The hunter shall retain the carcass of any furbearer taken by hunting for 48 hours.

(e) If requested, the carcass of the furbearer shall be exhibited to a conservation officer or wildlife biologist.

History

#14308, eff 7-10-25, EXPIRES: 7-10-35

Part Fis 304 Wildlife Damage

N.H. Code Admin. R. Ann. Fis 304.01 Definitions {#sec-fis-304.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.01}

(a) “Agent” means the person(s) authorized to take wildlife on behalf of the commercial grower or public airport under the pre-damage deer kill permit or the wildlife depredation permit.

(b) “Agricultural product” means:

(1) Livestock, which shall include, but not be limited to, all beef or dairy cattle, steer, oxen, goats, sheep, swine, horses, mules, or other equidae, as well as domesticated strains of buffalo, bison, llamas, alpacas, emus, ostriches, rabbits, yaks, or other fur-bearing animals;

(2) Poultry or the production of eggs; and

(3) Bees or the production of honey.

(c) “Claimant” means a person or legal entity whose documented gross sales in money to another person or entity of any agricultural product or commercial crop, or combination thereof, are at least $1,000 in a calendar year.

(d) “Commercial crop” means any agricultural or horticultural crop(s) planted, cultivated, and produced by a commercial grower.

(e) “Commercial grower” means commercial grower as defined in RSA 207:22-c, II(g), namely “any person who grows an agricultural or horticultural crop from which the person has derived, or reasonably expects to derive, an annual gross income from the sale of crops normally produced of at least $2500.

(f) “Nonqualifying product” means any product that is not a qualifying product, including but not limited to projected future qualifying products, unbaled grasses or alfalfa, compost, mulching products, or cover crops.

(g) “Public airport” means an airport that is registered with the state of New Hampshire as a public use airport.

(h) “Qualifying product” means:

(1) Any agricultural product as defined in paragraph (b) above; or

(2) Any commercial crop including, but not limited to, nursery stock grown as part of a commercial operation, plant materials processed and wrapped in airtight plastic wrapping, or berries, herbs, fruit, vegetables, tree fruit, grapes, corn, small grains, soybeans, or flowers grown by a claimant.

(i) “Wholesale value” means:

(1) For any agricultural product shown in weekly market survey data available from the New Hampshire department of agriculture, the median auctioned value of the product at the time of the loss;

(2) For any agricultural product not shown in such weekly market survey data, a value determined by examining all available evidence of the actual condition of the product, its stage of growth or readiness for market, costs to replace the product, or other factors identified by the claimant in an effort to derive a fair market value for the loss; or

(3) For fruit trees, a replacement value determined by current nursery stock.

History

#1670, eff 11-20-80; ss by #2832, eff 8-21-84; ss by #4858, eff 7-6-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96
#7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
#7290, eff 5-24-00; amd by #7881, eff 4-26-03; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09
#9405, eff 3-7-09; ss by #11114, eff 6-3-16; ss by #13441, eff 8-29-22

N.H. Code Admin. R. Ann. Fis 304.02 General Requirements {#sec-fis-304.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.02}

(a) A commercial grower whose land is open to public hunting as described in RSA 207:22-a, may make application for a pre-damage deer kill permit or a wildlife depredation permit for use in the protection of commercial crops, to the NH fish and game department.

(b) A commercial grower’s land may be closed to hunting while the commercial grower, employees of the commercial grower or the general public are actively managing or harvesting crops.

(c) The executive director shall request financial records if necessary to verify the commercial status of pre-damage deer kill permit and wildlife depredation permit applicants.

(d) Agents taking deer under the authority of a pre-damage deer kill permit or wildlife depredation permit shall not have been convicted of a fish and game hunting violation within the past 5 years in any state in the United States or Canadian province.

(e) Only persons currently licensed to hunt in New Hampshire shall be used as agents under pre-damage deer kill permits or the wildlife depredation permits except that airports may use designated airfield safety personnel that are not licensed to hunt.

(f) The taking of wildlife under a pre-damage deer kill permit or a wildlife depredation permit shall be as follows:

(1) Only with rifles of a caliber greater than .22 caliber rimfire, shotguns loaded with a single ball or loose buckshot;

(2) Only with bows with 40 lbs. pull or greater for deer or bear and 50 lbs. pull or greater for moose; and

(3) Fixed blade broadheads not less than 7/8 of an inch or more than 1 ½ inches wide, or retractable broadheads not less than 7/8 of an inch wide when open shall be used;

(4) In towns restricted to weapon types pursuant to RSA 208:3, 208:3-a, 208:3-b, and 208:3-c, only shotguns loaded with a single ball, muzzle-loading rifle, or bow and arrow shall be permitted, except that loose #00 or larger buckshot may be used in the towns listed in 208:3; and

(5) Wildlife shall be taken during dates and times specified on the permit.

(g) The commercial grower and/or agent shall not sell wildlife or otherwise receive personal or monetary gain from the taking of wildlife under this section.

History

#3176, eff 1-20-86; ss by #4858, eff 7-5-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96
#6434, eff 1-22-97; ss by #7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
#7290, eff 5-24-00; amd by #7881, eff 4-26-03; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09
#9405, eff 3-7-09; ss by #11114, eff 6-3-16

N.H. Code Admin. R. Ann. Fis 304.03 Pre-Damage Deer Kill Permits {#sec-fis-304.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.03}

(a) A commercial grower may request up to 2 pre-damage deer kill permits from the executive director.

(b) Applications for pre-damage deer kill permits using the form specified in Fis 304.05 shall be submitted by email, regular mail, fax, or hand delivery to the New Hampshire Fish and Game Department, Animal Damage Control, Wildlife Division, 11 Hazen Drive, Concord, New Hampshire 03301.

(d) Deer shall be taken within the planted area of the crop being protected.

(e) A person, upon killing a deer under a pre-damage deer kill permit, shall immediately fill out, sign, and attach the pre-damage deer kill tag to the deer carcass. Once tagged, the carcass may be legally transported.

(f) A person, upon killing a deer under a pre-damage deer kill permit, shall immediately sign and complete the pre-damage deer kill report card using the form specified in Fis 304.05.

(g) Within 24 hours of a kill, the commercial grower shall mail a completed pre-damage deer kill report card to the:

New Hampshire Fish and Game Department

Animal Damage Control, Law Enforcement Division

11 Hazen Drive, Concord, NH 03301

(h) The dates seasonally and the times daily when deer may be taken under this permit shall be determined by the executive director based on the type of crop being damaged and safety considerations associated with shooting at night.

(i) All deer taken under this permit shall become the property of the commercial grower to be utilized or given away at their discretion, except that antlers with more than 4 total points, taken from deer between August 1 and March 31, must be turned over to the department within 10 business days.

(j) Upon receipt of an application, pre-damage deer kill permits shall be issued to commercial growers within 5 working days.

(k) A person, upon killing a deer under a pre-damage deer kill permit, shall notify the fish and game department by calling fish and game headquarters at 603-271-2461 between 8:00 AM and 4:30 PM no later than the first business day immediately following the date of kill and provide his or her name, the time and town of the kill, and the name of the pre-damage permit holder.

(l) A person attempting to take a deer under a pre-damage deer kill permit shall have on their person a copy of the permit letter sent to the commercial grower on whose land they are attempting to kill a deer.

History

#7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
#7290, eff 5-24-00, EXPIRED: 5-24-08
#9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09
#9405, eff 3-7-09; ss by #10347, eff 5-22-13; ss by #11114, eff 6-3-16; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 304.04 Wildlife Depredation Permits {#sec-fis-304.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.04}

(a) In accordance with RSA 207:26, a commercial grower whose crops are being damaged by wildlife may submit an “Application for a Wildlife Depredation Permit”, using the form specified in Fis 304.05, to the executive director.

(b) Applications for wildlife depredation permits shall be submitted by email, regular mail, fax, or hand delivery to the:

New Hampshire Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, New Hampshire 03301

(c) Commercial growers with a history of wildlife damage may apply for, receive, and employ wildlife depredation permits prior to actual and substantial damage, as specified on their permit. “History of wildlife damage” means that previous wildlife depredation permits have been issued.

(d) The granting of the wildlife depredation permit shall be contingent upon a site review by the fish and game department animal damage control specialist, if necessary to confirm actual and substantial damage. “Substantial damage” means damage to at least 10 percent of crops.

(e) Depredation permits shall not be issued if the fish and game department will supply non-lethal methods such as repellents, pyrotechnics, and fencing that will prevent damage.

(f) The species, number, and sex of wildlife taken under this permit shall be determined by the executive director based on the cause, extent, and type of damage.

(g) The dates seasonally and the times daily when wildlife may be taken under this permit shall be determined by the executive director based on the type of crop being damaged and safety considerations associated with shooting at night.

(h) The commercial grower shall sign the “Wildlife Depredation Tag” and the “Wildlife Depredation Report Card” upon issuance to the agent, and the agent shall sign the tag and report card immediately upon taking wildlife.

(i) Wildlife shall only be taken in the actual area where damage is occurring and within 100 feet outside that area.

(j) A person, upon killing wildlife under a wildlife depredation permit, shall immediately fill out, sign, and attach the wildlife depredation tag to the carcass. Once tagged, the carcass may be legally transported.

(k) A person, upon killing wildlife under a wildlife depredation permit, shall immediately sign and complete the wildlife depredation report card using the form specified in Fis 304.05.

(l) Within 24 hours of a kill, the commercial grower shall mail a completed wildlife depredation report card to the:

New Hampshire Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, NH 03301

(m) A person, upon killing an animal under a depredation kill permit, shall call fish and game wildlife division at 603-271-2461 between 8:00 AM and 4:30 PM no later than the first business day immediately following the date of kill and provide their name, the time and town of the kill, and the name of the depredation permit holder.

(n) A person attempting to take an animal under a depredation permit shall have on their person a copy of the permit letter sent to the commercial grower on whose land they are attempting to kill an animal.

(o) Deer, bear, or turkey taken under wildlife depredation permits shall become property of the commercial grower, to be utilized or given away at their discretion, except that antlers with more than 4 total points, taken from deer between August 1 and March 31, must be turned over to the department within 10 business days.

(p) Wildlife, other than deer, bear, or turkey, shall be disposed of, if inedible, or given to a person in need of food assistance or to a charitable institution, such as a food bank.

(q) Within 14 days of the expiration date listed on the permit, the commercial grower shall mail all unused wildlife depredation tags and reports to the:

NH Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, NH 03301

History

#7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
#7290, eff 5-24-00, EXPIRED: 5-24-08
#9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09
#9405, eff 3-7-09; ss by #10347, eff 5-22-13; ss by #11114, eff 6-3-16; ss by #13211, eff 5-26-21; ss by #13655, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 304.05 Forms {#sec-fis-304.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.05}

(a) The commercial grower shall provide the following on the pre-damage deer kill permit application:

(1) The commercial growers’ name, mailing address, and daytime telephone number;

(2) The crop(s) subject to damage;

(3) An indication that the applicant meets the statutory requirements relative to a commercial grower and land posting, pursuant to RSA 21:34-a;

(4) The specific location of crops listed, to include a detailed description, sitemap, and street address;

(5) The calendar months in which crops are subject to damage by deer; and

(6) The signature of the commercial grower and landowner, if different than commercial grower

(b) The pre-damage deer kill report shall include:

(1) The commercial grower’s name;

(2) The following, relative to the agent:

a. The agent’s name and street address;

b. The agent’s current NH hunting license number; and

c. The agent’s date of birth;

(3) The crop which is being protected;

(4) Date of kill;

(5) Sex of deer;

(6) Antler length;

(7) Total number of antler points;

(8) Town and wildlife management unit of kill; and

(9) Signatures of permittee and agent.

(d) The commercial grower shall provide the following on the wildlife depredation permit application:

(1) The commercial grower’s name, mailing address, and daytime telephone number;

(2) The crop(s) subject to damage;

(3) The species of wildlife causing damage;

(4) An indication that the applicant meets the statutory requirements relative to a commercial grower and land posting, pursuant to RSA 21:34-a;

(5) Information about previous damage by wildlife;

(6) An indication of what preventative measures and methods have been used in the past, if any;

(7) The specific location of crops listed, to include a detailed description, sitemap, and street address;

(8) The calendar months in which crops are subject to damage by wildlife;

(9) An indication as to whether or not the property is open to public hunting access; and

(10) The signature of the commercial grower and landowner, if different than commercial grower.

(e) The wildlife depredation report card shall include:

(1) The commercial grower’s name;

(2) The following, relative to the agent:

a. The agent’s name and street address;

b. The agent’s current NH hunting license number; and

c. The agent’s date of birth;

(3) The crop which is being damaged;

(4) Date of kill;

(5) Species and sex of wildlife;

(6) Antler length, for deer;

(7) Total number of antler points, for deer

(8) Town and wildlife management unit of kill; and

(9) Signatures of permittee and agent.

(f) The pre-damage deer kill tag shall include the same information specified in paragraph (e) above.

(g) The airport personnel shall provide the following information as an end of year annual report:

(1) Name of airport;

(2) Calendar year of report;

(3) Name of person providing the information;

(4) The date wildlife was taken; and

(5) The species, number, and sex of wildlife taken.

History

#7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00
#7290, eff 5-24-00; amd by #7881, eff 4-26-03; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09
#9405, eff 3-7-09; ss by #11114, eff 6-3-16; ss by #13655, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 304.06 Cooperative Fencing Program {#sec-fis-304.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.06}

RESERVED

History

#7291, eff 5-24-00; amd by #8576, eff 3-2-06; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09
#9405, eff 3-7-09; para (o), amd by #9720-A, eff 6-5-10; para (q), amd by #9720-B, eff 6-5-10; rpld by #11114, eff 6-3-16

N.H. Code Admin. R. Ann. Fis 304.07 Wildlife Control at Public Use Airports {#sec-fis-304.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.07}

(a) Agents involved in wildlife control at a public use airport shall be designated by the current airport administrator.

(b) The current airport administrator or his or her agent may request the executive director to grant permission to take wildlife by documenting the presence of such wildlife on airport grounds, and how such wildlife constitutes a threat to human safety and aircraft operations.

(c) The species and number of animals allowed to be taken shall be determined by the executive director or his staff based upon a review of the evidence submitted to support the threat to human safety and aircraft operations posed by the presence of the wildlife on airport grounds.

(d) Animals taken under this permit shall be reported to the local fish and game conservation officer within 24 hours by calling 271-3361 between the hours of 8 am and 4:30 pm, and as specified in Fis 304.05(g).

(e) Wildlife shall be allocated as provided in RSA 207:29.

History

#7881, eff 4-26-03; ss by #9405, eff 3-7-09; ss by #11114, eff 6-3-16

N.H. Code Admin. R. Ann. Fis 304.08 Claim for Damage by Bears {#sec-fis-304.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.08}

(a) Pursuant to RSA 207:23-a, a claimant, as defined in Fis 304.01(c), shall notify the wildlife division chief in writing of any claim for damage by bear within 30 days of the discovery of such damage at:

NH Fish and Game Department

Wildlife Division

Claim for Bear Damage

11 Hazen Drive

Concord, NH 03301

(b) The claimant shall provide the following information to the wildlife division regarding the claim:

(1) The claimant’s name, address, telephone number, and email contact information, if available;

(2) The physical location where the bear allegedly damaged the qualifying products;

(3) Documentation to show that the claimant was engaged in the husbandry and sale of qualifying products of at least $1,000 in retail value at the time of the claimed loss, such as:

a. Sales receipts;

b. Tax documents;

c. Invoices; or

d. Other documentation that provides proof of the claimant’s gross annual sales of at least

$1,000 of the qualifying product(s);

(4) Documentation of the actual damage to qualifying products in the form of photographs, or digital photographs, of the affected products;

(5) Documentation that the damage was caused by bear, in the form of photographs, or digital photographs, of tracks, claw marks, scat, hair, or other evidence of the manner and extent of the damage;

(6) The date of the claimed loss;

(7) The value of the claimed loss of at least $250.00, calculated at wholesale value. In the event no market data is available to substantiate a wholesale value, the burden shall be upon the claimant to establish a reasonable value of the lost product, pursuant to Fis 304.01(i)(2);

(8) Certification that the location of the damage is not posted to prohibit hunting, except as permitted by RSA 207:22-a; and

(9) The signature of the owner of the qualifying products damaged or lost, which signature shall constitute a certification that all of the facts contained in the claim are true and accurate to the best information and belief of the claimant and subject to RSA 641:3.

(1) Notify the claimant in writing that the claim is complete and is being investigated; or

(2) Notify the claimant in writing that the claim is incomplete and list the information that shall be provided before the claim process continues.

(d) No claim shall be processed to a decision until all required information has been provided to the department.

(e) Within 60 days of receipt of a complete claim, unless extended by written agreement with the claimant, the wildlife division chief shall issue a written decision granting the claim in full, granting the claim in part, or denying the claim.

(f) For any claim approved in whole or in part, the wildlife division chief shall also provide in the written decision a description of abatement measures the claimant may use to mitigate future damage, which the department shall use to determine whether claims in future years shall be allowed for payment, such as, but not limited to:

(1) Properly installed electric fencing with the required number of strands of conductor and voltage or other exclusionary measures to prevent the animal(s) from gaining access to the qualifying products;

(2) Noisemakers or other items used to scare the animal(s) away from the area of the qualifying products;

(3) Removal of food sources or other attractants to prevent the animal(s) from being attracted to the area of the qualifying products;

(4) Use of trained bear hounds to haze bears away from the area of the qualifying products;

(5) Use of a properly licensed hunter, during the open bear hunting season, to remove bear from the area of the qualifying products; or

(6) Other measures that take into account the economic impact to the claimant.

(g) The written decision shall include notice to the claimant of the right to appeal the decision in accordance with Fis 304.10 and Fis 200.

History

#13441, eff 8-29-22

N.H. Code Admin. R. Ann. Fis 304.09 Criteria for Decision {#sec-fis-304.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.09}

(a) A claimant making an initial claim for damage shall show by a preponderance of the evidence:

(1) Gross sales in money of any qualifying product(s) of at least $1,000 in a calendar year;

(2) Documentation of when the damage occurred, which qualifying product(s) is affected, and what losses are attributed to activity by a bear; and

(3) The claimed wholesale value of items lost by activity of a bear.

(b) Any claim shall be only for the actual damage sustained and shall not include the costs of preparation, cultivation, or equipment used in the production of the qualifying product(s).

(c) Only the damage resulting from the specific incident referenced in the claim shall be considered, and any projected future losses shall not be contemplated, except that frames, supers, and hive components used in beekeeping shall be allowed.

(d) A claimant making a claim, after having been compensated for a loss in a prior calendar year, shall show by a preponderance of the evidence:

(1) All of the information required in (a) above; and

(2) Documentation that conflict abatement measures, as specified pursuant to Fis 304.08(f) in the adjudication of a prior loss, were in place and in use at the time of the current loss.

History

#13441, eff 8-29-22

N.H. Code Admin. R. Ann. Fis 304.10 Request to Commence an Adjudicative Proceeding {#sec-fis-304.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.10}

(a) Any person aggrieved by the decision of the wildlife division chief on a bear damage claim may request the commencement of an adjudicative proceeding within 30 days of receipt of written notice of the action taken, by letter addressed to:

NH Fish and Game Department

Wildlife Division

Claim for Bear Damage

11 Hazen Drive

Concord, NH 03301

(b) The person requesting the adjudicative proceeding shall provide the following information:

(1) The name of the claimant aggrieved by the decision;

(2) A concise description of the reason or reasons why the decision is believed to be in error;

(3) A current residential address; and

(4) A current telephone number and email address, if available.

(c) Persons who fail to file a letter requesting the commencement of an adjudicative proceeding within the 30-day time period shall be deemed to have waived their right to a hearing unless, upon petition, the executive director finds that the period to file should be extended as a result of:

(1) A showing that the person did not in fact receive the notice of the recommendation and notice of right to request the commencement of an adjudicative proceeding sent pursuant to Fis 304.11; or

(2) A showing of excusable neglect resulting from extended travel, a health problem, or other condition that resulted in the person not receiving actual notice of the decision prior to the expiration of the appeal period.

History

#13441, eff 8-29-22

N.H. Code Admin. R. Ann. Fis 304.11 Adjudicative Proceeding {#sec-fis-304.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.11}

(a) Any adjudicative proceeding under this section shall be conducted pursuant to Fis 200 by the executive director or by a presiding officer appointed by the executive director to conduct the hearing.

(b) The executive director or presiding officer shall consider all claims of error offered by the claimant and shall only order a modification of any recommendation made upon a finding that the claimant has shown:

(1) A mistake of fact on a finding that serves as the basis of the decision;

(2) A mistake in applying a federal, state, or local statute, rule, or regulation that serves as the basis of the decision; or

(3) Identification of facts showing error in the wholesale value of the agricultural products lost due to bear behavior.

History

#13441, eff 8-29-22

N.H. Code Admin. R. Ann. Fis 304.12 Further Appeal {#sec-fis-304.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 304.12}

Any person aggrieved may seek further review in accordance with the requirements of RSA 541 of any decision by the executive director to deny relief in an adjudicative proceeding held pursuant to Fis 304.11.

History

#13441, eff 8-29-22

Part Fis 305 Dog Training

N.H. Code Admin. R. Ann. Fis 305.01 Prohibition on Night Training {#sec-fis-305.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 305.01}

Holders of dog training permits under Fis 1106.05 shall not train dogs at night except that night training shall be allowed when raccoons are the animal to be pursued.

History

#1670, eff 11-20-80; ss by #2832, eff 8-21-84; ss by #4858, eff 7-5-90; ss by #6193, eff 2-22-96; ss by #7881, eff 4-26-03, EXPIRED: 4-26-11
#9977, INTERIM, eff 8-20-11, EXPIRES: 2-16-12; ss by #10037, eff 11-29-11; ss by #10347, eff 5-22-13; ss by #13725, eff 8-21-23

N.H. Code Admin. R. Ann. Fis 305.02 Training of Bear Dogs {#sec-fis-305.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 305.02}

Training of bear dogs shall be allowed from July 1 through August 31 statewide and in accordance with RSA 207:12-a.

History

#6193, eff 2-22-96; ss by #6292, eff 7-20-96; ss by #7289, eff 6-1-00, EXPIRED: 6-1-08
#9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09
#9405, eff 3-7-09; ss by #10347, eff 5-22-13; ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

Part Fis 306 Areas Closed to Hunting

N.H. Code Admin. R. Ann. Fis 306.01 Areas Closed to Hunting {#sec-fis-306.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 306.01}

(a) Because of the danger to human life and property, the following areas shall be closed to the specified type of hunting as follows:

(1) The Winnipesaukee River from the former cement bridge at the south end of Lake Winnisquam to Silver Lake shall be closed to waterfowl hunting;

(2) Silver Lake in Tilton-Belmont shall be closed to waterfowl hunting in the following areas:

a. For a 300 yard radius along the eastern shore from the power dam to the point of land on the south side of the entrance to Gardners Grove; and

b. All of Gardners Grove;

(3) The Squam River in the town of Holderness between Big and Little Squam Lakes, and the adjoining land area within 300 yards of the water area described shall be closed to all waterfowl hunting;

(4) The Squam River, between Little Squam Lake and the town of Ashland, and the land area within 300 yards of the water shall be closed to all waterfowl hunting;

(5) Big Squam Lake, including so-called Cotton Cove, south of a line from Kusumpee Point to the northeast tip of Pine Point and to the mouth of White Oak Brook, and that land and water area between White Oak Brook and Squam River north of Route 3 shall:

a. Be closed to all hunting; and

b. Include the land area 300 yards adjacent to the water area described;

(6) Paugus Bay on Lake Winnipesaukee, known as Pickerel Cove and that area of Paugus Bay within a 300 yard radius from the mouth of Pickerel Cove, shall be closed to waterfowl hunting;

(7) Lake Winnisquam shall be closed to waterfowl hunting in the following areas:

a. All areas south of Winnisquam Bridge also known as Mosquito Bridge to and including Mohawk Island;

b. The eastern shore south of Mohawk Island, including Sun Ray Canal and the area known as Back Pond or Tucker Pond, to the red and black channel marker buoys at Sandy Beach and the mouth of Tucker or Durgin Brook;

c. The eastern shore of the lake north of Mosquito Bridge to and including Loon Island excluding that area from Hueber's sawmill north and east to the Laconia-Belmont town line;

d. All areas north of Loon Island to the head end of the Lake; and

e. In all closed areas in a. through d. above, where a shoreline is mentioned, from the shoreline into the lake for a 300 yard radius;

(8) Kendall Pond in Londonderry including all the pond and wetland created or flooded by waters held behind the dam on Beaver Brook at Kendall Pond Road shall be closed to all bird and waterfowl hunting. The land 300 yards adjacent to the water area shall be closed to all bird and waterfowl hunting;

(9) Firehouse Pond in the town of Bow, located at the junction of Bow Center Road and Knox Road, shall be closed to the taking of waterfowl;

(10) The area of Fresh Creek in Dover beginning at a point on Gulf Road 150 yards east of the intersection of Fresh Creek and Gulf Road, north 100 yards, west 300 yards, south 100 yards to Gulf Road, south 200 yards past Gulf Road, east 300 yards, and north 200 yards to the starting point shall be closed to all hunting;

(11) The area of Cedar Point in Durham and Goat Island in Newington starting at the most western end of the Scammell Bridge on Route #4, then running south to the most eastern point of Goat Island; then running west along the northern side of said Island to the most western point, then running north to the historical Piscataqua Bridge sign on Route #4, then running east along Route #4 to the point of beginning shall:

a. Be closed to waterfowl hunting; and

b. Include the land area 300 yards adjacent to the water area described;

(12) Ottarnic Pond in the town of Hudson including all the wetlands adjacent to the pond shall be closed to all bird hunting and waterfowl hunting;

(13) The entire, so called Town Line Cove on Great Bay on the Durham/Newmarket town line and including a 300 foot perimeter adjacent to the outer most tip of the Durham peninsula and 300 feet adjacent to the entire southern shore of the Newmarket peninsula, shall be closed to the taking of waterfowl;

(14) The entire Pomeroy Cove on the Piscataqua River on Dover Point, and including a 300 foot perimeter adjacent to the outermost tip of the northern peninsula and 300 feet adjacent to the northern boundary of Hilton State Park, shall be closed to the taking of waterfowl;

(15) The Merrimack River in the towns of Litchfield and Merrimack from the mouth of Chase brook north approximately 1200 yards to the northern most tip of the northern most island in the town of Litchfield shall be closed to waterfowl hunting; and

(16) The Piscataqua River from the General Sullivan Bridge in the town of Newington to the Sara Long Bridge in the City of Portsmouth shall be closed to waterfowl hunting;

(17) Willand Pond in Dover/Somersworth shall be closed to hunting from south of the ¼ Mile Marker located in the Willand Pond Recreation Area in Dover at N 43° 13.757’ / W 070° 53.479’ (datum NAD 83) across the pond to the point of land at the parking lot area in the Willand Pond Recreation Area at N 43° 13.647’ / W 070° 53.136’ in Somersworth, to include the waters between the aforementioned points toward the Route 9/108 intersection in Dover, and the fish and game boat access site;

(18) The waters of the Bellamy River in Dover, at the high tide line, from New Bellamy Road running northerly to the northern most point of Nute Road shall be closed to waterfowl hunting; and

(19) A section of property around the Pow Wow River that borders Great Pond in Kingston, from the bridge crossing the Pow Wow River and marsh area on Ball Road and continuing to the point where the Pow Wow River drains into Great Pond, shall be closed to all hunting This shall not include the waterbody of Great Pond.

History

#4306, eff 8-28-87; ss by #4536, eff 12-2-88; ss by #5930, Emergency, eff 12-1-94; rpld by #5968, eff 1-27-95; ss by #4536, eff 12-2-88; ss by #5990, eff 2-24-95; amd by #6093, Emergency, eff 9-19-95; amd by #6189, eff 2-22-96; amd by #6842, eff 8-29-98; amd by #7593, EMERGENCY, eff 11-15-01, EXPIRED: 5-14-02; ss by #7881, eff 4-26-03, EXPIRED: 4-26-11
#9977, INTERIM, eff 8-20-11, EXPIRES: 2-16-12; ss by #10037, eff 11-29-11; ss by #11114, eff 6-3-16; amd by #12146, eff 3-24-17; amd by #12761, eff 5-1-19; ss by #13725, eff 8-21-23

Part Fis 307 Baiting Wildlife

N.H. Code Admin. R. Ann. Fis 307.01 Baiting for Wildlife {#sec-fis-307.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 307.01}

(a) In addition to the requirements specified in RSA 207:3-d, a person engaged in the act of baiting furbearing animals or game animals with the exception of gray squirrel shall be in compliance with Fis 307.

(b) No person shall engage in the act of baiting furbearing animals or game animals with the exception of gray squirrel from April 15 to August 31.

(d) Persons baiting on the property of another shall complete and submit a “Permit to Bait Wildlife” form provided by the department as described in Fis 1102.04, and signed by the owner or occupant in (c).

(e) To bait wildlife on lands other than state owned or managed lands, the permit specified in paragraph (d) above shall not be considered unless received by the department or are postmarked on or before the first Monday in August if baiting for bear, or received by the department or are postmarked on or before the first Monday in October for all other species, except:

(1) Applicants may apply beginning December 1 for permits to bait coyote for the year following; and

(2) Permits to bait bear shall be issued by the executive director or designated agents after the application deadlines as necessary to assist in addressing nuisance bear issues.

(f) The person submitting the permit specified in paragraph (d) above shall submit 2 completed and signed copies in hand or by mail to the:

N. H. Fish and Game Department

Wildlife Division

11 Hazen Drive

Concord, NH 03301

(g) Permittees shall include a map or copy thereof showing the specific location of bait site.

(h) The permittee shall also distribute copies of the completed and signed permit as follows:

(1) One copy shall be retained by the permittee; and

(2) One copy shall be left with the landowner.

(i) No bait shall be placed unless the permit with map have been submitted to the wildlife division or until 3 days have elapsed after the date of postmark if mailed.

(j) A person with a current hunting license shall be allowed a maximum of 2 active bait sites for private use and a licensed N.H. hunting guide shall in addition be allowed a maximum of 6 active bait sites for commercial use.

(k) No person other than the permittee listed on a permit to bait wildlife shall place bait or add any material to bait previously placed, under said permit.

(l) All permits to bait wildlife shall expire no later than December 31 following the date of issuance unless an earlier date has been specified on the permit form except as provided by (e)(1).

(m) A permit to bait wildlife shall be valid for one bait site only, a single permittee only, and shall have only that permittee’s name entered on the permit.

(n) A person placing bait shall post a sign bearing their name and address at each bait site, in a clearly visible manner not higher than 6 feet off the ground, on an identification sign made of durable material at least 3 inches by 6 inches in size.

(o) The sign specified in (n) above may bear the names of not more than 2 other persons permitted to take furbearing animals or game animals by aid and use of bait.

(p) No identification sign placed in compliance with this section shall be altered by the substitution or changing of the names listed thereon.

(q) No person other than the permittee authorized to place bait at a site shall remove, alter, or destroy any identification sign posted in compliance with (n) above.

(r) A licensed hunting guide authorized under the provisions of Fis 1106.03 and Fis 1300 shall not be required to post the names of paying clients attempting to take coyote, furbearing animals, or game animals over lawful commercial baits placed by the guide.

(s) No person shall place bait in public waters or on ice covered public waters.

(t) No person, except licensed hunting guides in accordance with (r) above, shall take furbearing animals or game animals by the aid or use of bait unless they are identified on the sign identified in (n) and (o).

(u) Upon the request of any conservation officer, a permittee or an applicant to bait shall accompany the conservation officer to the proposed or existing bait site for purposes such as, but not limited to, determining the actual location of the bait site and compliance with the provisions of RSA 207:3-d and Fis 307.

(v) The refusal of a permittee or an applicant to comply with the provisions of (u) shall be grounds for the denial of the application, if pending, or the revocation of the permit if previously issued.

(w) A baited area as defined in RSA 207:1, II-b shall be considered an active bait site until any and all bait material is completely removed from the site.

(x) From the close of the season to take bear with the aid and use of bait as specified in Fis 307.02 through December 15, baiting for coyote shall be restricted to the use of meat, animal parts, carrion, or fish.

History

#6175, INTERIM, eff 1-27-96, EXPIRED: 5-26-96; ss by #6251, eff 5-22-96; ss by #7289, eff 6-1-00; ss by #8644, eff 6-1-06; ss by #8931, eff 7-6-07; amd by #9720-A, eff 6-5-10; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #11114, eff 6-3-16; amd by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 307.02 Baiting for Black Bear {#sec-fis-307.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 307.02}

(a) In addition to the requirements of RSA 207:3-d and Fis 307.01 relative to the use of bait, black bear may be taken by the aid and use of bait subject to Table 300.1 in Fis 301.06(e) and the following:

(1) No person shall place bait for the purpose of attracting and taking bear at more than 2 bait sites; and

(2) A licensed N.H. hunting guide, authorized to guide bear hunters under the provisions of Fis 301.06(j), shall be allowed a maximum of 2 active bait sites for private use and a maximum of 6 bait sites for commercial use, subject to the following:

a. Any bear taken off a commercial bait site permitted to a licensed N.H. hunting guide shall be tagged with a bear guide tag issued to the guide permitted to use that site; and

b. Bear guide tags shall not be used to tag bear taken at bait sites permitted for private use.

(b) No person shall establish, tend, or hunt over a bait containing chocolate or any cocoa derivative, except as provided in paragraph (c), below.

History

#8931, eff 7-6-07; ss by #9163, eff 5-28-08; ss by #9720-A, eff 6-5-10; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #10852, eff 6-22-15; ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 307.03 Baiting for Deer {#sec-fis-307.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 307.03}

(a) Except as provided by Fis 301.031(c) and Fis 301.032, and in addition to the requirements of RSA 207:3-d and Fis 307.01 relative to the use of bait, deer taken by the aid and use of bait shall be subject to the following:

(1) The season for taking deer with the aid and use of bait in WMUs A through L shall open 21 days prior to the opening of the regular firearm deer season as specified in Fis 301.03(g) and close the third Wednesday in November;

(2) The season for taking deer with the aid and use of bait in WMU M shall open on September 15 and close December 15;

(3) The season for taking deer with the aid and use of bait for persons holding a permanently disabled veterans license as specified in RSA 214:13 or a license for certain permanently disabled persons as specified in RSA 214:13-c shall open on September 15 and close December 15, statewide; and

(4) A licensed N.H. hunting guide shall be allowed a maximum of 2 bait sites for private use and a maximum of 6 bait sites for commercial use.

(b) No person shall place bait for the purpose of attracting and taking deer prior to the season for taking deer with the aid and use of bait as specified in (a).

History

#10619, eff 6-2-14; amd by #11114, eff 6-3-16

N.H. Code Admin. R. Ann. Fis 307.04 Wild Turkey {#sec-fis-307.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 307.04}

No person shall use the aid of bait to take wild turkeys in any open season.

History

#8931, eff 7-6-07; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14 (from Fis 307.03); ss by #13211, eff 5-26-21

N.H. Code Admin. R. Ann. Fis 307.05 Baiting Wildlife on State-Owned or Managed Lands {#sec-fis-307.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 307.05}

(a) A person may bait wildlife in accordance with RSA 207:3-d, Fis 307.01, Fis 307.02, and Fis 307.03 on lands assigned to or managed by the department, including:

(1) Property of the fish and game department;

(2) Property of the department of natural and cultural resources, division of state parks and division of state forests;

(3) Property of the department of transportation;

(4) Property of the department of environmental services, division of water;

(5) Federal property such as the White Mountain National Forest (WMNF); and

(6) Private property for which the fish and game department has authorization to issue permits to bait wildlife only after the applicant obtains permission in writing to do so from the fish and game department.

(b) The maximum number of active bait sites for private and commercial use on state owned and managed lands and other lands combined shall be as described in Fis 307.01(i), except:

(1) No person shall engage in the act of baiting furbearing or game animals, with the exception of gray squirrel, at more than 2 bait sites on state owned or managed lands within any individual WMU;

(2) Licensed New Hampshire hunting guides shall be allowed up to 3 active bait sites for commercial use on state owned or managed lands within any individual WMU; and

(3) No person, to include licensed New Hampshire hunting guides, shall have more than one active bait site within an individual trapping unit as described in Fis 303.13(c).

(c) Each year, baiting permits shall be awarded on state owned or state managed lands for which the department has authority to award such permits on a first come-first served basis, by postmark or hand delivered, except for the Connecticut Lakes Headwaters Forest (CLHF), as provided by paragraph (k) below.

(d) Applicants for a baiting permit on state owned and managed lands shall make application on a “Permit to Bait Wildlife” form provided by the department as described in Fis 1102.04.

(e) Permit applications to bait furbearing animals or game animals, with the exception of gray squirrel, on state owned and managed lands shall be accepted at any time, except:

(1) Applicants may apply beginning December 1 for permits to bait coyote for the year following to be effective from January 1 to December 31 of the year following;

(2) Permit applications for baiting bear and deer shall not be considered unless received by the department or are postmarked between the first Monday in June and the first Monday in August; and

(3) Permits to bait bear shall be issued by the executive director or designated agents after the application deadlines in subparagraph (2) above as necessary to assist in addressing bear conflict issues, to be effective on the date of issuance for the period set forth in the permit, not to exceed 60 days.

(f) Applicants for award of baiting permits on state owned or managed lands shall submit one copy of the application, and shall include a topographic map or copy showing the specific location of the bait site to the following address:

N.H. Fish and Game Department

Law Enforcement Division

11 Hazen Drive

Concord, NH 03301

(g) Permits awarded to bait wildlife on state owned or managed lands shall become effective on the first day of legal baiting of the year of issuance of the permit and shall be valid for the baiting season in that calendar year except as provided by paragraphs (e)(1) and (e)(3) above.

(h) In addition to the rules specified in Fis 307.01, the following rules for baiting wildlife on state owned or managed lands shall apply:

(1) Non-edible or non-digestible materials shall not be used as bait;

(2) Containers used to hold bait, such as barrels, plastic bags, pails, and boxes, and any bait material shall be removed from the property by the end of the open season for taking the species by the use of bait or upon expiration of the permit, whichever occurs first;

(3) No person shall erect, build, or use a tree stand or observation blind that damages or destroys a tree by inserting into the tree any metallic, ceramic, or other object used as part of a ladder or observation deck nor shall any person cut any tree in connection with any of the activities regulated under this section;

(4) All temporary blinds, platforms, or other structures shall be removed from the property when the permit expires;

(5) No baits shall be placed within 300 feet of a dwelling, roadway, pathway, trail, or designated campsites; and

(6) Permittees shall comply with Fis 307.01(n).

(i) Failure to comply with these rules shall, after notice and opportunity for a hearing in accordance with Fis 200, result in permit revocation and no issuance of a permit for one year. Persons subject to permit revocation may appeal said revocation by requesting, in writing to the executive director, a hearing in accordance with Fis 200.

(j) A permit to bait wildlife on state owned or managed lands shall be valid for one bait site only, a single permittee only, and shall have only that permittee's name entered on the permit.

(k) Up to 50 permits to bait bear and up to 20 permits to bait other species on the Connecticut Lakes Headwaters Forest (CLHF) shall be awarded by lottery as follows:

(1) Baiting permits on the CLHF shall be issued on the basis of 11 CLHF trapping units described in Fis 303.13;

(2) A maximum of 7 bait sites, with no more than 5 bear bait sites and 2 bait sites for all other species, shall be permitted on any one trapping unit in the CLHF;

(3) No person shall be permitted more than one bait site on the CLHF in a calendar year, except a licensed N.H. hunting guide may be permitted up to 3 bait sites on the CLHF but shall not have more than one bait site per trapping unit in a calendar year;

(4) Applicants for the CLHF baiting permit lottery shall complete the “Lottery Application to Bait Wildlife on the Connecticut Lakes Headwaters Forest (CLHF)” form supplied by the department by providing the following information:

a. The date of application;

b. Name of the applicant;

c. Mailing address of the applicant;

d. Date of birth of the applicant;

e. Telephone number of the applicant;

f. If a licensed N.H. hunting guide, the guide’s current license number and an indication of whether or not they were issued bear guide tags for the current year as described in Fis 1102.06;

g. A ranking of CLHF trapping unit preferences; and

h. The species, meaning bear, deer, or coyote, for which the applicant wishes to bait for in each trapping unit;

(5) Each lottery application for the CLHF lottery shall be for a single person or licensed N.H. hunting guide and shall be non-transferable;

(6) No person shall submit more than one application except licensed N.H. hunting guides may submit up to a maximum of 3 applications;

(7) Lottery applications shall be submitted to the:

New Hampshire Fish and Game Department

Wildlife Division

11 Hazen Drive

Concord, N.H. 03301

(8) Lottery applications may be submitted beginning the first Monday in April and shall be received at that location by 4:00 pm on the first Friday in May or postmarked no later than midnight on the fourth Wednesday in April;

(9) Illegible applications and incomplete applications shall be returned and not considered, however, corrected applications may be resubmitted prior to the deadlines specified in subparagraph (8) above;

(10) The lottery for permits to bait bear and other species on the CLHF shall be held on or before the 12th day following the close of the application period as specified in subparagraph (8) above and be based on random computer selection of applications at the fish and game headquarters office in Concord;

(11) Based on the order of selection, applicants shall be offered a baiting permit(s) as follows:

a. Applicants shall be offered a baiting permit(s) for bear or other species for the highest ranked trapping unit(s) indicated on their application(s) that have not been previously filled;

b. Selection of applicants shall continue until all species-specific baiting opportunities in all trapping units have been filled or no more eligible applicants are available;

c. Successful applicants shall be notified by mail within 7 working days of the trapping unit and species baiting opportunities awarded them;

d. Successful CLHF lottery applicants shall complete and submit an application for a permit to bait wildlife on state owned and managed lands in accordance with paragraphs(d), (e), and (f) above for each trapping unit and species opportunity awarded them in the lottery, noting on the form that the application for a permit to bait wildlife is for a site awarded in the CLHF lottery and providing the CLHF trapping unit number in which the site is located; and

e. Following the lottery, any baiting permits as specified in this paragraph not issued in the lottery by species and trapping unit shall be distributed on a first come-first served basis at the fish and game region one office in Lancaster; and

(12) Baiting on the CLHF shall be in compliance with RSA 207:3-d, Fis 307.01, Fis 307.02, and Fis 307.03.

History

#8931, eff 7-6-07 (from Fis 1102.05); ss by #10142, eff 6-5-12; ss by #10347, eff 5-22-13; ss by #10619, eff 6-2-14 (from Fis 307.04); ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18); ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 307.06 Feeding of Wild Deer {#sec-fis-307.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 307.06}

(a) “Feeding of wild deer” means, for the purposes of this section, the intentional aggregation by a person of food for wild deer in a place where wild deer can access and consume such food between the dates of December 16 and April 16 of the subsequent year.

(b) “Food for wild deer” means for the purposes of this section, any ingestible substance knowingly placed for any purpose, upon which deer may feed.

(c) Feeding of wild deer shall not be restricted unless and until the landowner is warned in writing by a conservation officer that the feeding activity is detrimental to the health of the deer population or a threat to public safety as a result of:

(1) One or more instances of a vehicle colliding with a deer in proximity to the feeding site;

(2) One or more instance of a sick, dead, or dying deer resulting from consumption of food at such a site; or

(3) Confirmed predation of two or more deer in proximity to the feeding site.

(d) Once warned in writing by a conservation officer in accordance with RSA 208:8-b, III a person is guilty of a violation if he or she engages in any further feeding of wild deer.

(e) This rule shall not apply to baiting permitted under RSA 207:3-d and Fis 307 or agriculture as defined in RSA 21:34-a.

History

#12591, eff 7-25-18

Part Fis 308 Wildlife Control Operators

N.H. Code Admin. R. Ann. Fis 308.01 Definitions {#sec-fis-308.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 308.01}

(a) “Level I wildlife control operator” means a person who is a licensed trapper and who is also engaged in the practice of trapping nuisance animals under RSA 210:24-b.

(b) “Level II wildlife control operator” means a person who is engaged in the commercial practice of trapping nuisance animals under RSA 210:24-b.

(c) “Nuisance animal” means wildlife that a landowner wants excluded or removed to protect their family or their property from injury or destruction by the animal specified in Fis 308.02(e).

History

#7801, eff 6-1-03; ss by #8385, eff 6-25-05; ss by #10142, eff 6-5-12; ss by #13211, eff 5-26-21

N.H. Code Admin. R. Ann. Fis 308.02 Licensing Requirements {#sec-fis-308.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 308.02}

(a) A wildlife control operator shall obtain a level I or level II wildlife control operator’s license.

(b) All wildlife control operators shall meet the requirements of RSA 214:11-b relative to education.

(c) Wildlife control operators may trap, in the performance of their licensed activities, nuisance wildlife outside the regular trapping seasons.

(d) Wildlife control operators shall not trap endangered or threatened species, protected birds, deer, moose, bear, or turkey.

(e) Wildlife control operators may only trap the following:

(1) Beaver;

(2) Otter;

(3) Mink;

(4) Fisher;

(5) Porcupine;

(6) Raccoon;

(7) Bobcat;

(8) Grey and red fox;

(9) Weasel;

(10) Skunk;

(11) Muskrat;

(12) Grey, red and flying squirrel;

(13) Rabbit and hare;

(14) Coyote;

(15) Opossum;

(16) Woodchuck;

(17) Chipmunks;

(18) Mice, rats, voles, moles, and shrews; and

(19) Snakes.

(f) Bats shall be controlled by exclusion techniques as described in Fis 1001.05 (d) and (e).

(g) Wildlife control operators may remove individual bats from portions of structures occupied by humans or livestock at any time of year.

(h) Any person trapping under a wildlife control operator license shall be exempt from the written landowner permission required under RSA 210:11, but shall be restricted to the property of that landowner for whom they are working.

(i) Wildlife control operator licenses shall expire on June 30 each year.

History

#7801, eff 6-1-03; ss by #8385, eff 6-25-05; ss by #10142, eff 6-5-12; ss by #12161, eff 4-18-17

N.H. Code Admin. R. Ann. Fis 308.03 Trapping Restrictions {#sec-fis-308.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 308.03}

(a) Traps shall be checked at least once in a calendar day pursuant to RSA 210:13 and the landowner or their agent may check box traps only for the wildlife control operator.

(b) Snares shall only be used by wildlife control operators after completing a training course in the use of snares.

(c) Wildlife control operators shall have held a New Hampshire trapping or wildlife control operator license for at least 3 years since 2000 before enrolling in the snaring course.

(d) A training course for the use of snares shall be approved by the executive director and include legal requirements, equipment review, methods and techniques for use, target selection, and humane considerations.

(e) Snares shall be non-locking, relaxing snares equipped with a deer stop and a durable tag with the name of the person setting them stamped or engraved in a legible manner.

(f) Any domestic pet killed in a trap or a snare shall be reported to the department within 24 hours.

(g) Body gripping traps shall be set in accordance with Fis 303.12.

(h) Any non-targeted wildlife, incidentally killed, that has no open season shall be reported to the department within 72 hours.

(i) Fisher and otter taken by wildlife control operators shall be sealed within 10 days and may be sold.

(j) During the open season for otter and fisher, the limit for otter and fisher shall be in accordance with the season limits specified in Fis 303.02(c) and Fis 303.04(c), respectively.

(k) Bobcat shall only be captured in live traps and released unharmed.

(l) The wildlife control operator may relocate and release wildlife only after the wildlife control operator has obtained written permission of the landowner where the wildlife is to be released.

(m) Wildlife control operators may release wildlife on state owned or managed lands for which they hold a valid trapping permit issued pursuant to Fis 303.13.

History

#7801, eff 6-1-03; ss by #8385, eff 6-25-05; amd by #8644, eff 6-1-06; ss by #10142, eff 6-5-12; amd by #10619, eff 6-2-14; ss by #13970, eff 6-1-24

N.H. Code Admin. R. Ann. Fis 308.04 Level I Wildlife Control Operator {#sec-fis-308.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 308.04}

(a) Any licensed trapper who holds a level I wildlife control operator’s license may trap nuisance animals outside the regular trapping seasons.

(b) Level I wildlife control operator licensees may only charge for services for trapping furbearers, woodchucks, coyote, opossums, and porcupines but shall not charge for services for trapping other nuisance wildlife.

(c) Level I wildlife control operators may keep and sell the hide of any furbearer currently permitted under the trapping license.

(d) Level I wildlife control operator shall report as follows:

(1) Report all furbearing animals killed during the open season for trapping wildlife on their trapping report as specified in Fis 303.08; and

(2) Report all nuisance furbearing animals killed outside the open trapping season on a wildlife control operator report as specified in Fis 308.07(c).

(e) The license fee shall be $15.

History

#7801, eff 6-1-03; ss and moved by #8385, eff 6-25-05 (from Fis 308.03); ss by #10142, eff 6-5-12; amd by #10981, eff 1-1-16; ss by #14449, eff 12-5-25, EXPIRES: 12-5-35

N.H. Code Admin. R. Ann. Fis 308.05 Level II Wildlife Control Operator {#sec-fis-308.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 308.05}

(a) Applicants for a level II wildlife control operator’s license shall have completed a 6-hour workshop, be certified by the National Wildlife Control Operators Association (NWCOA), or have held a previous level II wildlife control operator’s license.

(b) A workshop shall include the following topics:

(1) Laws and rules;

(2) Wildlife biology and ecology;

(3) Best management practices;

(4) Exclusionary methods, to include training on devices such as repellants, one-way doors, habitat modification, and live traps;

(5) Consideration of humane issues of wildlife;

(6) Site evaluation;

(7) Non-lethal or lethal resolutions to wildlife problems;

(8) Techniques to prevent reoccurrence of the problem;

(9) Capture, transport, and handling of wildlife;

(10) Euthanasia;

(11) Landowner relations; and

(12) Disease, hazards, and risks.

(c) The level II wildlife control operators may utilize persons employed by them, and under their supervision, to assist in carrying out their business.

(d) The wildlife control operator shall not use assistants who do not have the ability, knowledge, and training to capably perform the tasks assigned to them.

(e) Each assistant shall carry a copy of their supervisor’s level II wildlife control operator license.

(f) Level II wildlife control operators shall submit a report as specified in Fis 308.07(c).

(g) In addition to paragraph (f) above, a level II wildlife control operator who also holds a regular trapping license for the purpose of trapping furbearers during the regular trapping seasons shall report all furbearing animals taken during the open season for trapping on the annual trappers report as described in Fis 303.08.

(h) The license fee shall be $135 for residents and $400 for nonresidents.

History

#7801, eff 6-1-03; ss and moved by #8385, eff 6-25-05 (from Fis 308.04); ss by #10142, eff 6-5-12; amd by #10981, eff 1-1-16; amd by #12591, eff 7-25-18; ss by #13644, eff 6-1-23

N.H. Code Admin. R. Ann. Fis 308.06 Wildlife Seasons and Rules {#sec-fis-308.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 308.06}

Reports.

(a) Report information required in Fis 308.04(d)(2) and Fis 308.05(f) shall be submitted for the period June 1 through May 31 the previous year.

(b) Wildlife control operators shall submit the wildlife control operator report no later than June 30.

History

#7801, eff 6-1-03; ss and moved by #8385, eff 6-25-05 (from Fis 308.05); ss by #10142, eff 6-5-12; ss by #13211, eff 5-26-21

N.H. Code Admin. R. Ann. Fis 308.07 Wildlife Control Operator Forms {#sec-fis-308.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 308.07}

(a) A person requesting a wildlife control operator’s license shall provide, on the application available at wildlife-control-operator.pdf (state.nh.us), the following:

(1) Name and address;

(2) Date of birth;

(3) Height and weight;

(4) Telephone number;

(5) Business name and address, if operating a business;

(6) Level of license;

(7) A current NH trapping license number, if applying for a level I license;

(8) Proof of completion of a trapper education course, if the applicant does not possess a trapping license and the applicant is applying for a level II license;

(9) Previous level II wildlife control operator’s license or proof, as specified in paragraph (b) below, that the requirements of Fis 308.05(b) have been met, if the applicant is applying for a level II license;

(10) If the applicant wishes to use snares, proof of completion of a snaring workshop as required in Fis 308.03(b);

(11) An indication as to whether the licensee would like his or her name and contact information provided on a list of wildlife control operators provided by the department; and

(12) Signature of the applicant subject to the penalties for making unsworn false statements under

RSA 641:3.

(b) Proof that the requirements of Fis 308.05(b) have been met shall include a certificate or letter from NWCOA, or a certificate or letter from New Hampshire, Massachusetts, Connecticut, or any state, province, or organization conducting a similar workshop, stating that the individual has completed the workshop.

(c) Level I and Level II operators shall include on the “Wildlife Control Operator Reporting Form”, available at wco-form.pdf (state.nh.us), the following:

(1) The licensee’s name, phone number, home and business address;

(2) The level of license and license number held;

(3) The time period covered by the report;

(4) Whether or not nuisance wildlife was trapped;

(5) The number of nuisance furbearing animals by species killed in each town and wildlife management unit during the reporting period; and

(6) Licensee’s signature subject to the penalties for making unsworn false statements under RSA 641:3.

(d) Level II operators shall also report, for all bats that are excluded, the following information:

(1) Date of exclusion;

(2) Species of bat excluded;

(3) Estimated number of bats in the colony;

(4) Type of structure bats were excluded from;

(5) Town where exclusion was done;

(6) If exclusions were performed between May 15 and August 15, whether pups were present, as specified in Fis 1001.05(b)(2);

(7) If exclusions were performed between August 1 and August 15, whether pups were flying for 2 weeks or more prior to the exclusion, as specified in Fis 1001.05(b)(3); and

(8) Note any public health related exclusions.

History

#8385, eff 6-25-05 (from Fis 308.06); amd by #9163, eff 5-28-08l; ss by #10142, eff 6-5-12; amd by #12591, eff 7-25-18; ss by #13644, eff 6-1-23

Part Fis 309 Wildlife Disease

N.H. Code Admin. R. Ann. Fis 309.01 Chronic Wasting Disease (CWD {#sec-fis-309.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 309.01}

(a) The purpose of this section is to minimize the risk of persons bringing potentially diseased carcasses or parts into New Hampshire and exposing wild and captive cervid populations to chronic wasting disease (CWD). CWD is a fatal neurological disorder belonging to a general class of diseases known as transmissible spongiform encephalopathies that is known to affect white-tailed deer, mule deer, elk, and perhaps other members of the deer family native to or present in New Hampshire.

(b) For the purpose of this section, the following definitions shall apply:

(1) "Cervid" means any member of the family Cervidae; and

(2) "CWD positive jurisdiction" means those US states or Canadian provinces in which chronic wasting disease has been found in the wild or captive cervids.

(c) No person shall import into the state any cervid carcass or parts of a cervid carcass from CWD positive jurisdictions except for:

(1) De-boned meat;

(2) Antlers;

(3) Antlers attached to skull caps from which all soft tissue has been removed;

(4) Upper canine teeth, also known as buglers, whistlers, or ivories, from which all soft tissues has been removed;

(5) Hides or capes with no part of head attached;

(6) Finished taxidermy mounts; or

(7) Tissues prepared and packaged for use by diagnostic or research laboratories.

History

#7963, eff 9-23-03; ss by #9720-A, eff 6-5-10; amd by #10142, eff 6-5-12; ss by #13098, INTERIM, eff 9-4-20, EXPIRES: 3-3-21; ss by #13211, eff 5-26-21; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

Part Fis 310 Control of Black Bear-Human Conflicts

N.H. Code Admin. R. Ann. Fis 310.01 Control of Black Bear-Human Conflicts {#sec-fis-310.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 310.01}

No person shall use, place, provide, give, expose, deposit, scatter, or distribute any material that results in attracting black bears after receiving notice from the executive director or designee to cease the activity because the activity could result in injury to a person, damage to property, or create a public nuisance.

History

#8576, eff 3-2-06; ss by #10619, eff 6-2-14; ss by #13970, eff 6-1-24

Part Fis 311 Use of Leashed Dogs for Tracking Big Game Animals

N.H. Code Admin. R. Ann. Fis 311.01 Definitions {#sec-fis-311.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 311.01}

(a) “Big game animal” means a bear, deer, or moose.

(b) “Licensed tracker” means a person licensed to use leashed dogs to track deer, moose, or bear in accordance with RSA 207:12-c.

History

#8839, eff 7-1-07; ss by#10619, eff 6-2-14; ss by #13970, eff 6-1-24

N.H. Code Admin. R. Ann. Fis 311.02 Licensing for Use of Leashed Tracking Dogs {#sec-fis-311.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 311.02}

(a) A leashed tracking dog licensee may use a leashed tracking dog to locate wounded or dead big game animals for another licensed hunter.

(b) Applicants for a leashed tracking dog license shall complete the “Application for Leashed Dog Tracking License” form, Rev 7/25, available at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/leashed-dog-tracking.pdf, and signed subject to the penalties for making unsworn false statements under RSA 641:3.

(c) The applicant shall submit the application and the fee for the leashed tracking dog license to the fish and game department, 11 Hazen Drive, Concord, NH 03301.

(d) The annual fee for a leashed tracking dog license shall be $50.00.

(e) The licensed tracker shall only have and carry a current New Hampshire firearms hunting license and current leashed tracking dog license when tracking big game animals.

(f) The dogs shall be properly licensed in accordance with existing New Hampshire laws.

(g) The licensed tracker shall not use more than 2 dogs for tracking big game animals at one time.

(h) The licensed tracker shall not charge for services of tracking big game animals.

(i) The licensed tracker shall submit a “Mandatory Leashed Tracking Dog Report” to the fish and game department no later than December 31st of the year they held a license to track big game animals.

(j) The required “Mandatory Licensed Leashed Tracking Dog Report” form, Rev 7/25, is available at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/inline-images/leashed-tracking-dog-rpt-.pdf.

(k) Individuals who fail to submit the required report shall not be eligible to purchase another leashed dog tracking license until the report is submitted.

History

#8839, eff 7-1-07; ss by #10619, eff 6-2-14; ss by #13970, eff 6-1-24; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 311.03 Use of Leashed Dogs for Tracking Big Game Animals {#sec-fis-311.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 311.03}

(a) A hunter who has killed or wounded or reasonably believes they have killed or wounded a big game animal during the applicable open season may engage a person licensed to use a leashed tracking dog to track and recover the animal.

(b) A licensed tracker shall only use a leashed tracking dog to locate wounded or dead big game animals:

(1) During the appropriate open hunting season and until midnight the day immediately following the last day of the appropriate hunting season;

(2) During the day or at night; and

(3) With or without the use of an artificial light.

(c) A licensed tracker using a licensed tracking dog may temporarily possess big game animals until lawfully tagged by the hunter or delivered to a New Hampshire fish and game conservation officer.

(d) Unless physically incapacitated, the hunter shall accompany the licensed tracker while tracking the animal. For purposes of this paragraph, “accompany” means to be within sight and hearing, excluding electronic devices, of the tracker.

(e) The licensed tracker shall make notification between the hours of 7:00 am and 7:00 pm, directly to the conservation officer, by telephone by calling 603-271-3361, or by online reporting using the link available at www.wildlife.nh.gov, within 24 hours of completion of a track and provide:

(1) The licensed tracker’s name and tracking license number;

(2) The hunter’s name, address, telephone number, and hunting license number;

(3) The species and general location of the wounded or dead animal; and

(4) Whether the hunter is physically incapacitated and unable to participate in the recovery of the big game.

(f) When tracking wounded or dead big game, the licensed tracker shall wear 2 articles of hunter orange clothing to include:

(1) A solid-colored hunter orange hat; and

(2) A jacket, vest, coat, or poncho which is a minimum of 50 percent hunter orange in color to cover a major portion of the torso.

(g) The licensed tracker shall maintain physical control of the leashed tracking dog(s) at all times while tracking big game animals by means of a lead attached to the dog’s collar or harness.

(h) No person other than the licensed tracker or the hunter, who shot the animal and who has engaged the licensed tracker, may carry a firearm or bow of any description while tracking dead or wounded big game.

(i) During legal hunting hours, the hunter or licensed tracker shall euthanize the wounded big game animal when found by the licensed tracker by a means which is lawful during the open season.

(j) In addition to the methods in paragraph (i) above, the licensed tracker shall use a handgun of no less than .35 caliber and in accordance with RSA 208:3-d.

(k) Outside of legal hunting hours or outside the open season, only the licensed tracker shall euthanize wounded big game animals and only with a handgun of no less than .35 caliber.

(l) After the big game animal has been recovered, the hunter shall immediately complete and affix the appropriate tag to the animal in accordance with Fis 301.03(i)(1), Fis 301.031(b)(2) and (c)(13), Fis 301.034(i), Fis 301.06(m), and Fis 301.07(o).

(m) If the hunter was unable to accompany the licensee due to physical incapacitation, then the hunter shall provide the licensed tracker, prior to the onset of tracking, with a written signed statement to take and possess the wounded or dead animal.

(n) The written signed statement in paragraph (m) above shall include:

(1) The hunter’s name, address, telephone number, license number, and tag number;

(2) The name of the licensed tracker;

(3) The date and time of the tracking effort; and

(4) The general location of the wounded animal.

(o) The licensed tracker shall sign the written statement specified in paragraph (m) above prior to tracking the wounded animal.

(p) If the hunter is unavailable to accept the recovered animal, the licensed tracker shall notify a conservation officer in person or by calling 603-271-3361 and advising the department of that fact, and the animal shall be turned over to a conservation officer.

(q) The licensed tracker shall report any suspected game law or rule violations to a conservation officer.

(r) If requested, the licensed tracker, the hunter, or both shall accompany a conservation officer in a review of the wounding site, tracking line, and recovery site.

History

#8839, eff 7-1-07; ss by #10619, eff 6-2-14; ss by #13970, eff 6-1-24; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

Part Fis 312 Use of Drones and Smart Rifles

N.H. Code Admin. R. Ann. Fis 312.01 Definitions {#sec-fis-312.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 312.01}

(a) “Unmanned aerial vehicle (UAV)” means any device capable of flight which is remotely, automatically, or otherwise piloted without an occupant, including drones.

(b) “Smart rifle” means any firearm that is equipped with one or more of the following:

(1) A target tracking system;

(2) An electronically-controlled, electronically-assisted, or computer-linked trigger; or

(3) A ballistics computer.

History

#10823, eff 5-4-15; ss by #14077, eff 9-25-24

N.H. Code Admin. R. Ann. Fis 312.02 Unmanned Aerial Vehicles {#sec-fis-312.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 312.02}

(a) No person shall take or attempt to take wildlife by use of a UAV.

(b) No person shall use a UAV to:

(1) Attempt to locate, surveil, or aid or assist in any attempt to locate or surveil any wildlife, for the purpose of taking or attempting to take the wildlife;

(2) Communicate, in any manner, the location or approximate location of any wildlife to any person on the ground for the purpose of taking or attempting to take the wildlife; or

(3) Drive or harass any wildlife or otherwise aid or assist in taking or attempting to take wildlife.

(c) The provisions of this section shall not apply to the actions of law enforcement officers and personnel of the fish and game department in the performance of their official duties.

History

#10823, eff 5-4-15; ss by #14077, eff 9-25-24

N.H. Code Admin. R. Ann. Fis 312.03 Smart Rifles {#sec-fis-312.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 312.03}

(a) All firearms used to take or attempt to take wild animals shall be fired only by humanly controlled, manually-operated, mechanical triggers. No person shall use a smart rifle to take or attempt to take wild animals.

(b) The executive director shall waive the prohibition contained in paragraph (a) above and shall allow the use, for hunting, of a firearm with an electronically-controlled, electronically-assisted, or computer-linked trigger, if the executive director finds that:

(1) The person seeking a waiver is unable to fire a traditional firearm due to quadriplegia, the loss of both hands, or a similar permanent condition; and

(2) The type of firearm and firing method proposed to be used protects the safety of the applicant and the surrounding community.

(1) The date of the application;

(2) The applicant’s name, address, and New Hampshire hunting license number;

(3) A description of the specific disability that renders the applicant unable to fire a traditional firearm using traditional means;

(4) The type of firearm to be used and a description of the method by which the firearm’s trigger is operated;

(5) The name, address, and New Hampshire hunting license number of the applicant’s assistant, if any;

(6) A description of the date(s), time(s), and location(s) of the planned hunt; and

(7) The signature of the applicant, or the signature of the applicant’s assistant, subject to the penalties for making unsworn false statements under RSA 641:3.

(d) Applications for waivers shall be received at least 30 days prior to the date of the planned hunt.

(e) The decision of the executive director on the waiver request shall be final.

(f) The executive director shall notify the chief of the department’s law enforcement division of any granted wavier for distribution to the appropriate conservation officers.

History

#10823, eff 5-4-15; ss by #14077, eff 9-25-24

Part Fis 313 Wanton Waste Prohibited

N.H. Code Admin. R. Ann. Fis 313.01 Definition {#sec-fis-313.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 313.01}

“Wanton Waste”, as used in this part, means to leave a wild animal, wild bird, or fin fish, as defined in RSA 207:1, that has been wounded or killed by that person, while engaged in the acts of hunting, fishing, or trapping in the field, forest, or waterways, without making a reasonable effort to retrieve, salvage, or recover it and render it for consumption or use. For game animals, game birds, or fin fish, as defined in RSA 207:1, the term includes the act of removing the head, hide, tail, antlers, or fins and leaving the edible portions to waste.

History

#14409, eff 10-22-25

N.H. Code Admin. R. Ann. Fis 313.02 Wanton Waste {#sec-fis-313.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 313.02}

(a) It shall be considered a violation level offense for any person to engage in wanton waste of a wild animal, wild bird, or fin fish as defined in RSA 207:1.

(b) This part shall not apply to wild animals, wild birds, or fin fish that are diseased or grossly mutilated and thus unfit for consumption.

(c) This section shall not apply to wild animals, wild birds, or fin fish on privately owned property taken in the defense of person or property, under RSA 207:26, RSA 207:22-c, III, or RSA 207:30.

(d) This section shall not apply to actions taken under RSA 212.

(e) This section shall not apply to the New Hampshire fish and game executive director, or their designee, in the performance of their duties, to licensed trappers for the removal of animals related to human-wildlife conflicts, or to persons acting under the authority provided in RSA 214:29.

APPENDIX

Rule

State or Federal Statute the Rule Implements

Fis 301.01

RSA 206:10, I

Fis 301.02

RSA 206:10, I; RSA 208:1-a, I; RSA 208:2; RSA 208:22, I, III; RSA 209:12-a

Fis 301.02

RSA 206:10, I; RSA 208:1-e; 208:2, 208:22-a, 208:5, 208:5-a, 210:23

Fis 301.021

RSA 206:10, I; RSA 208:5-b

Fis 301.022

RSA 206:10, I; RSA 206:23-c

Fis 301.03

RSA 206:10, I; RSA 208:2; RSA 208:7-a; RSA 208:15-a; RSA 208:15-b; RSA 208:15-d; RSA 208:15-h

Fis 301.031

RSA 206:10, I; RSA 208:5-b; RSA 214-A:2

Fis 301.032

RSA 206:10, I; RSA 206:23-c

Fis 301.033

RSA 206:10, I; RSA 208:15-a; RSA 208:15-b;

Fis 301.034

RSA 206:10, I; RSA 208:5-b

Fis 301.041

RSA 206:10, I; RSA 208:7-a, I, II

Fis 301.06

RSA 206:10, I; RSA 208:7-a, II; RSA 208:22, I and III

Fis 301.07

RSA 206:10, I; RSA 208:1-a, I, II

Fis 301.071

RSA 206:10, I; RSA 208:1-a, I

Fis 301.08

RSA 206:10, I; RSA 208:1-a, I

Fis 301.09

RSA 206:10, I; RSA 208:1-a, II and II-a

Fis 301.10

RSA 206:10, I; RSA 207:56, III

Fis 301.11

RSA 206:10, I; RSA 207:56

Fis 302.01

RSA 206:10, I; RSA 209:12-a, I

Fis 302.11

RSA 206:10, I; RSA 207:56, I

Fis 302.011

RSA 206:10, I; RSA 209:12-a, I

Fis 302.012

RSA 206:10, I; RSA 209:12-a, I

Fis 302.02

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.03

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.04

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.05

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.06

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.061

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.062

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.07

RSA 206:10, I; RSA 209:6-b; 50 CFR Part 20

Fis 302.08

RSA 206:10, I; RSA 209:6-b; 50 CFR Part 20

Fis 302.09

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.10

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.11

RSA 206:10, I; RSA 207:56, I

Fis 302.12 – Fis 302.14

RSA 206:10, I; RSA 207:56

Fis 303.01

RSA 210:17, 210:23

Fis 303.02

RSA 206:10, I; RSA 207:56; RSA 210:23

Fis 303.03

RSA 206:10, I; RSA 207:56; RSA 210:2; RSA 210:23

Fis 303.03

RSA 206:10, I; RSA 210:2, RS 210:23

Fis 303.04

RSA 206:10, I; RSA 210:23

Fis 303.05

RSA 206:10, I; RSA 210:23

Fis 303.06

RSA 206:10, I; RSA 210:23; RSA 208:1-e

Fis 303.06

RSA 206:10, I; RSA 208:1-e; RSA 210:23

Fis 303.07

RSA 206:10, I; RSA 210:23

Fis 303.08

RSA 206:10, I; RSA 210:23

Fis 303.09

RSA 206:10, I; RSA 214:26

Fis 303.10

RSA 206:10, I; RSA 210:17, 210:23

Fis 303.11

RSA 206:10, I; RSA 210:23

Fis 303.12

RSA 206:10, I; RSA 210:17; RSA 210:23

Fis 303.13

RSA 206:10, I; RSA 210:23; RSA 212:19

Fis 303.14

RSA 206:10, I ; RSA 210:23

Fis 304.01

RSA 21:34-a, II; RSA 206:10, I; RSA 207:22-c, II(g) and III; RSA 207:23-a, V(a); RSA 207:26

Fis 304.02 - Fis 304.02

RSA 206:10, I; RSA 207:22-c, III and RSA 207:26

Fis 304.03

RSA 206:10, I; RSA 207:22-c, III; RSA 207:26

Fis 304.04

RSA 206:10, I; RSA 207:22-c, III; RSA 207:26

Fis 304.05

RSA 206:10, I; RSA 207:22-c, III

Fis 304.06

RSA 206:10, I; RSA 207:22-c, I

Fis 304.07

RSA 206:10, I; RSA 207:22-c

Fis 304.08

RSA 206:10, I; RSA 207:22-a; RSA 207:23-a, V; RSA 541-A:29;

RSA 641:3

Fis 304.09

RSA 206:10, I; RSA 207:23-a, V(e)

Fis 304.10

RSA 206:10, I; RSA 207:23-a, II; RSA 541-A:29, II(b)

Fis 304.11

RSA 206:10, I; RSA 207:23-a, V(d); RSA 541-A:29

Fis 304.12

RSA 206:10, I; RSA 207:23-a, III; RSA 541

Fis 305.01

RSA 206:10, I

Fis 305.02

RSA 206:10, I; RSA 207:12-a

Fis 306.01

RSA 206:10, I; RSA 206:15-a

Fis 307.01

RSA 206:10, I; RSA 207:3-d, I; RSA 208:2

Fis 307.02

RSA 206:10, I; RSA 207:3-d, I

Fis 307.03

RSA 206:10, I; RSA 207:3-d, 208:1-e, 208:2

Fis 307.04

RSA 206:10, I; RSA 207:3-d, I; RSA 209:12-a, I

Fis 307.05

RSA 206:10, I; RSA 207:3-d; RSA 208:2

Fis 307.06

RSA 206:10, I; RSA 208:8-b

Fis 308.01

RSA 206:10, I; RSA 210:24-b, I

Fis 308.02

RSA 206:10, I; RSA 210:24-b

Fis 308.03

RSA 206:10, I; RSA 210:13; RSA 210:17; RSA 210:24-b, I

Fis 308.04

RSA 206:10, I; RSA 210:24-b

Fis 308.05

RSA 206:10, I; RSA 210:24-b

Fis 308.06

RSA 206:10, I; RSA 210:24-b, I

Fis 308.07

RSA 206:10, I; RSA 210:24-b

Fis 309.01

RSA 206:10, I

Fis 310.01

RSA 206:10, I

Fis 311.01

RSA 206:10, I; RSA 207:12-c

Fis 311.02

RSA 206:10, I; RSA 207:12-c

Fis 311.03

RSA 206:10, I; RSA 207:12-c

Fis 312.01

RSA 206:10, I; RSA 207:8-a; RSA 207:63

Fis 312.02

RSA 206:10, I; RSA 207:8-a; RSA 207:63

Fis 312.03

RSA 206:10, I; RSA 207:8-a; RSA 207:63

Fis 313

RSA 206:10, I; RSA 206:19-b

History

#14409, eff 10-22-25

Chapter Fis 400 Freshwater Fishing Seasons and Rules

Part Fis 401 Chapter Definitions

N.H. Code Admin. R. Ann. Fis 401.01 Chapter Definitions {#sec-fis-401.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 401.01}

(a) “Angling” means “angling” as defined in RSA 207:1, I-a.

(b) “Artificial lure” means any fishing bait constructed by humans as an imitation or substitute for natural bait or fish forage and includes, but is not limited to spinners, spoons, poppers, plugs, jigs, and plastic, rubber, or other artificial imitations of natural bait. “Artificial lure” does not include “fly” as defined in RSA 207:1 VII.

(d) “Bait” means dead or live natural fish food, whether in part or whole, and includes fish, mollusks, crustaceans, amphibians, invertebrates, reptiles, or their progeny or eggs, and power bait or any ingestible substance.

(e) “Black bass” means largemouth bass (Micropterus salmoides) and smallmouth bass (Micropterus dolomieui).

(f) “Cast of artificial flies” means no more than 3 flies.

(g) “Culling” means the act of exchanging a fish for one of the same species already in possession.

(h) “Cusk fishing device” means a device for storing line in a manner which is not free running and is securely attached to said device and to which is attached a sinker weighing at least one ounce not more than 6 inches above, and independent of, an attached single hook with one hook point for the attachment of bait.

(i) “Fly fishing” means fishing by trolling or casting with only fly rod, fly reel, fly line combination, to include Tenkara, with an artificial fly or cast of artificial flies attached and does not include the use of spinning, spincast, and casting rods and reels and lead core lines.

(j) “Ice fishing” means taking freshwater fish during the open season through manmade openings in the ice by the use of ice fishing devices.

(k) “Ice fishing device” means any device used to take fish through the ice including a tip up, jig stick, rod in hand, or handline exclusive of a set line and cusk fishing device.

(l) “Ice-in” means that period when the surface of a body of water or a portion thereof is covered with sufficient ice to safely support a person.

(m) “Manmade opening” means a hole in the ice made by an ice cutting tool, including but not limited to augers, chisels, and saws, that is used for ice fishing and does not include areas that remain ice free due to current and movement created by dock aerators, bubblers, fans, and similar devices.

(n) “Minimum length” means the shortest total length of a fish allowed to be taken. The term includes “minimum total length”.

(o) “Net” means any open fabric constructed of string, cord, thread, or wire knotted or woven together in such a way as to be capable of entraining or entrapping fin fish.

(p) “Personal use” means the utilization by an individual for noncommercial purposes, not for sale or barter.

(q) “Set line” means any unattended line which is placed in the freshwaters of the state, including through the ice, for the purpose of taking fish which is not under the direct view and control of the person placing said line.

(r) “Single hook artificial lure” means an artificial lure with one single hook with not more than 3 hook points.

(s) “Snagging” means the taking or attempting to take any fish by foul hooking, that is, hooking the fish in any part of the body other than inside the mouth. The term includes “snatching” and “lifting”.

(t) “Tandem fly” means 2, single pointed hooks dressed with feathers, hair, thread, tinsel, or any similar material and joined together by a single strand of wire or line, one behind the other to form a single artificial fly to which no spinner, spoon, or similar device is added.

(u) “Tenkara” means a style of fly fishing that uses flies, a telescoping rod of bamboo, fiberglass, or composite material, and a short length of line without backing. This line is attached to the tip of the rod. The rod does not have guides or a reel seat.

(v) “Tip-up” means a fishing device for storing line designed to be set through the ice and to indicate when something has disturbed the bait attached thereto.

(w) “Total length” means the greatest possible length of the fish with mouth closed and caudal, tail, or fin rays squeezed together to give the maximum over-all measurement.

(x) “Tributary” means any waters flowing directly or indirectly into a waterbody.

(y) “Trolling” means angling by trailing a line from a vessel, as defined in RSA 270-D:1, XI, being propelled by machinery, electric, or manual power.

(z) “Trout” means brook (Salvelinus fontinalis), rainbow (Oncorhynchus mykiss), brown (Salmo trutta), and golden trout (Salvelinus alpinus), and all their hybrids.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400); ss by #14418, eff 10-22-25, EXPIRES: 10-22-35

Part Fis 402 General Restrictions

N.H. Code Admin. R. Ann. Fis 402.01 Snagging Prohibited {#sec-fis-402.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.01}

No person shall take any fish from the freshwaters of the state by snagging. Any fish accidentally snagged shall be immediately returned to the water.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 402.02 Culling Prohibited {#sec-fis-402.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.02}

No person shall cull any fish taken from the freshwaters of the state except as permitted under Fis 503.06.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 402.03 Set Line Prohibited {#sec-fis-402.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.03}

No person shall take any fish from the freshwaters of the state by the use of a set line.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 400 and Fis 500) #5016, eff 1-1-91; ss by #6086, eff 1-1-96; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 402.04 Possession Exceeding Daily Bag Limit {#sec-fis-402.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.04}

(a) No person shall have in possession, while fishing a stream, pond, or lake, or when leaving such waters, more than one day's legal bag limit of fish.

(b) Such possession shall be prima facie evidence that those fish exceeding one day's legal bag limit, but less than the 2 day's legal bag limit prohibited by RSA 207:5, were unlawfully taken by the possessor.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 402.05 Closed Waters Near Fish Hatcheries {#sec-fis-402.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.05}

All waters above and below all state fish hatcheries, from a posted point 200 feet upstream, to a posted point 200 feet downstream, shall be closed to all fishing.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 402.06 Release of Fish {#sec-fis-402.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.06}

(a) No live fish shall be released in any waters of the state unless they shall be returned into the waters from where taken, except as permitted by the executive director under a permit to release specified in Fis 805.

(b) No person shall possess any species of live fish except:

(1) As permitted in Fis 402.08;

(2) If the person is participating in a permitted bass tournament or intra-scholastic fishing tournament; or

(3) If the person holds a current aquaculture permit, importation permit, possession permit, or permit to release for the fish in possession.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8119, eff 1-1-05; ss by #9773-A, eff 1-1-11; ss by #10854, eff 6-22-15; ss by #14173, eff 1-9-25, EXPIRES: 1-9-35

N.H. Code Admin. R. Ann. Fis 402.07 Fishways Closed {#sec-fis-402.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.07}

(a) In addition to the restrictions and closures specified in Fis 602.02 the waters surrounding any dam which contains a fishway shall be closed to all fishing as described below:

(1) The Merrimack River as follows:

a. The Amoskeag Dam in Manchester shall be closed to all fishing from the upstream side of the Amoskeag dam to the upstream side of the Amoskeag bridge and the area between the west bank of the river and the island adjacent to the powerhouse for a distance of 500' downstream from the Amoskeag powerhouse and fishway entrance; and

b. The Garvins Falls Dam in Bow shall be closed to all fishing from below the Garvins Falls canal wall, including the fish bypass plunge pool, to a point 300’ downstream to the main river;

(2) The Nashua River as follows:

a. Jackson Mills Dam in Nashua shall be closed to all fishing in the waters between 200 feet above and 200 feet below the dam; and

b. Mine Falls Dam in Nashua shall be closed to all fishing in the waters 200 feet below the dam;

(3) The Pemigewasset River shall be closed to all fishing as follows:

a. From the Ayers Island Dam in Bristol to a point 300 feet downstream delineated by posts set above the high water mark on each bank of the river; and

b. The Eastman Falls Dam in Franklin shall be closed to all fishing 150 feet downstream marked with posts on both sides of the river; and

(4) The Lamprey River as follows:

a. The Wiswall Dam in Durham shall be closed to all fishing in the waters 50 feet above the Wiswall Dam year round and closed to all fishing 200 feet below Wiswall Dam between April 1 and July 31.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91 (from Fis 411.05); EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #7926, eff 1-1-04; amd by #9405, eff 3-7-09; ss by #10095, eff 2-29-12; ss by #12933, eff 11-28-19

N.H. Code Admin. R. Ann. Fis 402.08 Possession and Use of Live Fish for Bait {#sec-fis-402.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.08}

(a) Only the following species shall be possessed and used as live fish for bait when fishing any freshwaters of the state:

(1) Rainbow smelt (Osmerus mordax);

(2) Longnose dace (Rhinichthys cataractae);

(3) Blacknose dace (Rhinichthys atratulus);

(4) Northern redbelly dace (Phoxinus eos);

(5) Lake chub (Couesius plumbeus);

(6) Creek chub (Semotilius atromaculatus);

(7) Fallfish (Semotilius corporalis);

(8) Golden shiner (Notemigonus crysoleucas);

(9) Common shiner (Luxilus cornutus);

(10) Emerald shiner (Notropis atherinoides);

(11) Spottail shiner (Notropis hudsonius);

(12) Silvery minnow (Hybognathus nuchalis);

(13) Creek chubsucker (Erimyzon oblongus);

(14) Longnose sucker (Catostomus catostomus);

(15) White sucker (Catostomus commersonii); and

(16) Killifish/tomcod (Fundulus sp.).

History

#5718, eff 1-1-94; ss by #6086, eff 1-1-96; ss by #6629, eff 1-1-98; ss by #8119, eff 1-1-05; ss by #9249, eff 1-1-09, EXPIRED: 1-1-17
#12510, eff 4-6-18

N.H. Code Admin. R. Ann. Fis 402.09 Bob Houses {#sec-fis-402.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.09}

In addition to the requirements of RSA 211:17-a relative to identification markings on any smelt shanty or bob house, each shanty or bob house shall be marked on the outside approximately halfway up on each side with 12 square inches of reflective material.

History

#8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (formerly Fis 402.10) (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 402.10 Use of Gaff Prohibited {#sec-fis-402.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.10}

No person shall use a gaff in any freshwater of the state to take fish.

History

#9005, eff 1-1-08; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (formerly Fis 402.11) (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 402.11 Trolling Restriction {#sec-fis-402.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.11}

While anglers are being guided, as defined in RSA 207:1, XII and XIII, and taking freshwater fish by trolling, as defined in Fis 401.01(y), the number of lines being used for angling shall not exceed the legal number of lines allowed for each angler, excluding the guide(s).

History

#10007, eff 1-1-12; ss by #12510, eff 4-6-18; ss by #13698, eff 7-26-23 (formerly Fis 402.12) (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 402.12 Marking Prohibited {#sec-fis-402.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 402.12}

No person shall tag, brand, fin clip or otherwise mark any fish taken from the freshwaters of the state prior to release of that fish back into waters of the state without first receiving either a permit to release wildlife pursuant to Fis 805.05 or a scientific license issued pursuant to Fis 1106.01. The executive director and his employees shall not be subject to this restriction while acting in the performance of their official duties.

History

#12106, eff 2-16-17; renumbered by #13698 (formerly Fis 402.13) (see Revision Note #2 at chapter heading for Fis 400)

Part Fis 403 Limits for Particular Species

N.H. Code Admin. R. Ann. Fis 403.01 Statement of Applicability {#sec-fis-403.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.01}

(a) The minimum sizes and daily bag limits specified in this part shall apply:

(1) To all state waters except on boundary waters lying between this state and another state; and

(2) Only during such periods when such waters are open to the taking of fish under Fis 406 and Fis 407.

(b) The minimum size and bag limits for species not listed in this part shall be as specified for specific waterbodies under Fis 406 and Fis 407.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 403.02 General Restrictions for Length Limits {#sec-fis-403.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.02}

Whenever a length limit is specified, the head and tail of the fish shall remain intact while on or leaving the waters of the state.

History

#6086, eff 1-1-96; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 403.03 Black Bass (Micropterus dolomieu, M. salmoides) {#sec-fis-403.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.03}

The daily bag limit for black bass shall be:

(a) From January 1 to May 14, 2 fish;

(b) Between May 15 to June 15, all black bass shall be immediately released unharmed at the site of catch to the waters from which taken; and

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #9773-A, eff 1-1-11; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400); ss by #14173, eff 1-9-25, EXPIRES: 1-9-35

N.H. Code Admin. R. Ann. Fis 403.04 Walleye (Sander vitreous) {#sec-fis-403.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.04}

(a) The daily bag limit for walleye shall be 2 fish.

(b) The minimum length for walleye shall be 18 inches.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 403.05 Other Fish Species {#sec-fis-403.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.05}

(a) The daily limit for yellow perch (Perca flavescens), black crappie (Pomoxis nigromaculatus), and white perch (Morone americana) shall be 25 fish for each species.

(b) The daily limit for sunfish (Lepomis auritus, Lepomis gibbosus, Lepomis macrochirus) shall be 25 fish.

(d) The aggregate daily limit for black crappie, white perch, yellow perch, sunfish, and horned pout shall not exceed 50 fish.

(e) There shall be no length or weight limits for black crappie, white perch, yellow perch, sunfish, and horned pout.

(f) There shall be no limits on number, length, or weight of white suckers (Catostomus commersonii), carp (Cyprinus carpio), cusk (Lota lota), and rock bass (Ambloplite rupestris).

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8119, eff 1-1-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #10541, eff 4-1-14; ss by #10936, eff 1-1-16; ss by #14173, eff 1-9-25, EXPIRES: 1-9-35

N.H. Code Admin. R. Ann. Fis 403.06 Lake Whitefish (Coregonus clupeaformis) {#sec-fis-403.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.06}

(a) The daily bag limit for lake whitefish shall be 2 fish.

(b) There shall be no limits on length or weight of lake whitefish taken.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #12161, eff 4-18-17

N.H. Code Admin. R. Ann. Fis 403.07 American Shad (Alosa sapidissima) {#sec-fis-403.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.07}

American shad (Alosa sapidissima) taken by any method shall be immediately released back into the waters from which it was taken.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10263, eff 1-29-13; ss by #13475, eff 10-28-22

N.H. Code Admin. R. Ann. Fis 403.08 Pickerel (Esox niger, Esox americanus americanus) {#sec-fis-403.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.08}

(a) The daily bag limit for pickerel shall be 10 fish.

(b) There shall be no limits on length or weight of pickerel taken.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; amd by #6086, eff 1-1-96; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 403.09 Northern Pike (Esox lucius) {#sec-fis-403.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.09}

(a) The minimum length for northern pike shall be 28 inches, except in Jericho Lake, Berlin as specified in Fis 406.05(f)(10).

(b) The daily bag limit for northern pike shall be one fish, except in Jericho Lake, Berlin as specified in Fis 406.05(f)(9).

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #7115, eff 9-29-99; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 403.10 Smelt (Osmerus mordax) {#sec-fis-403.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.10}

The daily bag limit for smelt shall be 2 quarts liquid measure of whole, with head and tail intact, freshwater smelt in the 24 hours between 12 o'clock noon one day and 12 o'clock noon the following day except as otherwise provided in Fis 502.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5292, eff 12-20-91; ss by #6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 403.11 Trout {#sec-fis-403.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.11}

The daily limit for trout, as defined in Fis 401.01(z), taken in freshwaters of the state shall not exceed 5 fish or 5 pounds, whether taken from a single waterbody or several waterbodies. More restrictive limits specified in Fis 406 and Fis 407 shall apply to specific waterbodies.

History

#5280, eff 1-1-92; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 403.12 Lake Trout (Salvelinus namaycush) {#sec-fis-403.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.12}

The daily limit for lake trout taken in freshwaters of the state shall not exceed 2 fish whether taken from a single waterbody or several waterbodies. More restrictive limits specified in Parts Fis 406 and Fis 407 shall apply to specific waterbodies.

History

#5280, eff 1-1-92; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400); ss by #14418, eff 10-22-25, EXPIRES: 10-22-35

N.H. Code Admin. R. Ann. Fis 403.13 Salmon (Salmo salar) {#sec-fis-403.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.13}

The daily limit for salmon taken in freshwaters of the state shall not exceed 2 fish whether taken from a single waterbody or several waterbodies. More restrictive limits specified in Parts Fis 406 and Fis 407 shall apply to specific waterbodies.

History

#14418, eff 10-22-25, EXPIRES: 10-22-35

N.H. Code Admin. R. Ann. Fis 403.14 River Herring {#sec-fis-403.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.14}

The Merrimack River and tributaries shall be closed to the taking of alewife (Alosa pseudoharengus) and blueback herring (Alosa aestivalis).

History

#10936, eff 1-1-16; ss by #14173, eff 1-9-25, EXPIRES: 1-9-35; ss by #14418, eff 10-22-25, EXPIRES: 10-22-35 (formerly Fis 403.13)

N.H. Code Admin. R. Ann. Fis 403.15 Round Whitefish (Prosopium cylindraceum {#sec-fis-403.15 omnilex-key=us-nh-regs-official--agency-fis--Fis 403.15}

). Round whitefish (Prosopium cylindraceum) taken by any method shall be immediately released back into the waters from which it was taken.

History

#12161, eff 4-18-17; ss by #14418, eff 10-22-25, EXPIRES: 10-22-35 (formerly Fis 403.14)

Part Fis 405 Methods of Taking

N.H. Code Admin. R. Ann. Fis 405.01 Statement of Applicability {#sec-fis-405.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 405.01}

During the open season, fish shall be taken from the freshwaters of the state only by angling or by ice fishing except as listed below or as specified in RSA 211:9 and 211:2.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 405.02 Black Bass {#sec-fis-405.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 405.02}

(a) In the freshwaters of the state open to the taking of fish, black bass may be taken by angling and ice fishing as follows:

(1) During the period beginning June 16 and ending May 14, black bass may be taken by the use of bait, flies, and artificial lures; and

(2) During the period beginning May 15 and ending June 15, black bass shall be taken only by artificial lures and flies.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 405.03 Carp {#sec-fis-405.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 405.03}

In addition to angling and ice fishing, carp may be taken by bow and arrow with cord attached from the Merrimack River and Mascoma Lake.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 405.04 Cusk Fishing {#sec-fis-405.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 405.04}

(a) In addition to angling and ice fishing, cusk may be taken through the ice by the use of a cusk fishing device as follows:

(1) All cusk fishing devices shall be plainly marked with the name and address of the person setting, using, and having control of it;

(2) The sinker of the cusk fishing device shall rest on the bottom of the waterbody being fished;

(3) A person fishing for cusk through the ice with cusk fishing devices may set such devices and leave them unattended except that once during each 24-hour period said person shall visually inspect the bait end of the line;

(4) While fishing with a cusk fishing device, the angler shall not engage in the activity of "bobbing," or "jigging," or any other activity so as to attract fish by movement of the bait; and

(5) Cusk fishing devices shall only be used in:

a. First Connecticut Lake in Pittsburg;

b. Second Connecticut Lake in Pittsburg;

c. Third Connecticut Lake in Pittsburg;

d. Lake Francis in Pittsburg;

e. Newfound Lake in Bristol, Alexandria, Bridgewater, and Hebron;

f. Silver Lake in Madison;

g. Big Squam Lake in Holderness, Center Harbor, Sandwich, Moultonboro;

h. Little Squam Lake in Holderness and Ashland;

i. South Pond in Stark;

j. Sunapee Lake in Newbury, New London and Sunapee;

k. Wentworth Lake in Wolfeboro;

l. Lake Winnipesaukee in Alton, Center Harbor, Gilford, Laconia, Meredith, Moultonboro, Tuftonboro, and Wolfeboro;

m. Winnisquam Lake in Belmont, Sanbornton, Laconia, Tilton, and Meredith;

n. Merrymeeting Lake in New Durham;

o. Waukewan Lake in Meredith;

p. Lovell Lake in Wakefield;

q. Wentworth Lake in Wolfeboro; and

r. Ossipee Lake in Freedom and Ossipee.

(b) Any fish other than cusk taken on a cusk fishing device shall be immediately liberated by cutting the line without removing the fish from the water.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; ss by #8442, eff 1-1-06; ss by #9249, eff 1-1-09, EXPIRED: 1-1-17
#12510, eff 4-6-18

N.H. Code Admin. R. Ann. Fis 405.05 Smelt {#sec-fis-405.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 405.05}

(a) In accordance with RSA 211:2-e, freshwater smelt shall be taken by angling only, except as otherwise provided in Fis 406, Fis 407, and Fis 502.

(b) Smelt shall not be taken from the freshwaters of the state by any method from March 15 through June 15 except as otherwise provided in Fis 406, Fis 407, and Fis 502.

(c) Each person taking freshwater smelt shall at all times keep their individual take in a separate unbreakable container marked with their name, except that an angler, while actually fishing for a species other than smelt, shall be permitted to keep live bait smelt in an unmarked container.

(d) A person shall not take smelt while using a boat being propelled by mechanical power.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; amd by #5234, eff 1-1-92; ss by #5291, eff 1-1-92; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 405.06 White Suckers {#sec-fis-405.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 405.06}

(a) In addition to angling and ice fishing, white suckers may be taken by hand dip nets not over 18 inches in diameter, drop nets not over 48 inches in diameter, or spears or bow and arrow with cord attached, in accordance with RSA 211:9, between March 1 and May 31, except as otherwise provided in Fis 406 and Fis 407.

(b) In addition to angling and ice fishing, white suckers may be taken for personal use as bait by use of traps, in accordance with RSA 211:9, made of wire slats not more than 50 inches long nor more than 30 inches wide, with an aperture for the entrance of fish no smaller than 3 and 1/2 inches in diameter, except as otherwise provided in Fis 406 and Fis 407. No more than 2 traps shall be used by a licensed fisherman, and all bait traps, holding boxes, or other receptacles shall be plainly marked with the name and address of the owner and user.

(c) White suckers taken by spear or bow and arrow shall be suitably disposed of and not left in, or adjacent to, the body of water so as to create a nuisance, odor, or pollution of the body of water.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; amd by #5718, eff 1-1-94; ss by #6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #10936, eff 1-1-16; ss by #14173, eff 1-9-25, EXPIRES: 1-9-35

N.H. Code Admin. R. Ann. Fis 405.07 Hooks or Other Devices for Attachment of Bait {#sec-fis-405.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 405.07}

(a) While ice fishing, only a single hook with a single hook point, per ice fishing device, shall be used for bait.

(b) Except as specified in Fis 406.04(a) and 407.03(f) while taking fish in open water, 2 hooks may be used with bait per line, one with a single hook point and the other with no more than 3 hook points.

History

#6086, eff 1-1-96; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #8671, eff 1-1-07; ss by #9773-A, eff 1-1-11; ss by #12510, eff 4-6-18

Part Fis 406 Specific Rules for Ponds and Lakes and Their Tributaries

N.H. Code Admin. R. Ann. Fis 406.01 Ponds, Lakes, and Tributaries {#sec-fis-406.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 406.01}

(a) The taking of fish from a lake or pond or a tributary as named in Table 400.1 below shall be subject to all of the following restrictions:

(1) All of the general restriction provisions of Fis 402;

(2) All of the limits for particular species contained in Fis 403;

(3) The methods of taking contained in Fis 405, unless a more restrictive provision appears in the table below;

(4) Unless a different rule provision is cited in the table below, the restrictions for a lake or pond as set forth in Fis 406.05(a); and

(5) Unless a different rule provision is cited in the table below, the restrictions for a tributary as set forth in Fis 406.06(a).

(b) Commercial or organized activities conducted upon any lake or pond or its tributaries listed in Table 400.1 below shall also be subject to the rules specified in Fis 500.

Table 400.1 PONDS AND LAKES TABLE

POND/LAKE NAME(S)

TOWN(S)

POND RULES,

Fis 406.05(a), unless otherwise noted

TRIBUTARY RULES, Fis 406.06(a), unless otherwise noted

Adder/Hopkins Pond

Andover

Fis 406.02(a)

Airport Pond

Whitefield

Fis 406.02(a)

Archery Pond

Allenstown

Fis 406.03(c)

Back Lake

Pittsburg

Fis 406.02(a)

Barbadoes Pond

Madbury

Fis 406.02(a)

Basin Pond

Chatham

Fis 406.02(a)

Bear Brook Pond, Big Bear

Errol

Fis 406.02(a)

Bear Brook Pond, Little Bear

Wentworth Location

Fis 406.03(a)

Belknap Recreation Area Pond

Gilford

Fis 406.02(a)

Big Brook Bog

Pittsburg

Fis 406.03(a)

Black Mountain Pond

Sandwich

Fis 406.02(a)

Black Pond

Lincoln

Fis 406.02(a)

Blue Pond

Madison

Fis 406.02(a)

Bog, Little/Fourteen &

Half Pond

Odell

Fis 406.02(a)

Boundary Pond

Pittsburg

Fis 406.03(a)

Bragg Pond

Millsfield

Fis 406.02(a)

Butterfield Pond

Wilmot

Fis 406.02(a)

Campton Pond/Unnamed

Campton

Fis 407.02(e)

Carr Pond

Clarksville

Fis 406.02(a)

Carter Pond

Bean's Purchase

Fis 406.02(a)

Center Pond

Nelson

Fis 406.02(a)

Chapin Pond

Newport, Claremont

Fis 406.03(a)

Clarksville Pond

Clarksville

Fis 406.03(a)

Clough Pond

Loudon

Fis 406.02(a)

Coldrain Pond

New Durham

Fis 406.03(a)

Cold Spring/Abbott

Forest Pond

Stoddard

Fis 406.02(a)

Cole Pond

Enfield

Fis 406.03(b)

Connecticut Lake, 1

Pittsburg

Fis 406.04(c)

Connecticut River

Fis 407.01(a)

Connecticut Lake, 2

Pittsburg

Fis 406.04(c)

Connecticut Lake, 3

Pittsburg

Fis 406.04(c)

Conservation Pond

Wentworth

Fis 406.02(a)

Conway Lake

Conway, Eaton

Fis 406.04(k)

Coon Brook Bog

Pittsburg

Fis 406.03(a)

Conner Pond

Ossipee

Fis 406.02(a)

Corser Pond

Errol

Fis 406.02(a)

Cranberry Bog Pond

Columbia

Fis 406.02(a)

Dan Hole Pond, Big

Ossipee, Tuftonboro

Fis 406.04(c)

Deering Reservoir

Deering

Fis 406.05(d)

Fis 406.06(b)

Devils Washbowl

Odell

Fis 406.03(a)

Diamond Pond, Big

Stewartstown

Fis 406.04(c)

Diamond Pond, Little

Stewartstown

Fis 406.02(a)

Dublin Lake/Monadnock Pond

Dublin

Fis 406.02(a)

Dummer Pond, Big

Dummer

Fis 406.02(a)

Dummer Pond, Little

Dummer

Fis 406.02(a)

Duncan Lake

Ossipee

Fis 406.02(a)

Dustin Pond

Wentworth's Location

Fis 406.02(a)

East Inlet

Pittsburg

Fis 406.02(a)

Echo Lake

Franconia

Fis 406.02(a)

Ethan/Willey Pond

Bethleham

Fis 406.07(a)

Exeter Reservoir/Water

Works Pond

Exeter

Fis 406.02(a)

Falls Pond

Albany

Fis 406.02(a)

Ferrin Pond

Weare

Fis 406.02(a)

Flat Mountain Pond

Waterville

Fis 406.02(a)

Four Mile Pond

Dix's Grant

Fis 406.02(a)

Francis Lake

Pittsburg

Fis 406.04(c)

Connecticut River

Clarksville

Fis 407.01

French Pond

Henniker

Fis 406.02(a)

Gilmore Pond

Jaffrey

Fis 406.02(a)

Gould Pond

Hillsboro

Fis 406.05(a)

Sand Brook

Hillsboro

Fis 407.01

Granite Lake/Munsonville Pond

Nelson, Stoddard

Fis 406.04(c)

Greely Pond, Upper

Livermore

Fis 406.02(a)

Greenough Pond, Big

Wentworth Location

Fis 406.04(a)

Greenough Pond, Little

Wentworth Location

Fis 406.07(a)

Guinea Pond

Sandwich

Fis 406.02(a)

Halfmile Pond

Enfield

Fis 406.02(a)

Hall Pond, Lower

Sandwich

Fis 406.02(a)

Hall Pond, Middle

Sandwich

Fis 406.02(a)

Hall Pond, Upper

Sandwich

Fis 406.03(b)

Harris Pond

Pittsburg

Fis 406.02(a)

Hatch/Hidden Pond

Eaton

Fis 406.02(a)

Hellgate Pond

Second College Grant

Fis 406.02(a)

Hopkins Pond/Adder

Andover

Fis 406.02(a)

Hot Hole Pond

Loudon, Concord

Fis 406.02(a)

Hoyt's Pond

Madbury

Fis 406.03(a)

Hunkins Pond

Sanbornton

Fis 406.02(a)

Hunts Pond

Hancock

Fis 406.02(a)

Jacquith Pond

Pittsburg

Fis 406.02(a)

Jericho Lake

Berlin

Fis 406.05 (f)

Jones Pond

Middleton

Fis 406.03(c)

Judd Pond

Clarksville

Fis 406.02(a)

Kiah Pond

Sandwich

Fis 406.02(a)

Lime Pond

Columbia

Fis 406.03(b)

Lonesome Lake

Lincoln

Fis 406.02(a)

Long Pond

Eaton

Fis 406.02(a)

Long Pond

Errol

Fis 406.02(a)

Long Pond

Benton

Fis 406.02(a)

Long Pond

Croydon

Fis 406.02(a)

Long Pond

Lempster

Fis 406.02(a)

Long Pond

Millsfield

Fis 406.02(a)

Lucas Pond

Northwood

Fis 406.02(a)

Manning Lake/Guinea Pond

Gilmanton

Fis 406.05(d)

Fis 406.06(b)

Meader Pond/Wachipauka Lake

Warren

Fis 406.02(a)

Merrymeeting Lake

New Durham

Fis 406.04(a)

Middle Pond

Pittsburg

Fis 406.02(a)

Millen Lake

Washington

Fis 406.02(a)

Millsfield Pond, Big

Millsfield

Fis 406.02(a)

Millsfield Pond, Little/Moose

Millsfield

Fis 406.03(a)

Mirror Lake

Whitefield, Dalton

Fis 406.02(a)

Moose Falls Flowage

Pittsburg

Fis 406.02(a)

Moose Pond

Pittsburg

Fis 406.03(a)

Morey Pond

Andover

Fis 406.02(a)

Mountain Pond

Brookfield

Fis 406.02(c)

Mountain Pond

Lyman

Fis 406.02(a)

Mountain Pond

Chatham

Fis 406.02(a)

Mt. Williams Pond

Weare

Fis 406.02(a)

Mud Pond

Easton

Fis 406.02(a)

Munn Pond

Errol

Fis 406.02(a)

Nathan Pond

Dixville

Fis 406.02(a)

Newfound Lake

Bristol, Alexandria,

Bridgewater, Hebron

Fis 406.04(b)

Nubanusit Lake

Hancock, Nelson

Fis 406.04(c)

Oliverian Pond

Benton

Fis 406.02(a)

Orange Pond

Orange

Fis 406.02(a)

Ossipee Lake

Including Berry Bay,

Broad Bay, and

Leavitt Bay

Ossipee, Freedom

Fis 406.04(j)

Pea Porridge Pond

Madison

Fis 406.05(d)

Fis 406.06(b)

Peaked Hill Pond

Thornton

Fis 406.02(a)

Fis 406.06(a)

Perch Pond

Campton

Fis 406.02(a)

Perry Pond

Pittsburg

Fis 406.03(a)

Phillips Pond

Odell

Fis 406.03(a)

Pike Pond

Stark

Fis 406.02(a)

Pleasant Lake

New London

Fis 406.02(b)

Pleasant/Waukeena Pond

Danbury

Fis 406.02(a)

Pond of Safety

Randolph

Fis 406.02(a)

Profile Lake

Franconia

Fis 406.03(b)

Province Pond

Chatham

Fis 406.02(a)

Rand Pond

Goshen

Fis 406.02(a)

Round Pond

Pittsburg

Fis 406.02(a)

Russell Pond

Woodstock

Fis 406.02(a)

Rust Pond

Wolfeboro

Fis 406.05(d)

Saco Lake

Carroll

Fis 406.03(a)

Saltmarsh Pond

Gilford

Fis 406.02(a)

Sand Pond/Echo Lake

Lempster, Marlow

Fis 406.02(a)

Sandy Pond

Richmond

Fis 406.05(d)

Fis 406.06(b)

Sawyer Pond, Big

Livermore

Fis 406.02(a)

Sawyer Pond, Little

Livermore

Fis 406.02(a)

Scotts Bog

Pittsburg

Fis 406.03(a)

Sessions Pond

Dummer

Fis 406.02(a)

Shaw Pond

Franklin

Fis 406.02(a)

Shawtown/Shaw Pond

Freedom

Fis 406.03(b)

Sheehan Flowage Pond

Clarksville

Fis 406.02(a)

Shoal Pond

Lincoln

Fis 406.07(a)

Signal Pond

Errol

Fis 406.02(a)

Silver Lake

Madison

Fis 406.04(a)

Silver Lake

Harrisville, Nelson

Fis 406.04(c)

Simmons Pond

Warner

Fis 406.02(a)

Sky Pond

New Hampton

Fis 406.03(b)

Smith Pond

Washington

Fis 406.02(a)

Solitude Lake

Newbury

Fis 406.02(a)

South Pond

Stark

Fis 406.05(g)

Spectacle Pond

Groton, Hebron

Fis 406.02(a)

Spofford Lake

Chesterfield

Fis 406.05(b)

Fis 406.06(c)

Spoonwood Lake

Nelson

Fis 406.02(a)

Squam Lake, Big

Including the Squam Channel

Holderness, Center

Harbor, Sandwich,

Moultonborough

Fis 406.04(g)

Squam Lake, Little Including the Squam River above the outlet dam in Ashland

Holderness, Ashland

Fis 406.04(a)

Stacy/Trout Pond

Freedom

Fis 406.02(a)

Star Lake

Springfield

Fis 406.05(c)

Fis 406.06(c)

Stirrup Iron Pond

Salisbury

Fis 406.03(a)

Stone Pond

Marlborough, Dublin

Fis 406.02(a)

Stonehouse Pond

Barrington

Fis 406.03(a)

Stratford Bog Pond

Stratford

Fis 406.02(a)

Stub Hill Pond

Pittsburg

Fis 406.02(a)

Success Pond

Success

Fis 406.02(a)

Sunapee Lake

Newbury, New London,

Sunapee

Fis 406.04(i)

Fis 406.06(e)

Suncook Lake

Barnstead

Fis 406.05(d)

Fis 406.06(b)

Sunset Lake/Places Pond

Alton, Gilmanton

Fis 406.05(d)

Fis 406.06(b)

Swains Pond

Wentworth

Fis 406.02(a)

Swanzey Lake

Swanzey

Fis 406.02(a)

Sweat Pond

Errol

Fis 406.02(a)

Three Ponds, Lower

Ellsworth, Warren

Fis 406.02(a)

Three Ponds, Middle

Ellsworth, Warren

Fis 406.02(a)

Three Ponds, Upper

Ellsworth, Warren

Fis 406.02(a)

Trio Pond, Lower 1&2

Odell

Fis 406.02(a)

Trio Pond, Upper 3

Odell

Fis 406.03(a)

Trout Pond

Lyme

Fis 406.02(a)

Unknown Pond

Pittsburg

Fis 406.03(a)

Waukewan Lake/Measley Pond

Meredith,

New Hampton

Fis 406.05(e)

Fis 406.06(a)

Webster Lake

Franklin

Fis 406.05(d)

Fis 406.06(b)

West Branch Pond/Terrill Dam

Pittsburg

Fis 406.03(a)

Fis 406.06(a)

Whitcomb Pond

Odell

Fis 406.02(a)

White Pond

Wilmot

Fis 406.02(a)

White Pond

Ossipee

Fis 406.03(a)

Whittemore Lake

Bennington, Greenfield

Fis 406.02(a)

Willard Pond

Antrim

Fis 406.03(a)

Winnipesaukee Lake

Alton, Center Harbor,

Gilford, Laconia,

Meredith,

Moultonborough,

Tuftonboro, Wolfeboro

Fis 406.04(f)

Front Bay, also

known as Back Bay

from the Main St

Bridge to the dam

at Berry's Mill

Wolfeboro

Fis 406.04(a)

Except:

the lake area within

500 ft of the Smith River and 500 feet on either side of the Main St Bridge in Wolfeboro

Fis 406.04 (f)

Paugus Bay

Fis 406.04(d)

Weirs Channel

Fis 406.04(e)

Merrymeeting River (tributary)

Fis 407.01

Winnisquam Lake

Belmont, Sanbornton,

Laconia, Tilton,

Meredith

Fis 406.04(h)

Fis 406.06(a)

Winnipesaukee River

Fis 407.01

Winona Lake

Meredith,

New Hampton,

Center Harbor

Fis 406.05(e)

Fis 406.06(a)

Wright Pond

Pittsburg

Fis 406.03(a)

York Pond

Berlin

Fis 406.05(c)

Fis 406.06(d)

All other ponds & lakes

Fis 406.05(a)

Fis 406.06(a)

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by #5291, eff 1-1-92; ss by #5718, eff 1-1-94; amd by #6115, eff 11-22-95; amd by #6086, eff 1-1-96; ss by #6629, eff 1-1-98; amd by #7582, eff 1-1-02; amd by #7763, eff 1-1-03; amd by #7926, eff 1-1-04; amd by #8119, eff 1-1-05; ss by #8442, eff 1-1-06; amd by #8671, eff 1-1-07; amd by #9005, eff 1-1-08; amd by #9249, eff 1-1-09; amd by #9773-A, eff 1-1-11; amd by #10007, eff 1-1-12; ss by #10425, eff 1-1-14; amd by #10936, eff 1-1-16; ss by #12933, eff 11-28-19; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 406.02 Trout Waters {#sec-fis-406.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 406.02}

(a) The taking of fish from this waterbody as referenced in Table 400.01 in Fis 406.01(d) shall be subject to the following restrictions:

(1) This waterbody shall be managed as trout water;

(2) The open season for taking all species except salmon and smelt shall be from the 4th Saturday in April through October 15;

(3) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(4) The open season for taking smelt shall be June 16 through October 15;

(5) The open season for taking salmon shall be from the 4th Saturday in April to September 30;

(6) The daily bag limit for salmon shall be 2 fish;

(7) The minimum length for salmon shall be 15 inches;

(8) The use of live fish, or the eggs thereof, for bait shall be prohibited, however the use of salmon eggs shall be permitted; and

(9) The daily limit for all other species shall be as provided in Fis 403.

(b) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be subject to the restrictions in Fis 406.02(a) except that the use or possession of live rainbow smelt (Osmerus mordax) for bait shall be permitted.

(c) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking all species except smelt shall be from the 4th Saturday in April through October 15th;

(3) The open season for taking smelt shall be June 16 through October 15;

(4) No person shall take brook trout 12 to 16 inches in length. All brook trout 12 to 16 inches in length shall be immediately released unharmed into the waters from which taken;

(5) The daily limit for brook trout shall be 2 fish of which only one may be over 16 inches;

(6) Only single hook artificial lures and flies shall be used and all hooks shall be barbless or have all barbs pinched; and

(7) The daily limit for all other species shall be as provided in Fis 403.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by #5291, eff 1-1-92; ss by #5718, eff 1-1-94; ss by #6432, eff 1-21-97; ss by #6629, eff 1-1-98; amd by #7926, eff 1-1-04; amd by #8119, eff 1-1-05; ss by #8442, eff 1-1-06; amd by #9005, eff 1-1-08; amd by #9249, eff 1-1-09; amd by #9773-A, eff 1-1-11; ss by #10007, eff 1-1-12; ss by #12510, eff 4-6-18

N.H. Code Admin. R. Ann. Fis 406.03 Fly-Fishing Waters {#sec-fis-406.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 406.03}

(a) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking all species, except salmon and smelt, shall be from the 4th Saturday in April through October 15 by fly fishing only;

(3) The open season for taking smelt shall be June 16 through October 15 and shall be by fly fishing only;

(4) The daily limit for brook trout shall be 5 fish or a total of 5 pounds of fish whichever limit shall first be reached; and

(5) The daily limit for all other species shall be as provided in Fis 403.

(b) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking all species except smelt shall be from the 4th Saturday in April through October 15 by fly fishing only;

(3) The open season for taking smelt shall be June 16 through October 15 and shall be by fly fishing only;

(4) No person shall take brook trout 12 to 16 inches in length. All brook trout 12 to 16 inches in length shall be immediately released unharmed into the waters from which taken;

(5) The daily limit for brook trout shall be 2 fish of which only one may be over 16 inches; and

(6) The daily limit for all other species shall be as provided in Fis 403.

(c) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(d) shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking all species except salmon and smelt shall be from the 4th Saturday in April through October 15 by fly fishing only;

(3) Fishing through the ice, from the ice, or from any object supported by the ice shall be prohibited;

(4) The open season for taking smelt shall be June 16 through October 15 and shall be by fly fishing only;

(5) The daily limit for brook trout shall be 2 fish; and

(6) The daily limit for all other species shall be as provided in Fis 403.

History

#6629, eff 1-1-98; amd by #7926, eff 1-1-04; ss by #8442, eff 1-1-06; ss by #8671, eff 1-1-07; amd by #9773-A, eff 1-1-11; ss by #10007, eff 1-1-12; ss by #12510, eff 4-6-18

N.H. Code Admin. R. Ann. Fis 406.04 Lake Trout and Salmon Waters {#sec-fis-406.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 406.04}

(a) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the following restrictions:

(1) This waterbody shall be managed for lake trout and salmon;

(2) The open season for taking fish shall be all year round subject to the following restrictions:

a. From January 1 to March 31, the waterbody shall be open to the taking of all species, except salmon and smelt, subject to the following restrictions:

Fish shall only be taken by ice fishing;
The combined daily bag limit for all trout species shall be 2 fish;
The daily bag limit for lake trout shall be 2 fish;
Only one hook with bait, as described in Fis 405.07(a), or an artificial lure or flies may be used to take fish through the ice; and
No more than 2 ice fishing devices shall be used, except that in addition, a person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04;

b. From April 1 through September 30, the waterbody shall be open to the taking of all species, except smelt, by all legal methods. The combined daily bag limit for salmon and trout shall be 2 fish;

c. From October 1 through December 31, the waterbody shall be open to the taking of all species except lake trout, brook trout, salmon and lake whitefish;

d. From October 1 through December 31, trolling to take fish shall be prohibited;

e. From April 1 to December 31, no person shall take fish through the ice, from the ice, or supported by the ice;

f. The open season for taking smelt shall be from June 16 through March 14; and

g. When trolling to take fish:

Only one artificial lure, one fly, one tandem fly, or one bait shall be used per rod; and
Only a single hook with a single hook point shall be used with bait;

(3) The minimum length for trout and salmon shall be 15 inches;

(4) The minimum length for lake trout shall be 15 inches; and

(5) For all species other than trout, lake trout, and salmon, the limits and methods of taking shall be as provided in Fis 403 and Fis 405.

(b) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the restrictions specified in Fis 406.04(a) except:

(1) The minimum length for lake trout shall be 15 inches; and

(2) The areas of the lake that lie within 500 feet of Cockermouth River and Fowler River shall be closed to all fishing from October 16 through December 31.

(c) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the following restrictions:

(1) This waterbody shall be managed for lake trout, salmon, or both;

(2) The open season for taking fish shall be all year round subject to the following restrictions:

a. From January 1 to March 31, the waterbody shall be open to the taking of all species, except salmon and smelt, subject to the following restrictions:

Fish shall only be taken by ice fishing;
The combined daily bag limit for all trout species shall be 2 fish;
Only one hook with bait, as described in Fis 405.07(a), or an artificial lure or flies may be used to take fish through the ice; and
No more than 2 ice fishing devices shall be used, except that in addition, a person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04;

b. From April 1 through September 30, the waterbody shall be open to the taking of all species, except smelt, by all legal methods. The combined daily bag limit for salmon and trout shall be 4 fish, of which no more than 2 fish may be salmon. The daily bag limit for lake trout shall be 2 fish;

c. From October 1 through December 31, the waterbody shall be open to the taking of all species except lake trout, trout, salmon, and lake whitefish;

d. From October 1 through December 31, trolling to take fish shall be prohibited;

e. From April 1 to December 31, no person shall take fish through the ice, from the ice, or supported by the ice; and

f. The open season for taking smelt shall be from June 16 through March 14;

(3) The minimum length for salmon shall be 15 inches;

(4) The minimum length for lake trout shall be 15 inches;

(5) Yellow perch shall not be used for bait; and

(6) For all species other than trout, lake trout, and salmon, the limits and methods of taking shall be as provided in Fis 403 and Fis 405.

(d) This waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for lake trout, salmon, or both and, in addition to the restrictions in Fis 406.04(a), the area of Paugus Bay which lies between the railroad trestle which crosses Paugus Bay at its south end and the Lakeport Dam in the city of Laconia shall be closed to all fishing October 1 to March 31.

(e) This waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for lake trout, salmon, or both and, in addition to the restrictions in Fis 406.04(a), the area of open water that is not normally covered by ice in winter at the Weirs channel shall be closed to all fishing from October 1 to March 31.

(f) This waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for lake trout, salmon, or both, and, in addition to the restrictions in Fis 406.04(a), the following areas of the lake shall be closed to all fishing October 16 through December 31:

(1) The lake area within 500 feet of Gunstock River, Poor Farm Brook, Melvin River, Merrymeeting River, Mink Brook, and Smith River; and

(2) The lake area of Lake Winnipesaukee 500 feet on either side of the Main Street bridge in Wolfeboro.

(g) This waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for lake trout, salmon, or both and, in addition to the restrictions in Fis 406.04(a), the area of the lake that lies within 500 feet of Barville Brook shall be closed to all fishing from October 16 through December 31.

(h) This waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for lake trout, salmon, or both and, in addition to the restrictions in Fis 406.04(a), the area of the lake that lies within 500 feet of Winnipesaukee River shall be closed to all fishing from October 16 through December 31.

(i) This waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for lake trout, salmon, or both and, in addition to the restrictions in Fis 406.04(a), the area of the lake that lies within 500 feet of Otter Brook shall be closed to all fishing from October 16 through December 31.

(j) This waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for lake trout, salmon, or both and, in addition to the restrictions in Fis 406.04(a), the area of the lake that lies within 500 feet of Bearcamp River shall be closed to all fishing from October 16 through December 31.

(k) This waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for lake trout, salmon, or both and, in addition to the restrictions in Fis 406.04(a), the area of the lake that lies within 500 feet of the outlet dam shall be closed to all fishing from October 16 through December 31.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by #5291, eff 1-1-92; ss by #5718, eff 1-1-94; amd by #6086, eff 1-1-96; ss by #6432, eff 1-21-97; ss by #6629, eff 1-1-98; amd by #6714, eff 3-11-98; amd by #7926, eff 1-1-04; amd by #8119, eff 1-1-05; ss by #8442, eff 1-1-06; amd by #8671, eff 1-1-07; amd by #9773-A, eff 1-1-11; ss by #10425, eff 1-1-14; ss by #12161, eff 4-18-17; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400); ss by #14418, eff 10-22-25, EXPIRES: 10-22-35

N.H. Code Admin. R. Ann. Fis 406.05 Other Waterbodies {#sec-fis-406.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 406.05}

(a) The taking of fish from this waterbody, as referenced in Table 400.1 in Fis 406.01(b), shall be subject to the following restrictions:

(1) The waterbody shall be open to the taking of all species, except salmon, lake trout, and smelt, all year round by all legal methods;

(2) The open season for taking smelt shall be June 16 through March 14;

(3) The open season for taking salmon shall be April 1 through September 30;

(4) The open season for taking lake trout shall be January 1 through September 30;

(5) The daily bag limit for salmon and lake trout shall be no more than 2 fish each;

(6) The minimum length for salmon shall be 15 inches;

(7) The daily limit for trout in open water shall be 5 fish or 5 pounds of fish, whichever limit shall first be reached, and 2 fish through the ice;

(8) The minimum length for lake trout shall be 15 inches;

(9) The daily limit for all other species shall be as provided in Fis 403; and

(10) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except that in addition, a person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04.

(b) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the following restrictions:

(1) This waterbody shall be closed to the taking of all fish October 16 through March 31;

(2) The open season for taking all species except smelt shall be from April 1 through October 15;

(3) From April 1 through October 15, no person shall take fish through the ice, from the ice, or from any object supported by the ice;

(4) The open season for taking smelt shall be June 16 through October 15;

(5) The daily limit for trout shall be 2 fish; and

(6) The daily limit for all other species shall be as provided in Fis 403.

(d) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the following restrictions:

(1) The waterbody shall be open to the taking of all species, except salmon, lake trout, and smelt, all year round by all legal methods;

(2) The open season for taking salmon shall be April 1 through September 30;

(3) The open season and methods for taking smelt shall be as follows:

a. From June 16 through March 14, smelt shall be taken by angling only; and

b. From March 15 through April 30, smelt shall only be taken:

By means of a dip net not over 18 inches in diameter; and
Between the hours of sunset and 12 midnight;

(4) The daily limit for trout in open water shall be 5 fish or 5 pounds of fish, whichever limit shall first be reached, and 2 fish through the ice;

(5) The daily limit for all other species shall be as provided in Fis 403; and

(6) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except that in addition, a person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04.

(e) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the following restrictions:

(1) The waterbody shall be open to the taking of all species, except salmon, lake trout, and smelt, all year round by all legal methods;

(2) The open season for taking salmon shall be April 1 through September 30;

(3) The open season for taking lake trout shall be January 1 through September 30;

(4) The daily limit for salmon and lake trout shall be no more than 2 fish each;

(5) The minimum length for salmon shall be 15 inches;

(6) The daily limit for trout shall be 2 fish;

(7) The open season for taking smelt shall be June 16 through March 14;

(8) The minimum length for lake trout shall be 15 inches;

(9) The daily limit for all other species shall be as provided in Fis 403; and

(10) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except that in addition, a person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04.

(f) The taking of fish from this waterbody, as referenced in Table 400.1 in Fis 406.01(b), shall be subject to the following restrictions:

(1) The waterbody shall be open to the taking of all species, except salmon, lake trout, and smelt, all year round by all legal methods;

(2) The open season for taking smelt shall be June 16 through March 14;

(3) The open season for taking salmon shall be April 1 through September 30;

(4) The open season for taking lake trout shall be January 1 through September 30;

(5) The daily bag limit for salmon and lake trout shall be no more than 2 fish each;

(6) The minimum length for salmon shall be 15 inches;

(7) The daily limit for trout in open water shall be 5 fish or 5 pounds of fish, whichever limit shall first be reached, and 2 fish through the ice;

(8) The minimum length for lake trout shall be 15 inches;

(9) The daily limit for all other species shall be as provided in Fis 403, except the daily limit for northern pike shall be 3 fish;

(10) The minimum length for northern pike shall be 20 inches; and

(11) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except that in addition, a person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04.

(g) The taking of fish from this waterbody, as referenced in Table 400.1 in Fis 406.01(b), shall be subject to the following restrictions:

(1) The waterbody shall be open to the taking of all species, except salmon, lake trout, and smelt, all year round by all legal methods;

(2) The open season for taking smelt shall be June 16 through March 14;

(3) The open season for taking salmon shall be April 1 through September 30;

(4) The open season for taking lake trout shall be January 1 through September 30;

(5) The daily bag limit for salmon and lake trout shall be no more than 2 fish each;

(6) The minimum length for salmon shall be 15 inches;

(7) The daily limit for trout in open water shall be 5 fish or 5 pounds of fish, whichever limit shall first be reached, and 2 fish through the ice;

(8) The minimum length for lake trout shall be 15 inches;

(9) The daily limit for all other species shall be as provided in Fis 403; and

(10) No more than 6 ice fishing devices shall be used to take fish while ice fishing, except that in addition, a person may use 6 cusk fishing devices to take cusk as specified in Fis 405.04.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by #5291, eff 1-1-92; ss by #5718, eff 1-1-94; amd by #5757, eff 1-1-94; ss by #6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #7115, eff 9-29-99; amd by #7582, eff 1-1-02; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; amd by #9249, eff 1-1-09; amd by #9773-A, eff 1-1-11; ss by #10007, eff 1-1-12; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400); ss by #14418, eff 10-22-25, EXPIRES: 10-22-35

N.H. Code Admin. R. Ann. Fis 406.06 Tributaries to Lakes and Ponds {#sec-fis-406.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 406.06}

(a) Tributaries to this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be managed for trout subject to the following restrictions:

(1) The open season for taking of all species, except salmon and smelt, shall be January 1 through October 15;

(2) The daily limit for trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(3) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(4) Open season for taking salmon shall be from April 1 through September 30;

(5) The daily bag limit for salmon shall be 2 fish;

(6) The minimum length for salmon shall be 15 inches;

(7) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited; and

(8) The daily limit for all other species shall be as provided in Fis 403.

(b) Tributaries to this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall:

(1) Be subject to the restrictions in paragraph (a) above; and

(2) Be open to the taking of smelt from March 15 through April 30 as follows:

a. By means of a dip net, not over 18 inches in diameter;

b. Freshwater smelt shall only be taken between the hours of sunset and 12 midnight; and

c. The daily limit for smelt shall be 2 quarts liquid measure of whole, with head and tail intact, freshwater smelt.

(d) Tributaries to this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the restrictions in paragraph (a) above, except tributaries within the boundaries of the York Pond fish hatchery shall be closed to all fishing.

(e) Tributaries to this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the restrictions in paragraph (a) above, except that all tributaries shall be closed to all fishing from October 16 through May 31.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by #5291, eff 1-1-92; ss by #5718, eff 1-1-94; ss by #6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #8442, eff 1-1-06; amd by #9249, eff 1-1-09; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 406.07 Wild Trout Waters {#sec-fis-406.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 406.07}

(a) The taking of fish from this waterbody as referenced in Table 400.1 in Fis 406.01(b) shall be subject to the following restrictions:

(1) The open season for taking all species shall be the 4th Saturday in April through Labor Day;

(2) Only single hook artificial lures and flies shall be used and all hooks shall be barbless or have all barbs pinched; and

(3) All fish shall be immediately released unharmed to the water.

History

#7763, eff 1-1-03; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

Part Fis 407 Specific Rules for Streams and Rivers

N.H. Code Admin. R. Ann. Fis 407.01 Applicability {#sec-fis-407.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 407.01}

(a) The taking of fish from a river or stream as named in Table 400.2 below shall be subject to the limitations noted in the table and all of the following restrictions:

(1) All of the general restriction provisions of Fis 402;

(2) All of the limits for particular species contained in Fis 403; and

(3) The methods of taking contained in Fis 405, unless a more restrictive provision appears in the table below.

(b) Commercial or organized activities conducted upon any river or stream including those listed in Table 400.2 shall also be subject to the rules specified in Fis 500.

Table 400.2 RIVERS AND STREAMS TABLE

STREAM/RIVER NAMES(S)

TOWN(S)

LIMITATIONS

Alder Brook

Second College Grant

Fis 407.04 (a)

Androscoggin River

from Errol dam to the markers

at the dead water at Bragg Bay

Errol

Fis 407.02 (c)

from Bragg Bay to the

Dummer-Cambridge town line

Errol, Cambridge

Fis 407.02 (e)

from the Dummer-Cambridge town

line to the Pontook Dam

Dummer

Fis 407.03 (a)

from the Pontook Dam to

Wheeler Bay in Dummer at 44^o36.9011’N 71^o 13.3816’W to 44^o 36.9341’N 71^o 13.4449’W using WGS84 map datum

Dummer

Fis 407.02 (e)

Wheeler Bay in Dummer including the outflow from the power canal, to the

Sawmill Dam in Berlin.

Dummer, Milan, Berlin

Fis 407.02(f)

Sawmill Dam in Berlin to

the ME/NH boundary

Berlin

Fis 407.03(d)

Ammonoosuc River, except:

Fis 407.02(e)

from the Apthorp Dam in

Littleton to the confluence with

the Connecticut River in Bath

Woodsville

Littleton, Lisbon

Landaff, Bath,

Woodsville

Fis 407.02 (f)

Ashuelot River, except:

Fis 407.02(e)

Surry Mountain Reservoir

Surry

Fis 406.05(a)

Ashuelot River, S. Branch, except:

Fis 407.02(e)

from Old Richmond Road Bridge, E Swanzey to Marlborough Road Bridge, Troy

Swanzey, Troy

Fis 407.02(a)

Bearcamp River, except:

Fis 407.02(e)

from the Tamworth/Ossipee

town line to Ossipee Lake

Ossipee

Fis 407.02(l)

Bellamy River, except:

Fis 407.02(e)

Bellamy Reservoir

Madbury

Fis 407.03(a)

Blackwater River, except:

Fis 407.02(e)

the Bays and Cilleyville Bog

Andover/Salisbury

Fis 407.03(a)

Carroll Stream, except:

Fis 407.02(e)

-upstream of its confluence with Airport Pond in Whitefield

Carroll/Whitefield

Fis 407.04(a)

Cocheco River, except:

Fis 407.02(e)

from Watson Road Dam downstream

to the head of tide

Dover

Fis 407.02(n)

Connecticut River

headwaters to Fourth

Connecticut Lake

Pittsburg

Fis 406.06(a)

Fourth Connecticut Lake to

Third Connecticut Lake

Pittsburg

Fis 406.06(a)

from Third Connecticut Lake

to Second Connecticut Lake

Pittsburg

Fis 406.06(a)

from the dam at Second Lake to

the upstream side of the logging

bridge on the Magalloway Road

Pittsburg

Fis 407.02(b)

from the Magalloway Road bridge

to the inlet at Green Point

on First Connecticut Lake

Pittsburg

Fis 407.02(a)

from First Connecticut

Lake Dam to the signs on Lake Francis

Pittsburg

Fis 407.02(c)

from the Murphy Dam on Lake

Francis to the boundary between

Canaan,Vermont and Pittsburg, New Hampshire

Fis 407.02(q)

that portion of the river from

the boundary between Canaan, Vermont and Pittsburg, New Hampshire to the Massachusetts border

Fis 408

Contoocook River

-from Contoocook Lake downstream to the area marked with signs and wire in West Henniker

Jaffery, Peterborough, Hancock, Greenfield, Bennington, Antrim, Deering, Hillsboro, Henniker

Fis 407.03(a)

from a point 2,500 feet

above the former paper mill dam in

West Henniker, marked by signs

and wire, upstream approximately

one mile to a point marked by

signs and wire

Henniker

Fis 407.02(g)

from a point 2,500 feet above the former paper mill dam in West Henniker to the to the confluence with the Merrimack River, including the Hopkinton Everett Flood Control Area

Henniker, Hopkinton

Concord

Fis 407.03(a)

Dead Diamond River, except:

Fis 407.02(p)

from where the Swift Diamond River enters down to the mouth at the Magalloway River confluence

Second College Grant

Fis 407.03(c)

Ellis River, except:

Fis 407.02(e)

from the covered bridge, Jackson

to the Iron Bridge in Glen

Jackson-Bartlett

Fis 407.02(a)

Exeter River

west of Rte. 121A

Sandown, Chester

Fis 407.02(e)

Rte. 121A to the

Fremont/Brentwood town line

Sandown, Danville,

Fremont, Chester,

Raymond

Fis 407.03(a)

Fremont/Brentwood town line

to the Pickpocket Dam

Brentwood, Exeter

Fis 407.03(a)

-Downstream side of the Cross Road Bridge to Route 111 bridge

Exeter

Fis 407.02(n)

-Route 111 bridge to Squamscott River

Exeter

Fis 407.03(a)

Flints Brook

Hollis

Fis 407.04(a)

Gulf Brook

Chesterfield

Fis 407.04(a)

Hampton River

Hampton, Hampton Falls

Fis 407.03(a)

Isinglass River, except:

Fis 407.02(e)

-from Rte 125 bridge downstream

to the confluence with the Cocheco River

Rochester, Barrington,

Dover

Fis 407.02(n)

Lamb Valley Brook

Second College Grant

Fis 407.04(a)

Lamprey River, except:

Deerfield

Fis 407.02(e)

Raymond/Deerfield town

line to Wiswall Dam

Candia, Raymond,

Epping, Lee, Durham

Fis 407.03(a)

-from Wiswall Dam to the first railroad

trestle downstream of Packers Falls

Durham

Fis 407.02(n)

from the first railroad trestle

downstream of Packers Falls to the

head of tide

Durham, Newmarket

Fis 407.03(a)

Long Mountain Brook

Stratford/Odell

Fis 407.04(a)

Loomis Valley Brook

Second College Grant

Fis 407.04(a)

Lost River, except:

Woodstock

Fis 407.02(e)

from a point 100 feet above

the parking area entrance bridge

to a point 100 feet below the last

foot bridge in Lost River Gorge

Fis 407.02(d)

Lyman Brook, except:

Fis 407.02(e)

from its headwaters to the upper bridge on Meriden Hill Road in Columbia

Columbia

Fis 407.04(a)

Magalloway River – NH sections downstream to boundary line at 44.795602^oN -071.062732^oW to 44.795602^oN -071.061793^oW using WGS84 map datum

Second College Grant, Wentworths Location, Errol

Fis 407.03(c)

Mascoma River, except:

Fis 407.02(e)

from the Canaan/Enfield town

line to Mascoma Lake

Enfield

Fis 407.02(l)

from the Rte. 4 bridge South of

the Mascoma Lake Dam downstream

to the covered bridge

Lebanon

Fis 407.02(a)

Meadow Brook

Sharon

Fis 407.04(a)

Merrimack River

from the confluence of the

Winnipesaukee River and the

Pemigewasset River to the MA/NH boundary

Bow

Fis 407.03(a)

Merrymeeting River

from the Merrymeeting Lake

dam to a point 200 feet below the

Powder Mill Hatchery

New Durham

Fis 407.02(d)

from 200 feet below Powder Mill

Hatchery to the lower dam at Alton

New Durham, Alton

Fis 407.03(a)

lower dam at Alton to the bridge

on Route 11 at Alton Bay

Alton

Fis 407.02(h)

Nashua River

from MA/NH boundary to its

confluence with the Merrimack River

Nashua

Fis 407.03(a)

Newfound River, except:

Fis 407.02(e)

the area between West Shore Road

to the dam adjacent to Crescent Street

in Bristol

Bristol

Fis 407.02(m)

Perry Stream, except:

Fis 407.02(e)

from Happy Corner Bridge

to Connecticut River

Pittsburg

Fis 407.02(a)

Pemigewasset

from the headwaters to

the Route 104 bridge in

Bristol/New Hampton; except

Ashland, Bridgewater,

New Hampton, Bristol

Fis 407.02(e)

-from the Route 104 bridge in Bristol/New Hampton to Ayers Island Dam

Bristol, New Hampton

Fis 407.03(a)

from 300 feet below Ayers Island Dam to the Eastmans Falls Dam in Franklin

Bristol, Hill, New Hampton,

Sanbornton, Franklin

Fis 407.03(a)

from the posts 150’ below the

Eastman Falls Dam in Franklin

to the confluence with the Winnipesaukee River

Franklin

Fis 407.03(a)

Piscataquog River, except:

Fis 407.02(e)

from the Howe Bridge

to Glen Lake

Goffstown

Fis 407.03(a)

Piscataquog River, South Branch, except:

Fis 407.02(e)

from 300' upstream of the bridge located at 42^o 57.447’N 71^o 42.494’ W using WGS84 map datum on Lyndeborough Road

downstream to the first bridge on Route 13 in New Boston

New Boston

Fis 407.02(j)

Pond Brook

Stratford/Odell

Fis 407.04(a)

Pow Wow River

South Hampton

Fis 407.03(a)

Saco River, except:

Fis 407.02(e)

from a point at Lucy Brook

marked by a sign, downstream to

similar sign at the confluence

with Artist Falls Brook

North Conway

Fis 407.02(a)

Sand Brook

Hillsborough

Fis 407.04(a)

Soucook River, except:

Fis 407.02(e)

from the Loudon Village Dam in

Loudon to its confluence with the

Merrimack River

Loudon

Fis 407.03(a)

Souhegan River, except:

Fis 407.02(e)

from a point 300 feet upstream of the

Green bridge on Old Wilton Road in

Greenville to a point 300 feet downstream of the Route 31 bridge in Wilton

Greenville, Wilton

Fis 407.02(j)

Sucker Brook

Hollis

Fis 407.03(a)

Sucker Brook, except:

Fis 407.02(e)

-from the Dam in Auburn Village

downstream to Lake Massabesic

Auburn

Fis 407.03(a)

Sugar River, except:

Fis 407.02(e)

Rte 11/103 Bridge to the

so-called Oak Street Bridge

Newport

Fis 407.02(o)

Suncook River, except:

Fis 407.02(e)

Rte 126 Bridge in Barnstead

downstream to its

confluence with the Merrimack River

Barnstead, Pittsfield

Chichester, Epsom,

Pembroke, Allenstown

Fis 407.03(a)

Swift Diamond River

Dixville, Dix’s Grant, Second College Grant

Fis 407.02(p)

Swift River, except:

Fis 407.02(e)

Rte. 113A Bridge downstream

to Rte. 113 Bridge

Tamworth

Fis 407.02(a)

Taylor River

west of Rte. 95

Hampton, Hampton Falls

Fis 407.03(a)

Turkey River

Concord

Fis 407.03(a)

West Branch Mohawk River

Colebrook

Fis 407.04(a)

Winnipesaukee River, except:

Fis 407.02(e)

area between the dam at Paugus Bay to a point 500' downstream and Messer Street bridge in Laconia downstream to Dixon Point in Laconia, and from the old bridge abutment (Union Bridge) in Tilton/Belmont downstream to a point 1,000 feet below the dam at Lochmere.

Laconia, Belmont, Tilton

Fis 407.02(k)

from the Franklin Falls Hydro Dam to

its confluence with the

Pemigewasset River

Franklin

Fis 407.03(a)

Witches Spring Brook

Hollis

Fis 407.04(a)

All other rivers and streams

Fis 407.02(e)

History

(See Revision Note # 1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by #5291, eff 1-1-92; ss by #5614, eff 4-16-93; ss by #5718, eff 1-1-94; amd by #6086, eff 1-1-96; amd by #6253, eff 5-22-96; ss by #6629, eff 1-1-98; ss by #7115, eff 9-29-99; ss by #7383, eff 10-25-00; amd by #7582, eff 1-1-02; amd by #7763, eff 1-1-03; amd by #7926, eff 1-1-04; amd by #8119, eff 1-1-05; ss by #8442, eff 1-1-06; amd by #8671, eff 1-1-07; amd by #9005, eff 1-1-08; amd by #9249, eff 1-1-09; amd by #9773-A, eff 1-1-11; amd by #10007, eff 1-1-12; ss by #10425, eff 1-1-14; ss by #10674, eff 1-1-15; amd by #10936, eff 1-1-16; amd by #11080, eff 4-22-16; ss by #12510, eff 4-6-18; ss by #12933, eff 11-28-19

N.H. Code Admin. R. Ann. Fis 407.02 Trout Waters {#sec-fis-407.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 407.02}

(a) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through October 15;

(3) Fish shall be taken by fly fishing only;

(4) The daily limit for brook trout shall be 2 fish;

(5) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(6) Open season for taking salmon shall be from April 1 through September 30;

(7) The daily bag limit for salmon shall be 2 fish;

(8) The minimum length for salmon shall be 15 inches;

(9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited; and

(10) The daily limit for all other species shall be as provided in Fis 403.

(b) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through October 15;

(3) Fish shall be taken by fly fishing only;

(4) All fish shall be immediately released unharmed to the water;

(5) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(6) Open season for taking salmon shall be from April 1 through September 30;

(7) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited; and

(8) The daily limit for all other species shall be as provided in Fis 403.

(c) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the restrictions in Fis 407.02(a) and the minimum total length for trout shall be 12 inches.

(d) Any waterbody shown as limited by this paragraph in Table 400.2 shall be closed to all fishing.

(e) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restriction:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through October 15;

(3) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(4) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(5) Open season for taking salmon shall be from April 1 through September 30;

(6) The daily bag limit for salmon shall be 2 fish;

(7) The minimum length for salmon shall be 15 inches;

(8) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited;

(9) The daily limit for all other species shall be as provided in Fis 403; and

(10) There shall be no closed season for the taking of bait fish listed in Fis 402.08 by the use of traps in accordance with RSA 211:9 and Fis 405.06.

(f) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through October 15;

(3) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(4) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(5) Open season for taking salmon shall be from April 1 through September 30;

(6) The daily bag limit for salmon shall be 2 fish;

(7) The minimum length for salmon shall be 15 inches;

(8) Brown trout may be taken between 2 hours after sunset and one hour before sunrise;

(9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited;

(10) The daily limit for all other species shall be as provided in Fis 403; and

(11) There shall be no closed season for the taking of bait fish listed in Fis 402.08 by the use of traps in accordance with RSA 211:9 and Fis 405.06.

(g) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through November 30;

(3) Only single hook artificial lures and flies shall be used;

(4) The daily limit for brook trout shall be 2 fish;

(5) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(6) Open season for taking salmon shall be from April 1 through September 30;

(7) The daily bag limit for salmon shall be 2 fish;

(8) The minimum length for salmon shall be 15 inches;

(9) The minimum length for brook trout shall be 12 inches;

(10) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited; and

(11) The daily limit for all other species shall be as provided in Fis 403.

(h) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except smelt, shall be January 1 through October 31 subject to the following:

a. From January 1 through June 15 and October 1 through October 31, all fish:

Shall be taken by fly fishing only;
Shall be immediately released; and
All hooks shall be barbless or have all barbs pinched; and

b. From June 16 through September 30 fish may be taken by all legal methods as follows:

The combined daily limit for salmon, lake trout and brook trout shall be 2 fish;
The minimum length for brook trout and salmon shall be 15 inches; and
The minimum length for lake trout shall be 18 inches;

(3) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited; and

(4) The daily limit for all other species shall be as provided in Fis 403.

(i) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through October 15;

(3) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(4) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(5) This waterbody, and its tributaries to the first upstream dam, shall be closed to the taking of salmon;

(6) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited;

(7) The daily limit for all other species shall be as provided in Fis 403; and

(8) There shall be no closed season for the taking of bait fish listed in Fis 402.08 by the use of traps in accordance with RSA 211:9.

(j) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) There shall be no closed season for all species, except salmon and smelt;

(3) From October 16 through June 15 all fish shall be immediately released and only single hook artificial lures and flies shall be used and all hooks shall be barbless or have all barbs pinched;

(4) From June 16 through October 15 fish may be taken by all legal methods and the daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(5) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(6) Open season for taking salmon shall be from April 1 through September 30;

(7) The daily bag limit for salmon shall be 2 fish;

(8) The minimum length for salmon shall be 15 inches;

(9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited;

(10) The daily limit for all other species shall be as provided in Fis 403; and

(11) There shall be no closed season for the taking of bait fish listed in Fis 402.08 by the use of traps in accordance with RSA 211:9.

(k) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except smelt, shall be April 1 through September 30;

(3) The open season for taking smelt shall be June 16 through September 30;

(4) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(5) The minimum length for lake trout shall be 18 inches;

(6) The minimum length for salmon shall be 15 inches;

(7) The daily bag limit for salmon and lake trout shall be no more than 2 fish, whether 2 of one single species or one of each species;

(8) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited; and

(9) The daily limit for all other species shall be as provided in Fis 403.

(l) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through October 15;

(3) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(4) The open season for taking smelt shall be as follows:

a. From January 1 through March 14 and June 16 through October 15 smelt shall be taken by angling only; and

b. From March 15 through April 30 smelt shall only be taken:

By means of a dip net not over 18 inches in diameter; and
Between the hours of sunset and 12 midnight;

(5) Open season for taking salmon shall be from April 1 through September 30;

(6) The daily bag limit for salmon shall be 2 fish;

(7) The minimum length for salmon shall be 15 inches;

(8) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited;

(9) The daily limit for all other species shall be as provided in Fis 403; and

(10) There shall be no closed season for the taking of bait fish listed in Fis 402.08 by the use of traps in accordance with RSA 211:9.

(m) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) The open season for the taking of all species except smelt shall be January 1 through October 31 subject to the following:

a. From January 1 through March 31 the daily limit for trout, including lake trout shall be 2 fish;

b. From April 1 through September 30 the combined daily limit for salmon, lake trout, brook trout shall be 2 fish;

c. From October 1 through October 31 all fish shall be immediately released and all hooks shall be barbless or have all barbs pinched;

d. Fish shall be taken by fly fishing only;

e. The minimum length for salmon and lake trout shall be 15 inches;

f. The open season for taking salmon shall be January 1 through October 31;

g. From January 1 through March 31 and from October 1 through October 31 all salmon shall be immediately released; and

h. The open season for taking smelt shall be January 1 through March 14 and June 16 through September 30.

(n) The taking of fish from any waterbody limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) There shall be no closed season for all species, except smelt;

(3) From October 16 through the 4th Saturday in April the taking of fish shall be subject to the following:

a. All fish shall be immediately released;

b. Only single hook artificial lures and flies shall be used; and

c. All hooks shall be barbless or have all barbs pinched;

(4) From the 4th Saturday in April to October 15:

a. Fish may be taken by all legal methods; and

b. The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(5) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(6) The open season for taking salmon shall be from April 1 through September 30;

(7) The daily bag limit for salmon shall be 2 fish;

(8) The minimum length for salmon shall be 15 inches;

(9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited;

(10) The daily limit for all other species shall be provided in Fis 403; and

(11) There shall be no closed season for the taking of bait fish listed in Fis 402.08 by the use of traps in accordance with RSA 211:9.

(o) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through November 30;

(3) Fish shall be taken by fly fishing only;

(4) The daily limit for brook trout shall be 2 fish;

(5) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(6) Open season for taking salmon shall be from April 1 through September 30;

(7) The daily bag limit for salmon shall be 2 fish;

(8) The minimum length for salmon shall be 15 inches;

(9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited; and

(10) The daily limit for all other species shall be as provided in Fis 403.

(p) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except trout, salmon and smelt, shall be January 1 through December 31;

(3) The open season for taking brook trout shall be January 1 through September 30;

(4) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(5) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(6) The open season for taking salmon shall be from April 1 through September 30;

(7) The daily bag limit for salmon shall be 2 fish;

(8) The minimum length for salmon shall be 15 inches;

(9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited;

(10) The daily limit for all other species shall be as provided in Fis 403; and

(11) There shall be no closed season for the taking of bait fish listed in Fis 402.08 by the use of traps in accordance with RSA 211:9.

(q) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) This waterbody shall be managed for trout;

(2) The open season for taking of all species, except salmon and smelt, shall be January 1 through October 15;

(3) From January 1 through March 31 the taking of fish shall be subject to the following:

a. All fish shall be immediately released;

b. Only single hook artificial lures and flies shall be used; and

c. All hooks shall be barbless or have all barbs pinched;

(4) From April 1 to October 15:

a. Fish may be taken by all legal methods; and

b. The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached;

(5) The open season for taking smelt shall be January 1 through March 14 and June 16 through October 15;

(6) Open season for taking salmon shall be from April 1 through September 30;

(7) The daily bag limit for salmon shall be 2 fish;

(8) The minimum length for salmon shall be 15 inches;

(9) Fishing through the ice, from the ice, or from any object supported by the ice, shall be prohibited;

(10) The daily limit for all other species shall be as provided in Fis 403; and

(11) There shall be no closed season for the taking of bait fish listed in Fis 402.08 by the use of traps in accordance with RSA 211:9.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by #5291, eff 1-1-92; amd by #5614, eff 4-16-93; ss by #5718, eff 1-1-94; ss by #6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #7115, eff 9-29-99; amd by #7763, eff 1-1-03; amd by #7926, eff 1-1-04; amd by #8119, eff 1-1-05; ss by #8442, eff 1-1-06; amd by #8671, eff 1-1-07; ss by #9005, eff 1-1-08; ss by #9249, eff 1-1-09; ss by #10007, eff 1-1-12; ss by #10674, eff 1-1-15; amd by #10936, eff 1-1-16; amd by #11080, eff 4-22-16; ss by #12933, eff 11-28-19

N.H. Code Admin. R. Ann. Fis 407.03 Other Waters {#sec-fis-407.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 407.03}

(a) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) There shall be no closed season for all species except salmon and smelt;

(2) The daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached in open water and 2 fish through the ice;

(3) Open season for taking salmon shall be from April 1 through September 30;

(4) The daily bag limit for salmon shall be 2 fish;

(5) The minimum length for salmon shall be 15 inches;

(6) The daily limit for all other species shall be as provided in Fis 403; and

(7) No more than 6 ice fishing devices shall be used to take fish while ice fishing.

(b) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) There shall be no closed season for all species except salmon and smelt;

(2) From March 1 through September 30, the daily limit for brook trout shall be 5 fish or 5 pounds of fish whichever limit shall first be reached in open water and 2 fish through the ice;

(3) From October 1 through the last day of February:

a. All brook trout shall be immediately released;

b. Only single hook artificial lures and flies shall be used; and

c. All hooks shall be barbless or have all barbs pinched;

(4) Open season for taking salmon shall be from April 1 through September 30;

(5) The daily bag limit for salmon shall be 2 fish;

(6) The minimum length for salmon shall be 15 inches;

(7) The daily limit for all other species shall be as provided in Fis 403; and

(8) No more than 6 ice fishing devices shall be used to take fish while ice fishing.

(c) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) The open season for taking of all species, except salmon and smelt, shall be January 1 through September 30;

(2) All brook trout taken shall be immediately released;

(3) There shall be no size or bag limit for black bass;

(4) The daily limit for all other species shall be as provided in Fis 403;

(5) All fish shall only be taken with:

a. Single hook artificial lures and flies; and

b. All hooks shall be barbless or have all barbs pinched; and

(6) Fishing through the ice, from the ice or from any objected supported by the ice shall be prohibited.

(d) The taking of fish from any waterbody shown as limited by this paragraph in Table 400.2 shall be subject to the following restrictions:

(1) There shall be no closed season for all species;

(2) All fish taken shall be immediately released;

(3) All fish shall only be taken with:

a. Single hook artificial lures and flies; and

b. All hooks shall be barbless or have all barbs pinched; and

(4) Fishing through the ice, from the ice or from any objected supported by the ice shall be prohibited.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; ss by #5234, eff 1-1-92; ss by # 5291, eff 1-1-92; amd by #5614, eff 4-16-93; rpld by #6086, eff 1-1-96; ss by #6432, eff 1-21-97; ss by #6629, eff 1-1-98; ss by #7115, eff 9-29-99; amd by #7383, eff 10-25-00; amd by #7582, eff 1-1-02; amd by #7763, eff 1-1-03; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; amd by #9249, eff 1-1-09; amd by #9773-A, eff 1-1-11; ss by #10007, eff 1-1-12; ss by #10425, eff 1-1-14; ss by #10674, eff 1-1-15; amd by #10936, eff 1-1-16; ss by #12510, eff 4-6-18; ss by #12933, eff 11-28-19

N.H. Code Admin. R. Ann. Fis 407.04 Wild Trout Waters {#sec-fis-407.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 407.04}

The taking of fish from this waterbody as referenced from Table 400.2 in Fis 407.01(d) shall be subject to the following restrictions:

(a) This waterbody shall be managed for wild trout;

(b) The open season for taking all species shall be January 1 through Labor day;

(d) All fish shall be immediately released unharmed to the water; and

(e) Fishing through the ice, from the ice, or from any object supported by the ice shall be prohibited.

History

#7763, eff 1-1-03; ss by #8442, eff 1-1-06; ss by #10007, eff 1-1-12; ss by #10674, eff 1-1-15; ss by #14173, eff 1-9-25, EXPIRES: 1-9-35

Part Fis 408 Connecticut River Rules

N.H. Code Admin. R. Ann. Fis 408.01 Validity of Licenses {#sec-fis-408.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.01}

(a) Vermont resident fishing licenses and New Hampshire fishing licenses shall be deemed valid for the taking of fish in the Connecticut River. For the purposes of this, “Connecticut River” means all waters of the river including the bays, set backs, and tributaries, only to the first highway bridge crossing said tributaries on the Vermont and New Hampshire sides.

(b) A person holding a New Hampshire non-resident license shall only take fish from that portion of the Connecticut River east of the Vermont low water mark.

(c) A person holding a Vermont non-resident license shall only take fish from that portion of the Connecticut River west of the Vermont low water mark.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4722, eff 1-1-90; ss by #4878, eff 7-23-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97; ss by #6950, INTERIM, eff 2-27-99, EXPIRED 6-27-99
#7115, eff 9-29-99; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.02 Trout {#sec-fis-408.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.02}

(a) The season for taking brook, brown or rainbow trout by all legal methods shall open on January 1 and close October 15, except in the portion of the river from the boundary of Canaan, VT and Pittsburg, NH downstream to the Main St. bridge in West Stewartstown, NH from January 1st to March 31, during which only single barbless hook, artificial lures/flies shall be used.

(b) The daily bag limit for trout through open water shall be 5 fish or 5 lbs., except that:

(1) In that portion of the river from the Samuel Moore dam downstream to the Rte. 18 bridge the daily limit shall be one fish; and

(2) In the portion of the river from the boundary of Canaan, VT and Pittsburg, NH downstream to the Main St. bridge in West Stewartstown, NH, from January 1st to March 31, all fish shall be immediately released.

(1) that portion of the river from the Samuel Moore dam downstream to the Rte. 18 bridge the daily limit shall be one fish; and

(2) that portion of the river from the boundary of Canaan, VT and Pittsburg, NH downstream to the Main St. bridge in West Stewartstown, NH from January 1st to March 31, ice fishing shall be prohibited

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; amd by #3169, eff 12-31-85; ss by #4722, 1-1-90; ss by #5281, eff 1-1-92; EXPIRED 1-1-98
#6950, INTERIM, eff 2-27-99, EXPIRED: 6-27-99
#7115, eff 9-29-99; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #10936, eff 1-1-16; ss by #11080, eff 4-22-16

N.H. Code Admin. R. Ann. Fis 408.03 Salmon {#sec-fis-408.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.03}

(a) For the purposes of this section, the following definitions shall apply:

(1) “Angling” means fishing with hook and line which is personally attended;

(2) “Fly fishing” means angling with the use of a single or double, side by side, hook whose gape does not exceed 1/2 inch, dressed with hair, feathers, tinsel, thread, yarn, or similar material and provided that additional weight is not built into the fly in its construction, as in a weighted nymph, and no additional weight or other attachments such as spinners or swivels are attached to the hook, leader or line;

(3) “River” means the main stem of the Connecticut River from the Massachusetts and New Hampshire border north to the base of the dam at Lake Francis in Pittsburg, New Hampshire;

(4) “Snagging”, “snatching”, “lifting”, or “jigging” means the taking or attempting to take any fish by foul hooking, that is, hooking the fish in any part of the body other than inside the mouth;

(5) “Take” or “taking” means killing or capturing or otherwise rendering into possession; and

(6) “Commission” means the Connecticut River Atlantic Salmon Commission established under RSA 213:A-1, Article III.

(b) Connecticut River Basin Atlantic salmon licensing requirements shall be as follows:

(1) No person shall take, attempt to take, assist in taking, or possess, on the waters or the shores of the river or any of its tributaries, any Atlantic salmon without first having obtained a Connecticut River Basin Atlantic salmon license from the fish and game department or its agent;

(2) Such license shall be issued by the fish and game department on forms provided by the commission and shall be valid during the calendar year of issue;

(3) No person shall be issued such license unless such person has first obtained a valid fishing license for all species required by the fish and game department;

(4) The fee for such license shall be $10.50, $.50 of which shall be retained by the fish and game department; and

(5) Such license shall be displayed in a conspicuous manner on the outer garment at all times when angling for Atlantic salmon.

(1) No person shall take or attempt to take from the river or possess on the waters or shores of the river any Atlantic salmon except at such times as the commission declares an open season in the river or in specified areas of the river;

(2) The fish and game department shall issue Connecticut River Atlantic salmon tags at no additional cost to the holders of the Connecticut River Basin Atlantic salmon license. The number of tags issued to each individual license holder by the fish and game department shall be as set forth in regulations promulgated by the commission. Any person taking any Atlantic salmon in the main stem of the Connecticut River shall immediately attach thereto a Connecticut River salmon tag and the possession of an Atlantic salmon on the waters or shores of the river without such tag attached and the removal of such tag prior to preparation for consumption shall be prohibited;

(3) During any open season declared by the commission, Atlantic salmon shall be taken by fly fishing only, the minimum length for Atlantic salmon shall be 15 inches and the daily and seasonal creel limit shall be as determined by the commission upon declaration of any open season;

(4) Any Atlantic salmon taken under the provisions of this shall be presented to the fish and game department or its agent;

(5) The snagging of Atlantic salmon shall be prohibited;

(6) The taking of Atlantic salmon with the aid of an artificial light shall be prohibited;

(7) The use of open or closed face spinning reels, spin cast reels, free spool reels, bait casting reels, similar devices, or lead core lines shall be prohibited;

(8) No Atlantic salmon shall be taken within 250 feet of any dam or fishway;

(9) The use of a gaff to land Atlantic salmon is prohibited; and

(10) All Atlantic salmon taken contrary to subparagraphs (1) through (9) above shall be immediately returned, without avoidable injury, to the water from which taken.

(d) Nothing in these rules shall prohibit a duly authorized state, federal, or commission employee, acting within the scope of official employment, from taking or possessing Atlantic salmon for the purposes of research, management, or propagation.

(e) Any person who violates any provision of these rules shall be subject to the penalties set forth in RSA 206:19-a.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; amd by #4095, eff 7-22-86; ss by #4808, eff 4-27-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.04 Black Bass {#sec-fis-408.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.04}

(a) There shall be no closed season for taking black bass by all legal methods, except as otherwise provided in Fis 408.10.

(b) The daily bag limits shall be as follows:

(1) From January 1 to May 14, 2 fish;

(2) From May 15 to June 15, all black bass shall be immediately released unharmed at the site of catch to the waters from which taken; and

(3) From June 16 to December 31, 5 fish.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4808, eff 4-27-90; ss by #5281, eff 1-1-92; ss by #6627, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10007, eff 1-1-12; ss by #12510, eff 4-6-18; ss by #14418, eff 10-22-25, EXPIRES: 10-22-35

N.H. Code Admin. R. Ann. Fis 408.05 Walleye or Pike Perch {#sec-fis-408.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.05}

(a) There shall be no closed season for taking walleye, by all legal methods, except as provided in Fis 408.10.

(b) No person shall take walleye 16 to 18 inches in length.

History

#745, eff 1-25-76; amd by #1844, eff 1-1-82; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4808, eff 4-27-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97; ss by #6627, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.06 Pickerel {#sec-fis-408.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.06}

(a) There shall be no closed season for taking pickerel, by all legal methods, except as otherwise provided in Fis 408.10.

(b) The daily bag limit shall be 10 fish.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4808, eff 4-27-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.07 Horned Pout (Ameiurus nebulosus) {#sec-fis-408.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.07}

(a) There shall be no closed season for taking horned pout by all legal methods, except as otherwise provided in Fis 408.10.

(b) There shall be no length or weight limits.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4808, eff 4-27-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.08 Carp {#sec-fis-408.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.08}

There shall be no closed season for taking carp by any legal method or by means of long bow, and arrow with cord attached, in that part of the Connecticut River beginning at the point on the northern boundary of Grafton County in New Hampshire which is directly opposite the town of Concord, Vermont, and ending to the south at the Massachusetts border.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4722, eff 1-1-90; ss by #6141, INTERIM eff 12-20-95, EXPIRED 4-18-96
#6253, eff 5-22-96, EXPIRED: 5-22-04
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.09 Ice Fishing for Certain Species {#sec-fis-408.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.09}

(a) A person shall be permitted to take all species except salmon through the ice during the open season for such species, except as otherwise provided in Fis 408.10.

(b) No more than 6 ice fishing devices shall be used to take fish while ice fishing.

History

#745, eff 1-25-76; amd by 1844, eff 1-1-82; ss by #2263, eff 1-7-83; amd by #2500, eff 11-1-83; ss by #2839, eff 8-31-84; ss by #4722, eff 1-1-90; ss by #6141, INTERIM eff 12-20-95, EXPIRED 4-18-96
#6253, eff 5-22-96, EXPIRED: 5-22-04
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.10 Closed Season in Certain Portion of River {#sec-fis-408.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.10}

(a) The Connecticut River shall be closed to the taking of all species from October 16 to December 31, in the portion of the river beginning at the confluence of the Upper Ammonoosuc River and the Connecticut River in Northumberland and ending at the northern boundary of the town of Canaan, Vermont.

(b) From a point 1600 feet upstream from the bridge in North Stratford, upstream to a point 250 feet below the Lyman Falls Dam in North Stratford, and marked by a sign, the following restrictions shall apply:

(1) Fishing shall be permitted by artificial lures and flies only;

(2) All lures and flies shall have barbless hooks or have all barbs pinched so that they will not interfere with removal of the hook from the fish; and

(3) All fish shall be immediately released unharmed to the waters.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4722, eff 1-1-90; ss #4808, eff 4-27-90; ss #5281, eff 1-1-92; EXPIRED 1-1-98
#6950, INTERIM, eff 2-27-99, EXPIRED: 6-27-99
#7384, eff 10-25-00; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.11 Liability for Prosecution {#sec-fis-408.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.11}

Violators of the provisions of this part shall be liable to prosecution under the laws of New Hampshire or, alternatively, may be liable to prosecution under Vermont law.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4808, eff 4-27-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.12 American Shad (Alosa sapidissima) {#sec-fis-408.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.12}

(a) There shall be no closed season for taking American, sea-run, shad, by all legal fishing methods, from the waters of New Hampshire. Such taking from designated brook trout waters shall be prohibited from October 16 to the Friday before the fourth Saturday in April.

(b) American shad (Alosa sapidissima) taken by any method shall be immediately released back into the waters from which it was taken.

History

#1844, eff 1-1-82; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4808, eff 4-27-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10263, eff 1-29-13; ss by #13475, eff 10-28-22

N.H. Code Admin. R. Ann. Fis 408.13 Northern Pike {#sec-fis-408.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.13}

(a) Northern pike less than 28 inches total length shall not be taken.

(b) The daily bag limit shall be one fish.

History

#3169, eff 12-31-85; ss by #4808, eff 4-27-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.14 Fishways Closed {#sec-fis-408.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.14}

Fishways on the Connecticut River shall be closed as follows:

(a) Vernon Dam in Vernon, Vermont and Hinsdale, New Hampshire shall be closed to all fishing 150 feet below the dam; and

(b) Wilder Dam in Wilder, Vermont and Lebanon, New Hampshire shall be closed to all fishing 150 feet below the dam.

History

#4722, eff 1-1-90; ss by #6141, INTERIM eff 12-20-95, EXPIRED 4-18-96
#6253, eff 5-22-96, EXPIRED: 5-22-04
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.15 Method of Taking in Open Water {#sec-fis-408.15 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.15}

Any person fishing in open water shall use no more than 2 lines.

History

#4808, eff 4-27-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED 10-24-96
#6432, eff 1-21-97; ss by #6627, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.16 Other Species of Fish {#sec-fis-408.16 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.16}

(a) There shall be no closed season for taking black crappie (Pomoxis nigromaculatus), white perch (Morone americana), yellow perch (Perca flavescens), horned pout, or sunfish (Lepomis auritus, L. gibosus, or L. macrochirus) by all legal methods, except as otherwise provided in Fis 408.10.

(b) The daily bag limit for black crappie shall be 25 fish.

(d) The daily bag limit for yellow perch shall be 25 fish.

(e) The daily bag limit for sunfish shall be 25 fish.

(f) The aggregate daily limit for black crappie, white perch, yellow perch, sunfish, and horned pout shall not exceed 50 fish.

(g) There shall be no limits on length or weight of black crappie, white perch, yellow perch, or sunfish taken.

History

#8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 408.17 River Herring {#sec-fis-408.17 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.17}

The Connecticut River and tributaries shall be closed to the taking of alewife (Alosa pseudoharengus) and blueback herring (Alosa aestivalis).

History

#10936, eff 1-1-16

N.H. Code Admin. R. Ann. Fis 408.18 Round Whitefish (Prosopium cylindraceum {#sec-fis-408.18 omnilex-key=us-nh-regs-official--agency-fis--Fis 408.18}

). Round whitefish (Prosopium cylindraceum) taken by any method shall be immediately released back into the waters from which it was taken.

History

#12161, eff 4-18-17

Part Fis 409 Massachusetts – New Hampshire Boundary Waters

N.H. Code Admin. R. Ann. Fis 409.01 Waters Included {#sec-fis-409.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 409.01}

(a) The following bodies of water, lying in the towns identified and subject to the rules specified in this part, shall be designated as Massachusetts-New Hampshire interstate waters:

(1) Bent Pond in Winchester, New Hampshire and Warwick, Massachusetts;

(2) Long Pond in Pelham, New Hampshire and Dracut, Massachusetts;

(3) Lake Monomonac in Rindge, New Hampshire and Winchendon, Massachusetts;

(4) Robbins Pond in Rindge, New Hampshire and Winchendon, Massachusetts; and

(5) Tuxbury Pond in South Hampton, New Hampshire and Amesbury, Massachusetts.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 409.02 Seasons for All Species {#sec-fis-409.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 409.02}

There shall be no closed season for taking any species, by all legal methods, in Massachusetts-New Hampshire interstate waters.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 409.03 Black Bass {#sec-fis-409.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 409.03}

(a) The daily bag limit shall be:

(1) From January 1 to March 31, 2 fish, of which only one black bass may be greater than 16 inches; and

(2) From April 1 to May 14 and June 16 to June 30, 2 fish; and

(3) Five fish from July 1 to ice-in.

(b) From May 15 through June 15, all black bass shall:

(1) Be immediately released unharmed at the site of capture; and

(2) Be taken by artificial lures and flies only.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97; ss by #7582, eff 1-1-02; ss by #8442, eff 1-1-06; ss by #10007, eff 1-1-12; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 409.04 Other Species of Fish {#sec-fis-409.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 409.04}

(a) There shall be no closed season for taking black crappie, white perch, yellow perch, horned pout, or sunfish by all legal methods.

(b) The daily bag limit for black crappie shall be 25 fish.

(d) The daily bag limit for yellow perch shall be 25 fish.

(e) The daily bag limit for horned pout shall be 25 fish.

(f) The daily bag limit for sunfish shall be 25 fish.

(g) The aggregate daily limit for black crappie, white perch, yellow perch, sunfish, and horned pout shall not exceed 50 fish.

(h) There shall be no limits on length or weight of black crappie, white perch, yellow perch, horned pout or sunfish.

(i) The taking of northern pike shall be subject to the following:

(1) The minimum total length shall be 28 inches; and

(2) The daily bag limit shall be one fish.

(j) The taking of walleye shall be subject to the following:

(1) The minimum total length shall be 18 inches; and

(2) The daily bag limit shall be 2 fish.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

N.H. Code Admin. R. Ann. Fis 409.05 Pickerel {#sec-fis-409.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 409.05}

(a) The daily bag limit shall be 10 fish.

(b) There shall be no limits on length or weight for pickerel.

History

(See Revision Note #1 at chapter heading for Fis 400 and Revision Note at chapter heading for Fis 500) #5016, eff 1-1-91; EXPIRED 1-1-97
#6432, eff 1-21-97, EXPIRED: 1-21-05
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; ss by #13698, eff 7-26-23 (see Revision Note #2 at chapter heading for Fis 400)

Part Fis 410 Maine-New Hampshire Interstate Waters Rules

N.H. Code Admin. R. Ann. Fis 410.01 Waters Included {#sec-fis-410.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.01}

(a) Interstate waters between New Hampshire and Maine subject to this part shall include:

(1) Umbagog Lake in Errol/Cambridge, New Hampshire and Upton, Maine which shall include the waters of the Androscoggin River upstream of the Errol Dam, the waters of the Magalloway River upstream to coordinates 44.795602o -071.062732o to 44.795602o -071.061793o using WGS84 map datum within the state of New Hampshire and the waters of the Rapid River upstream to the marker at Cedar Stump in the State of Maine;

(2) Province Lake in Effingham/Wakefield, New Hampshire and Acton/Newfield, Maine;

(3) Balch Pond in Wakefield, New Hampshire and Parsonsfield, Maine;

(4) Horn Pond, the northern terminus of which shall be delineated by signage, in Wakefield, New Hampshire and Acton, Maine;

(5) Great East Lake in Wakefield, New Hampshire and Acton, Maine;

(6) Milton Watershed in Milton, New Hampshire and Lebanon, Maine which shall include all of the Milton Three Ponds – Northeast Pond, Milton Pond and Townhouse Pond beginning at the dam in Milton to the influx of the Branch River and the Salmon Falls River;

(7) Lower Kimball Pond in Chatham, New Hampshire and Fryeburg, Maine;

(8) Spaulding Pond in Milton, New Hampshire and Lebanon, Maine; and

(9) The Salmon Falls River in Wakefield, Milton, Rochester, Somersworth, and Rollinsford, New Hampshire and Acton, Berwick and South Berwick, Maine, including the upper reach of the Salmon Falls River beginning at the outlet dam of Great East Lake, also known as State Line Canal, to a point downstream marked by signage delineating the northern terminus of Horn Pond.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; amd by #4153, eff 10-31-86; ss by #4723, eff 1-1-90; ss by #6141, INTERIM eff 12-20-95, EXPIRED 4-18-96
#6253, eff 5-22-96; amd by #6628, eff 1-1-98; ss by #8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; ss by #10425, eff 1-1-14; amd by #10936, eff 1-1-16; amd by #11080, eff 4-22-16

N.H. Code Admin. R. Ann. Fis 410.02 Ice Fishing Restrictions {#sec-fis-410.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.02}

(a) The open season for ice fishing except on Great East Lake as specified in Fis 410.06 and Salmon Falls River as specified in Fis 410.05, shall be January 1 to March 31 for all species except salmon.

(b) No person shall take a salmon or cusk through the ice.

(1) Two lake trout, also known as togue, 2 rainbow trout, 2 brown trout or 2 brook trout except in Lake Umbagog as specified in Fis 410.07;

(2) Pickerel shall be 10 fish;

(3) Black bass shall be 2 fish with only one over 14 inches;

(4) Smelt shall be 2 quarts; and

(5) There shall be no bag limits on all other species of fish.

(d) The minimum total lengths shall be as follows:

(1) Lake trout, also known as togue, shall be 18 inches, except in Great East Lake as specified in Fis 410.06;

(2) Brook trout shall be 6 inches, except in Lake Umbagog as specified in Fis 410.07;

(3) Brown trout and rainbow trout shall be 10 inches in lakes and ponds; and

(4) There shall be no length or weight limits on all other species of fish.

(e) No person shall use more than 5 lines to take fish except in Great East Lake as specified in Fis 410.06..

(f) No dead or living pickerel, goldfish, yellow perch, white perch, black bass, sunfish, crappie, horned pout, carp or any spiny finned fish shall be taken, sold or possessed for use as bait for fishing in New Hampshire-Maine interstate waters.

(g) Smelt shall be taken only by angling in all interstate waters and their tributaries except in the tributaries of Great East Lake the taking of smelt shall be closed.

(h) The following restrictions shall apply to ice fishing shacks on the Maine/New Hampshire interstate waters:

(1) No person who owns any shack or temporary structure used for ice fishing shall place, or allow the shack or structure to be placed, on the ice more than 3 days before the waters on which the shack or structure is located are open to ice fishing;

(2) All ice fishing shacks while on the ice shall be labeled on the outside in 2 inch letters with the name and address of the owner; and

(3) Ice fishing shacks shall be removed from the ice within 3 days after those waters close to ice fishing.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4723, eff 1-1-90; ss by #6141, INTERIM eff 12-20-95, EXPIRED 4-18-96
#6253, eff 5-22-96; amd by #7582, eff 1-1-02; ss by #8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08 ss by #10425, eff 1-1-14; ss by #10936, eff 1-1-16

N.H. Code Admin. R. Ann. Fis 410.03 Open Water Restrictions {#sec-fis-410.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.03}

(a) The open water fishing season, except on the Salmon Falls River, shall be April 1 to December 31 except that in all lakes and ponds between October 1 and December 31, all trout, landlocked salmon, and lake trout shall be released alive at once.

(b) From May 15 to June 30, black bass shall be taken only with artificial lures and flies.

(1) Two lake trout, also known as togue, 2 salmon, 2 rainbow trout, 2 brown trout, or 2 brook trout except in Lake Umbagog as specified in Fis 410.07;

(2) For pickerel the limit shall be 10 fish;

(3) For black bass the limit shall be:

a. Two fish from April 1 to May 14;

b. Catch and immediate release from May 15 to June 30; and

c. Two fish from July 1 to December 31;

(4) For smelt the limit shall be 2 quarts; and

(5) There shall be no bag limits on all other species of fish.

(d) The minimum total length shall be as follows:

(1) For salmon the minimum total length shall be 14 inches;

(2) For lake trout also known as togue, the minimum total length shall be 18 inches, except in Great East Lake pursuant to Fis 410.06;

(3) For brook trout the minimum total length shall be 6 inches, except in Lake Umbagog pursuant to Fis 410.07;

(4) For brown trout and rainbow trout the total minimum length shall be 10 inches in lakes and ponds and 6 inches in rivers and streams;

(5) Only one black bass shall be greater than 14 inches; and

(6) There shall be no length or weight limits on all other species of fish.

(e) No person shall use more than 2 lines to take fish.

(f) No dead or living pickerel, goldfish, yellow perch, white perch, black bass, sunfish, crappie, horned pout, carp or any spiny finned fish shall be taken, sold, or possessed for use as bait for fishing in New Hampshire-Maine interstate waters.

(g) In all interstate waters and their tributaries smelt shall be taken only by angling except as follows:

(1) In Lower Kimball Pond dip nets not over 18” in diameter shall be permitted between sunset and 12 midnight during the open water season; and

(2) In the tributaries of Great East Lake the taking of smelt shall be closed.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4723, eff 1-1-90; ss by #5718, eff 1-1-94, EXPIRED: 1-1-00
#7384, eff 10-25-00; amd by #7582, eff 1-1-02; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; ss by #10425, eff 1-1-14; ss by #10936, eff 1-1-16

N.H. Code Admin. R. Ann. Fis 410.04 Freshwater Fishing Seasons and Rules {#sec-fis-410.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.04}

RESERVED

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4723, eff 1-1-90; ss by #6141, INTERIM eff 12-20-95, EXPIRED 4-18-96
#6253, eff 5-22-96; ss by #6628, eff 1-1-98; ss by #7582, eff 1-1-02; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; ss by #10425, eff 1-1-14; rpld by #10936, 1-1-16

N.H. Code Admin. R. Ann. Fis 410.05 Salmon Falls River {#sec-fis-410.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.05}

(a) In the Salmon Falls River the exceptions to the general ice fishing and open water restrictions as specified in Fis 410.02 and Fis 410.03 shall be as follows:

(1) The open water fishing season for the Salmon Falls River shall be January 1 to December 31; and

(2) The Salmon Falls River shall be closed to ice fishing.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4723, eff 1-1-90; ss by #6141, INTERIM eff 12-20-95, EXPIRED 4-18-96
#6253, eff 5-22-96, EXPIRED: 5-22-04
#8381, eff 6-21-05; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; ss by #10425, eff 1-1-14; ss by #10674, eff 1-1-15

N.H. Code Admin. R. Ann. Fis 410.06 Great East Lake {#sec-fis-410.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.06}

(a) In Great East Lake the exceptions to the general ice fishing and open water restrictions as specified in Fis 410.02 and Fis 410.03 shall be as follows:

(1) Only 2 lines may be used to take fish during the ice fishing season: and

(2) Lake trout also known as togue, shall be 16 inches total minimum length.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4723, eff 1-1-90; ss by #5718, eff 1-1-94; ss by #6628, eff 1-1-98; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; ss by #10425, eff 1-1-14; ss by #10936, eff 1-1-16

N.H. Code Admin. R. Ann. Fis 410.07 Umbagog {#sec-fis-410.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.07}

Lake.

(a) In Umbagog Lake the exceptions to the general ice fishing and open water restrictions as specified in Fis 410.02 and Fis 410.03 shall be as follows:

(1) Brook trout shall be 18 inches minimum total length; and

(2) Brook trout daily bag limit shall be one fish.

(b) That portion of Umbagog Lake north of a straight line between Molls Rock, Errol, New Hampshire and the red post between Spillman and Glassy Coves, Magalloway Plantation, Maine shall be closed to ice fishing.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4723, eff 1-1-90; ss by #6141, INTERIM eff 12-20-95, EXPIRED 4-18-96
#6253, eff 5-22-96; ss by #6628, eff 1-1-98; ss by #7582, eff 1-1-02; ss by #8442, eff 1-1-06; ss by #9005, eff 1-1-08; ss by #10425, eff 1-1-14; ss by #10674, eff 1-1-15; ss by #10936, eff 1-1-16

N.H. Code Admin. R. Ann. Fis 410.08 Freshwater Fishing Seasons and Rules {#sec-fis-410.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.08}

– RESERVED

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; rpld by #4723, eff 1-1-90

N.H. Code Admin. R. Ann. Fis 410.09 Freshwater Fishing Seasons and Rules {#sec-fis-410.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 410.09}

– RESERVED

History

#1464, eff 1-1-80; #745, eff 1-25-76; ss by #2263, eff 1-7-83; amd by #2500, eff 11-1-83; ss by #2839, eff 8-31-84; amd by #3169, eff 12-31-85; amd by #4153, eff 10-31-86; rpld by #4723, eff 1-1-90

Part Fis 411 Reserved

N.H. Code Admin. R. Ann. Fis 411.01 Freshwater Fishing Seasons and Rules {#sec-fis-411.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 411.01}

RESERVED

History

#5614, eff 4-16-93; ss by #6629, eff 1-1-98; ss by #8119, eff 1-1-05; ss by #10279, eff 2-28-13; rpld by #10674, eff 1-1-15

N.H. Code Admin. R. Ann. Fis 411.02 Freshwater Fishing Seasons and Rules {#sec-fis-411.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 411.02}

RESERVED

History

#5614, eff 4-16-93; ss by #5991, eff 2-24-95; ss by #6629, eff 1-1-98; ss by #8119, eff 1-1-05; ss by #8442, eff 1-1-06; ss by #10425, eff 1-1-14; rpld by #10674, eff 1-1-15

N.H. Code Admin. R. Ann. Fis 411.03 Freshwater Fishing Seasons and Rules {#sec-fis-411.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 411.03}

RESERVED

APPENDIX

Rule

State or Federal Statute the Rule Implements

Fis 401.01

RSA 206:10, I; RSA 212:19

Fis 402.01

RSA 206:10, I

Fis 402.02

RSA 206:10, I

Fis 402.03

RSA 206:10, I

Fis 402.04

RSA 206:10, I

Fis 402.05

RSA 206:10, I

Fis 402.06

RSA 206:10, I; RSA 212:19

Fis 402.09

RSA 206:10, I

Fis 402.10

RSA 206:10, I

Fis 402.11

RSA 206:10, I

Fis 403.01

RSA 206:10, I

Fis 403.02

RSA 206:10, I

Fis 403.03

RSA 206:10, I; RSA 212:19

Fis 403.04

RSA 206:10, I

Fis 403.05

RSA 206:10, I; RSA 212:19

Fis 403.08

RSA 206:10, I

Fis 403.09

RSA 206:10, I

Fis 403.10

RSA 206:10, I

Fis 403.11

RSA 206:10, I

Fis 403.12

RSA 206:10, I; RSA 212:19

Fis 403.13

RSA 206:10, I; RSA 212:19

Fis 403.14

RSA 206:10, I; RSA 212:19

Fis 403.15

RSA 206:10, I; RSA 212:19

Fis 404

Reserved

Fis 405.01

RSA 206:10, I

Fis 405.02

RSA 206:10, I

Fis 405.03

RSA 206:10, I; RSA 211:2

Fis 405.05

RSA 206:10, I

Fis 405.06

RSA 206:10, I; RSA 211:9; RSA 212:19

Fis 406.01

RSA 206:10, I

Fis 406.04

RSA 206:10, I; RSA 212:19

Fis 406.05

RSA 206:10, I; RSA 212:19

Fis 406.06

RSA 206:10, I

Fis 406.07

RSA 206:10, I

Fis 407.04

RSA 206:10, I; RSA 212:19

Fis 408.01

RSA 206:10, I; RSA 211:5

Fis 408.03

RSA 206:10, I; RSA 211:5; RSA 213-A

Fis 408.04

RSA 206:10, I, RSA 211:5

Fis 408.05

RSA 206:10, I; RSA 211:5

Fis 408.06

RSA 206:10, I; RSA 211:5

Fis 408.07

RSA 206:10, I; RSA 211:5

Fis 408.08

RSA 206:10, I; RSA 211:5

Fis 408.09

RSA 206:10, I; RSA 211:5

Fis 408.10

RSA 206:10, I; RSA 211:5

Fis 408.11

RSA 206:10, I; RSA 211:5

Fis 408.13

RSA 206:10, I; RSA 211:5

Fis 408.14

RSA 206:10, I; RSA 211:5

Fis 408.15

RSA 206:10, I; RSA 211:5

Fis 408.16

RSA 206:10, I; RSA 211:5

Fis 409.01

RSA 206:10, I; RSA 211:4

Fis 409.02

RSA 206:10, I; RSA 211:4

Fis 409.03

RSA 206:10, I; RSA 211:4

Fis 409.04

RSA 206:10, I; RSA 211:4

Fis 409.05

RSA 206:10, I; RSA 211:4

Fis 410

RSa 206:10; 207:14

Fis 410.01(a) intro. &(a)(1)

RSA 206:10, I; RSA 207:14, II

Fis 410.02

RSA 206:10, I; RSA 207:14

Fis 410.03

RSA 206:10, I; RSA 207:14

Fis 410.05

RSA 206:10

Fis 410.04

Reserved

Fis 410.06

RSA 206:10, I; RSA 207:14

Fis 410.07

RSA 206:10, I

Fis 410.08 and Fis 410.09

Reserved

Fis 411.01

Reserved

Fis 411.02

Reserved

Fis 411.03

Reserved

History

#5614, eff 4-16-93; ss by #6629, eff 1-1-98; ss by #6714, eff 3-11-98; amd by #7115, eff 9-29-99; ss by #8119, eff 1-1-05; ss by #10279, eff 2-28-13; rpld by #10674, eff 1-1-15

Chapter Fis 500 Bait Fish, Organized and/or Commercial Activities

Part Fis 501 Applicability

N.H. Code Admin. R. Ann. Fis 501.01 Person Subject to this Chapter {#sec-fis-501.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 501.01}

This chapter shall apply to persons harvesting bait, participating in or conducting organized or commercial activities within the freshwaters of the state.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; ss by # 5292, eff 12-20-91, EXPIRED: 12-20-97
#8120, eff 7-16-04; ss by #10279, eff 2-28-13; ss by #13532, eff 2-1-23

N.H. Code Admin. R. Ann. Fis 501.02 Definitions {#sec-fis-501.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 501.02}

All the definitions in Fis 401 shall apply to this chapter.

History

#5292, eff 12-20-91, EXPIRED: 12-20-97
#8120, eff 7-16-04; ss by #10279, eff 2-28-13; ss by #13532, eff 2-1-23

Part Fis 502 Bait Fish

N.H. Code Admin. R. Ann. Fis 502.01 Taking Bait Fish for Personal Use by Licensed Bait Dealers {#sec-fis-502.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.01}

(a) Except as provided in Fis 406, Fis 407, and Fis 410, there shall be no closed season for licensed anglers to take bait fish listed in Fis 402.08(a) for personal use as bait by the methods prescribed in RSA 211:9. In addition, white suckers may be taken for personal use as bait by use of traps made of wire slats, not more than 50 inches long nor more than 30 inches wide, with an aperture for the entrance of fish no smaller than 3 and 1/2 inches in diameter.

(b) The daily limit per licensee for bait fish listed in Fis 402.08, shall be 2 quarts liquid measure.

(c) No more than 6 total bait traps shall be used by any licensee at one time to take bait fish listed in Fis 402.08, crayfish, and all aquatic invertebrate species. All other species taken shall be immediately released into the waters from which they were taken.

(d) All bait traps, holding boxes, or other receptacles shall be plainly marked with the name and contact information of the licensed owner or user.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91 (from Fis 406.01); ss by # 5292, eff 12-20-91; ss by #5723, eff 12-1-93; ss by #6713, eff 3-11-98; amd by #7582, eff 1-1-02; paragraphs (a) & (c) EXPIRED: 3-11-06; amd by #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07
#8997, eff 9-29-07; ss by #10425, eff 1-1-14; ss by #10936, eff 1-1-16; ss by #11029, eff 1-26-16; ss by #12933, eff 11-28-19; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.02 Taking of Bait Fish or Aquatic Invertebrates by Licensed Bait Dealers. {#sec-fis-502.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.02}

(a) There shall be no closed season for taking bait fish listed in Fis 402.08 for bait, except as otherwise provided in Fis 406, Fis 407, and Fis 410, by persons holding a bait dealer’s license and by methods prescribed in RSA 214:34-a.

(b) Persons holding a bait dealer’s license may take crayfish or other aquatic invertebrates by hand, with nets, or through the use of bait traps. All other species shall be immediately released into the waters from which they were taken.

(c) All bait traps, holding boxes, or other receptacles shall be plainly marked with the name and address of the licensed owner or user.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91 (from Fis 406.02); ss by #5292, eff 12-20-91, EXPIRED: 12-20-97
#6713, eff 3-11-98, EXPIRED: 3-11-06
#8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07
#8997, eff 9-29-07; ss by #10425, eff 1-1-14; ss by #11029, eff 1-26-16; ss by #11080, eff 4-22-16; ss by #12768, eff 5-3-19; ss by #12933, eff 11-28-19; ss by 13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.03 Taking of Freshwater Smelt by Licensed Bait Dealers {#sec-fis-502.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.03}

(a) Licensed bait dealers may take freshwater smelt for sale as bait.

(b) Licensed bait dealers shall only take freshwater smelt in the waterbodies listed in Table 502.1 in paragraph (c) below by means of a dip net held in hand, a drop net not over 48 inches in diameter, or a square umbrella net not over 42 inches on a side, pursuant to RSA 214:34-a.

(c) Licensed bait dealers may take freshwater smelt for sale as bait by the methods described in paragraph (b) above from ice-in through February 28, in the open waterbodies in Table 502.1:

Table 502.1 WATERBODIES OPEN FOR TAKING FRESHWATER SMELT FOR BAIT

WATERBODY

TOWN(s)

Beech Pond, Lower

Tuftonboro

Cedar Pond

Milan

Christine Lake

Stark

Crystal Lake

Enfield, Gilmanton, and Eaton

Deering Reservoir

Deering

Iona Lake

Albany

Loon Lake

Freedom

Loon Pond

Gilmanton

Manning Lake

Gilmanton

Pea Porridge Pond

Madison

Pleasant Lake

Deerfield

Post Pond

Lyme

Rust Pond

Wolfeboro

Sandy Pond

Richmond

South Pond

Stark

Suncook Lakes

Barnstead

Sunapee Lake, Little

Springfield

Sunset Lake

Alton and Gilmanton

Tewksbury Pond

Grafton

Webster Lake

Franklin

Wentworth Lake

Wolfeboro

White Lake

Tamworth

(d) The daily limit for freshwater smelt taken by licensed bait dealers in the water bodies listed in Table 502.1 in paragraph (c) above shall be 8 quarts liquid of whole, with head and tail intact, freshwater smelt in the 24 hours between 12 o'clock noon one day and 12 o'clock noon the following day.

(e) The daily limit for freshwater smelt taken by licensed bait dealers in locations other than those set forth in Table 502.1 in paragraph (c) above shall be 2 quarts liquid of whole, with head and tail intact, freshwater smelt in the 24 hours between 12 o'clock noon one day and 12 o'clock noon the following day and shall be taken by angling only.

(f) No licensed bait dealer shall have in possession more than one daily limit of freshwater smelt while taking freshwater smelt for sale as bait from streams, ponds, or lakes, or when leaving such waters.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91 (from Fis 406.03); ss by # 5292, eff 12-20-91; ss by #5723, eff 12-1-93; amd by #6115, eff 11-22-95; ss by #6713, eff 3-11-98; ss by #7180, eff 1-1-00; ss by #8997, eff 9-29-07 ss by #10425, eff 1-1-14; ss by #12768, eff 5-3-19; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.04 Molesting Gear {#sec-fis-502.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.04}

No person shall molest, pull, tend, or disturb any gear as specified in RSA 214:34-c.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91(from Fis 406.04), EXPIRED: 1-1-97
#6432, eff 1-21-97; ss by #8120, eff 7-16-04; ss by #10279, eff 2-28-13; ss by #13532, eff 2-1-23; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.05 Equipment {#sec-fis-502.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.05}

(a) In addition to the equipment requirements specified in RSA 214:34-a, licensed bait dealers shall use a fish grader, with minimum grader spacings of 14/64 inches, while taking freshwater smelt for sale as bait from ice in through February 28.

(b) The licensed bait dealer shall immediately liberate alive all undersized smelt into the waters from which they were taken.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91(from Fis 406.05); EXPIRED: 1-1-97
#6432, eff 1-21-97; ss by #7180, eff 1-1-00; ss by #8997, eff 9-29-07; ss by #10279, eff 2-28-13; ss by #10425, eff 1-1-14; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.06 Dealing in Live Fishing Bait {#sec-fis-502.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.06}

Any premises used by persons licensed to take and hold live finfish or aquatic invertebrates for bait shall be open for inspection by the executive director or designee at any time.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91(from Fis 406.06); ss by #5292, eff 12-20-91, EXPIRED: 12-20-97
#6713, eff 3-11-98, EXPIRED: 3-11-06
#8997, eff 9-29-07; ss by #10425, eff 1-1-14; ss by #11029, eff 1-26-16; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.07 Importation of Finfish for Bait {#sec-fis-502.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.07}

(a) No person shall import fin fish for bait, unless the person is a licensed retail or wholesale bait dealer in accordance with Fis 1104.04, who is also in possession of a permit to import bait fish, issued in accordance with Fis 1104.07.

(b) A permit to import bait fish shall be issued to import only the following species:

(1) White sucker (Catostomus commersonii);

(2) Eastern creek chubsucker (Erimyzon oblongus);

(3) Tomcod or killifish (Fundulus sp.);

(4) Golden shiner (Notemigonus crysoleucas);

(5) Common shiner (Luxilis cornutus);

(6) Spot-tail shiner (Notropis hudsonius);

(7) Eastern silvery minnow (Hybognathus regius);

(8) Emerald shiner (Notropis atherinoides);

(9) Lake chub (Couesius plumbeus);

(10) Creek chub (Semotilus atromaculatus);

(11) Fallfish (Semotilus corporalis); and

(12) Rainbow smelt (Osmerus mordax).

(1) Live fish imported for use as freshwater fishing bait shall only be imported from states with an aquatic invasive species monitoring program, approved in advance of the importation by the executive director, and meeting the testing criteria contained in Fis 803.09 and the reporting requirements of Fis 803.10;

(2) The date of importation from an approved hatchery source shall be within 6 months of the inspection;

(3) No species of aquatic invertebrate shall be imported for use as bait or otherwise;

(4) Freshwater smelt shall not be imported, except that all bait fish and freshwater smelt that are natal to the state of Maine and free of pathogens, in accordance with Fis 803.09, may be imported without a prior inspection of the source;

(5) No dealer shall import a greater quantity of bait fish than the quantity specified on that person’s import permit;

(6) Each shipment of imported fish for bait received by a licensed bait dealer shall be accompanied with a dated bill of sale, signed by the source of purchase, indicating the quantity by species and the name and address of the source of said fish; and

(7) The bill of sale and all documents showing the results of any inspection or testing of imported fish shall be open for inspection by the executive director or designee at any time.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91 (from Fis 406.07); amd by #5723, eff 12-1-93; amd by #5723, eff 12-1-93; ss by 6177, eff 1-27-96, EXPIRED: 1-27-04
#8120, eff 7-16-04; amd by #9249, eff 1-1-09; ss by #10279, eff 2-28-13; ss by #11029, eff 1-26-16; ss by #12768, eff 5-3-19; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.08 Reporting {#sec-fis-502.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.08}

(a) All persons licensed to deal in bait in accordance with RSA 214:34 shall file a monthly report on combined brochure form 84 and 84-A “Freshwater Bait Dealers Monthly Report”, Rev. 12/2018, available on line at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/ bait-dealer-report.pdf, with the executive director as follows:

(1) Any licensed bait dealer who takes freshwater smelt from New Hampshire waters for sale as bait shall complete form 84 by the 15th of each month, for the previous calendar month, whether or not the taking of such fish occurred; and

(2) Any licensed bait dealer who imports bait from outside the state in accordance with a permit issued pursuant to Fis 1104.07 shall complete form 84-A by the 15th of each month, for the previous calendar month, whether or not an import occurred.

(b) All reports shall be maintained, complete to the previous day, and shall be either in the possession of or reasonably accessible to the licensee so that they shall be open for inspection by the director or designee at any time.

(c) Any licensed bait dealer who notifies the executive director in advance, in writing, that he or she will not be taking freshwater smelt from any in-state location or importing bait fish from outside the state for a period in excess of 60 days shall not be required to report for that period so long as no freshwater smelt are taken and no bait fish are imported. The notification shall be signed subject to the penalties for making unsworn false statements under RSA 641:3.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91(from Fis 406.08); ss by #5723, eff 12-1-93; ss by #6713, eff 3-11-98, EXPIRED: 3-11-06
#8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07
#8997, eff 9-29-07; amd by #10007, eff 1-1-12; ss by #10425, eff 1-1-14; ss by #12768, eff 5-3-19; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.081 Wholesale Bait Sales Records {#sec-fis-502.081 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.081}

(a) The wholesale bait dealer licensee shall provide a dated bill of sale or record of transaction to the purchaser whenever bait fish are sold to another licensed bait dealer.

(b) The dated bill of sale or record of transaction shall include:

(1) The species;

(2) The quantity by species;

(3) The wholesale bait dealer’s license number;

(4) The purchaser’s bait dealer’s license number; and

(5) Both the seller’s and purchaser’s signatures or the signatures of their agents, subject to the penalties for making unsworn false statements under RSA 641:3.

(c) Such records shall be kept January through December 31 and shall be made available to the executive director or designee upon request.

History

#6713, eff 3-11-98, EXPIRED: 3-11-06
#8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07
#8997, eff 9-29-07; amd by #9773-A, eff 1-1-11; ss by #10425, eff 1-1-14; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.09 Suspension of Bait Dealer License or Permit to Import Bait Fish {#sec-fis-502.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.09}

(a) Any person may complain in writing to the executive director of the department if that person has reason to believe that a licensed bait dealer or holder of a permit to import bait fish has failed to comply with any provision of RSA 214:34 and RSA 214:35 or these rules.

(b) Any action seeking the suspension or revocation of an annual bait dealer license or permit to import bait fish shall be taken in accordance with RSA 541-A:30 and Fis 200.

(c) The period of suspension for the following offenses shall continue, and no license or permit shall be restored, until all required information has been filed with the department or notice is received from another jurisdiction that the license holder has satisfied all obligations imposed by that jurisdiction:

(1) Failure to file a report required by Fis 502.08 for more than 30 days;

(2) Failure to obtain a permit to import;

(3) Failure to pay any required fee; or

(4) Recognition of a suspension or revocation action imposed by another jurisdiction.

(d) The period of suspension for the following offenses shall be 1 year from the date of conviction:

(1) Taking or possessing of bait in excess of statutory limits or daily limits imposed by these rules;

(2) Importing of bait fish into this state without evidence of required testing, whether from hatchery stock or wild sources;

(3) Knowingly, recklessly, or negligently introducing into this state a fish-borne pathogen or invasive species as a result of a failure to follow procedures imposed by these rules; or

(4) Using an improper method(s) to take bait fish for sale, in violation of these rules.

History

#6177, eff 1-27-96, EXPIRED: 1-27-04
#8120, eff 7-16-04; ss by #10279, eff 2-28-13; and by #10936, eff 1-1-16; rpld by #12768, eff 5-3-19
#12768, eff 5-3-19; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 502.10 Bait Fish, Organized and/or Commercial Activities {#sec-fis-502.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 502.10}

RESERVED

History

#6177, eff 1-27-96, EXPIRED: 1-27-04
#8120, eff 7-16-04; ss by #10279, eff 2-28-13; rpld by #12768, eff 5-3-19

Part Fis 503 Fishing Tournaments

N.H. Code Admin. R. Ann. Fis 503.01 Definitions {#sec-fis-503.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 503.01}

(a) “Black bass tournament” means a type of fishing tournament where the only eligible species for entry are black bass (Micropterus salmoides and M. dolomieui), and all of these fish caught are released.

(b) “Club level event” means a black bass tournament involving up to and including 15 boats.

(c) “Culling” means the act of exchanging a newly caught fish for one of the same species already in possession of the angler.

(d) “Fishing tournament” means any organized fishing event conducted on the freshwaters of the state in which participants, whether or not pre-registered, compete for any awards or prizes, including cash, trophies, citations, ribbons, or points. The term includes angling conducted from the shore, any structure, or any watercraft, whether or not motorized or registered in accordance with RSA 270.

(e) “Catch, measure, release tournament” means a type of fishing tournament in which all fish are released at the site of capture immediately following measurement, weighing, or photographing the fish.

(f) “Intra-scholastic fishing tournament” means a fishing tournament held by a New Hampshire Interscholastic Athletic Association (NHIAA) affiliated school where all the participants are enrolled in the same school.

(g) “Kids’ derby” means a fishing tournament where all the participants are under 16 years of age.

(h) “Pre-registered” means having signed up in advance as a requirement to participate in a fishing tournament.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97
#6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97
#6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10007, eff 1-1-12; amd by #10541, eff 4-1-14; ss by #12768, eff 5-3-19; ss by #13798, eff 11-1-23; ss by #14445, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Fis 503.02 Permit Required {#sec-fis-503.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 503.02}

(a) No person shall conduct a fishing tournament without obtaining a fishing tournament permit pursuant to in Fis 1104.05.

(b) Effective January 1, 2026, applicants for a fishing tournament shall complete the on-line form “Application for Permit to Conduct a Fishing Tournament”, Rev 01/26, available at: https://www.wildlife.nh.gov/fishing-new-hampshire/tournaments.

(d) A permit issued for a fishing tournament shall be valid for no longer than 3 consecutive days.

(e) A person shall be deemed to have a fishing tournament permit by rule for fishing tournaments that meet the following conditions:

(1) The fishing tournament is held entirely on private ponds and no state fish are provided by the department;

(2) The fishing tournament is an intra-scholastic fishing tournament; or

(3) The proposed tournament is to take place entirely within the coastal and estuarine waters as defined in Fis 601.01 and targets only species of fish that spend all or a portion of their existence in the Atlantic Ocean.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97
#6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97
#6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10279, eff 2-28-13; ss by #10541, eff 4-1-14; ss by #11193, eff 9-30-16; ss by #13798, eff 11-1-23; ss by #14445, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Fis 503.03 Tagging {#sec-fis-503.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 503.03}

The department shall not tag fish for the purpose of prize determination in a fishing tournament.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97
#6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97
#6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10279, eff 2-28-13; ss by #13532, eff 2-1-23; ss by #13798, eff 11-1-23

N.H. Code Admin. R. Ann. Fis 503.04 Reporting {#sec-fis-503.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 503.04}

(a) Any person conducting a fishing tournament, except kids derbies as described in Fis 503.05(k) and black bass tournaments reported as specified in paragraph (b) below, shall submit form “General Tournament Record Form”, Rev 01/26, available online at https://www.wildlife.nh.gov/fishing-new-hampshire/tournaments.

(b) Any person conducting a black bass tournament, as specified in Fis 503.06, shall complete the on-line form “Bass Tournament Record Form”, Rev 01/26, available at https://www.wildlife.nh.gov/fishing-new-hampshire/tournaments.

(c) In addition to the requirements in paragraph (a) above, fishing tournaments with a lake trout or landlocked salmon category shall report individual lengths and weights of fish entered.

(d) All record forms shall be completed within 30 days after the end of the fishing tournament.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97
#6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97
#6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10279, eff 2-28-13; ss by #10425, eff 1-1-14; ss by #13798, eff 11-1-23; ss by #14445, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Fis 503.05 General Restrictions for Fishing Tournaments {#sec-fis-503.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 503.05}

(a) No fishing tournaments, except as specified in paragraph (k) below, shall be held on waterbodies managed for trout as specified in Fis 406.02, Fis 406.03, Fis 406.07, Fis 407.02, and Fis 407.04.

(b) No fishing tournaments shall be held on waterbodies stocked for lake trout and salmon by the department, except:

(1) Black bass tournaments permitted under Fis 503.06;

(2) Tournaments that have been conducted with valid permits prior to January 1, 1999, provided the permit is renewed annually; and

(3) Open water tournaments that target rock bass (Ambloplites rupestris) that have been conducted with valid permits prior to January 1, 2008, provided the permit is renewed annually.

(d) A fishing tournament permit application shall be denied by the executive director if:

(1) It would be biologically detrimental to the fish populations in the water body;

(2) A fisheries research or management program on the waterbody would be affected;

(3) It would cause a conflict with another permitted tournament; or

(4) The sponsoring organization has not submitted a report in accordance with Fis 503.04 for a previously held fishing tournament.

(e) Fishing tournaments shall be no longer than 3 consecutive days.

(f) The minimum length for lake trout and salmon in fishing tournaments, permitted under paragraph (b) above, shall be 22 inches for lake trout and 18 inches for salmon.

(g) Culling shall be prohibited, except as specified in Fis 503.06(a).

(h) No tournament weigh-ins shall occur at department-controlled access facilities.

(i) When a permitted fishing tournament uses a department-controlled boat access facility, no more than 50 percent of the facility’s designated parking spaces shall be used by participants in the tournament.

(j) The department shall provide trout only to kids’ derbies.

(k) Kids’ derbies shall be subject to the following restrictions:

(1) Effective January 1, 2027, the department may provide trout on a 50-50 matching basis, not to exceed 250 state fish for any one derby, and matching state fish shall only be available for stocking between April 1 and June 30;

(2) Fish imported into the state shall be in compliance with Fis 803;

(3) These derbies shall be held on public fishing waters or on private waters that shall remain open to the public for fishing for the remainder of the open season for trout;

(4) When derbies are held on private waters, the land owner shall provide written assurance of public use to the department;

(5) The derby sponsor shall complete the on-line form “Application to Conduct a Kids Fishing Derby, Rev 01/26, available on line at https://www.wildlife.nh.gov/fishing-new-hampshire/tournaments, at least 30 days prior to the date of the derby;

(6) A permit fee shall not be required for kids’ derbies; and

(7) If the derby sponsor charges an entry fee, the department shall not provide matching fish.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97
#6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97
#6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10007, eff 1-1-12; ss by #10674, eff 1-1-15; ss by #10855, eff 6-22-15; ss by #12933, eff 11-28-19; ss by #13798, eff 11-1-23; ss by #14445, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Fis 503.06 Black Bass Tournaments {#sec-fis-503.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 503.06}

(a) In addition to the general restrictions specified in Fis 503.01 through Fis 503.05, black bass tournaments shall also be subject to the following:

(1) Black bass shall only be held in a functional live well;

(2) No participant shall hold more than the daily limit of black bass;

(3) Culling of black bass shall be permitted only during permitted bass tournaments;

(4) Culled black bass shall be released immediately into the same body of water from which it was caught and in a physical state as to reasonably ensure its survival;

(5) Black bass entered for the weigh–in at black bass tournaments shall be released unharmed into the same waterbody where caught, as follows:

a. In lakes and ponds, not less than 300 feet away from shoreline; and

b. In rivers, at mid-channel not less than 300 feet away from the weigh-in site;

(6) Boats designated by the black bass tournament sponsor may hold more than the daily limit of black bass solely for the purpose of releasing black bass after weigh-in;

(7) There shall be no more than one weigh-in per calendar day in a black bass tournament; and

(8) Black bass tournaments held May 15 to June 15 shall be subject to the following:

a. Black bass shall be immediately released at location of capture;

b. Prior to release, black bass may be quickly measured, weighed, or both;

c. Black bass shall not be held in a live-well or otherwise retained longer than the time required for the fish to be measured and weighed prior to immediate release; and

d. Weigh-ins shall not be allowed during these tournaments.

(b) Black bass tournaments held on Umbagog Lake, Province Lake, Balch Pond, Horn Pond, Great East Lake, Milton Watershed, Lower Kimball Pond, and Spaulding Pond shall be subject to the following:

(1) Black bass shall be taken only by artificial lures and flies;

(2) From April 1 through May 14, permittees may hold up to 2 black bass in a live well and submitted for the black bass tournament. July 1 through November 30, permittees may hold up to 5 black bass in a live well and submitted for the black bass tournament;

(3) From May 15 through June 30, all black bass shall be immediately released unharmed at the site of catch; and

(4) No weigh-in black bass tournaments will be permitted on a body of water less than or equal to 500 acres, and there shall be no more than 10 weigh-in tournaments on any water body greater than 500 acres annually, only 4 of which may be open tournaments. These waters shall include Umbagog Lake, Province Lake, Balch Pond, Horn Pond, Great East Lake, and Milton Watershed.

(c) The number of boats participating in a permitted black bass tournament shall not exceed the maximum number listed on the fishing tournament permit application.

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; amd #5321, eff 1-31-92; ss by #6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97
#6917, eff 12-22-98; amd by #7858, eff 4-1-03; ss by #8119, eff 1-1-05; amd by #9250, eff 8-30-08; amd by #9249, eff 1-1-09; ss by #9773-A, eff 1-1-11; ss by #10854, eff 6-22-15; ss by #10936, eff 1-1-16; amd by #10981, eff 1-1-16, para (d); ss by #12758, eff 5-3-19; ss by #12933, eff 11-28-19; ss by #13798, eff 11-1-23; ss by #14445, eff 1-2-26, EXPIRES: 1-2-36

N.H. Code Admin. R. Ann. Fis 503.07 Intra-scholastic Fishing Tournaments {#sec-fis-503.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 503.07}

(a) Schools holding intra-scholastic fishing tournaments shall provide the New Hampshire fish and game department, fisheries division, with the following information at least 3 days prior to the beginning of their intra-scholastic tournament:

(1) School name;

(2) Contact name;

(3) Contact phone number and email address;

(4) Tournament date;

(5) Water body;

(6) Maximum number of boats;

(7) Species targeted; and

(8) If tournament operates under a format of catch, measure, and immediate release.

(b) Intra-scholastic fishing tournaments shall be conducted as specified in Fis 503.02(d), Fis 503.05, and Fis 503.06(a), (d) and (e).

History

#10541, eff 4-1-14; ss by #13798, eff 11-1-23

Part Fis 504 Trophy Fish Program

N.H. Code Admin. R. Ann. Fis 504.01 Trophy Fish Program {#sec-fis-504.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 504.01}

The species listed in Table 500.1 below, shall be eligible for the trophy fish program if they meet the minimum qualifying weights for fish kept or minimum lengths for fish caught and released:

Table 500.1

Species Name

Scientific Name

Weight

Inches

FRESHWATER FISH

Atlantic salmon, Lake

Salmo salar

5 lbs.

24"

Black crappie

Pomoxis nigromaculatus

2 lbs.

14"

Bluegill

Lepomis macrochirus

l lb.

10"

Brook trout

Salvelinus fontinalis

2 lbs.

16"

Brown bullhead

Ameiurus nebulosus

2 lbs.

14"

Brown trout

Salmo trutta

5 lbs.

25"

Carp, Common

Cyprinus carpio

20 lbs.

30”

Chain pickerel

Esox niger

4 lbs.

24"

Channel catfish

Ictalurus punctatus

6 lbs.

24”

Cusk (Burbot)

Lota lota

6 lbs.

28”

Fallfish

Semotilus corporalis

2 lbs.

15”

Lake trout

Salvelinus namaycush

10 lbs.

30"

Lake whitefish

Coregonus clupeaformis

4 lbs.

20"

Largemouth bass

Micropterus salmoides

5 lbs.

20"

Northern pike

Esox lucius

15 lbs.

38"

Pumpkinseed

Lepomis gibbosus

10 oz.

8”

Rainbow trout

Oncorhynchus mykiss

4 lbs.

20"

Rock bass

Ambloplites rupestris

1 lb.

10”

Smallmouth bass

Micropterus dolomieui

4 lbs.

19"

Walleye

Sander vitreus

6 lbs.

26"

White catfish

Ameiurus catus

4 lbs.

18”

White perch

Morone americana

2.5 lbs.

15”

Yellow perch

Perca flavescens

1.5 lbs.

14"

SALTWATER FISH

Atlantic mackerel

Scomber scombrus

3 lbs.

17"

Bluefish

Pomatomus saltatrix

15 lbs.

34"

Cod

Gadus morhua

40 lbs.

44"

Haddock

Melanogrammus aeglefinus

10 lbs.

30"

Pollock

Pollachius virens

30 lbs.

40"

Striped bass

Morone saxatilis

40 lbs.

45”

Winter flounder

Pseudopleuronectes americanus

2 lbs.

17"

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; ss by #5613, eff 4-16-93, EXPIRED: 4-16-99
#7383, eff 10-25-00; ss by #8997, eff 9-29-07; ss by #10936, eff 1-1-16; ss by #12768, eff 5-3-19

N.H. Code Admin. R. Ann. Fis 504.02 State Record Fish Program {#sec-fis-504.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 504.02}

(a) Any species of fish shall be eligible for the state record fish program.

(b) Fish shall have been hooked and landed or hooked, boated and landed in the state of New Hampshire.

(d) Fish to be entered into the state record program shall be presented to a conservation officer or a fisheries biologist for examination.

(e) Current records shall be made available by the department.

(f) The angler shall provide the following information on an application form:

(1) The following angler information:

a. Name;

b. Age;

c. Sex;

d. Complete address; and

e. Telephone number;

(2) The following fish information:

a. Species of fish;

b. Total length in inches

c. Weight in pounds; and

d. Girth in inches.

(3) The date when fish was caught;

(4) The method of taking and technical information on fishing equipment;

(5) The signature and address of a witness to verify the fish described above was hooked and landed or hooked, boated and landed in the state of New Hampshire;

(6) The signatures and addresses of 2 witnesses of the weighing and measuring of the fish described above and verifying the weight and measurements given;

(7) The signature of a notary public, justice of the peace, town clerk, postmaster, state or local law enforcement officer or fish and game employee and their title and telephone number; and

(8) The anglers signature, subject to the penalties for making unsworn false statements under RSA 641:3.

(g) Department personnel shall question witnesses listed on the application if necessary to verify application information.

(h) Department personnel shall examine scales if necessary to verify scale certification and accuracy.

(i) Any incomplete application shall be returned to the applicant.

(j) Entrants shall hold a current New Hampshire fishing license, resident or nonresident, except when a license is not required as specified in RSA 214:2.

(k) Where no current records exist, the entered species shall, upon meeting the requirements specified in Fis 504.02 (a) through (d) and (f), be declared a state record fish.

(l) Weight scales shall be certified by the New Hampshire department of agriculture, markets and foods.

Appendix

Rule

Specific State or Federal Statutes or Regulations which the Rule Implements

Fis 501.01, Fis 501.02

RSA 206:10, I

Fis 502.01

RSA 206:10, I; RSA 211:9

Fis 502.02

RSA 206:10, I; RSA 214:34-a; RSA 214:35

Fis 502.03

RSA 206:10, I; RSA 214:35

Fis 502.04

RSA 206:10, I; RSA 214:34-c

Fis 502.05

RSA 206:10, I; RSA 214:34-a; RSA 214:35

Fis 502.06

RSA 206:10, I; RSA 214:35

Fis 502.07

RSA 206:10, I; RSA 214:35

Fis 502.08

RSA 206:10, I; RSA 214:35

Fis 502.081

RSA 206:10, I; RSA 214:35

Fis 502.09

RSA 206:10, I; RSA 207:14, IV; RSA 214:35

Fis 502.10

RSA 206:10; 207:14; 214:35

Fis 503.01

RSA 206:10, I; RSA 211:16-b

Fis 503.02

RSA 206:10, I; RSA 211:16-b

Fis 503.03

RSA 206:10, I; RSA 211:16-b

Fis 503.04

RSA 206:10, I; RSA 211:16-b

Fis 503.05

RSA 206:10, I; RSA 211:16-b

Fis 503.06

RSA 206:10, I; RSA 211:16-b

Fis 503.07

RSA 206:10, I; RSA 211:16-b

Fis 504.01, Fis 504.02

RSA 206:10, I

History

(See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; EXPIRED: 1-1-97
#6432, eff 1-21-97; ss by #7383, eff 10-25-00; ss by #8997, eff 9-29-07; ss by #10936, eff 1-1-16

Chapter Fis 600 Marine Fishing Rules

Part Fis 601 Chapter Definitions

N.H. Code Admin. R. Ann. Fis 601.01 Coastal and estuarine waters {#sec-fis-601.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.01}

“Coastal and estuarine waters” means all waters within the rise and fall of the tide, and water below any fishway or dam which is normally the dividing line between tide water and fresh water, or below any tidal bound which has been legally established in streams flowing into the sea under the jurisdiction of the state.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 601.02 Groundfish {#sec-fis-601.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.02}

“Groundfish” means a group of fish which includes Atlantic cod (Gadus morhua), Atlantic wolffish (Anarhichas lupus), Atlantic halibut (Hippoglossus hippoglossus), ocean pout (Zoarces americanus), haddock (Melanogrammus aeglefinus), pollock (Pollachius virens), American plaice (Hippoglossoides platessoides), redfish (Sebastes marinus), white hake (Urophycis tenuis), summer flounder (Paralichthys dentatus), yellowtail flounder (Pleuronectes ferruginea), winter flounder (Pleuronectes americanus), windowpane flounder (Scophthalmus aquosus), and witch flounder (Glyptocephalus cynoglossus).

History

#1464, eff 1-1-80; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #12652, eff 10-27-18 (formerly Fis 601.08)

N.H. Code Admin. R. Ann. Fis 601.03 Mobile gear {#sec-fis-601.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.03}

“Mobile gear” means fishing gear that is mechanically or manually drawn, pulled, or dragged through the water for the purpose of entrapping and taking of marine species. The term includes but is not limited to purse seine, Scottish seine, beam trawl, midwater trawl, otter trawl, pair trawl, or drag seine in any form. The term does not include cast nets, dip nets held in hand, hook and line, seines less than 50 square feet, and stationary gill nets anchored on each end.

History

#1670, eff 11-20-80; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #12652, eff 10-27-18 (formerly Fis 601.07)

N.H. Code Admin. R. Ann. Fis 601.04 Net {#sec-fis-601.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.04}

“Net” means any open fabric constructed of materials such as but not limited to string, cord, thread, or wire, knotted or woven together in such a way as to be capable of entraining or entrapping fin fish.

History

#1670, eff 11-20-80; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #12652, eff 10-27-18 (formerly Fis 601.02)

N.H. Code Admin. R. Ann. Fis 601.05 River Herring {#sec-fis-601.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.05}

“River Herring” means a group of fish which includes alewives (Alosa pseudoharengus) and blueback herring (Alosa aestivalis).

History

#1670, eff 11-20-80; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00, EXPIRED: 3-16-08
#9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16; ss by #12652, eff 10-27-18 (formerly Fis 601.09)

N.H. Code Admin. R. Ann. Fis 601.06 Seine {#sec-fis-601.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.06}

“Seine” means the same thing as “net”.

History

#4306, eff 8-28-87; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00: 3-16-08, EXPIRED: 3-16-08
#9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16; ss by #12652, eff 10-27-18 (formerly Fis 601.03)

N.H. Code Admin. R. Ann. Fis 601.07 Single hook artificial lure {#sec-fis-601.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.07}

“Single hook artificial lure” means a lure with one single hook with not more than 3 hook points.

History

#5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00, EXPIRED: 3-16-08
#9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16; ss by #12652, eff 10-27-18 (formerly Fis 601.06)

N.H. Code Admin. R. Ann. Fis 601.08 Total length {#sec-fis-601.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.08}

“Total length” means the straight-line distance from the tip of the snout to the tip of the tail or caudal fin while the fish is lying on its side, normally extended.

History

#5953, eff 1-25-95, EXPIRED: 1-25-03
#8087, eff 5-27-04; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 601.09 Waters under the jurisdiction of the state {#sec-fis-601.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.09}

“Waters under the jurisdiction of the state” means those waters described in RSA 1:14 and 1:15.

History

#10094, EXEMPT, eff 2-29-12; ss by #12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 601.10 Weir {#sec-fis-601.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.10}

“Weir” means a fixed position fish trap consisting of a lead of net strung from poles, usually wooden, with a pocket of net within which the fish are contained.

History

#12652, eff 10-27-18 (formerly Fis 601.04)

N.H. Code Admin. R. Ann. Fis 601.11 Approved electronic tracking device {#sec-fis-601.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 601.11}

“Approved electronic tracking device” means an electronic device approved by the Atlantic States Marine Fisheries Commission to track vessel location and collect and transmit spatial data to the Atlantic States Marine Fisheries Commission’s Atlantic Coastal Cooperative Statistics Program in compliance with Addendum XXIX to the Interstate Fishery Management Plan for American Lobster and Addendum IV to the Interstate Fishery Management Plan for Jonah Crabs.

History

#13891, eff 2-21-24

Part Fis 602 Prohibited Marine Activities

N.H. Code Admin. R. Ann. Fis 602.01 Closing Off Streams {#sec-fis-602.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.01}

(a) No person(s) shall set or arrange a weir or net in any river or stream at any time to extend greater than from one shoreline to the thread or middle line of the stream.

(b) No person(s) shall set a weir or net within 1000 feet of another net. The distance between nets shall be measured in linear feet along the thread of the stream.

History

#745, eff 1-25-76; amd by #1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

N.H. Code Admin. R. Ann. Fis 602.02 Fishways Closed {#sec-fis-602.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.02}

(a) In addition to the restrictions and closures specified in Fis 402.07, the waters surrounding any dam which contains a fishway shall be closed to all fishing as described below:

(1) Lamprey River, from the upstream side of the Route 108 Bridge to 275 feet below the downstream side of the Macallen dam, tidal water, in the town of Newmarket;

(2) Exeter River, from the upstream side of the High Street Bridge to the downstream side of the Chestnut Street String Bridge, on the Squamscott River, in the town of Exeter;

(3) Exeter River, from the upstream side of the Pickpocket Dam and fishway including a 50 foot radius in front of the fishway on the upstream side to the downstream side of the Cross Roads Bridge in the towns of Brentwood and Exeter;

(4) Taylor River, from the upstream side of the fishway and dams including a 50 foot radius in front of the fishway on the upstream side to a line perpendicular to the south end of the south overflow culvert on Route 95 to the opposite side of the river, east;

(5) Cocheco River, from the upstream side of the Central Avenue Bridge to the downstream side of the Washington Street Bridge in the town of Dover;

(6) Oyster River, from the upstream side of the dam and fishway, including a 50 foot radius in front of the fishway on the upstream side to the downstream side of Route 108 bridge in the town of Durham;

(7) Winnicut River, within a 25 foot radius in the front of the fishway downstream in the tidal waters and within a 6 foot radius in front of the fishway opening upstream; and

(8) Salmon Falls River, from the upstream side of the Route 4 Bridge to 150 feet downstream of South Berwick dam in the town of Rollinsford.

(b) American eels, Anguilla rostrate, may be taken by use of traps, pots, or spears, within the tidal portions of the areas described in Fis 602.02(a) from June 15 to October 1.

(c) No person shall be on or in a fishway without written permission from the executive director or his or her agent. The request for permission shall be made in writing and shall include the purpose of the request. A valid request shall be for activities such as scientific research or maintenance.

(d) No person or persons shall take fin fish in fishways.

History

#1316, eff 2-15-79; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; amd by #3169, eff 12-31-85; ss by #4306, eff 8-28-87; amd by #4421, eff 5-24-88; ss by #5412, eff 6-19-92; amd by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; amd by #8913, eff 6-21-07; amd by #9056, eff 1-2-08; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

N.H. Code Admin. R. Ann. Fis 602.03 Import, Export, Transport, and Release {#sec-fis-602.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.03}

(a) No person shall bring, or have brought, into the state, nor transport, or caused to be transported, from the state to any other state or country, nor take from one point within the state to any other point within the state, any living marine plant, or marine animal, for release, without first procuring written permission to do so from the director.

(b) Applicants shall request permission in writing and shall include the name of the species involved, when and where the release shall occur, the names of the persons involved, and an explanation of why the release is necessary. Permission shall be granted if the director determines no adverse environmental harm will occur.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

N.H. Code Admin. R. Ann. Fis 602.04 Dumping of Fish {#sec-fis-602.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.04}

(a) No person on any commercial fishing vessel or party or charter vessel shall deposit upon the shores, in the bays, harbors, or rivers of the state any dead fish, or parts thereof, or fish smothered or injured to such an extent that they will die.

(b) Nothing in this section shall be construed to restrict the use of fish, or parts thereof, for chum or bait.

History

#1041, eff 10-15-77; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

N.H. Code Admin. R. Ann. Fis 602.05 Seining Restriction {#sec-fis-602.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.05}

(a) Seines used for the taking of marine species from estuarine and harbor waters of the state shall not be greater than 50 square feet. The mesh size shall be no smaller than 1/2 inch. For purposes of this section, "harbor waters" means any waters of a harbor inland of the most seaward jetty or daymarker.

(b) Seines shall only be manually drawn, pulled, or dragged through the water.

History

#5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00, EXPIRED: 3-16-08
#9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16

N.H. Code Admin. R. Ann. Fis 602.06 Gill Netting Restriction {#sec-fis-602.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.06}

(a) The taking, transporting, or possessing of Atlantic cod, Atlantic wolffish, Atlantic halibut, ocean pout, haddock, pollock, white hake, redfish, American plaice, and windowpane, witch, winter, and yellowtail flounders shall be prohibited on board any boat rigged for gill netting not in accordance with 50 CFR 648.80(a)(3)(iii) and (iv).

(b) The mesh size referred to in paragraph (a) shall be measured in accordance with 50 CFR 648.80(f)(1).

(d) Gill nets used for the taking of finfish, except as specified in (e), shall be subject to the following:

(1) No more than 25 gill nets shall be used in state waters; and

(2) Gill nets shall not be longer than 300 feet in length.

(e) Gill nets used for the taking of finfish from the waters of the Great Bay estuarine system inland of the Memorial Bridge in Portsmouth, Little Harbor and its tributaries inland of its most seaward jetty, Rye Harbor and its tributaries inland of its most seaward jetty, and inland of the Hampton Harbor Bridge shall be subject to the following:

(1) Gill nets shall have a mesh size no larger than 3 inches;

(2) Gill nets shall be no longer than 100 feet in length and no wider than 7 feet in width;

(3) Gill netting shall only be permitted from April 16 through October 31;

(4) Gill netting shall only be permitted between 2 hours before sunrise until 2 hours after sunset, except as provided in RSA 211:48-b; and

(5) Any person using a gill net to take finfish shall be within unaided eyesight of the net. “Unaided eyesight” means unaided by devices such as binoculars or spotting scope.

History

#1316, eff 2-15-79; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; amd by #4460, eff 7-29-88; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; amd by #7002, eff 5-25-99; ss by #7215, eff 3-16-00; ss by #7715, INTERIM, eff 6-21-02, EXPIRES: 12-18-02; ss by #7753, eff 8-19-02; ss by #9744, eff 7-1-10, EXPIRED: 7-1-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 602.07 Mobile Gear Restriction {#sec-fis-602.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.07}

(a) The taking, transporting, or possessing of Atlantic cod, Atlantic wolffish, Atlantic halibut, ocean pout, haddock, pollock, white hake, redfish, American plaice, and windowpane, witch, winter, and yellowtail flounders shall be prohibited on board any boat rigged for mobile gear, including but not limited to, purse seine, Scottish seine, beam trawl, midwater trawl, otter trawl, pair trawl, or drag seine in any form not in accordance with 50 CFR 648.80(a)(3)(i) - (iii).

(b) The mesh openings referred to in paragraph (a) shall be measured in accordance with 50 CFR 648.80 (f)(2).

History

#1316, eff 2-15-79; amd by #2105, eff 8-1-82; ss by #2839, eff 8-31-84; amd by #3150, eff 11-20-85; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; ss by #7215, eff 3-16-00; ss by #7715, INTERIM, eff 6-21-02, EXPIRES: 12-29-02; ss by #7753, eff 8-19-02; ss by #9744, eff 7-1-10, EXPIRED: 7-1-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 602.08 Lobster Landing and Possession Limits {#sec-fis-602.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.08}

(a) The following definitions shall apply to this section:

(1) “Day” means any 24 hour period or portion of that 24 hour period, for example, one day means 24 hours or less, 2 days means 24 to 48 hours, 3 days means 48 to 72 hours, 4 days means 72 to 96 hours and 5 days means 96 to 120 hours;

(2) “Holding car” means any container, enclosure, crate, or any other contrivances designed to hold and store lobster away from the vessel;

(3) “Net hauler” means any device capable of pulling all or portions of gillnets out of the water for the purpose of removing catches of lobster and fish; and

(4) “Rigged for netting” means a vessel having a trawl net and doors on board the vessel.

(b) No vessel shall land or possess more than the following amounts of lobster taken by non-trap legal methods:

(1) 100 lobsters per day;

(2) 500 lobsters for any fishing trip 5 days or longer; or

(3) 100 lobsters for any fishing trip when the duration of the trip in number of hours cannot be documented by the department.

(c) Any vessel landing lobsters which is rigged for netting or equipped with a net hauler and has both lobster and fish in possession shall be subject to the lobster limits specified in (b).

(d) Any vessel landing lobsters taken by any gear other than pots or traps during any fishing trip shall document the hourly duration of the fishing trip through vessel reports or the call-in system under the days at sea notification requirements pursuant to 50 CFR 648.10. These records shall be kept on board the vessel and shall be made available for inspection by any agent of the director.

(e) A vessel may possess lobsters, caught by non-trap legal methods, to exceed more than 100 lobsters per day provided:

(1) Lobsters shall be held separate from the fishing vessel in holding cars;

(2) The limits specified in (b) shall not be exceeded for any trip;

(3) That prior to putting the lobsters in the holding car, the fishermen shall notify a conservation officer of their intent to car lobster and the location of the holding cars;

(4) Not more than 100 lobsters are in possession for each day of fishing following notification; and

(5) Not more than 500 lobsters are in possession at any one time.

History

#1878, eff 12-4-81; rpld by #2105, eff 8-1-82
#6594, eff 10-1-97; ss by #8088, EXEMPT, eff 5-24-04

N.H. Code Admin. R. Ann. Fis 602.09 Marking and Tending of Gear {#sec-fis-602.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.09}

(a) For the purpose of this section, the term “72 COLREGS demarcation line” means the line defined in 33 CFR Section 80.115(b), namely “a line drawn from the southernmost tower on Gerrish Island charted in approximate position latitude 43°04.0’N longitude 70°41.2’W to Whaleback Light, thence to Jaffrey Point Light 2A, thence to the northeastern most extremity of Frost Point.”.

(b) No person shall leave unattended in the waters of the state a pot, trap, or net used for the take of a marine species unless the gear is identified in the following manner:

(1) All fixed gear shall have the name of the owner permanently affixed.

(2) High flier buoys, as customarily used on longline gear, shall be marked with the name of the owner;

(3) Pot or trap trawls shall be marked at each end with at least a single buoy made of highly visible material and utilize the distinctive color scheme or markings noted on the person’s license issued by the executive director;

(4) Gill nets and longline sets 6,000 feet or less shall be buoyed on each end to support a vertical shaft at least 5 feet high with a radar reflector of at least 100 square inches of reflective area;

(5) Flags and pennants affixed to buoys marking a string of gear as required by this section shall be of uniform color;

(6) Weak links with a maximum breaking strength of 1100 pounds shall be used in gillnet panels and on all flotation and/or weighted devices attached to the buoy line of gillnets set seaward of 72 COLREGS demarcation line and seaward of the Rye harbor approach channel as defined in RSA 211:19-a, III or the outer most jetty at the Hampton harbor entrance;

(7) By May 1, 2022, all buoy lines for gear used upon lobster, crab or fish traps or pots in state waters shall be rigged using:

a. 100% weak line; or

b. Top 50% weak line; or

c. Weak insert 50% down the buoy line;

d. Weak line and weak inserts must be on the list approved by the National Oceanic and Atmospheric Administration (NOAA) found at www.fisheries.noaa.gov/alwtrp.

(8) Groundlines between traps or gillnet panels shall be sinking for all gear set seaward of 72 COLREGS demarcation line and seaward of the Rye harbor approach channel as defined in RSA 211:19-a, III or the outer most jetty at the Hampton harbor entrance.

(9) Buoy lines used for lobster trap/pot or gill net gear in all state waters shall be permanently and clearly marked as follows:

a. By January 1, 2022, the marks shall be yellow in color, with one 3-foot long mark placed within two fathoms of the buoy at the surface system, and two additional 12-inch (30.5cm) marks placed in the top and bottom half of buoy lines;

b. The required colored marks may be added to the surface of the line in the form of dye, paint, thin colored whipping line, thin colored plastic, heat-shrink tubing, or other durable material. Alternatively, a thin colored line may be woven into or through the line or a solid yellow line may be used;

c. By May 1, 2022, within two fathoms of the buoy at the surface system 3 feet of the line shall be solid yellow in color; and

d. It is unlawful to fish lobster gear within state waters which has a buoy line marked with a green mark.

(10) No person or vessel shall fish with trap or pot gear set seaward of 72 COLREGS demarcation line and seaward of the Rye harbor approach channel as defined in RSA 211:19-a, III or the outer most jetty at the Hampton harbor entrance that has any portion of the buoy line floating at the surface at any time when the buoy line is directly connected to the gear at the ocean bottom. If more than one buoy is attached to a single buoy line, or if a high flyer and a buoy are used together on a single buoy line, floating line may be used between these objects.

(1) Mark each boat or vessel used to tend such gear with the distinctive color scheme or markings noted on the license issued by the executive director;

(2) Tend such gear only between one hour before sunrise to sunset; and

(3) Haul and tend any gear used to take or store lobster at least once in every 30 day period that the gear is placed in the water.

History

#1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #9014, EXEMPT, eff 1-1-08; ss by #9299, eff 10-22-08; ss by #10478, eff 1-1-14; ss by #10840, EXEMPT, eff 5-27-15; ss by #12655, EXEMPT, eff 11-1-18; ss by #13188, EXEMPT, eff 4-15-21; ss by #13320, EXEMPT, eff 12-29-21; ss by #133878, EXEMPT, eff 5-12-22

N.H. Code Admin. R. Ann. Fis 602.10 Lobster Trap Construction {#sec-fis-602.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.10}

(a) No person shall fish for or take lobsters unless the trap is equipped with unobstructed escape vents or gaps in the parlor section which shall have:

(1) A rectangular or oblong escape vent not less than 1 15/16 inches by 5 3/4 inches located next to the bottom edge;

(2) At least 2 circular escape vents not less than 2 7/16 inches in diameter;

(3) A gap caused by raising, modifying or separating horizontal laths to comply with paragraphs (1) or (2);

(4) A gap caused by separating or modifying vertical laths to comply with paragraph (1);

(5) A gap caused by separating both ends of 2 laths 1 3/4 inches on the top of the parlor section next to the middle bow or supporting frame and directly over the parlor head; or

(6) In a wire or plastic trap, a gap created by cutting vents in the side or end to comply with paragraphs (1) or (2).

(b) No person shall set, raise, haul, or transfer any lobster trap unless the trap is equipped with an escape vent as required in this section or has been exempted under (c) below.

(c) The executive director shall exempt specific trap designs from the escape vent requirements of this section if it is statistically proven that the specific trap design will only take crabs and is incapable of taking lobsters. Any such trap design shall be approved by the executive director in writing after inspection by an agent for the executive director.

(d) In addition to the escape vents required in (a), all traps used to fish for or take lobsters shall have at least 2 runners or sills and an escape panel designed as follows:

(1) For a rectangular wire or plastic mesh trap:

a. At least 2 parallel runners or sills attached to the bottom of the trap running along the entire length of the exterior; and

b. An unobstructed escape panel which shall be:

Located in the parlor section on the sides or end;
Hinged at the top of positively buoyant panels or at the bottom of negatively buoyant panels;
Tied with an untreated natural fiber such as cotton, sisal, hemp or jute not exceeding 3/16 inches in diameter before immersion in sea water, or a piece of non-stainless, uncoated ferrous metal wire not exceeding 3/32 inches in diameter; and
Of sufficient size to create an opening of at least 3-3/4" x 3-3/4" when the panel is removed or opened;

(2) Any non-rectangular wire or plastic mesh trap shall have at least 2 runners or sills and shall have an escape panel designed to create a space of at least 3-3/4" x 3-3/4" when open;

(3) The construction design of the runners, or sills, and the escape panels of a non-rectangular wire or plastic mesh trap shall be approved in writing by the executive director after inspection by his agent shows that the design of the trap will fish the same as the criteria for traps under (d)(1), above;

(4) Nothing shall be placed in the parlor section of any rectangular wire or plastic mesh trap, whatever the design, which would obstruct the 3-3/4" x 3-3/4" escape panel after disintegration of the natural fiber or other material;

(5) For a wood lath half-round or so-called "round" or wood rectangular trap:

a. Every wood lath half round or so-called "round" or wood rectangular trap shall have at least 2 parallel runners or sills on the bottom, running the entire length of the trap exterior;

b. Every wood lath half-round or so-called "round" or wood rectangular trap shall have an unobstructed escape panel which shall be:

Created by one untreated, softwood lath running the full length of the parlor section, which shall:

(i) Have the same dimensions as the other laths on the trap;

(ii) Not be located where it will rest on the sea-bottom; and

(iii) After disintegration, leave a space of at least 3.0 inches between adjacent laths; and

An opening of at least 3.0 inches between adjacent laths, running the length of the parlor section which is laced with an untreated natural fiber such as cotton, sisal, hemp, or jute not exceeding 3/16 inches in diameter before immersion in sea water; and

c. Nothing shall be placed in the parlor section of a wood lath half-round or so-called "round" or wood rectangular trap which might obstruct the 3 inch opening after disintegration of the untreated lath or natural fiber lacing; and

(6) Any other type of wooden trap shall have runners or sills as described in (5)b.1. and an unobstructed escape panel laced with an untreated natural fiber such as cotton, sisal, hemp or jute not exceeding 3/16 inches diameter before immersion in sea water to provide a minimum opening of at least 3 3/4" x 3-3/4" in the parlor section when lacing disintegrates.

(e) The executive director shall exempt a specific trap design from the provisions of Fis 602.10(d) if the trap design will take only crabs and is incapable of taking lobsters.

(f) Any such trap design that meets the requirements of (e) above shall be approved by the executive director in writing after inspection by his agent.

History

#4170, eff 11-26-86; amd by #4247, eff 3-30-87; amd by #4616, eff 5-25-89; ss by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; amd by #6916, eff 12-22-98; amd by #7002, eff 5-25-99; ss by #7215, eff 3-16-00, EXPIRED: 3-16-08
#9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16

N.H. Code Admin. R. Ann. Fis 602.11 Lobsters {#sec-fis-602.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.11}

(a) No person shall possess any V-notched female American lobster. For the purposes of this paragraph, V-notched lobster means any female lobster marked with a V-notch in the right flipper next to the middle flipper or any female lobster which is mutilated in a manner which could hide or obliterate the mark. The right flipper shall be determined when the underside of the lobster is down and its tail toward the person making the determination.

(b) No person shall be considered in violation of paragraph (a) if any such lobster is immediately returned to the natural habitat.

(c) All commercial and limited and part-time commercial lobster licensees shall immediately V-notch and return to the water, all egg-bearing female lobster captured in the process of taking lobster. For the purpose of this paragraph, a V-notch is a “V” shaped notch, cut by means of a sharp bladed instrument, of at least 1/4 inch and not greater than 1/2 inch in depth and tapering to a sharp point in the flipper next to and to the right of the center flipper as viewed from the rear of the female lobster when the underside of the lobster is down.

(d) Any person who has more than one area designated on their federal lobster permit shall comply with the most restrictive measures regardless of where the lobsters were taken.

History

#4395, eff 4-18-88; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00; ss by #7711, eff 6-20-02; amd by #7914, EXEMPT, eff 6-30-03; ss by #9919, EXEMPT, eff 4-29-11; ss by #13637, EXEMPT, eff 5-17-23

N.H. Code Admin. R. Ann. Fis 602.12 Legal Length for Lobster {#sec-fis-602.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.12}

(a) The minimum length for lobster shall be 3 1/4 inches except the minimum length for lobster taken or possessed in state waters by any vessel federally permitted to take lobsters in:

(1) Lobster Management Area 3 as specified in 50 CFR 697.18 shall be 3 17/32; and

(2) Lobster Management Areas 2, 4, 5, 6, and the Outer Cape Lobster Management area shall be 3 3/8.

(b) The maximum length for lobster shall be 5 inches except as provided in RSA 211:27, III(b) or any vessel federally permitted to take lobsters in:

(1) Lobster Management Areas 2, 4, 5 and 6 shall be 5 ¼ inches; and

(2) Lobster Management Area 3 shall be 6 3/4 inches.

(d) Lobster and lobster meat taken from the shell shall be measured in accordance with RSA 211:27.

History

#4604, eff 4-26-89; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; rpld by #6443, eff 5-15-97; ss by #6916, eff 12-22-98; ss by #7711, eff 6-20-02; ss by #7914, EXEMPT, eff 6-30-03; ss by #8343, EXEMPT, eff 7-1-05; ss by #8819, EXEMPT, eff 2-1-07; ss by #9186, EXEMPT, eff 6-24-08; amd by #9772, INTERIM, eff 8-26-10, para (e) EXPIRED: 2-22-11; amd by #9887, eff 3-15-11 (para (e)); amd by #10266, EXEMPT, eff 1-29-13 (para (a) &(b)); amd by #10975-A, EXEMPT, eff 11-17-15 (para (a) (1)&(2)); amd by #11052, eff 3-9-16; ss by #14161, EXEMPT, eff 12-27-24; ss by #14251, EXEMPT, eff 5-23-25

N.H. Code Admin. R. Ann. Fis 602.13 Lobster Trap Limits {#sec-fis-602.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.13}

(a) Any individual holding a commercial lobster and crab license shall not use more than 1200 traps to take lobsters.

(b) Individuals holding a limited commercial lobster and crab license shall not use more than 600 traps to take lobster.

(c) Individuals holding a part-time commercial lobster and crab license shall not use more than 100 traps to take lobster.

(d) No person shall take or possess lobster using a trap with a volume greater than 22,950 cubic inches.

(e) Any individual with a trap allocation in Atlantic States Marine Fisheries Commission’s (ASMFC) Lobster Conservation Management Areas (LCMA) 2, 3, 4, 5 or 6 who transfers any portion of their trap allocation to another individual shall not be permitted to fish for lobsters in state waters.

(f) Lobsters shall only be taken by trap in state waters pursuant to RSA 211:18.

History

#6916, eff 12-22-98; ss by #8303, EXEMPT, eff 4-1-05; ss by #8528, EXEMPT, eff 1-1-06; amd by #9468, EXEMPT, eff 5-12-09; ss by #10460, EXEMPT, eff 1-1-14

N.H. Code Admin. R. Ann. Fis 602.14 Transfer of Limited Commercial and Commercial Lobster Licenses - Temporary Physical Disability {#sec-fis-602.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.14}

(a) A person holding a limited commercial or a commercial lobster license, pursuant to RSA 211:18 III, who suffers a temporary physical disability that precludes the ability to take lobsters for a minimum of 30 days may temporarily transfer a license as follows:

(1) A commercial license to a person qualified pursuant to RSA 211:21; or

(2) A limited commercial license to a person qualified pursuant to RSA 211:21 not presently licensed to take lobsters pursuant to RSA 211:18.

(b) The transferor shall submit in writing to the executive director the following:

(1) The description of the temporary physical disability;

(2) A physician's letter attesting to the disability;

(3) The following information on the person who will be acting on the licensee's behalf:

a. Name;

b. Address; and

c. Current lobster license number; and

(4) The time frame of the expected duration of the transfer.

(d) The transferred license shall be valid for the period of the disability but no longer than 2 years from the date of transfer and shall convey all the privileges, rights and restrictions associated with such license.

(e) The transfer of the license shall not be effective until a letter from the executive director has been received stating that the transfer of the license has been made.

History

#6916, eff 12-22-98; ss by #8303, EXEMPT, eff 4-1-05; amd by #8819, EXEMPT, eff 2-1-07

N.H. Code Admin. R. Ann. Fis 602.15 Transfer of Limited Commercial and Commercial Lobster License {#sec-fis-602.15 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.15}

(a) In the event a resident commercial lobster license holder, pursuant to RSA 211:18 III, who has landed a verified 12,000 pounds of lobster for any 2 years during the previous 5 years suffers death or a permanent physical disability that precludes the ability to take lobsters, the license holder or heirs may request the transfer of the license to a person qualified pursuant to RSA 211:21 as follows:

(1) The transferor shall submit in writing to the executive director and include the following:

a. The name, address, lobster license number, and date of birth of transferor;

b. If disabled, the description of the disability and a physician’s letter attesting to the disability; or

c. If death, a copy of the death certificate and legal documentation of executor of the estate, and

d. The following information on the person who will be receiving the license:

Name;
Address;
Phone number;
Current lobster license number; if applicable; and
The relationship of the person to the licensee.

(2) Any cost associated with obtaining the medical documentation shall be the responsibility of the transferee.

(b) In the event a resident limited commercial lobster license holder, pursuant to RSA 211:18 III, who has landed a verified 6,000 pounds of lobster for any 2 years during the previous 5 years suffers death or a permanent physical disability that precludes the ability to take lobsters, the license holder or heirs may request the transfer of the license to a person qualified pursuant to RSA 211:21 as follows:

(1) The transferor shall submit in writing to the executive director and include the following:

a. The name, address, lobster license number, and date of birth of transferor;

b. If disabled, the description of the disability and a physician’s letter attesting to the disability; or

c. If death, a copy of the death certificate and legal documentation of executor of the estate, and

d. The following information on the person who will be receiving the license:

Name;
Address;
Phone number;
Current lobster license number; if applicable; and
The relationship of the person to the licensee.

(2) Any cost associated with obtaining the medical documentation shall be the responsibility of the transferee.

(c) A person holding a resident commercial lobster license who has landed a verified 12,000 pounds of lobster for any 2 years during the previous 3 years may request the transfer of the commercial license to a person qualified pursuant to RSA 211:21 as follows:

(1) The transferor shall submit in writing to the executive director and include the following:

a. The name, address, lobster license number, and date of birth of transferor, and

b. The following information on the person who will be receiving the license:

Name;
Address;
Phone number; and
Current lobster license number, if applicable.

(d) A person holding a resident limited commercial lobster license, pursuant to RSA 211:18 III(c) prior to January 1, 2006, who has landed a verified 6,000 pounds of lobster during any 2 years of the previous 3 years may request the transfer of the limited commercial lobster license to a person not presently qualified under RSA 211:18 III(c) prior to January 1, 2006 but qualified pursuant to RSA 211:21 as follows:

(1) The transferor shall submit in writing to the executive director and include the following:

a. The name, address, lobster license number, and date of birth of transferor, and

b. The following information on the person who will be receiving the license:

Name;
Address;
Phone number; and
Current lobster license number, if applicable.

(e) The transferred license shall convey all the privileges, rights and restrictions associated with such license.

(f) The transfer of the license under (a), (b) and (c) shall not be effective until a letter from the executive director has been received stating that the transfer of the license has been made.

(g) No person may hold more than one NH lobster license.

(h) The person to whom the license is to be transferred shall have no outstanding states or federal fisheries violations nor be under any states or federal fisheries violation penalty.

(i) A person who transfers a license due to a permanent physical disability under paragraphs (a) or (b) will no longer be eligible to purchase a commercial, limited commercial, or part-time commercial lobster and crab license described under RSA 211:18 III-a (a)-(f) but may purchase a recreational lobster and crab license.

History

#6916, eff 12-22-98; ss by #8303, EXEMPT, eff 4-1-05; amd by #8819, EXEMPT, eff 2-1-07; ss by #9014, EXEMPT, eff 1-1-08; ss by #10160, EXEMPT, eff 7-16-12; ss by #10930, EXEMPT, eff 9-14-15

N.H. Code Admin. R. Ann. Fis 602.16 Lobster Trap Tags {#sec-fis-602.16 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.16}

(a) No person licensed in accordance with RSA 211:18 shall fish with, raise, or possess on board a vessel or submerged within the waters under the jurisdiction of this state, a lobster trap without a valid lobster trap tag affixed to the trap and issued to said person except:

(1) Helpers licensed in accordance with RSA 211:20; or

(2) A surrogate lobster licensee in the case of a temporary physical disability as specified in Fis 602.14 who may fish with, raise, or possess lobster traps with lobster tags not issued specifically to them.

(b) Any person licensed under RSA 211:18 who possesses on board a vessel any trap which is capable of taking lobsters shall be presumed to be in possession of a lobster trap.

(1) Securely attached to the frame of the lobster trap, in a manner for which it was designed such as a self-locking mechanism;

(2) Legible and clearly visible for inspection; and

(3) Not be altered or defaced.

(d) Lobster trap tags shall be valid for only one year beginning on June 1 and ending on May 31 of the following calendar year.

(e) Lobster trap tags shall be purchased directly from a vendor established by the Atlantic States Marine Fisheries Commission (ASMFC).

(f) The fish and game department shall supply the vendor with:

(1) The licensee’s name and mailing address;

(2) Whether the licensee is fishing in federal and/or state waters; and

(3) The number of tags the licensee may purchase.

(g) A person licensed pursuant to RSA 211:18 may purchase from the vendor:

(1) Up to 1200 lobster trap tags for a commercial license;

(2) Up to 600 tags for a limited commercial;

(3) Up to 100 tags for a part-time commercial license; and

(4) Up to 5 tags for a recreational license.

(h) No person shall fish more than the number of traps allowed in accordance with RSA 211:18 and Fis 602.13.

(i) Replacement tags shall be available to a lobster licensee by exchanging trap tags with the fish and game department on a one-for-one basis to allow for the necessary rotation and maintenance of lobster traps.

(j) In the case of catastrophic trap losses, which exceed 10% of the specific license trap tag allocation as specified in (g), an entirely new allotment of catastrophic replacement trap tags shall be purchased and issued. The original allotment of trap tags shall not be valid following the issuance of catastrophic replacement tags.

(k) Trap tags shall be issued to valid licensed lobster harvesters based on approved ASMFC Lobster Fishery Management Plan amendments and addenda.

(l) No more than two trap tags shall be affixed to a lobster trap at any given time.

History

#7214, eff 6-1-00; amd by #8819, EXEMPT, eff 2-1-07; ss by #9286, EXEMPT, eff 9-29-08; ss by #10460, EXEMPT, eff 1-1-14; ss by #12655, EXEMPT, eff 11-1-18; ss by #14161, EXEMPT, eff 12-27-24

N.H. Code Admin. R. Ann. Fis 602.17 Commercial Lobster Helper {#sec-fis-602.17 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.17}

(a) The requirement of this section shall not apply to persons on vessels permitted by National Marine Fisheries to trap American lobster.

(b) Helpers under this section shall not be persons who hold a part time commercial license to take lobster that only allows the use of 100 traps.

(c) Whenever more than one person holds a commercial lobster license, whether it is commercial lobster license or limited commercial lobster license for 600 traps, and the licensees are simultaneously on board and utilizing a single vessel, the taking of lobsters and crabs shall be prohibited except as specified in (d) through (g).

(d) Two persons who each hold a commercial lobster license, whether it is a commercial lobster license or a limited commercial lobster license which allows the use of 600 traps, and who each have verified landings of lobster in New Hampshire for any 2 years of the previous 3 years, may fish together on the same vessel as follows:

(1) The licensee whose traps are to be fished to take lobsters and crabs shall have obtained a letter of authorization as specified in (e) from the executive director to allow the other licensee to be the licensee’s lobster helper;

(2) The licensee also shall have obtained a helpers license pursuant to RSA 211:20 to use a helper; and

(3) The letter of authorization shall be on board the vessel whenever the 2 licensees listed in the letter are on board the vessel at the same time.

(e) The licensee in (d) (1) shall request a letter of authorization from the executive director by providing in writing the following:

(1) The licensee’s name and license number;

(2) The name of the vessel and the registration number and/or USCG documentation number which will be used for the taking of lobsters and crabs; and

(3) The name and commercial or limited commercial license number of the person who will be used as a helper.

(f) A person shall not request nor hold more than one letter of authorization from the executive director at any given time.

(g) If there are 2 licensees with authorization letters utilizing the same vessel to haul lobster gear, only one licensee’s gear shall be hauled in a calendar day.

History

#7464, eff 3-23-01; ss by #9425, eff 3-17-09; ss by #9703, eff 5-1-10, EXPIRED: 5-1-18
#12655, EXEMPT, eff 11-1-18

N.H. Code Admin. R. Ann. Fis 602.18 Hook Vessel Restrictions {#sec-fis-602.18 omnilex-key=us-nh-regs-official--agency-fis--Fis 602.18}

(a) "Hook gear" means fishing gear that is comprised of a hook or hooks attached to a line and includes but is not limited to longline, setline, jigs, troll line, rod and reel, and line trawl.

(b) Any vessel commercially rigged for hook gear shall:

(1) Use circle hooks when using bait;

(2) Not use more than 800 circle hooks; and

(3) Have fairlead rollers that have at least 6 inch spacing between the rollers.

(c) No person shall take commercially, any species of fish listed in Fis 602.06(a) by hook gear during April, May, and June.

History

#7715, INTERIM, eff 6-21-02, EXPIRES: 12-19-02; ss by #7753, eff 8-19-02; ss by #9744, eff 7-1-10, EXPIRED: 7-1-18
#12652, eff 10-27-18

Part Fis 603 Rules for Certain Fin Fish Species

N.H. Code Admin. R. Ann. Fis 603.01 River Herring {#sec-fis-603.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.01}

(a) No person shall take river herring, alewives (Alosa pseudoharengus) or bluebacks (Alosa aestivalis), by any method from the waters of the state between sunrise Wednesday and sunrise Thursday of any week.

(b) Any trap or weir used in the waters of the state during the period specified in paragraph (a) above shall be constructed so as to allow total escapement of all river herring.

(c) Any river herring taken by any method during the period specified in paragraph (a) above shall be immediately released back into the waters from which it was taken.

History

#1325, eff 3-15-79; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00; (section heading amended by #8344), EXPIRED: 3-16-08
#9216, INTERIM, eff 7-24-08, EXPIRES: 1-20-09; ss by #9286, EXEMPT, eff 9-29-08; ss by #13188, EXEMPT, eff 4-15-21; ss by #14161, EXEMPT, eff 12-27-24

N.H. Code Admin. R. Ann. Fis 603.02 American Shad {#sec-fis-603.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.02}

(a) American shad (Alosa sapidissima) taken by any method from tidal waters shall be immediately released back into the waters from which it was taken.

(b) No person shall transport, possess or land shad from outside the jurisdiction of the state that exceeds more than 5% of the total landing by weight per commercial trip.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-82; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; amd by #6916, eff 12-22-98; ss by #8088, EXEMPT, eff 5-24-04; ss by #8303, EXEMPT, eff 4-1-05; ss by #10266, EXEMPT, eff 1-29-13

N.H. Code Admin. R. Ann. Fis 603.03 Salmon {#sec-fis-603.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.03}

(a) The taking of any species of sea-run salmon, which spends part of its life cycle in fresh, brackish, or salt water under the jurisdiction of the state, shall be permitted. Such taking shall be done only by angling, as described in RSA 207:1, I, and only by anglers licensed under RSA 214:1.

(b) Any salmon taken in coastal and estuarine waters shall be immediately released back into the waters from which it was taken.

(c) Snagging or foul-hooking of salmon shall be prohibited, and any salmon foul-hooked or snagged shall be immediately released unharmed.

History

#1041, eff 10-15-77; amd by #1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by #4770, eff 2-27-90; EXPIRED 2-27-96
#6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

N.H. Code Admin. R. Ann. Fis 603.04 Salters {#sec-fis-603.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.04}

(a) "Salters" means any species of trout which spends part of its life cycle in brackish or salt water under the jurisdiction of the state.

(b) Taking of salters shall be done by angling, as defined in RSA 207:1, I, and only by anglers licensed under RSA 214:1.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2741, eff 6-13-84; amd by #4154, eff 10-31-86; ss by #4306, eff 8-28-87; ss by #4461, eff 7-29-88; ss by #4868, eff 7-20-90; ss by #6176, eff 1-27-96, EXPIRED: 1-27-04
#8087, eff 5-27-04; amd by #8913, eff 6-21-07; ss by #9744, eff 7-1-10; ss by #10733, eff 1-1-15; ss by #12489, EMERGENCY RULE, eff 3-7-18, EXPIRED: 9-3-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 603.05 Sand Eels {#sec-fis-603.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.05}

REPEALED

N.H. Code Admin. R. Ann. Fis 603.06 Salt Water {#sec-fis-603.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.06}

Smelt.

(a) Taking of salt water smelt, by use of net or weir, shall not be permitted between March 1 and December 15, in the waters under the jurisdiction of the state which lie inland of the so-called Memorial Bridge in Portsmouth.

(b) The daily limit for salt water smelt, taken by any method from coastal and estuarine waters, shall be 4 quarts liquid measure of whole, head and tail intact, smelt.

History

#1041, eff 10-15-77; ss by #2263, eff 1-7-83; ss by #2741, eff 6-13-84; amd by #4460, eff 7-29-88; ss by #4865, eff 7-17-90; amd by #5412, eff 6-19-92; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #10709, eff 1-1-15; ss by #14122, eff 11-25-24, EXPIRES: 11-25-34

N.H. Code Admin. R. Ann. Fis 603.07 Sea Herring {#sec-fis-603.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.07}

(a) “Sea herring” means that species of Atlantic sea herring known as Clupea harengus.

(b) “Management Area” means one of four Management Areas as specified in the Atlantic States Marine Fisheries Commission’s Amendment 3 to the Interstate Fishery Management Plan for Atlantic Herring.

(1) Management Area 1: All U.S. waters of the Gulf of Maine north of a line extending from the eastern shore of Monomoy Island at 41º 35' N latitude, 70° 00' W longitude, thence northeasterly to a point along the Hague Line at 42º 53' 14" N latitude, 67º 44' 35" W longitude, thence northerly along the Hague Line to the U.S. Canadian border, to include state and Federal waters adjacent to the States of Maine, New Hampshire, and Massachusetts. Management Area 1 is divided into Area 1A (inshore) and Area 1B (offshore). The line dividing these areas is described by the following coordinates.

N Latitude

W Longitude

41° 58´

70° 00´ at Cape Cod shoreline

42° 38´

70° 00´

42° 53´

69° 40´

43° 12´

69° 00´

43° 40´

68° 00´

43° 58´

67° 22´ (the U.S.-Canada Maritime Boundary)

(2) Management Area 2: All waters west and south of the Cape Cod shoreline at 70° 00' W longitude, to include state and Federal waters adjacent to the States of Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, and North Carolina.

(3) Management Area 3: All U.S. waters east of 70° 00' W longitude and southeast of the line that runs from a point at 70° 00' W longitude and 41º 35' N latitude, northeasterly to the Hague Line at 67º 44' 35" W longitude and 42º 53' 14" N latitude.

(4) Management area map:

(1) Massachusetts/New Hampshire Spawning Area. Massachusetts/New Hampshire Spawning Area means all waters north of Cape Cod bounded by the Massachusetts, New Hampshire, and Maine coasts and 43°30’ N latitude and 70°00’ W longitude.

Massachusetts/New Hampshire Spawning Area Map:

(2) During the period September 23 through November 3:

a. No person shall fish for, take, or possess unprocessed sea herring within the jurisdiction of New Hampshire, except as in (7), below and

b. No person shall possess or land sea herring taken from the Massachusetts/New Hampshire Spawning Area except as in (7) below.

(3) Closure Timing. To protect spawning sea herring, the executive director may modify the dates in (2) when it is determined that sea herring are in later stages of maturity just prior to spawning based on a formula and process set forth in Section 4.2.6 of the Atlantic States Marine Fisheries Commission’s Amendment 3 of the Interstate Fishery Management Plan for Atlantic Herring as modified by Addendum II to Amendment 3 of the Interstate Fishery Management Plan for Atlantic Herring.

(4) Closure Duration. Once the closure is enacted in (3), it shall remain in effect for 42 days.

(5) Closure Extension. The closure in (2), (3), and (4) shall be extended an additional 14 days if one sample taken from the Massachusetts/New Hampshire Closure Area is comprised of 20% or more spawn sea herring. Sample means a batch of 100 adult sea herring taken randomly from commercial catch or fish surveys during the last week of the initial closure period or at the end of the initial closure period. Spawn sea herring means mature sea herring in ICNAF gonadal stages V and VI.

(6) Closure Procedure. The initial closure date shall be announced via notice by the executive director at least 5-days prior to the closure being enacted and any closure extension shall be announced via notice by the executive director immediately to be enacted the day following the announcement.

(7) During a spawning closure as specified in (1) through (5), all vessels fishing for species other than sea herring shall be limited to an incidental catch of 2000 pounds of sea herring per calendar day caught in or from the management area subject to a spawning closure.

(d) State Permit. Any person, firm or organization engaged in the taking or landing of sea herring for the purpose of sale, trade, or barter shall first obtain a commercial saltwater license pursuant to RSA 211:49-a or RSA 211:49-b and a permit to take sea herring in accordance with Fis 609.02 from the executive director, provided that:

(1) Any person, firm or organization properly permitted may land sea herring from areas not under spawning closures provided they are equipped with a functional vessel monitoring system, and;

(2) Nothing in the above provisions shall prohibit a person from possessing sea herring for use as bait while in the normal conduct of tending lobster and crab pots or any sea herring used as bait for angling purposes.

(e) General Protective Conditions:

(1) No person shall land, transfer, or transport sea herring taken from a management area or sub-area closed to a directed sea herring fishery to an internal waters processing operation;

(2) No person shall land sea herring taken from a management area following notice from the executive director that 92% of the area’s seasonal or sub- annual catch limit will be exceeded or if 95% of the coastwide annual catch limit will be exceeded, except that a person may land and possess up to a maximum of 2,000 pounds of incidentally caught sea herring; and

(3) No person or vessel shall land sea herring more than once per calendar day.

(f) Specific Protective Conditions:

(1) If the Atlantic States Marine Fisheries Commission’s Atlantic herring section commissioners from New Hampshire, Maine and Massachusetts at a public meeting project that the seasonal or sub-annual catch limit of the management area will be exceeded without the imposition of “no landing days” and/or “weekly landing limits” controls, the executive director shall impose the number of “no landing days” and the “weekly landing limit for vessels” approved by a consensus of the commissioners.

(2) If the Atlantic States Marine Fisheries Commission’s Atlantic herring section commissioners from New Hampshire, Maine and Massachusetts acting in a public meeting cannot reach consensus on the number of no landing days, the executive director shall establish seven “no landing days” for New Hampshire.

(3) Vessels holding a federal “all areas limited access herring permit” pursuant to 50 CFR 648.4 (a)(10) (iv)(A)(1), also known as a “Category A permit” shall:

a. Notify the executive director of their intent to fish in Management Area 1A and their gear type 45 days prior to the June 1 through September 30 fishing season; and

b. Adhere to the “no landing days” and “weekly landing limits for vessels” imposed pursuant to this section.

(4) Vessels holding a federal “limited access incidental catch herring permit” issued pursuant to 50 CFR 648.4 (a)(10)(iv)(A)(3), also known as a “Category C permit” or a federal “open access herring permit” issued pursuant to 50 CFR 648.4 (a)(10)(vi), also known as a “Category D permit” shall:

a. Notify the executive director of their intent to fish in Management Area 1A with small-mesh bottom trawl gear prior to June 1; and

b. Adhere to the “no landing days” imposed pursuant to this section.

(5) The imposition of “no landing days” and “weekly landing limit” controls shall be announced via notice by the executive director.

(6) Carrier vessels, defined as a vessel that has received herring from another vessel and will not report that catch as its own on its Federal Vessel Trip Report, may not land sea herring caught from Herring Management Area 1A.

History

#1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; amd by #5691, eff 9-16-93; ss by #6176, eff 1-27-96; ss by #6440, eff 1-20-97; amd by #6584, eff 9-19-97; rpld (e) by #6602, eff 10-15-97; ss by #6733, eff 4-21-98; amd by #6856, eff 9-24-98; ss by #7215, eff 3-16-00; ss by #7346, eff 8-17-00; amd by #7464, eff 3-23-01; ss by #7702, EXEMPT, eff 6-6-02; ss by #7914, EXEMPT, eff 6-30-03; amd by #8088, EXEMPT, eff 5-24-04; ss by #8303, EXEMPT, eff 4-1-05; ss by #8818, EXEMPT, eff 2-1-07; amd by #9138, EXEMPT, eff 4-23-08; ss by #9468, EXEMPT, eff 5-12-09; amd by #10266, EXEMPT, eff 1-29-13; ss by #10460, EXEMPT, eff 1-1-14; ss by #11109, EXEMPT, eff 5-27-16; ss by #12195, EXEMPT, eff 5-31-17; ss by #12843, EXEMPT, eff 8-8-19

N.H. Code Admin. R. Ann. Fis 603.08 Striped Bass {#sec-fis-603.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.08}

(a) Notwithstanding Fis 601.08, for the purpose of this section, the following term shall have the following meaning:

(1) “Total length” means the straight-line distance from the front tip (snout/jaw) to the tip of the tail when the tail is squeezed to its maximum length while the fish is laying on its side.

(b) No person shall take, possess, or transport striped bass unless the fish is at least 28 inches in total length and less than 31 inches in total length. Striped bass shall have head and tail intact while on or leaving the waters or shores of the state except as follows:

(1) A person may possess up to 2 striped bass fillets so long as they also possess the fish rack that the fillets came from with the head and tail intact and the rack measures at least 28 inches and less than 31 inches in total length;

(2) Any striped bass fillet shall have the skin still attached for the purpose of identification of the fillet as striped bass.

(d) There shall be no closed season for the taking of striped bass.

(e) The sale of striped bass shall be prohibited regardless of origin.

(f) The taking of striped bass shall be prohibited by netting in any form except that striped bass may be landed by the use of a hand held dip net.

(g) The taking of striped bass by gaffing shall be prohibited.

(h) No person shall cull any striped bass taken from or while on the waters under the jurisdiction of the state.

(i) Any person taking striped bass with bait from the waters of the state by angling shall only use corrodible non-offset circle hooks, meaning a hook where the point and barb are turned perpendicularly back to the shank to form a circular shape. When such a hook is laid on a flat surface, all parts of the hook lie flat on the surface.

History

#1878, eff 12-4-81; ss by #2717, eff 5-18-84; ss by #2717, eff 5-18-84; ss by #3083, eff 7-31-85; amd by #4170, eff 11-26-86; amd by #4460, eff 7-29-88; ss by #4604, eff4-26-89; ss by #4822, eff 6-1-90; ss by #6036, eff 5-17-95; ss by #6443, eff 5-15-97; ss by #6766, eff 6-4-98; amd by #7503, eff 6-16-01; ss by #7877, eff 5-1-03; ss by #9919, EXEMPT, eff 4-29-11; ss by #10719, EXEMPT, eff 1-1-15; ss by #12655, EXEMPT, eff 11-1-18; ss by #12984, EXEMPT, eff 1-29-20; ss by #13109, EXEMPT, eff 9-23-20; ss by #13649, EXEMPT, eff 5-26-23; ss by #14608, EXEMPT, eff 4-15-26

N.H. Code Admin. R. Ann. Fis 603.09 Groundfish Restrictions {#sec-fis-603.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.09}

(a) For the purposes of this section, “recreational fishing” means the taking of fish by angling and spearfishing for personal use only and which are not sold.

(b) No person shall take or possess fish, except by recreational fishing as specified in (c), less than:

Table 603.01 Commercial Size Limits

Fish Species

Minimum Total Length Limit

Atlantic cod

19 inches

Haddock

16 inches

Pollock

19 inches

Winter flounder

12 inches

Witch flounder

13 inches

Yellowtail flounder

12 inches

American plaice

12 inches

Redfish

7 inches

Atlantic halibut

41 inches

(c) No person shall take or possess fish by recreational fishing less than the minimum total lengths specified in Table 603.02:

Table 603.02 Recreational Size Limits

Fish Species

Minimum Total Length Limit

| Atlantic cod | | --- |

23 inches

Haddock

17 inches

Pollock

no minimum length

Winter flounder

12 inches

Yellowtail flounder

13 inches

American plaice

14 inches

Summer flounder

15 inches

Redfish

9 inches

Atlantic halibut

41 inches

(d) Summer flounder shall only be taken by recreational fishing.

(e) Fillets of all groundfish species that are skinned shall retain at least 2 square inches of contiguous skin intact that enable the identification of fish species.

(f) Cod shall have head and tail intact or as fillets no less than 14 inches in length while on or leaving the waters of the state.

(g) Haddock shall have head and tail intact or as fillets no less than 10 inches in length while on or leaving the waters of the state.

(h) From April 1 through June 30, cod, haddock, and winter flounder shall not be taken for the purpose of sale.

(i) The waters of the state that are included in the Gulf of Maine Cod Spawning Protection Area described in 50 CFR §648.81(o)(1) shall be:

(1) Closed to all fishing from April 1 through June 30, except:

a. Fishing with a line in hand or rod in hand with gear that has no more than one ounce of artificial weight, a single artificial lure weighing one ounce or less; and

b. Commercial vessels using gear described in 50 CFR §648.2; and

(2) Closed to the taking and possession of groundfish, as defined in Fis 601.08, from April 1 through June 30, except possession shall be permitted only if transiting the area with groundfish caught outside the Gulf of Maine Cod Spawning Protection Area and provided:

a. Commercial vessels have gear stowed in accordance with the provisions of 50 CFR 648.23(b); and

b. Private recreational or charter/party vessels that have all bait and hooks removed from fishing rods or handlines and the groundfish species on board have been gutted.

(j) The recreational fishing daily limit for Atlantic cod shall be no more than one Atlantic cod.

(k) The recreational fishing daily limit for winter flounder shall be no more than 8 winter flounder.

(l) Persons only licensed to commercially take finfish, under RSA 211:49-a and RSA 211:49-b, shall be restricted to daily limits per vessel, in accordance with the weight limits for federally permitted, limited access vessels pursuant to 50 CFR §648.87(c)(2)(ii)(A), for sector vessels, or 50 CFR §648.86, for common pool vessels and non-federally permitted vessels in state waters.

(m) Commercial vessels that have not been assigned a federal groundfish permit may possess a maximum of 500 lbs. of winter flounder per vessel.

(n) The possession limit for Atlantic halibut on all vessels shall be no more than one fish per trip.

(o) Atlantic halibut shall have head and tail intact while on or leaving the waters of the state.

(p) No person shall take or possess Atlantic wolffish, windowpane flounder, and ocean pout.

(q) From March 1 through March 31, no person shall take or possess haddock by recreational fishing.

(r) The recreational fishing daily limit for haddock shall be no more than 15 haddock.

(s) The open season for taking Atlantic cod shall be September 1 through October 31.

History

#2030, eff 6-l-82; ss by #2839, eff 8-31-84; ss by #4395, eff 4-18-88; ss by #4604, eff 4-26-89; ss by #5412, eff 6-19-92; amd by #5521, eff 12-3-92; ss by #5789, eff 2-18-94; amd by #5953, eff 1-25-95; ss by #6176, eff 1-27-96; ss by #6712, eff 3-11-98; amd by #6916, eff 12-22-98; amd by #7002, eff 5-25-99; amd by #7213, eff 3-16-00; ss by #7715, INTERIM, eff 6-21-02, EXPIRES: 12-19-02; ss by #7753, eff 8-19-02; ss by #7965, eff 9-24-03; ss by #8087, eff 5-27-04; ss by #8302, eff 4-1-05; amd by #8343, EXEMPT, eff 7-1-05; ss by #8793, eff 1-9-07; amd by #9056, eff 1-2-08; amd by #9425, eff 3-17-09; amd by #9493, eff 6-25-09; ss by 9610, EXEMPT, eff 1-1-10; ss by #9805, eff 10-26-10; ss by #10095, eff 2-29-12; amd by #10119, INTERIM, eff 5-1-12, EXPIRES: 10-29-12; amd by #10162, eff 7-24-12; amd by #10266, EXEMPT, eff 1-29-13; amd by #10365, INTERIM, eff 7-1-13, EXPIRES: 12-30-13; ss by #10477, eff 11-28-13; ss by #10733, eff 1-1-15; ss by #10822, EMERGENCY RULE, eff 4-28-15, EXPIRES: 10-25-15; ss by #10835, eff 5-21-15; amd by #10970 eff 11-9-15; ss by #11079, eff 4-22-14; ss by #12368, eff 8-22-17; ss by #12853, EXEMPT, eff 8-20-19; ss by #13110, EXEMPT, eff 9-23-20; ss by #13434, EXEMPT, eff 8-11-22; ss by #13721, EXEMPT, eff 8-14-23; ss by #13793, EXEMPT, eff 10-25-23; ss by #14032, EXEMPT, eff 7-24-24; ss by #14549, EXEMPT, eff 4-1-26

N.H. Code Admin. R. Ann. Fis 603.10 Bluefin Tuna {#sec-fis-603.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.10}

REPEALED

History

#2105, eff 8-1-82; rpld by #2457, eff 8-28-83

N.H. Code Admin. R. Ann. Fis 603.11 American Eels {#sec-fis-603.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.11}

(a) No person shall take or possess American eels (Anquilla rostrata) less than 9 inches.

(b) No person shall take American eels, other than by angling, without obtaining the permit specified in Fis 609.01.

(c) No recreational anglers shall possess more than 25 American eels for bait purposes. For purposes of this paragraph, recreational angler shall include other persons such as crew members involved in charter employment or in a fishing party.

(d) No person shall take American eels (Anguilla rostrata) with a pot or trap that has a mesh size less than ½ inches throughout the pot or trap.

History

#2741, eff 6-13-84; ss by #4604, eff 4-26-89; amd #5412, eff 6-19-92; amd by #5521, eff 12-3-92; ss by #5789, eff 2-18-94; ss by #6176, eff 1-27-96; amd by #6916, eff 12-22-98; ss by #7215, eff 3-16-00; ss by #7371, eff 10-7-00; ss by #9216, INTERIM, eff 7-24-08, EXPIRES: 1-20-09; ss by #9286, EXEMPT, eff 9-29-08; ss by #10460, EXEMPT, eff 1-1-14; ss by #12655, EXEMPT, eff 11-1-18

N.H. Code Admin. R. Ann. Fis 603.12 Sturgeon {#sec-fis-603.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.12}

No person shall take or possess any sturgeon (Acipenseridae).

History

#2741, eff 6-13-84; ss by #4865, eff 7-17-90; rpld by #6176, eff 1-27-96; ss by #7371, eff 10-7-00; ss by #9216, INTERIM, eff 7-24-08, EXPIRES: 1-20-09; ss by #9286, EXEMPT, eff 9-29-08

N.H. Code Admin. R. Ann. Fis 603.13 Billfish - Blue Marlin, White Marlin, Sailfish and Longbill Spearfish {#sec-fis-603.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.13}

(a) No person shall take or possess blue or white marlin, sailfish and longbill spearfish except by angling.

(b) The minimum sizes shall be 99 inches for blue marlin, 66 inches for white marlin and 57 inches for sailfish. The lengths shall be measured from the tip of the lower jaw to the fork of the tail.

(d) Possession shall be limited to one billfish per trip.

(e) For the purpose of this section, fish taken by angling shall be for personal use only, and not to be sold, and "angling" shall be defined as in RSA 207:1, I, except that more than one hook may be attached to a line.

History

#4604, eff 4-26-89; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00, EXPIRED: 3-16-08
#9216, INTERIM, eff 7-24-08, EXPIRES: 1-20-09; ss by #9286, EXEMPT, eff 9-29-08

N.H. Code Admin. R. Ann. Fis 603.14 Red Drum {#sec-fis-603.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.14}

(a) No person shall take or possess red drum (Sciaenops ocellata) less than 20 inches total length or more than 27 inches total length.

(b) Possession shall be limited to 5 fish per day.

History

#4743, eff 1-24-90; ss by #5412, eff 6-19-92, EXPIRED: 6-19-98
#6916, eff 12-22-98; ss by #8088, EXEMPT, eff 5-24-04

N.H. Code Admin. R. Ann. Fis 603.15 Bluefish {#sec-fis-603.15 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.15}

(a) No person shall take by angling from the waters of the state, or possess while on or leaving the waters of the state, more than 5 bluefish in one day, with the exception that a person angling from a licensed saltwater for hire fishing vessel may take or possess 7 bluefish per day.

(b) From October 1 through June 30 no person shall take by any method from the waters of the state, or possess while on or leaving the waters of the state, bluefish for the purpose of sale.

(c) Any person taking bluefish with bait from the waters of the state by angling shall only use corrodible non-offset circle hooks, meaning a hook where the point and barb are turned perpendicularly back to the shank to form a circular shape. When such a hook is laid on a flat surface, all parts of the hook lie flat on the surface.

History

#4770, eff 2-27-90; ss by #5789, eff 2-18-94; ss by #6916, eff 12-22-98; ss by #8303, EXEMPT, eff 4-1-05; ss by #12984, EXEMPT, eff 1-29-20; ss by #13109, EXEMPT, eff 9-23-20; ss by #14607, EXEMPT, eff 5-18-26

N.H. Code Admin. R. Ann. Fis 603.16 Weakfish {#sec-fis-603.16 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.16}

(a) No person shall take or possess weakfish (Cynoscion regalis) less than 16 inches total length.

(b) No person shall possess more than 10 weakfish per day.

History

#5521, eff 12-3-92; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00; ss by #8088, EXEMPT, eff 5-24-04

N.H. Code Admin. R. Ann. Fis 603.17 Sea Urchins {#sec-fis-603.17 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.17}

(a) No person shall take or possess sea urchins, Strongylocentrotus droebachiensis, having shells less than 2 inches in the longest diameter, exclusive of spines, to an amount of more than 5 percent of any bulk pile.

(b) The 5 percent tolerance shall be determined by numerical count of not less than one peck nor more than 3 pecks taken at random from various parts of the bulk pile or by the entire pile if it is less than one peck. Sea urchins not meeting this requirement shall be culled immediately after capture and returned immediately to the sea.

(1) By hand or by pot from October 1 through March 15; or

(2) By a single sled from December 15 through March 15 as follows:

a. The effective fishing width of the sled shall be 48 inches or less;

b. The sled shall consist of a metal frame, 4 feet wide or less, followed by a checkerboard sweep either of twine or 1/4 inch chain;

c. The sweep shall be 36 inches or less in length with a maximum of 7 inch mesh, followed by a twine bag;

d. A tow bar shall be welded to the front of the frame with straps spaced to act as runners; and

e. The sled shall not be used in the following waters:

The Great Bay estuarine system inland of the Memorial Bridge in Portsmouth;
Little Harbor and its tributaries inland of its most seawar jetty;
Rye Harbor and its tributaries inland of its most seaward jetty; and
Inland of the Hampton Harbor Bridge; and

(3) No possession of other marine species including lobsters, finfish, or shellfish shall be allowed.

(d) No person shall take or possess sea urchins from March 16 to September 30.

History

#5736, eff 11-23-93; ss by #5789, eff 2-18-94; amd by #6176, eff 1-27-96; ss by #6443, eff 5-15-97; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

N.H. Code Admin. R. Ann. Fis 603.18 Goosefish {#sec-fis-603.18 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.18}

(a) No person shall take or possess goosefish (Lophius americanus) less than 17 inches total length or goosefish tails less than 11 inches as measured from the anterior portion of the fourth cephalic dorsal spine to the end of the caudal fin.

(b) Goosefish livers landed shall not exceed 25% of the total weight of goosefish tails or 10% of the total weight of whole goosefish on any trip. If a vessel lands both goosefish tails and whole goosefish the following weight ratio shall not be greater than 10%.

(c) To calculate the weight ratio for goose liver to both goosefish tails and whole goosefish, a person shall multiply the weight of goosefish tails by 2.57 and add the product to the weight of whole goosefish, then divide this number into the weight of the goosefish livers as in the formula: Weight of livers/((weight of tails X 2.57) + weight of whole fish).

History

#5789, eff 2-18-94, EXPIRED: 2-18-00
#7371, eff 10-7-00; ss by #9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16

N.H. Code Admin. R. Ann. Fis 603.19 Dogfish {#sec-fis-603.19 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.19}

(a) No person shall take, land or possess spiny dogfish in state waters whenever the state has been notified by the Atlantic States Marine Fisheries Commission (ASMFC) that the state quota has been taken.

(b) During any time period for which dogfish is closed as specified in (a) or (c), dogfish shall:

(1) Only be taken by angling;

(2) Be for personal use only; and

(3) Not be sold.

(c) The open season for taking dogfish in state waters shall be July 1 through April 30. The executive director may revise the opening of the season by up to 2 months depending on the quotas set by the ASMFC.

(d) Finning shall be prohibited. "Finning" means the taking of spiny dogfish, removing the fins, and returning the remainder of the spiny dogfish to the sea.

(e) The executive director shall set trip limits per calendar day based on the quotas and trip limits set by the ASMFC.

(f) Any person who is not a permitted federal dealer, shall report each week the following information consistent with the minimum data requirements of the Standard Atlantic Fisheries Information System (SAFIS):

(1) Name of processor, primary dealer, or properly licensed person;

(2) The dealer’s or processor’s wholesale marine species or commercial saltwater license number;

(3) Week of reporting period;

(4) Commercial harvester’s trip start date;

(5) Vessel name;

(6) State of vessel registration and number or coast guard number;

(7) Commercial harvester’s first name, last name, date of birth, and license number;

(8) Number of trips for commercial harvester per day;

(9) Species purchased;

(10) Number or pounds of species purchased;

(11) Disposition of species purchased;

(12) Ex-vessel value or price of purchased species;

(13) Port, county and state where species were landed;

(14) Date species unloaded from commercial harvester’s vessel;

(15) Grade and market size of purchased species;

(16) Gear used to harvest species; and

(17) Dated signature of dealer or processor, signed subject to the penalties for unsworn false statements under RSA 641:3.

(g) The reporting week shall be Sunday through Saturday. Reports shall be received by Tuesday of the following week.

History

#7428, eff 1-20-01; ss by #7883, EXEMPT, eff 5-1-03; ss by #7914, EXEMPT, eff 6-30-03; ss by #7930, EXEMPT, eff 8-5-03; ss by #8088, EXEMPT, eff 5-24-04; ss by #8303, EXEMPT, eff 4-1-05; ss by #10266, EXEMPT, eff 1-29-13; ss by #10460, EXEMPT, eff 1-1-14; ss by #13637, EXEMPT, eff 5-17-23

N.H. Code Admin. R. Ann. Fis 603.20 Sharks {#sec-fis-603.20 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.20}

(a) No person shall take, land, or possess the following species of sharks in state waters:

(1) Atlantic angel (Squatina dumeril);

(2) Basking (Cetorhinus maximus);

(3) Bigeye sand tiger (Odontaspis noronhai);

(4) Bigeye sixgill (Hexanchus nakamurai);

(5) Bigeye thresher (Alopias superciliosus);

(6) Bignose (Carcharhinus altimus);

(7) Bluntnose sixgill (Hexanchus griseus);

(8) Caribbean sharpnose (Rhizoprionodon porosus);

(9) Dusky (Carcharhinus obscurus);

(10) Galapagos (Carcharhinus galapagensis);

(11) Longfin mako (Isurus paucus);

(12) Narrowtooth (Carcharhinus brachyurus);

(13) Night (Carcharhinus signatus);

(14) Reef (Carcharhinus perezii);

(15) Sand tiger (Carcharias taurus);

(16) Sharpnose sevengill (Heptranchias perlo);

(17) Smalltail (Carcharhinus porosus);

(18) Whale (Rhincodon typus);

(19) White (Carcharodon carcharias);

(20) Atlantic shortfin mako (Isurus oxyrinchus); and

(21) Oceanic Whitetip (Carcharhinus longimanus).

(b) Dealers licensed under RSA 211:49-aa or RSA 211:49-c who purchase any of the following species of coastal sharks shall first obtain a federal dealer permit:

(1) Atlantic sharpnose (Rhizoprionodon terraenovae);

(2) Blacknose (Carcharhinus acronotus);

(3) Blacktip (Carcharhinus limbatus);

(4) Blue (Prionace glauca);

(5) Bonnethead (Sphyrna tiburo);

(6) Bull (Carcharhinus leucas);

(7) Common thresher (Alopias vulpine);

(8) Finetooth (Carcharhinus isodon);

(9) Great hammerhead (Sphyrna mokarran);

(10) Lemon (Negaprion brevirostris);

(11) North Atlantic Shortfin mako (Isurus oxyrinchus);

(12) Nurse (Ginglymostoma cirratum);

(13) Oceanic whitetip (Carcharhinus longimanus);

(14) Porbeagle (Lamna nasus);

(15) Scalloped hammerhead (Sphyrna lewini);

(16) Smooth Dogfish (Mustelus canis);

(17) Smooth hammerhead (Sphyrna zygaena);

(18) Spinner (Carcharhinus brevipinna); or

(19) Tiger (Galeocerdo cuvier).

(c) For the purpose of this section, “recreational fishing” means the taking of fish by angling and spearfishing for personal use only and which are not sold, traded, or bartered.

(d) For the purpose of this section, “fork length” means “fork length” as defined in 50 C.F.R Section 635.2, namely the straightline measurement of a fish from the midpoint of the anterior edge of the fish to the fork of the caudal fin. The measurement is not made along the curve of the body.

(e) Porbeagle shark (Lamna nasus) shall only be taken by recreational fishing from state waters.

(f) The head, fins, and tail of all shark species shall remain attached to the carcass through landing.

(g) Persons recreational fishing via angling for sharks with bait must only use non-offset, corrodible circle hooks.

History

#9610, EXEMPT, eff 1-1-10; ss by #12655, EXEMPT, eff 11-1-18; ss by #12843, EXEMPT, eff 8-8-19; ss by #13637, EXEMPT, eff 5-17-23; ss by #14000, EXEMPT, eff 6-18-24

N.H. Code Admin. R. Ann. Fis 603.21 Atlantic Menhaden {#sec-fis-603.21 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.21}

(a) No person shall take, land, possess, or transfer possession of Atlantic menhaden (Brevortia tyrannus) while on or leaving the waters under the jurisdiction of the state except in accordance with the licensing and permit requirements of this section.

(b) For the purpose of this section, “non-directed gear” means a pound net, anchored or stake gillnet, drift gill net, fishing weir, fyke net, trammel net, or floating fish trap.

(c) For the purpose of this section, “small-scale gear” means a cast net, trap other than a floating fish trap, pot, haul seine as defined in Fis 602.05, hook and line, and hand line.

(d) For purposes of this section, “land” means to transfer or attempt to transfer the catch of fish from any vessel to any other vessel or onto any land, pier, wharf, dock, or other artificial structure.

(e) For the purpose of this section, a “menhaden dealer” is:

(1) Any person or business who:

a. Is a New Hampshire licensed wholesale marine species dealer, pursuant to RSA 211:49-aa or RSA 211:49-c; and

b. As first point of contact, purchases, ships, cosigns, transfers, transports, barters, accepts, or packs Atlantic menhaden directly from a commercial harvester for resale; or

(2) Any person or business who:

a. Has applied for and received a New Hampshire commercial saltwater license, pursuant to RSA 211:49-a or RSA 211:49-b;

b. Has notified the department in writing of an intent to sell Atlantic menhaden taken under the license as a New Hampshire menhaden dealer; and

c. Harvests, and then sells, ships, consigns, transfers, or barters their own catch of Atlantic menhaden to any other person or business.

(f) Any person who possesses a recreational saltwater license pursuant to RSA 214:9, XVI, may take, land and possess any quantity of Atlantic menhaden by rod and reel with hook and line or hand line for personal use as bait for angling purposes, and not for the purpose of sale.

(g) Any person who possesses a lobster license pursuant to RSA 211:18 may possess any quantity of Atlantic menhaden while in the normal conduct of tending lobster and crab pots.

(h) A holder of a commercial saltwater license engaged in the take of Atlantic menhaden for the purpose of sale shall be subject to the following requirements and restrictions:

(1) The licensee shall obtain a harvest permit in accordance with Fis 609.01;

(2) The licensee shall report all harvest information to the department in accordance with Fis 608.02;

(3) No licensee shall transfer any portion of a catch of Atlantic menhaden while at sea;

(4) No licensee shall receive Atlantic menhaden from a harvester vessel while at sea;

(5) No licensee shall sell, ship, cosign, transfer or barter their own catch of Atlantic menhaden to any person other than an end user or another menhaden dealer;

(6) A licensee must report any entanglement of gear used to take Atlantic menhaden with other gear types or marine mammals or any release of Atlantic menhaden from a purse seine to Fish and Game Department dispatch at 271-3361 within 12 hours of the interaction;

(7) Fishing gear used in the taking of Atlantic menhaden may only be fished between sunrise and one hour after sunset; and

(8) No licensee shall land Atlantic menhaden between January 1 and May 14 except those using non-directed or small-scale gear. Licensees using non-directed or small-scale gear may take, land and possess a maximum of 6,000 pounds per day of Atlantic menhaden.

(i) No licensee shall deploy a gill net seeking the take of Atlantic menhaden in state waters except in accordance with the following restrictions:

(1) The waters of the Great Bay estuarine system inland of the Memorial Bridge in Portsmouth, Little Harbor and its tributaries inland of its most seaward jetty, Rye Harbor and its tributaries inland of its most seaward jetty, and inland of the Hampton Harbor Bridge shall be subject to the restrictions contained in Fis 602.06(e);

(2) Each gill net shall have a high flier buoy or an A-2 or larger orange Gloucester buoy, marked with the name of the licensee, at each end of the net;

(3) Each gill net shall at all times have an identification tag with the licensee’s name attached to the head rope at the junction with the vertical line at one end of the net;

(4) No gill net shall have a mesh size larger than 4 inches;

(5) No gill net shall be longer than 300 feet, or have a depth of more than 20 feet;

(6) No more than 2 gill nets shall be deployed by a licensee at any one time in state waters;

(7) The 2 gill nets of a licensee shall be either fished separately or tied together so long as the total length of the nets tied together does not exceed 600 feet;

(8) Each sink gill net shall be deployed at a location that is within the unaided eyesight of the licensee. Unaided eyesight means unaided by devices such as binoculars or spotting scope;

(9) A sink gillnet shall only be weighted with a lead line for a foot rope, and an anchor or weight at only one end of the gill net;

(10) A surface gill net shall have a headrope sufficiently buoyant to remain exposed at the water’s surface while fishing, and must be fished with one line attached to the vessel at all times; and

(11) All gill nets shall be in compliance with the weak link requirements in Fis 602.09(b)(6).

(j) No licensee shall deploy a purse seine seeking the take of Atlantic menhaden in state waters except in accordance with the following restrictions:

(1) For the purpose of this section, the vessel that the purse seine net is deployed from shall be the “primary purse seine vessel”;

(2) For the purpose of this section, the vessel that draws the purse seine net around a school of Atlantic menhaden and returns control of the deployed net back to the primary purse seine vessel shall be the “assisting vessel”;

(3) No purse seine shall be larger than 600 feet wide and 48 feet deep;

(4) No purse seine shall be set or retrieved in the waters landward of 72 COLREGS demarcation line, landward of the Rye harbor approach channel as defined in RSA 211:19-a, III or landward of the outer most jetty at the Hampton harbor entrance;

(5) No purse seine shall be set or retrieved from a vessel that is more than 50 feet in length;

(6) No more than one additional vessel shall assist another vessel with the take of Atlantic menhaden with a purse seine, nor shall the assisting vessel be more than 50 feet in length;

(7) No purse seine shall be set or retrieved on the days of Saturday or Sunday;

(8) Atlantic menhaden shall not be removed from a purse seine with a power assisted pumping device;

(9) All marine species other than Atlantic menhaden shall be released immediately from a purse seine; and

(10) The primary purse seine vessel shall be responsible for reporting all information required under Fis 608.02, including any Atlantic menhaden landed by the assisting vessel.

(k) Except as provided in this section, no holder of a commercial saltwater license or wholesale marine species license shall take, land, or possess Atlantic menhaden for the purpose of sale while on or leaving the waters under the jurisdiction of the state whenever the executive director has projected that 92 percent of the annual state quota established by the Atlantic States Marine Fisheries Commission (ASMFC) has been taken.

(l) A closure date shall be announced via notice by the executive director at least 2 days prior to the closure being enacted.

(m) Until the state’s Atlantic menhaden quota has been taken and a closure date announced, any menhaden dealer shall electronically report all menhaden landing transactions daily, providing the following information consistent with the minimum data requirements of the Standard Atlantic Fisheries Information System (SAFIS):

(1) Name of dealer, or properly licensed person;

(2) The dealer’s wholesale marine species or commercial saltwater license number;

(3) Week of reporting period;

(4) Commercial harvester’s trip start date;

(5) Vessel name;

(6) State of vessel registration and number or coast guard number;

(7) Commercial harvester’s first name, last name, date of birth, and license number;

(8) Number of trips for commercial harvester per day;

(9) Species purchased;

(10) Pounds of species purchased;

(11) Disposition of species purchased;

(12) Ex-vessel value or price of purchased species;

(13) Port, county and state where species were landed;

(14) Date species unloaded from commercial harvester’s vessel;

(15) Grade and market size of purchased species;

(16) Gear used to harvest species; and

(17) Dated signature of the dealer, signed subject to the penalties for unsworn false statements under RSA 641:3.

(n) Once the state Atlantic menhaden quota has been taken and a closure date announced, all menhaden dealers shall electronically report all Atlantic menhaden landing transactions on a weekly basis with the information defined in paragraph (k) above. The reporting week shall be Sunday through Saturday.

(o) Notwithstanding the above restrictions and requirements, any holder of a commercial salt water license or harvest permit may take, land and possess up to a maximum of 6,000 pounds per day of Atlantic menhaden during a closure period provided that:

(1) The fish have been taken by non-directed or small-scale gears; and

(2) No licensee shall land Atlantic menhaden more than once per calendar day.

(p) Twenty-five percent or a minimum of 500,000 pounds of the state Atlantic menhaden quota shall be set aside annually for fish harvested within the jurisdiction of New Hampshire for the intent of sale. Any remaining set aside will be applied to the overall state Atlantic menhaden quota on September 1.

History

#10375, EXEMPT, eff 7-17-13; ss by #12540, EXEMPT, eff 5-31-18; ss by #12754, EXEMPT, eff 4-10-19; ss by #13643, EXEMPT, eff 5-22-23; ss by #13940, EXEMPT, eff 4-26-24; ss by #14513, EXEMPT, eff 2-9-26

N.H. Code Admin. R. Ann. Fis 603.22 Black Sea Bass {#sec-fis-603.22 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.22}

(a) For the purpose of this section, “recreational fishing” means the taking of fish by angling or spearfishing for personal use only and which are not sold, traded, or bartered.

(b) No person shall take or possess black sea bass (Centropristis striata) by recreational fishing less than 16.5 inches total length not including the filament/tail extension.

(c) The recreational fishing daily limit for black sea bass (Centropristis striata) shall be no more than 4 black sea bass per day.

(d) Persons licensed to commercially take finfish under RSA 211:49-a and RSA 211:49-b shall not take or possess black sea bass (Centropristis striata) except as follows:

(1) The minimum size of each fish taken shall be 11 inches total length not including the filament/tail extension;

(2) If a pot or trap is used, there shall be two escape vents in the parlor portion of the trap, meeting these specifications:

a. If unobstructed, each escape vent or gap shall be 2.5 inches if circular, 2 inches if square, or 1 3/8 inches by 5 ¾ inches if rectangular; or

b. If obstructed, each escape vent or gap shall be at least 3 inches by 6 inches covered by a panel affixed with degradable fasteners consisting of:

Untreated hemp, jute, or cotton string that is 3/16 inches (4.8 mm) or smaller;
Magnesium alloy timed float releases or fasteners; or
Ungalvanized, uncoated iron wire that is 0.094 inches (2.4mm) or smaller.

History

#10375, EXEMPT, eff 7-17-13; ss by #10460, EXEMPT, eff 1-1-14; ss by #12655, EXEMPT, eff 11-1-18; ss by #13277, eff 10-19-21; ss by #13637, EXEMPT, eff 5-17-23

N.H. Code Admin. R. Ann. Fis 603.23 White Perch {#sec-fis-603.23 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.23}

(a) The daily limit for white perch (Morone americana) shall be 25 fish.

(b) The sale of white perch shall be prohibited.

History

#10709, eff 1-1-15; ss by #10970, eff 11-9-15; ss by #14480, eff 1-13-26, EXPIRES: 1-13-36

N.H. Code Admin. R. Ann. Fis 603.24 Possession Exceeding Daily Limit - Recreational {#sec-fis-603.24 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.24}

(a) Except as provided in this section, no person shall possess, while on coastal and estuarine waters or when leaving such waters, more marine species than that person may lawfully take in one day.

(b) Such possession shall be prima facie evidence that those marine species exceeding the applicable single day limit, but less than the 2 day limit set by RSA 207:5, were unlawfully taken by the possessor.

(c) A charter boat or party boat, licensed pursuant to RSA 214:9, XVI(b), may possess up to twice the single day limit of cod or haddock per person on the vessel, if:

(1) At least 5 working days prior to the commencement of the trip, the owner or operator of the boat notifies in writing the New Hampshire fish and game department’s law enforcement district 6 chief of the owner’s or operator’s intent to possess up to twice the per person single day limit of cod or haddock;

(2) The boat is on a trip that occurs on more than one day; and

(3) The boat’s owner or operator presents 2 day’s “Vessel Trip Reports” for the trip, as required under 50 C.F.R. § 648 upon landing, to the executive director or designated agent.

(d) As used in this section, “day” means a calendar day.

History

#10710, eff 1-1-15; ss by #14122, eff 11-25-24, EXPIRES: 11-25-34

N.H. Code Admin. R. Ann. Fis 603.25 Bluefin Tuna {#sec-fis-603.25 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.25}

(a) For the purposes of this section, the following terms shall have the following meanings:

(1) “Curved fork length” (CFL) means the length of an intact fish measured from the tip of the upper jaw to the fork of the tail along the contour of the body in a line that runs along the top of the pectoral fin and the top of the caudal keel;

(2) “Pectoral fin curved fork length” (PFCFL) means the length of a beheaded fish from the dorsal insertion of the pectoral fin to the fork of the tail measured along the contour of the body in a line that runs along the top of the pectoral fin and the top of the caudal keel; and

(3) "Recreational fishing" means the taking of finfish by any method for personal use only and which are not sold, traded, or bartered.

(b) No person shall take, retain, or possess a bluefin tuna that is less than 27 inches CFL if recreational fishing, or 73 inches CFL if taken for the purpose of sale, trade or bartering;

(c) No person shall take, retain or possess a bluefin tuna, with the head removed, that is less than 20 inches PFCFL if recreational fishing, or 54 inches PFCFL if taken for the purpose of sale, trade, or bartering.

(d) No person shall take, retain, or possess more bluefin tuna than they are allowed under 50 CFR §635 relative to federal permit category or seasonal limits.

(e) Once the vessel transporting a bluefin tuna has landed, no person shall possess a bluefin tuna for the purpose of sale, trade, bartering, commercial transportation, or storage without affixing a federal tuna tag to the fish.

History

#12368, eff 8-22-17

N.H. Code Admin. R. Ann. Fis 603.26 Atlantic Mackerel {#sec-fis-603.26 omnilex-key=us-nh-regs-official--agency-fis--Fis 603.26}

(a) For the purposes of this section, “recreational take” means the taking of finfish by any method for personal use only and which are not sold, traded, or bartered.

(b) The recreational take or possession of Atlantic mackerel (Scomber scombrus) shall be no more than 25 per person per day, with the exception that a person angling from a licensed saltwater for hire fishing vessel may take or possess 50 Atlantic mackerel per day.

(c) Notwithstanding paragraph (b) above, Atlantic mackerel purchased from a commercial dealer, with proof of purchase, do not count towards the possession limit of 25 Atlantic mackerel per day.

History

#13652, EXEMPT, eff 5-25-23; ss by #14606, EXEMPT, eff 5-18-26

Part Fis 604 Restrictions on Certain Bodies of Water

N.H. Code Admin. R. Ann. Fis 604.01 Berry Brook {#sec-fis-604.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 604.01}

Fishing in Berry Brook shall be permitted by single hook artificial lures and flies only, and any fish taken by any method shall be immediately released back into the waters from which it was taken.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2741, eff 6-13-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #10733, eff 1-1-15; ss by #12489, EMERGENCY RULE, eff 3-7-18, EXPIRED: 9-3-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 604.02 Winnicut {#sec-fis-604.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 604.02}

River. The Winnicut River in Greenland from the Rte. 33 bridge to the south side of the Boston and Maine railroad bridge over the Winnicut River shall be subject to the following restrictions:

(a) The river shall be open to the taking of all species of fish by angling only, except above and below the fish ladder as provided in Fis 602.02(a)(7); and

(b) The taking of salters, as defined in Fis 603.04, shall be subject to the following:

(1) There shall be no closed season; and

(2) The daily limit of salters taken in this portion of the Winnicut River shall not exceed 5 fish or 5 pounds and shall be included in the freshwater brook trout limit as described in Fis 403.11.

History

#5789, eff 2-18-94, EXPIRED: 2-18-00
#7371, eff 10-7-00; ss by #9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #9744, eff 7-1-10, EXPIRED: 7-1-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 604.03 Taylor River {#sec-fis-604.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 604.03}

The Taylor River from the railroad bridge to the head of tide dam in Hampton shall be closed to the taking river herring by netting of any method.

History

#1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #8344, EXEMPT, eff 5-7-05

N.H. Code Admin. R. Ann. Fis 604.04 Squamscott {#sec-fis-604.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 604.04}

River.

(a) During April, May and June the taking of river herring in the Squamscott River and its tributaries from the 108 Bridge to the Great Dam in Exeter shall be subject to the following:

(1) Open to the taking of river herring by netting of any method only on Saturdays and Mondays;

(2) The daily limit shall be one tote per person. “Tote” means a fish box or container measuring 31.5"x 18" x 11.5"; and

(3) The tote shall have the harvester’s coastal harvest permit number plainly visible on the outside of the tote.

History

#8344, EXEMPT, eff 5-7-05

N.H. Code Admin. R. Ann. Fis 604.05 Oyster River {#sec-fis-604.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 604.05}

The Oyster River and its tributaries shall be closed to the taking of river herring by any method from the head-of-tide dam at Mill Pond in Durham, 43°07’51.23”N, 70°55’08.20”W and 43°07’50.31”N, 70°55’08.04”W, downstream to the river mouth at Wagon Hill Farm and Durham Point, a line extending from 43°07’31.87”N, 70°52’17.67”W to 43°07’20.18”N, 70°52’19.16”W.

History

#10094, EXEMPT, eff 2-29-12

N.H. Code Admin. R. Ann. Fis 604.06 Cocheco {#sec-fis-604.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 604.06}

River. The Cocheco River and its tributaries shall be closed to the taking of river herring by any method from the head-of-tide dam in Dover, downstream to the confluence of the Piscataqua River.

History

#14161, EXEMPT, eff 12-27-24

Part Fis 605 Oysters

N.H. Code Admin. R. Ann. Fis 605.01 Taking of Oysters {#sec-fis-605.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 605.01}

(a) No person shall take oysters during the months of July and August.

(b) Residents properly licensed under RSA 211:62-a shall be permitted to take, between sunrise and sunset, not more than one-half bushel of unshucked oysters per day, by use of hand tongs, hand rakes, or by hand.

(d) No person shall take or possess more than one-half bushel of unshucked oysters in one day while on, or leaving, any waters under the jurisdiction of the state.

(e) Oysters taken from the waters under the jurisdiction of the state shall not be sold.

(f) Any person taking oysters shall possess an oyster license on their person.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; amd by #5789, eff 2-18-94; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #9056, eff 1-2-08; ss by #10970, eff 11-9-15; ss by #14480, eff 1-13-26, EXPIRES: 1-13-36

N.H. Code Admin. R. Ann. Fis 605.02 Identification of Oyster Containers {#sec-fis-605.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 605.02}

(a) Any container used in the taking of oysters, whether on the flats, on a dock or in a boat shall be clearly identified by marking thereon the owner's oyster license number, either by attaching a waterproof tag containing such number to said container, or by painting such number on the outside of the container.

(b) By applying for an oyster license, the licensee shall be deemed to have consented to submit to department inspection for the identifying number referred to in paragraph (a).

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

N.H. Code Admin. R. Ann. Fis 605.03 Restriction on Certain Taking {#sec-fis-605.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 605.03}

(a) No person shall transplant oysters, or take the eggs or larvae thereof, or take metamorphosed oysters, called “set” or “spat”, without first obtaining written permission from the director. Applicants shall request permission in writing and shall include origin of the oysters, the transplant site, the names of people involved, and why the transplanting or taking of eggs, larvae or spat is necessary. Permission shall be granted if the director determines no adverse environmental harm will occur.

(b) Nothing in this section shall prohibit a properly licensed person who is observing all provisions of this part, from engaging in the practice known as cleansing.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

Part Fis 606 Clams and Clam Worms

N.H. Code Admin. R. Ann. Fis 606.01 Restrictions on Certain Clam Species {#sec-fis-606.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 606.01}

(a) There shall be no open season for quahogs, little necks, or cherrystone clams (Mercenaria mercenaria).

(b) Razor clams (Ensis directus), surf clams (Spisula solidissima), mahogany quahogs (Arctica islandica), and blue mussels (Mytilus edulis) shall be taken without a license only:

(1) By residents;

(2) For personal use; and

(3) By hand or with handheld tools.

(c) No person shall use any dredge in the taking of surf clams, sea clams, hen clams (Spisula solidissima), black clams, or mahogany quahogs (Arctica islandica) that has a blade or knife which is greater than 48 inches in maximum width or a hydraulic dredge with a blade, knife, or manifold which is greater than 48 inches in maximum width.

(d) No person using a dredge in the taking of species listed in paragraph (c) above shall discard shells in state waters.

History

#745, eff 1-25-76; amd by #1165, eff 5-18-78; amd by #1878, eff 12-4-81; amd by #2563, eff 12-27-83; ss by #2741, eff 6-13-84; ss by #4865, eff 7-17-90; ss by #5953, eff 1-25-95; ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
#12652, eff 10-27-18; ss by #13723, eff 8-21-23

N.H. Code Admin. R. Ann. Fis 606.02 Taking of Mollusks {#sec-fis-606.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 606.02}

(a) The taking of clams (Mya arenaria) shall only be permitted, between one-half hour before sunrise and sunset on Saturdays, from the day after Labor Day to May 31.

(b) Mollusks shall not be taken from areas which are unclassified, classified as prohibited by the commissioner of the department of environmental services, posted as closed, or marked with red stakes.

(c) Mollusks shall not be taken by recreational harvesters from areas classified as restricted or conditionally restricted by the commissioner of the department of environmental services.

(d) Commercial harvesting and marketing from restricted areas shall be allowed under certain conditions specified in He-P 2150 of the department of health and human services.

(e) Clams shall be dug only with hand held tools with handle lengths not to exceed 18 inches.

(f) The taking of mussels in the Hampton/Seabrook estuary shall only be permitted, between one-half hour before sunrise and sunset on Saturdays, from the day after Labor Day to May 31.

History

#954, eff 6-10-77; amd by #745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; amd by #3021, eff 5-20-85; amd by #4122, eff 8-21-86; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #7371, eff 10-7-00; ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 606.03 Identification of Clam Containers {#sec-fis-606.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 606.03}

(a) Any container used in the taking of clams, whether on the flats, on a dock or landing, or in a boat, shall be clearly identified by marking thereon the owner's clam license number, either by attaching a waterproof tag containing such number to said container, or by painting such number on the outside of said container.

(b) By applying for a clam license, the licensee shall be deemed to have consented to submit to department inspection for the identifying number referred to in paragraph (a) above.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 606.04 Possession of Clams {#sec-fis-606.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 606.04}

(a) No person shall possess or take, in one calendar day, more than 10 quarts liquid measure, of unshucked clams, while on or leaving any clam flats or any waters under the jurisdiction of the state.

(b) Possession of shucked clams, while on or leaving any clam flats or any waters under the jurisdiction of the state, shall be prohibited.

(c) No person shall possess any clams taken from the flats or the waters under the jurisdiction of the state, unless they are in a container identified as provided in Fis 606.03. The licensee shall accompany said clams at all times while possessing and transporting them.

(d) Any firm, corporation, or person shucking clams (Mya arenaria) in a commercial operation, or dealing with clams in a wholesale or retail business, shall not be subject to the 10 quart possession limit, provided the clams are possessed in full compliance with Fis 610.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2741, eff 6-13-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 606.05 Sale of Clams Restricted {#sec-fis-606.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 606.05}

(a) Clams (Mya arenaria) taken or possessed under Fis 606 shall not be bought, sold, offered for sale, exchanged, or traded.

(b) No person shall possess quahogs, littlenecks, or cherrystones (Mercenaria mercenaria) less than one inch in shell thickness.

(c) Clams (Mya arenaria) less than two inches in length shall have been taken in compliance with the laws and rules of the state of origin.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #3021, eff 5-20-85; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
#12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 606.06 Clam Worms {#sec-fis-606.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 606.06}

(a) Residents shall be permitted to take clam worms as provided in RSA 211:64-b.

(b) Properly licensed diggers shall be permitted to take clam worms for sale or use, except in areas posted as closed to all digging.

(d) Clam worms shall be dug only with hand held tools with handle lengths not to exceed 18 inches.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #7809, eff 1-1-03; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #12652, eff 10-27-18

N.H. Code Admin. R. Ann. Fis 606.07 Display of Clam Licenses {#sec-fis-606.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 606.07}

Clam licensees shall wear said licenses in plain view, either on the cap or hat, or on the front of the outer garment, while engaged in taking clams.

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #7809, eff 1-1-03; ss by #9805, eff 10-26-10, EXPIRED: 10-26-18
#12652, eff 10-27-18

Part Fis 607 Rules for Certain Shellfish Species

N.H. Code Admin. R. Ann. Fis 607.01 Northern Shrimp {#sec-fis-607.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 607.01}

(a) No person shall fish for, take, land, transport, or have in possession any northern shrimp (Pandalus borealis) while on or leaving the waters of the state.

(b) Nothing in this section shall be construed to restrict the possession of shrimp for use as bait on vessels not equipped with an otter trawl.

History

#1709, eff 1-12-81; #1881, eff 12-7-81, #1535, eff 2-20-80; #745, eff 1-25-76; amd by #1881, eff 12-7-81; ss by #2323, eff 3-21-83; ss by #2839, eff 8-31-84; ss by #2928, eff 12-20-84; amd by #3162, eff 12-23-85; amd by #4034, eff 4-1-86; ss by #4171, eff 11-26-86; ss by #4339, eff 11-19-87; ss by #4587, eff 3-22-89; amd by #4744, eff 1-24-90; ss by #5035, eff 12-27-90; ss by #5290, eff 12-20-91; ss by #5520, eff 12-3-92; ss by #5746, eff 11-22-93; (See Revision Note at part heading for Fis 607) #5928, EXEMPT, eff 11-28-94; ss by #6135, EXEMPT, eff 11-29-95; ss by #6395, EXEMPT, eff 11-7-96; ss by #6638, EXEMPT, eff 12-1-97; ss by #6912, EXEMPT, eff 12-2-98; ss by #7147, EXEMPT, eff 12-6-99; ss by #7414, EXEMPT, eff 12-6-00; ss by #7629, EXEMPT, eff 1-22-02; ss by #7819, EXEMPT, eff 12-2-02; ss by #8025, EXEMPT, eff 1-5-04; amd by #8088, EXEMPT, eff 5-24-04; ss by #8228, EXEMPT, eff 12-6-04; amd by #8503, EXEMPT, eff 12-3-05; ss by #8768, EXEMPT, eff 11-30-06; amd by #9036, EXEMPT, eff 11-27-07; ss by #9321, EXEMPT, eff 11-19-08; amd by #9597, EXEMPT, eff 11-19-09; amd by #9704, EXEMPT, eff 5-1-10; ss by #9828, EXEMPT, eff 12-1-10; amd by #9874, EXEMPT, eff 2-24-11; ss by #10063, EXEMPT, eff 12-28-11; ss by #10255, EXEMPT, eff 1-23-13; amd by #10271, EXEMPT, eff 2-11-13; ss by #10286, EXEMPT, eff 3-12-13; ss by #10497, EXEMPT, eff 1-1-14

N.H. Code Admin. R. Ann. Fis 607.02 Sea Scallops {#sec-fis-607.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 607.02}

(a) For the purpose of this section, the following definitions shall apply:

(1) “Chafing gear” means steel, rubberized, or other types of donut rings, disks, washers, twine, or other material attached to or between the steel rings of a sea scallop drag or dredge. The term includes “cookies”;

(2) “Sweep chain” means a chain extending, usually in an arc, from one end of a scallop dredge frame to the other to which the ring bag, including the diamonds, is attached. The sweep forms the edge of the opening of the dredge bag; and

(3) “Club stick” means a ridged bar at the terminus of a scallop dredge attached to the rings.

(b) Taking of sea scallops (Placopecten magellanicus) from the waters under the jurisdiction of the state shall be prohibited from April 15 to October 31 by hand and from April 15 to November 30 by dredge.

(d) The scallop dredge shall:

(1) Be no larger than 4 feet wide;

(2) Have a dredge ring size of 4 inches inside diameter;

(3) Have a minimum mesh size of 10 inches;

(4) Have no obstructions or liners attached; and

(5) Have no chafing gear or cookies on the top of the dredge.

(e) Any chafing gear located on the bottom of the dredge shall be halfway between the sweep chain and club stick and no larger than two rows of non-overlapping steel rings. The chafing gear may follow the contour arc of the sweep chain.

(f) No possession of other marine species including lobsters, finfish, or shellfish shall be allowed while taking scallops by dredge, except surf clams and mahogany quahogs in accordance with Fis 606.01.

(g) Only one dredge shall be used to take scallops.

(h) The minimum shell height for Atlantic sea scallops shall be 3 1/2 inches. There shall be no tolerance for the shell height and scallops shall be landed in the shell when taken by hand.

(i) No person shall take or possess from the waters under the jurisdiction of the state more than:

(1) 75 pounds of shucked scallop meats per day; or

(2) 625 pounds of scallops in the shell.

(j) Scallops taken in accordance with 50 CFR 648 and taken from outside the jurisdiction of the state may be landed or transported in New Hampshire.

History

#1041, eff 10-15-77; ss by #2263, eff 1-7-83; amd by #2365, eff 5-17-83; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #5953, eff 1-25-95; amd by #6916, eff 12-22-98; ss by #8087, eff 5-27-04; ss by #8302, eff 4-1-05; ss by #9299, eff 10-22-08; ss by #10265, eff 1-29-13; ss by #10478, eff 1-1-14; ss by #13830, eff 12-28-23

N.H. Code Admin. R. Ann. Fis 607.03 Taking Shellfish for Scientific Purposes {#sec-fis-607.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 607.03}

RESERVED

History

#745, eff 1-25-76; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; rpld by #4604, eff 4-26-89

N.H. Code Admin. R. Ann. Fis 607.04 Waved Whelk, Buccinmum undatum, and Stimpson's Whelk, Colus stimpsoni {#sec-fis-607.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 607.04}

(a) Persons taking whelks for purposes of sale shall be subject to the following:

(1) One pot, trap, or other contrivance for taking or holding whelks shall be fished on a single line and buoy;

(2) When pots, traps, or other contrivances are set on trawls, buoys plainly marked shall be set on both ends of the trawl;

(3) Each buoy and trap shall be permanently marked with the letter "W" and the first initial and complete last name of the licensee;

(4) No person shall raise, haul, or transfer any whelk trap from any coastal waters from sunset to one hour before sunrise; and

(5) No person shall possess any whelk with an overall shell length of less than 2.5 inches.

(b) The provisions of (a)(3),above, shall not apply to the by-catch of whelks taken from lobster traps by licensed lobster fishermen.

(1) Only residents shall take whelks;

(2) Persons shall take no more than 5 whelks per day; and

(3) The minimum shell height for whelks shall be 2.5 inches.

History

#6443, eff 5-15-97; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #13399, eff 7-1-22

N.H. Code Admin. R. Ann. Fis 607.05 Horseshoe Crab (Limulus polyphemus) {#sec-fis-607.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 607.05}

(a) No person shall take or possess more than 10 horseshoe crabs per day.

(b) Any person taking horseshoe crabs shall obtain a permit described in Fis 609.01.

History

#6443, eff 5-15-97; ss by #7215, eff 3-16-00, EXPIRED: 3-16-08
#9216, INTERIM, eff 7-24-08, EXPIRES: 1-20-09; ss by #9286, EXEMPT, eff 9-29-08

N.H. Code Admin. R. Ann. Fis 607.06 Jonah Crab (Cancer borealis) and Rock Crab (Cancer irroratus) {#sec-fis-607.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 607.06}

(a) No person shall take Jonah or rock crabs from any water under the jurisdiction of this state without first procuring a valid and proper license pursuant to RSA 211:18, except that any person may take 12 crabs a day by angling, diving, or by hand without a license pursuant to RSA 211:18-c.

(b) Any person licensed to take Jonah or rock crabs for the purpose of sale pursuant to RSA 211:18, III (b), (c), or (d) may only use traps as provided by Fis 602.10.

(c) No person shall remove spawn from any female Jonah or rock crab and no person shall take, possess, sell, or offer for sale any female Jonah or rock crab carrying spawn or any crab spawn.

(d) No person taking crabs for personal use, and not for the purpose of sale, shall take or possess more than 50 whole Jonah or rock crabs daily. This 50 crab limit shall be for Jonah and rock crabs combined.

(e) No person shall remove Jonah or rock crab claws prior to landing. Only whole crabs shall be retained and sold.

(f) The minimum carapace width for Jonah crab shall be 4 ¾ inches (120.6 mm) measured in a straight line through the widest part of the shell, for any crab taken or possessed by any individual holding any of the following commercial licenses:

(1) A commercial lobster and crab license pursuant to RSA 211:18;

(2) A commercial saltwater license pursuant to RSA 211:49-a and b;

(3) A lobster and crab landing license pursuant to RSA 211:49-d; or

(4) A wholesale marine license pursuant to RSA 211:49 aa and c.

(g) No vessel shall land or possess more than 1000 Jonah crabs per calendar day taken by non-trap methods or non-lobster trap methods from federal waters.

History

#10958, EXEMPT, eff 1-1-16; ss by #12086, EXEMPT, eff 1-20-17; ss by #12655, EXEMPT, eff 11-1-18

Part Fis 608 Required Reports

N.H. Code Admin. R. Ann. Fis 608.01 Lobster and Crab Reports {#sec-fis-608.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 608.01}

(a) Persons licensed to take lobster and crab pursuant to RSA 211:18 shall report lobster and crab harvest in accordance with (b) through (g).

(b) Persons who have previously reported lobster information to the executive director shall be assigned a code number and put into one of 2 groups based on previously reported landings.

Table 600.1 Groups

Group Number

Landing/Group Information

Group 1

Less than 1000 lbs. of lobster and crab per year and recreational permittees with 5 pots or less.

Group 2

Greater than or equal to 1000 lbs of lobster and crab per year.

(d) Those persons in Group 2 shall report the following information to the executive director by the 10th of the month for the month previous either electronically or by paper whether harvest occurred or not:

(1) On a monthly basis:

a. Name;

b. Signature of permittee subject to the penalties for unsworn false statements under RSA 641:3;

c. Lobster and crab license number;

d. Month and year;

e. Whether fishing occurred that month;

f. Total number of pots fished for the month; and

(2) On a trip basis:

a. Trip date;

b. Trip number;

c. Vessel name;

d. State vessel registration number, USCG documentation number, or National Marine Fisheries permit number;

e. Crew size;

f. Area fished;

g. Type and quantity of gear;

h. Total at-sea vessel hours;

i. Total trap soak time;

j. Quantity or weight of harvested lobster and crab by species;

k. Disposition of lobster and crab harvest;

l. Quantity and species of bycatch;

m. Port, county, state landed;

n. Dealer(s) name or license number(s) harvest was sold to; and

o. Dealer(s) report serial number(s).

(e) Paper trip level reports shall be carried on the vessel and completed through the day previous.

(f) New entrants into the lobster and crab fishery and persons in Group 1 shall report by January 10th for the year previous the following monthly summarized harvest information:

(1) Name;

(2) Address;

(3) Lobster license number;

(4) Quantity of gear;

(5) Number of days pots were checked;

(6) Average number of days pot/pots fished;

(7) Quantity or weight of harvested lobster and crab by species;

(8) Area(s) fished;

(9) Average number of pots pulled;

(10) Dealer(s) name or license number(s) harvest was sold to;

(11) Dealer(s) report serial number(s);

(12) Year; and

(13) Signature of permittee subject to the penalties for unsworn false statements under RSA 641:3.

(g) Any licensee failing to report pursuant to Fis 608.01 shall not be issued a lobster and crab license pursuant to RSA 211:18 until such time that the required information is submitted. Before a license is issued, the information shall be reviewed by the department for completeness and information validated.

(h) Any resident or non-resident lobster landing or commercial saltwater licensee, pursuant to RSA 211:49-a, RSA 211:49-c, or RSA 211:49-d, landing lobster or crab in New Hampshire that does not report trip-level lobster or crab harvest to another state or federal agency shall report in accordance with Fis 608.01 (d).

History

#1670, eff 11-20-80; ss by #2263, eff 1-7-83; ss by #2839, eff 8-31-84; ss by #3150, eff 11-20-85; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-0; ss by #8303, EXEMPT, eff 4-1-05; ss by #8819, EXEMPT, eff 2-1-07; ss by #10460, EXEMPT, eff 1-1-14; ss by #11017, EXEMPT, eff 1-7-16

N.H. Code Admin. R. Ann. Fis 608.02 Harvest Reports {#sec-fis-608.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 608.02}

(a) Any person who possesses a permit in accordance with Fis 603.07, Fis 603.11, Fis 607.05 or Fis 609.01 shall submit the following information to the executive director by the 10th of each month for the month previous, whether or not fishing occurred:

(1) On a monthly basis:

a. Name;

b. Signature of permittee subject to the penalties for unsworn false statements under RSA 641:3;

c. Coastal harvest permit number;

d. Month and year; and

e. Whether fishing occurred that month.

(2) On a trip basis:

a. Trip date;

b. Dealer(s) name or license number(s) harvest was sold to;

c. Trip number;

d. Species harvested;

e. Quantity or weight of species harvested;

f. Disposition of harvested species;

g. Type and quantity of gear;

h. Hours gear fished or harvest time;

i. Size of gear;

j. Area of fishing activity;

k. Number of gear fished;

l. Port, county, state landed, if harvest sold;

m. Vessel name;

n. State vessel registration number, USCG documentation number, or National Marine Fisheries permit number; and

o. Unloading date, if harvest sold.

(b) Any permittee failing to report pursuant to Fis 608.02(a) and (b) shall not be issued a permit until such time that the required information is submitted. Before a permit is issued the information shall be reviewed by the department for completeness and information validated.

History

#1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94; amd by #6176, eff 1-27-96; ss by #7215, eff 3-16-00; ss by #8302, eff 4-1-05; ss by #8819, EXEMPT, eff 2-1-07

N.H. Code Admin. R. Ann. Fis 608.03 Shellfish Reports {#sec-fis-608.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 608.03}

(a) Any person who possesses a commercial clamming license, as described in RSA 211:62-d, shall submit a monthly report to the executive director as specified in Fis 608.02.

(b) Any licensee failing to report shall not be issued a license until such time that the required information is submitted. Before a license is issued, the information shall be reviewed by the department for completeness and information validated.

History

#2741, eff 6-13-84; ss by #4865, eff 7-17-90; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #8087, eff 5-27-04; ss by #8302, eff 4-1-05; ss by #10265, eff 1-29-13; ss by #13509, eff 1-29-23

N.H. Code Admin. R. Ann. Fis 608.04 Lobster and Crab Dealer Reports {#sec-fis-608.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 608.04}

(a) For purposes of this section, “lobster and crab dealer” means:

(1) Any person or business, other than the ultimate consumer, who purchases, ships, cosigns, transfers, transports, barters, accepts or packs crab or lobster directly from a commercial harvester for resale within the state of New Hampshire; or

(2) Any person who sells, ships, cosigns, transfers or barters their own catch of lobster to anyone other than a lobster or crab dealer as defined in (a)(1).

(b) Lobster and crab dealers shall submit to the executive director reports detailing lobster and crab transactions within the state of New Hampshire by the 10th of each month, for the month previous, whether or not lobster or crab transactions within the state of New Hampshire occurred.

(1) Commercial harvester’s trip start date;

(2) State of vessel registration and number or coast guard number;

(3) Commercial harvester’s first name, last name and date of birth;

(4) Number of trips for commercial harvester per day;

(5) Species purchased;

(6) Number or pounds of species purchased;

(7) Disposition of species purchased;

(8) Ex-vessel value or price of purchased species;

(9) Port, county and state where species were landed;

(10) The dealers wholesale marine species, retail lobster or crab dealer, commercial saltwater or lobster and crab license number;

(11) Date species unloaded from commercial harvester’s vessel;

(12) Grade and market size of purchased species; and

(13) Gear used to harvest species.

(d) Any lobster and crab dealer failing to report shall not be issued a lobster and crab license or wholesale marine species license pursuant to RSA 211:18, RSA 211:49-c, RSA 211:49-aa until such time that the required information is submitted. Before a license is issued the information shall be reviewed by the department for completeness and information validated.

History

#8303, EXEMPT, eff 4-1-05; ss by #11017, EXEMPT, eff 1-7-16; ss by #12655, EXEMPT, eff 11-1-18

N.H. Code Admin. R. Ann. Fis 608.05 Lobster Tail Processors Annual Report {#sec-fis-608.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 608.05}

(a) Any person who possesses a lobster tail processors permit as specified in Fis 609.03 shall submit an annual report to the executive director by January 31 for the previous calendar year which includes:

(1) Name and address of business, firm or corporation

(2) Lobster tail processing permit number;

(3) Wholesale dealers license number;

(4) Number of lobster tails processed at the facility each month of the calendar year;

(5) Name and address of dealers to whom the lobster tails were sold;

(6) Reporting year; and

(7) Signature of permittee subject to the penalties for unsworn false statements under RSA 641:3.

(b) Any permittee failing to report shall not be issued a permit until such time that the required information in (a) has been submitted.

History

#9772, INTERIM, eff 8-26-10, EXPIRED: 2-22-11
#9887, eff 3-15-11; ss by #12655, EXEMPT, eff 11-1-18

Part Fis 609 Required Permits

N.H. Code Admin. R. Ann. Fis 609.01 Harvest Permit {#sec-fis-609.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 609.01}

(a) No person shall take finfish by the use of a seine, net, weir, pot or trap, American eels as specified in Fis 603.11, or horseshoe crabs as specified in Fis 607.05, or any species for commercial purposes from coastal and estuarine waters without first obtaining a permit from the executive director, except those persons taking finfish in accordance with RSA 211:48, or RSA 211:49-a or 211:49-b and are reporting catch under another license or to NOAA Fisheries Service via vessel trip reports.

(b) The applicant shall provide:

(1) The applicant’s:

a. Name and maiden name if applicable;

b. Street and mailing address;

c. Date of birth;

d. Telephone number;

e. Height and weight; and

f. Hair and eye color; and

g. Signature of permittee subject to the penalties for unsworn false statements under RSA 641:3.

(2) The type, size, and number of gear fished or used to harvest;

(3) The specific location(s) where fishing activity or harvesting will occur;

(4) Species sought;

(5) Specific months the permittee intends to fish or harvest;

(6) If the applicant is not the vessel owner, the following vessel owner information:

a. Name and address; and

b. Home telephone number.

(7) The following vessel information:

a. Vessel name;

b. State of registration;

c. State registration or coast guard number;

d. National Marine Fisheries Service federal permit number;

e. Principal port;

f. Hull ID number;

g. Hull construction material;

h. Vessel length;

i. Year built;

j. Gross and net tons, if federally documented vessel;

k. Horsepower, if federally documented vessel;

l. Hold capacity in tons, if federally documented vessel; and

m. Crew size.

(d) Any person possessing a permit shall file with the director the report as required in Fis 608.02.

History

#1878, eff 12-4-81; ss by #2839, eff 8-31-84; ss by #4868, eff 7-20-90; ss by #5789, eff 2-18-94, EXPIRED: 2-18-00
#7215, eff 3-16-00; amd by #7371, eff 10-7-00; ss by #8819, EXEMPT, eff 2-1-07; ss by #10478, eff 1-1-14

N.H. Code Admin. R. Ann. Fis 609.02 Permit Required for Sea Herring or Shrimp Processing {#sec-fis-609.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 609.02}

(a) Any firm, corporation, or person engaged in the taking or landing of herring pursuant to Fis 603.07 or the processing of shrimp pursuant to Fis 607.01 shall obtain a permit from the executive director.

(b) The applicant shall provide:

(1) The business owner’s:

a. Name and maiden name, if applicable;

b. Street and mailing address, if different;

c. Height and weight;

d. Hair and eye color;

e. Home telephone number; and

f. Signature of permittee subject to the penalties for unsworn false statements under RSA 641:3.

(2) The businesses:

a. Name of business;

b. Federal Tax Identification number;

c. Date of Incorporation;

d. Business street address;

e. Business telephone number;

f. Type of business;

g. Name of contact person;

h. Business name of processing operations harvest sold to; and

i. Processing operations street address.

(3) The vessels:

a. Vessel owner, if different than applicant;

b. Vessel owner street address, if different than applicant;

c. Vessel name;

d. State of registration;

e. State registration or coast guard number;

f. National Marine Fisheries Service federal permit number;

g. Principal port;

h. Hull ID number;

i. Hull construction material;

j. Vessel length;

k. Year built;

l. Gross and net tons, if federally documented vessel;

m. Horsepower, if federally documented vessel;

n. Hold capacity in tons, if federally documented vessel; and

o. Crew size.

History

#1878, eff 12-4-81; ss by #2741, eff 6-13-84; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; ss by #7371, eff 10-7-00; ss by #8819, EXEMPT, eff 2-1-07

N.H. Code Admin. R. Ann. Fis 609.03 Lobster Tail Processing Permit {#sec-fis-609.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 609.03}

(a) No person, firm or corporation shall process uncooked, raw shell-on American lobster tails, also known as green lobster tails, whether frozen or unfrozen, that have been separated from the carapace, in this state without first obtaining a lobster tail processing permit from the executive director.

(b) Applicants shall provide the following:

(1) The applicant’s:

a. Name;

b. Name of contact person(s) responsible, if firm or corporation;

c. Street and mailing address;

d. Date of birth;

e. Height and weight;

f. Hair and eye color; and

g. Day and night telephone numbers;

(2) The business, firm or corporation’s:

a. Name;

b. Federal tax identification number;

c. Date of incorporation;

d. Street address;

e. Telephone number;

f. Type of business; and

g. Location within the facility where green lobster tails will be processed; and

(3) Applicant’s signature subject to the penalties for unsworn false statements under RSA 641:3.

History

#3162, eff 12-23-85; ss by #4868, eff 7-20-90; ss by #6291, eff 7-20-96; rpld by #7371, eff 10-7-00
#9772, INTERIM, eff 8-26-10, EXPIRED: 2-22-11
#9887, eff 3-15-11; ss by #10930, EXEMPT, eff 9-14-15

Part Fis 610 Rules for Processing Certain Marine Species

N.H. Code Admin. R. Ann. Fis 610.01 Clams, Mussels and Oysters {#sec-fis-610.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 610.01}

(a) All containers, bags or receptacles containing clams, mussels or oysters, shucked or unshucked shall at all times bear a label or tag legibly marked with the name and address of the producer and the shipper. In addition the label or tag shall be marked with the number of the department of health and human service’s shellfish certificate, the location where taken, the date when taken and the clams, mussels or oysters shall be in accordance with RSA 143:21 in order to be possessed in the state of New Hampshire.

(b) In accordance with Fis 610.01(a) all labels or tags shall remain attached to any container, bag or receptacle of clams, mussels or oysters until they are processed and in compliance with the provisions of RSA 143:22.

(c) An accurate daily record shall be kept by all certified establishments listing the names and addresses of all persons from whom lots of shellfish are received, the location of the source of each lot, and the names and addresses of all persons to whom lots are shipped or sold. Such records shall be kept on file for 60 days, and shall be open to inspection by agents of the fish and game department at any reasonable time.

History

#2741, eff 6-13-84; ss by #4865, eff 7-17-90; ss by #6291, eff 7-20-96; ss by #7371, eff 10-7-00; ss by #9216, INTERIM, eff 7-24-08; ss by #9299, eff 10-22-08; ss by #11193, eff 9-30-16

N.H. Code Admin. R. Ann. Fis 610.02 Lobster Tail Processing {#sec-fis-610.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 610.02}

(a) A person, firm or corporation properly licensed pursuant to RSA 211:49-c and who possesses a lobster tail processing permit specified in Fis 609.03 shall process lobster tails as follows:

(1) Lobster tails shall only be removed from the lobsters at the land-based facility and at the location within the facility as specified on the lobster tail processing permit and not on any vessel whether at sea or dockside;

(2) Lobster tails shall only be removed from live, legal size lobsters that meet all the requirements of Fis 602.12 and RSA 211:27. No lobster greater than the maximum legal length as described in RSA 211:27, III shall be used for lobster tail processing;

(3) Lobster tails separated from the lobster shall remain whole, intact and in the shell;

(4) All processing, freezing, packaging and labeling shall take place at the land-based facility and at the location within the facility as specified on the lobster tail processing permit; and

(5) All packages and frozen or unfrozen lobster parts shall be labeled with:

a. Description of the product;

b. The permit number;

c. The address of the facility where processed; and

d. The date they were processed.

(b) Permittees shall keep detailed, accurate records of all inventory and disposition of lobster tails and parts including the names and applicable license numbers for recipients at the facility for a period of 2 years.

(d) Permittees shall be in compliance with the public health requirements pursuant to RSA 143 and RSA 146 and federal rules for hazards analysis critical control point (HACCP) specified in 21 CFR 123 and 1240.

History

#9772, INTERIM, eff 8-26-10, EXPIRED: 2-22-11
#9887, eff 3-15-11; amd by #10930, EXEMPT, eff 9-14-15

N.H. Code Admin. R. Ann. Fis 610.03 Lobster Tail Sales {#sec-fis-610.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 610.03}

(a) No person may possess for the purpose of sale, sell, or offer for sale uncooked, raw shell-on American lobster tails, also known as green lobster tails, whether frozen or unfrozen, that have been separated from the carapace without complying with the following requirements:

(1) Lobster tails shall remain whole, intact and in the shell;

(2) All packages of frozen or unfrozen lobster tails shall be labeled with:

a. Description of the product;

b. The lobster tail processing permit number;

c. The address of the facility where processed; and

d. The date they were processed.

(3) Such labels shall be adhered to the package at all times through the final consumer sale or until the contents of the package have been sold.

(4) Lobster tails shall be a minimum of 3 ounces in weight.

(b) The absence of the packaging labels as required by this rule shall be prima facie evidence of a violation.

(c) Vendors shall keep detailed, accurate records of all inventory and disposition of lobster tails, including the name of the processing facility and permit number, when applicable, for a period of 2 years.

History

# #10930, EXEMPT, eff 9-14-15

Part Fis 611 Other Marine Species

N.H. Code Admin. R. Ann. Fis 611.01 Seaweeds or Marine Plants {#sec-fis-611.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 611.01}

(a) “Seaweeds” means any marine algae in the classes Chlorophyceae, Xanthophyceae, Phaeophyceae, and Rhodophyceae, including rockweeds and sea moss.

(b) The collection of seaweeds shall be in accordance with RSA 207:48 through RSA 207:54.

History

#6443, eff 5-15-97; ss by #8087, eff 5-27-04; ss by #10095, eff 2-29-12; ss by #10478, eff 1-1-14; ss by #13830, eff 12-28-23

Part Fis 612 Lobster and Jonah Crab Electronic Tracking

N.H. Code Admin. R. Ann. Fis 612.01 Lobster and Jonah Crab Electronic Tracking {#sec-fis-612.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 612.01}

(a) Effective February 20, 2024, no person shall fish for, take, possess, or land lobster or Jonah crab by trap from a vessel permitted by NOAA Fisheries, pursuant to 50 CFR § 697.4, to fish trap gear for lobster or Jonah crabs in the Economic Exclusion Zone without an installed, operable, and approved electronic tracking device.

(b) The approved electronic tracking device shall remain on the vessel and powered at all times when the vessel is in the water.

(d) In the event of device failure or removal from the water, the vessel operator shall immediately notify the department by email at reg3@wildlife.nh.gov and must include the vessel name and NOAA Fisheries Permit number. The vessel operator must work with the department in good faith and in a timely manner to restore device operability. No vessel operator shall begin subsequent fishing trips with an inoperable device without written approval from the department.

(e) To be exempt from the requirement to install an approved electronic tracking device, an affidavit must be filed by the owner of the vessel permitted by NOAA Fisheries, pursuant to 50 CFR § 697.4, to fish trap gear for lobster or Jonah crabs in the Economic Exclusion Zone, if the following apply:

(1) The vessel shall not fish trap gear at any point during the fishing year; or

(2) The federal permit has been placed in confirmation of permit history (CPH) with NOAA Fisheries.

APPENDIX

Rule(s)

State Statute (RSA)

Federal Statute

Federal Regulation

Fis 601.01 - 601.04

RSA 211:62

Fis 601.05 - 601.09

RSA 211:62

Fis 601.10 - 601.10

RSA 211:62

Fis 601.11

RSA 206:10, I; RSA 211:62, V

Fis 601.12

RSA 211:62

Fis 602.01

RSA 206-10, I; RSA 211:62

Fis 602.02

RSA 206:10; I; RSA 211:62

Fis 602.03

RSA 206:10; I; RSA 207:14; RSA 211:62

Fis 602.04

RSA 206:10; I; RSA 211:62

Fis 602.05

RSA 211:62

Fis 602.06

RSA 211:62

Fis 602.07

RSA 211:62

16 USC 1801

50 CFR 648

Fis 602.09

RSA 211:62, V

16 USC 1801

50 CFR Part 648

Fis 602.10

RSA 211:62

16 USC Sec 5101

50 CFR Part 697

Fis 602.11

RSA 211:26 and RSA 211:62, II & V; 16 USC Sec 5101;

Fis 602.12

RSA 206:10, I; RSA 211:62, V; 50 CFR 697.18

Fis 602.14 (a)

RSA 211:62

Fis 602.15

RSA 211:62, II

Fis 602.16

RSA 206:10, I; RSA 211:62, V

16 USC Sec 5101

50CFR Part 697

Fis 602.16 (k)

RSA 211:62

Fis 602.17

RSA 211:62

Fis 602.18

RSA 211:62

16 USC 1801

50 CFR 648

Fis 603.19

RSA 211:62; 16 USC 1801; 50 CFR Part 648

Fis 603.01- 603.02

RSA 211:62

Fis 603.01

RSA 206:10, I; RSA 211:62, V

Fis 603.03

RSA 206:10; I; RSA 211:62

Fis 603.04

RSA 206:10 and RSA 211:62

Fis 603.06

RSA 206:10, I; RSA 211:62, I

Fis 603.07

RSA 211:62

16 USC Sec 5101 and 1801

50 CFR 648

Fis 603.07(j)

RSA 211:62 VI

Fis 603.08

RSA 211:62, V

16 USC § 5101

50 CFR Part 648

Fis 603.09

RSA 211:62; RSA 211:27

16 USC § 5101

50 CFR Part 648

Fis 603.11

RSA 211:62 and RSA 211:27

16 USC Sec 5101

50CFR Part 648

Fis 602.12

RSA 211:62

Fis 603.13

RSA 211:62 and RSA 211:27

16 USC Sec 5101

50CFR Part 648

Fis 603.15

RSA 211:62, V

16 USC § 5101

50 CFR Part 648

Fis 603.16

RSA 211:62, I

16 USC 1801

50 CFR 648

Fis 603.17

RSA 206:10; I; RSA 211:62

Fis 603.18

RSA 211:62

16 USC Sec 5101

50 CFR Part 697

Fis 603.19

RSA 211:62, V; 16 USC 1801; 50 CFR Part 648

Fis 603.20

RSA 211:62; 16 USC 1801 and 5101

Fis 603.21

RSA 211:62

16 USC 1801

Fis 603.22

RSA 211:62; 16 USC 1801; 50 CFR 648

Fis 603.24

RSA 206:10, I; RSA 207:5; RSA 211:62, I;

50 C.F.R. § 648

Fis 603.25

RSA 211:62, II

Fis 603.26

RSA 211:62, V

16 USC § 1801

Fis 604.01

RSA 206:10 and RSA 211:62

Fis 604.02

RSA 206:10 and RSA 211:62

Fis 604.03

RSA 211:62

Fis 604.06

RSA 206:10, I; RSA 211:62, V

Fis 605.01

RSA 211:62, II

Fis 605.02

RSA 206:10; I; RSA 211:62; RSA 211:62-a

Fis 605.03

RSA 206:10; I; RSA 211:62; RSA 211:62-a

Fis 607.04

RSA 206:10; I; RSA 211:62

Fis 606.01

RSA 206:10, I; RSA 211:62

Fis 606.02

RSA 211:62 and RSA 143:2

16 USC Sec 5101

Fis 606.03

RSA 211:62

Fis 606.04

RSA 211:62, I & II

Fis 606.05

RSA 211:62

Fis 606.06

RSA 211:62 and RSA 211:64-b

Fis 606.07

RSA 211:62

Fis 607.01

RSA 211:62, V

16 USC Sec 5101

Fis 607.02

RSA 206:10, I; RSA 211:62

Fis 607.04

RSA 211:62

Fis 607.05

RSA 211:62 and RSA 211:27

16 USC Sec 5101

50CFR Part 648

Fis 607.06

RSA 211:62, V

Fis 608.01

RSA 211:62

Fis 608.02

RSA 211:62 and RSA 211:27

16 USC Sec 5101

Fis 608.03

RSA 206:10, I; RSA 211:62

Fis 608.04

RSA 211:62

Fis 608.05

RSA 211:38-a

Fis 609.01

RSA 211:62

16 USC Sec 5101

Fis 609.02

RSA 211:62 and RSA 541-A

16 USC Sec 5101

Fis 602.15

RSA 211:62, II

Fis 603.21

RSA 211:62

16 USC 1801

Fis 610.01

RSA 211:62

Fis 610.02

RSA 211:38-a; RSA 211:62, II

Fis 610.03

RSA 211:38-a; RSA 211:62, II

Fis 611.01

RSA 206:10, I; RSA 211:62; RSA 207:48 through RSA 207:54; 50 CFR 648

Fis 612.01

RSA 206:10, I; RSA 211:62, V;

50 CFR § 697.4

History

#13891, eff 2-21-24

Chapter Fis 800 The Importation, Possession and Use of All Wildlife

Part Fis 801 Chapter Definitions

N.H. Code Admin. R. Ann. Fis 801.01 Chapter Definitions {#sec-fis-801.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 801.01}

(a) “Aquaculturist” means any person who is engaged in aquaculture as defined in RSA 211:62-e.

(b) “Aquatic species” means “aquatic species” as defined in RSA 211:62-e, II (a).

(c) “Closed system” means a type of water system where the water is re-circulated, and no water is discharged into the environment and the wildlife, or marine species held in the system cannot escape.

(d) “Controlled” means that the wildlife species or activity, such as the collection, importation, transportation, possession, sale, transfer, or release of that wildlife, is restricted.

(e) “Department” means the fish and game department.

(f) “Endangered species” means “endangered species” as defined in RSA 212-A:2, IV.

(g) “Exhibitor” means any person engaged in the showing, displaying, or training of wildlife for the purpose of public viewing of the wildlife, whether or not a fee is collected, and who possesses, if applicable, a current United States Department of Agriculture exhibitor's permit or US Fish and Wildlife Service permit to exhibit.

(h) “Exotic species” means wildlife that are non-indigenous species.

(i) “Extirpated indigenous species” means wildlife species that were known to be indigenous to the state but are presently not found within the state.

(j) “Fishing preserve” means a privately owned or leased body of water which provides an opportunity, upon the payment of a fee, for taking fish in a fee fishing operation where fish have been placed on the property for such purposes, whether operated commercially or non-profit.

(k) “Import” means bringing or causing wildlife to be transported into the state by any means.

(l) “Indigenous” means wildlife species that are naturally occurring or naturalized in New Hampshire.

(m) “Individual” means one natural person.

(n) “Marine species” means “marine species” as defined in RSA 207:1, XV.

(o) “Naturalized species” means an exotic or an introduced species of wildlife that has become established in New Hampshire.

(p) “Non-controlled” means that the wildlife species or activity such as the collection, importation, transportation, possession, exhibition or the sale, transfer, or release of that wildlife is not subject to regulation by the department.

(q) “Person” means “person” as defined in RSA 207:1, XX.

(r) “Possession” means “possession” as defined in RSA 207:1, XXI, and includes the keeping, holding, or restricting of wildlife. The term also includes “possess.”

(s) “Prohibited” means that the wildlife species or activity such as the collection, importation, transportation, possession, sale, transfer, or release of that wildlife is not allowed.

(t) “Propagate” means the raising, possessing, or reproduction of wildlife for the purposes of sale or other pecuniary gain.

(u) “Propagator” means a person engaged in the activity of propagating wildlife.

(v) ”Regulated shooting area” means a hunting preserve as described in RSA 212:25, and an operation on privately owned or leased property which provides an opportunity for taking wildlife that have been placed on the property for such purposes, whether operated commercially or non-profit.

(w) “Take or taking” means “take or taking” as defined in RSA 207:1, XXVII.

(x) “Threatened species” means “threatened species” as defined in RSA 212-A:2, V.

(y) “Venomous reptile” means a reptile normally found in the wild that has venom and is capable of inflicting serious or fatal injuries to humans. “Venomous reptile” includes those reptiles in which the venom glands have been surgically removed.

(z) “Wildlife” means “wildlife” as defined in RSA 207:1, XXXV.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36 (formerly Fis 801.01 through Fis 801.26)

Part Fis 802 General Chapter Requirements

N.H. Code Admin. R. Ann. Fis 802.01 Permittee Categories {#sec-fis-802.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 802.01}

(a) For the purposes of this chapter, the permittee categories shall be as follows:

(1) An individual shall be permittee category 1;

(2) A propagator shall be permittee category 2;

(3) An individual training and shooting permittee shall be category 3;

(4) The person operating a regulated shooting area shall be permittee category 4;

(5) An exhibitor shall be permittee category 5;

(6) An aquaculturist shall be permittee category 6; and

(7) A field trial permittee shall be permittee category 7.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; amd by #9790-A, eff 1-1-11; paras. (a)(2)-(6) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 802.02 Applicants {#sec-fis-802.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 802.02}

Applicants for permits under Fis 800 shall make application subject to the penalties for making unsworn falsification under RSA 641:3.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 802.03 Exemptions {#sec-fis-802.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 802.03}

(a) The executive director and department employees shall be excluded from the requirements of this chapter while acting in the performance of their official duties.

(b) The aquaculture and sale of live fish or aquatic invertebrates for fishing bait shall be in accordance with Fis 807.

(c) The capture, possession, and propagation of birds for falconry, in accordance with RSA 209-A and Fis 813, shall be exempt from Fis 803, Fis 804, and Fis 806 dealing with importation, possession, and propagation of wildlife.

(d) Rehabilitators may possess indigenous species of wildlife for the purpose of rehabilitating pursuant to Fis 812.

(e) Persons possessing wildlife legally taken and possessed under other licenses pursuant to RSA 207, RSA 208, RSA 209, RSA 209-A, RSA 210, RSA 211, and RSA 214 shall not be required to obtain a permit to possess wildlife under this chapter.

(f) The provisions of this chapter shall not apply to an owner or person possessing a wolf hybrid, as defined in RSA 466-A:1, VII, or a domesticated show or pet cat registered with a nationally or internationally recognized breeding association or registry which certifies the pedigree and registration of such cat to be without any wild felid parentage for a minimum of 3 generations.

(g) Persons taking or possessing wildlife pursuant to a scientific permit issued under RSA 214:29 shall be exempt from the provisions of this chapter.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #12768, eff 5-3-19; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 802.04 Expiration {#sec-fis-802.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 802.04}

All annual permits shall expire on December 31 of the year of issuance, and the permittee shall be responsible for requesting renewal.

History

#6889, eff 11-21-98; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#11029, eff 1-26-16 (from Fis 802.05); ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 802.05 Waiver {#sec-fis-802.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 802.05}

(a) Any person seeking to import or possess species not specifically listed as non-controlled, controlled, or prohibited for the purposes of importation or possession, as detailed below, shall submit a waiver application, in addition to the applicable permit application, to the executive director no less than 90 days prior to the importation date or the date the individual plans to take possession of the animal.

(b) No waiver or permit shall be issued if there is any significant disease, genetic, ecological, environmental, health, safety, or welfare risks to the public or other wildlife species.

(d) The applicant for a waiver to import or possess species specified in (a) above shall complete and submit the “Application for Waiver to Import or Possess Unlisted Species” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

History

#6889, eff 11-21-98; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07 (from Fis 802.06), EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, , EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 803 Importation of Wildlife

N.H. Code Admin. R. Ann. Fis 803.01 Part Definitions {#sec-fis-803.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.01}

(a) “Salmonids” means all species and hybrids of the family Salmonidae, a list of which is available from the American Fisheries Society, Special Publication 37, “Common and Scientific Names of Fishes from the United States, Canada and Mexico”, Eighth Edition (2023), available as indicated in Appendix II.

(b) “Warmwater species of fish” means those species of fish of the following families:

(1) Centrarchidae;

(2) Esocidae;

(3) Percidae;

(4) Ictaluridae; and

(5) Moronidae.

(c) “Zone 1” means the area that includes the continental United States and Canada excluding the states or provinces listed in zone 2.

(d) “Zone 2” means the area that includes the states of Washington, Oregon, California, Idaho, Alaska, British Columbia, or any European country.

History

(See Revision Note at chapter heading for Fis 800) rpld by #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; amd by #10541, eff 4-1-14; paras. (b)-(d) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.02 Compliance Requirements {#sec-fis-803.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.02}

All wildlife imported into the state shall be in compliance with the requirements of the New Hampshire department of agriculture, US Department of Agriculture, and the US Fish and Wildlife Service.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05; EXPIRED: 11-21-06 (except para. (b)(5)c.); ss by #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.03 Non-controlled Species - Importation {#sec-fis-803.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.03}

(a) A permit to import wildlife shall not be required for any person to import wildlife designated as non-controlled as specified in (b) below.

(b) For the purposes of this part, the following species or groups of wildlife shall be designated as non-controlled:

(1) Ornamental aquarium fish, both fresh and marine, that shall be kept in a closed system;

(2) Non-indigenous amphibians;

(3) Western Hognose Snake;

(4) Non-venomous reptiles, except the following:

a. Indigenous reptile species listed in Table 800.1;

b. Alligator (Alligatoridae, spp.); and

c. Crocodile (Crocodylidae, spp.);

(5) Non-living indigenous amphibians and reptiles, listed in Table 800.1 for category 1;

(6) The following birds:

a. Cockatiel (Nymphieus hollandicus);

b. Canaries (Serinus spp);

c. Parrots (Psittaciformes);

d. Parakeets (Budgerigar);

e. Mynah birds (Acridotheres spp);

f. Finches (Estrildidae);

g. Pekin robins (Leiothrix lutea);

h. Weavers (Placeidae);

i. Toucans (Ramphastiske);

j. Button quail (Turnicidae);

k. Pigeons and doves (Columbiformes), exotic;

l. Feral pigeons (Columba domestica and C. livia);

m. Emu (Dromaius novaehollandire);

n. Ostrich (Struthio camelus);

o. Rhea (Rheidae);

p. Exotic migratory, except mute swans;

q. Mallard (Anas platyrhynchos); and

r. Gallinaceous birds, except:

Grouse, Ruffed (Bonasa umbellus); and
Grouse, Spruce (Dendragapus canadensis);

(7) The following mammals:

a. Bison (Bison bison; B.bonasus);

b. Wild boar (Sus scrofa);

c. Camel (Camelus spp);

d. Chinchillas, domesticated (Chinchilla spp);

e. Degus (Octodon degus);

f. Deer, fallow (Dama dama);

g. Gerbils, domesticated (Cavia spp);

h. Guanco (Lama quanicoe);

i. Guinea pigs, domesticated (Cavia spp);

j. Hamsters, domesticated (Cricetus cricetus);

k. Mice, domesticated (Mus musculus);

l. Rats, domesticated (Rattus norvegicus and Rattus rattus);

m. Ferrets, domesticated (Mustela putoricus furo);

n. Llamas (Lama glama);

o. Alpacas (Lama pacos);

p. Pot belly pigs, domesticated;

q. Rabbits, domesticated;

r. African pigmy hedgehog;

s. Sugar glider (Petaurus breviceps);

t. Tenrec (Tenrec ecaudatus);

u. Yak (Bos grunniens);

v. Zebra (Equus burchelli, E. grevyi, E. zebra); and

w. Asian water buffalo (Babalus bubalis); and

(8) All marine species originating in the western portion of the North Atlantic Ocean and connected saltwater bays and estuaries, except anadromous and catadromous species.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07 (from Fis 803.02); amd by #10541, eff 4-1-14; EXPIRED: 6-5-15 (except para. (b)(5)d.); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #13513, eff 1-1-23; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.04 Prohibited Species - Importation {#sec-fis-803.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.04}

(a) No person shall import wildlife that has been designated as prohibited pursuant to (b) below or Fis 803.05(b).

(b) For the purposes of this part, the following species or groups of wildlife shall be designated as prohibited:

(1) The following invertebrates:

a. Zebra mussels (Dreissena polymorpha, D. bugensis);

b. Spiny waterflea (Bythotrephes cederstroemi);

c. Fishhook waterflea (Cercopagis pengoi);

d. All non-indigenous crayfish; and

e. Asiatic clam (Corbicula fluminea);

(2) The following fish:

a. Walking catfish (Clarias batrachus);

b. White amur or grass carp (Ctenopharyngodon idella);

c. Black carp (Mylopharyngodaon piceus);

d. European rudd (Scardinius erythophthalmus);

e. Round goby (Neogobius melanostomus);

f. Tubenose goby (Proterhinus marmoratus);

g. Ruffe (Gymnocephalus cernuus);

h. Snakeheads (Channidae);

i. Bighead carp (Hypophthalmichthys nobilis); and

j. Silver carp (Hypophthalmichthys molitrix); and

(3) The following mammals and their hybrids:

a. Caribou or Reindeer (Rangifer tarandus);

b. Deer, white-tailed (Odocoileus virginianus);

c. Deer, red (Cervus elaphus);

d. Deer, sika (Cervus nippon);

e. Elk (Cervus elaphus canadensis);

f. Moose (Alces alces); and

g. Raccoon dog (Nyctercutes procyonides).

History

#5721, eff 10-14-93 (renumbered by #6889, formerly Fis 803.041), EXPIRED: 10-14-99
#8893, eff 6-5-07 (from Fis 803.03); amd by #10541, eff 4-1-14; paras. (a) and (b)(1)-(3) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #13513, eff 1-1-23; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.05 Permits to Import Wildlife {#sec-fis-803.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.05}

(a) No live wildlife or their hybrids, designated as controlled, or the eggs or progeny thereof, shall be imported into the state for any purposes without a permit to import wildlife or except as otherwise permitted pursuant to RSA 207:1-a, RSA 214:34-d, RSA 209-A:3, IV, and Fis 810.07(d).

(b) All species not specifically designated and listed under the categories of non-controlled, prohibited, or controlled shall be designated as prohibited.

(c) The executive director shall review each application to import wildlife and shall make a determination as to whether such importation shall be permitted. No permit shall be issued if there is any significant disease, genetic, ecological, environmental, health, safety, or welfare risks to the public or other wildlife species.

(d) An application, pursuant to Fis 803.11, for a permit to import wildlife for any species designated as controlled shall be submitted to the department no less than 30 days in advance of the requested importation date.

(e) Applicants for a permit to import wildlife who already hold a permit to possess, propagate, exhibit, or other special permit shall provide such permit number on the application to import as evidence that the applicant holds the necessary permits to possess or release wildlife.

(f) A permit to import wildlife shall expire December 31 of the year issued.

(g) Wildlife determined by the United States Fish and Wildlife Service to be endangered or threatened and those treated as endangered or threatened because they are sufficiently similar in appearance to endangered or threatened species shall be prohibited from importation into New Hampshire without first obtaining the appropriate federal permit pursuant to 50 CFR 17.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; amd by #5721, eff 10-14-93; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.06 Controlled Species - Importation {#sec-fis-803.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.06}

(a) A permit to import wildlife shall be required for all species, including hybrids, designated as controlled as cited in Table 800.01.

(b) A permit shall be issued only to a person in the permittee category(ies), as described in Fis 802.01, and in Table 800.1 as follows:

Table 800.1 Controlled Species Table

PERMITTEE CATEGORY

SPECIES

SCIENTIFIC NAME

Amphibians

1,5

American toad

Anaxyrus americanus

Fowler’s toad

Anaxyrus fowleri

1,5

Gray treefrog

Hyla versicolor

1,5

Spring peeper

Pseudacris crucifer

1,5

American bullfrog

Lithobates catesbeiana

1,5

Green frog

Lithobates clamitans

1,5

Pickerel frog

Lithobates palustris

Northern leopard frog

Lithobates pipiens

1,5

Mink frog

Lithobates septentrionalis

1,5

Wood frog

Lithobates sylvatica

Jefferson salamander

Ambystoma jeffersonianum

Blue-spotted salamander

Ambystoma laterale

Jefferson X blue-spotted salamander hybrids

Ambystoma jeffersonianum X laterale

1,5

Spotted salamander

Ambystoma maculatum

Marbled salamander

Ambystoma opacum

1,5

Northern two-lined salamander

Eurycea bislineata

1,5

Northern dusky salamander

Desmognathus fuscus

Spring salamander

Gyrinophilus porphyriticus

Four-toed salamander

Hemidactylium scutatum

1,5

Eastern red-backed salamander

Plethodon cinereus

Northern slimy salamander

Plethodon glutinosus

Common Mudpuppy

Necturus maculosus

1,5

Red-spotted newt

Notophthalmus viridescens

Reptiles

Alligator

Alligatoridae, spp

Crocodile

Crocodylidae, spp

All venomous reptiles

Blanding's turtle

Emydoidea blandingii

Eastern box turtle

Terrapene carolina carolina

Spotted turtle

Clemmys guttata

Wood turtle

Glyptemys insculpta

1,5

Musk turtle

Sternotherus odoratus

1,5

Painted turtle

Chrysemys picta

1,5

Snapping turtle

Chelydra serpentina

Black racer

Coluber constrictor

1,5

Ring-necked snake

Diadophis punctatus

Eastern hognose snake

Heterodon platirhinos

1,5

Eastern milksnake

Lampropeltis triangulum triangulum

1,5

Northern watersnake

Nerodia sipedon

Smooth greensnake

Opheodrys vernalis

1,5

Brown snake

Storeria dekayi

1,5

Red-bellied snake

Storeria occipitomaculata

Ribbon snake

Thamnophis sauritus

1,5

Garter snake

Thamnophis sirtalis

Fish

1, 6

Tilapia

1, 6

Hybrid striped bass

1, 6

Alewife

Alosa pseudoharengus

1, 6

American brook lamprey

Lethenteron appendix

1, 6

American Eel

Anguilla rostrata

1, 6

American Shad

Alosa sapidissima

1, 6

Atlantic Salmon

Salmo salar

1, 6

Banded Killifish

Fundulus diaphanus

1, 6

Banded Sunfish

Enneacanthus obesus

1, 6

Black Crappie

Pomoxis nigromaculatus

1, 6

Blacknose Dace

Rhinichthys atratulus

1, 6

Blacknose Shiner

Notropis heterolepis

1, 6

Blueback Herring

Alosa aestivalis

1, 6

Bluegill

Lepomis macrochirus

1, 6

Bridle Shiner

Notropis bifrenatus

1, 6

Brook Trout

Salvelinus fontinalis

1, 6

Brown Bullhead

Ameiurus nebulosus

1, 6

Brown Trout

Salmo trutta

1, 6

Burbot

Lota lota

1, 6

Chain Pickerel

Esox niger

1, 6

Channel Catfish

Ictalurus punctatus

1, 6

Common Shiner

Luxilus cornutus

1, 6

Common White Sucker

Catostomus commersoni

1, 6

Creek Chub

Semotilus atromaculatus

1, 6

Eastern Creek Chubsucker

Erimyzon oblongus

1, 6

Eastern Silvery Minnow

Hybognathus regius

1, 6

Emerald Shiner

Notropis atherinoides

1, 6

Fallfish

Semotilus corporalis

1, 6

Fathead Minnow

Pimephales promelas

1, 6

Finescale Dace

Chrosomus neogaeus

1, 6

Fourspine Stickleback

Apeltes quadracus

1, 6

Golden Shiner

Notemigonus crysoleucas

1, 6

Lake Chub

Couesius plumbeus

1, 6

Lake Trout

Salvelinus namaycush

1, 6

Lake Whitefish

Coregonus clupeaformis

1, 6

Largemouth Bass

Micropterus salmoides

1, 6

Longnose Dace

Rhinichthys cataractae

1, 6

Longnose Sucker

Catostomus catostomus

1, 6

Margined Madtom

Noturus insignis

1, 6

Mummichog

Fundulus heteroclitus

1, 6

Ninespine Stickleback

Pungitius pungitius

1, 6

Northern Pike

Esox lucius

1, 6

Northern Redbelly Dace

Chrosomus eos

1, 6

Pumpkinseed

Lepomis gibbosus

1, 6

Rainbow Smelt

Osmerus mordax

1, 6

Rainbow Trout

Oncorhynchus mykiss

1, 6

Redbreast Sunfish

Lepomis auritus

1, 6

Redfin Pickerel

Esox americanus americanus

1, 6

Rock Bass

Ambloplites rupestris

1, 6

Round Whitefish

Prosopium cylindraceum

1, 6

Sea Lamprey

Petromyzon marinus

1, 6

Slimy Sculpin

Cottus cognatus

1, 6

Smallmouth Bass

Micropterus dolomieui

1, 6

Splake

hybrid (brook x lake trout)

1, 6

Spottail Shiner

Notropis hudsonius

1, 6

Sunapee Trout

Salvelinus aureolus

1, 6

Swamp Darter

Etheostoma fusiforme

1, 6

Tadpole Madtom

Noturus gyrinus

1, 6

Tessellated Darter

Etheostoma olmstedi

1, 6

Threespine Stickleback

Gasterosteus aculeatus

1, 6

Tiger Trout

hybrid (brown x brook trout)

1, 6

Walleye

Sander vitreus

1, 6

White Perch

Morone americana

1, 6

Yellow Bullhead

Ameiurus natalis

1, 6

Yellow Perch

Perca flavescens

Birds

All indigenous species

1, 2, 5

All waterfowl, indigenous

or naturalized, except:

Mute swans

Cygnus olor

Mallard, listed as noncontrolled in Fis 803.03(b)(6)q.

Grouse, Ruffed

Bonasa umbellus

Grouse, Spruce

Dendragapus canadensis

Crow, Pied

Buzzard, European

Mammals

Agouti, Red rumped

Anteater, Lesser

Armadillo

Badger, American

Taxida taxus

Barbary Sheep

Bear, Black

Ursus americanus

Bear, Grizzly

Ursus horrilibus

Beaver

Castor canadensis

Binturong

A. binturong

Bobcat

Lynx rufus

Caracal

Felis caracal

Chipmunk, Eastern

Tamias striatus

Coatimundi

Nasua nasua

Cottontail, Eastern

Sylvilagus floridanus

Cottontail, New England

Sylvilagus transitionalis

Cougar

Felis concolor

Coyote

Canis latrans

Dama Wallaby

Elephant

Elaphus maximus , Loxodonta

africans

Fisher

Martes pennanti

Fox, Fenec, Arctic

Fox, gray

Urocyon cinereoargenteus

Fox, red

Vulpes vulpes

Genet

Genetta spp

Giraffe

2, 4, 5

Hare, snowshoe

Lepus americanus

Hyena

Kangaroo

Kinkajou

Potos flavus

Jaguar,

Black, Spotted

Panthera onca

Lemming, Northern Bog

Synaptomys borealis

Lemming, Southern Bog

Synaptomys cooperi

Leopard,

Snow, Black, Spotted,

Clouded

Panthera uncia, P. pardus, P.neofelis,

P. nebulosa

Lion

Panthera leo

Lynx, Canada

Lynx canadensis

Lynx, Eurasian/Siberian

Lynx lynx

Marten

Martes americana

Mink

Mustela vison

Mole, Hairy-tailed

Parascalops breweri

Mole, Star-nosed

Condylura cristata

Mongoose

H. pulverulentus

Mouse, Deer

Peromyscus maniculatus

Mouse, Meadow Jumping

Zapus hudsonius

Mouse, White-footed

Peromyscus leucopus

Mouse, Woodland Jumping

Napaeozapus insignis

Muskrat

Odontra zibethicus

Opossum, Virginia

Didelphis virginiana

Otter, River

Lutra canadensis

Patagonian Cavy

Doli salincola

Peccarries, Collared

Pipistrelle, Eastern

Pipistrellus subflavus

Porcupine

Erethizon dorsatum

Porcupine, African Crested

Hystrix cristata

Porpoise

Phocaena spp.

Prairie Dog

Cynomys spp.

Primates, to include:

Chimpanzee

Pan troglodytes

Gorilla

Gorilla gorilla

Orangutan

Pongo sygmaeus

Baboons

Papio spp

Spider Monkey

Ateles spp

Squirrel Monkey

Saimiri , spp

Capuchin

Cebus , spp

Rhesus

Macaca mulatta

Marmoset, Guenon(s),

Celebes macaque

Cercopihecus spp.

Raccoon

Procyon lotor

Seal, Harbor

Phoca vitulina

Serval, African

Felis serval

Shrew, Long-tailed

Sorex dispar

Shrew, Masked

Sorex cinereus

Shrew, Pygmy

Sorex hoyi

Shrew, Short-tailed

Blarina brevicauda

Shrew, Smoky

Sorex fumeus

Shrew, Water

Sorex palustris

Skunk, striped

Mephitis mephitis

Springhare

Squirrel, Gray

Sciurus carolinensis

Squirrel, Northern Flying

Glaucomys sabrinus

Squirrel, Red

Tamiasciurus hudsonicus

Squirrel, Southern Flying

Glaucomys volans

Tenrec, Giant

Lowland streaked

Tigers

Panthera tigeris

Two-Toed Sloth

Choloepus didactylus

Vole, Meadow

Microtus pennsylvanicus

Vole, Northern Red-backed

Clethrionomys gapperi

Vole, Rock

Microtus chrotorrhinus

Vole, Woodland

Microtus pinetorum

Wallaby

Tammar, Bennett,

Dama

Weasel, Least

Erminea rixosa

Weasel, Long-tailed

Mustela frenata

Weasel, Short-tailed

Mustela erminea

Wolf

Canis lupus

Wolverine

Gulo gulo

Woodchuck

Marmota monax

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, 6-5-07; amd by #9880-A, eff 3-1-11; EXPIRED: 6-5-15 (except for alligators and crocodiles in Table 800.1); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.07 Importation of Wildlife, Other Than Fish {#sec-fis-803.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.07}

(a) Persons holding a current permit to import for a specific wildlife species, other than fish, shall only import such wildlife which has a health certificate that meets:

(1) USDA requirements pursuant to 9 CFR 2.78; or

(2) Any other health inspection requirements pursuant to the laws and rules of the NH department of agriculture.

(b) A copy of the health certificate shall be sent to the fish and game department.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; amd by #6177, eff 1-27-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.08 Importation of Fish {#sec-fis-803.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.08}

(a) Fish, other than non-controlled fish species, shall not be imported from any source that has not filed a report of pathological inspection meeting the criteria set forth in Fis 803.09 and Fis 803.10 so as to ensure that the fish being imported are free of disease-causing pathogens.

(b) No warmwater species of fish shall be imported from zone 2.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; amd by #6177, eff 1-27-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #12768, eff 5-3-19; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.09 Pathological Inspections for Fish {#sec-fis-803.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.09}

(a) Pathological inspections of fish shall be conducted annually, the most recent within one year prior to the date of import, and at least 3 consecutive annual inspections shall be conducted, prior to the date of import.

(b) The inspection shall be conducted only by a licensed veterinarian, persons certified as a fish health inspector or a fish pathologist by the American Fisheries Society or under the Canadian fish health regulations, or an employee of the fish and game department in the state from which the fish or gametes originate with responsibility and training for fish health inspections. A copy of the certification shall be sent to the executive director before approval. No owner or employee with direct supervisory authority over a facility shall serve as an inspector for their fish culture facility.

(c) The methods of disease diagnosis and the fish culture facility inspections shall follow the procedures and the methods as described in the “Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens”, also known as “The Blue Book”, developed by the Fish Health Section (FHS) of the American Fisheries Society, 2020 Edition, as specified in Appendix II. If more sensitive or more definitive published procedures are available, they may be used, but any departures from the basic procedures set forth by the FHS shall be noted on all associated inspection reports.

(d) No fish shall be imported from states known to have waters infested with zebra mussels or from states which allow the importation of fish from states infested with zebra mussels unless the source of fish is approved free of zebra mussels.

(e) Pathological inspections of fish shall include results of the examinations for family specific pathogens, listed as specified in Table 800.1.1, below:

Table 800.1.1 Family-Specific Pathogens Table

Family Group

Viral pathogens

Bacterial pathogens

Parasitic pathogens

Salmonidae

(trout, salmon, char)

Infectious salmon anemia virus

Viral hemorrhagic septicemia virus

Infectious pancreatic necrosis virus

Infectious hematopoietic necrosis virus

Aeromonas salmonicida

Yersinia ruckeri

Renibacterium salmoninarum

Myxobolus cerebralis

Cyprinidae (minnows) Castomidae (suckers)

and Osmeridae (smelt) fishes.

Spring viremia of carp virus

Viral hemorrhagic septicemia virus

Infectious pancreatic necrosis virus

Infectious hematopoietic necrosis virus

Aeromonas salmonicida

Yersinia ruckerii

Renibacterium salmoninarum

Centrarchidae

(black bass)

Moronidae

(striped basses)

Percidae (walleye,

yellow perch)

Esocidae (pikes)

Spring viremia of carp virus

Viral hemorrhagic septicemia virus

Infectious pancreatic necrosis virus

Infectious hematopoietic necrosis virus

Largemouth bass virus

Aeromonas salmonicida

Yersinia ruckeri

Renibacterium salmoninarum

Ictaluridae (catfishes)

Channel catfish virus

Viral hemorrhagic septicemia virus

Infectious pancreatic necrosis virus

Infectious hematopoietic necrosis virus

Aeromonas salmonicida

Yersinia ruckeri

Edwardsiella tarda

Edwardsiella ictaluri

Cichlidae

Tilapia Iridovirus

Infectious pancreatic necrosis virus

Viral hemorrhagic septicemia virus

Infectious hematopoietic necrosis virus

Spring viremia of carp virus

Aeromonas salmonicida

Yersinia ruckeri

Streptococcus iniae

Streptococcus agalactia

(f) Sample collection and sample lots for specific family testing shall comply with the following:

(1) Facility inspections shall include a minimum of 150 fish from the facility with no less than 60 of each species;

(2) Facility inspections shall include 3 years of consecutive fish health inspections using the reporting process described in Fis 803:10;

(3) Wild fish inspections shall include 60 fish per species and require 3 years of inspection on source population;

(4) Cichlidae fishes that are kept in a closed system shall include one year of inspection; and

(5) Salmonidae live fishes or eggs shall include 3 consecutive years of pathological inspection.

(g) Disinfected Salmonidae eggs from broodfish which are positive for the following list of pathogens that are disinfected prior to import and transported in pathogen-free water may be imported into the state:

(1) Myxobolus cerebralis, whirling disease agent;

(2) Yersinia ruckeri, enteric redmouth disease agent; and

(3) Aeromonas salmonicida, furunculosis agent.

(h) All Salmonidae eggs shall be disinfected upon receipt, provided that any such eggs which are positive for Aeromonas salmonicida shall be disinfected twice upon receipt.

(i) No fish from a facility or water body known to be infected with infectious hematopoietic necrosis virus, viral hemorrhagic septicemia virus, Heterosporis, infectious salmon anemia virus, spring viremia of carp, Myxobolus cerebralis, Ceratomyxa shasta, Tetracapsula bryosalmonae, or epizootic epitheliotrophic disease virus (EEDV) shall be imported.

eff 7-16-04; ss by #8893, eff 6-5-07; amd by #9005, eff 1-1-08; ss by #10279, eff 2-28-13; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.10) (See Revision Note at part heading for Fis 803)

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; ss by #8120,
#11029, eff 1-26-16; ss by #12768, eff 5-3-19; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.10 Pathological Inspection Report for Fish {#sec-fis-803.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.10}

(a) All fish, except non-controlled fish species, imported into the state shall have a pathological inspection report.

(b) The inspection report shall include the following:

(1) Name of the hatchery source;

(2) Address of the hatchery source;

(3) Name of the hatchery manager or owner;

(4) Telephone number of the hatchery manager or owner;

(5) Inspection date;

(6) Name of inspection agent;

(7) Address of inspection agent;

(8) Whether the certification of the inspection agent is by the American Fisheries Society, Canadian department of fisheries and oceans, or the department;

(9) Type of fish;

(10) Type of water supply for the hatchery;

(11) The following information for each specific lot:

a. Lot number;

b. Species;

c. Age in months;

d. Number of fish in the lot;

e. Pathogens inspected for;

f. The number of fish used for examination;

g. Method of examination or detection method; and

h. The results; and

(12) The signature of the inspection agent.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.11) (See Revision Note at part heading for Fis 803)
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 803.11 Permit to Import Wildlife Forms {#sec-fis-803.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.11}

The applicant for a permit to import wildlife shall complete and submit the “Application to Import Wildlife/Fish” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.13) (See Revision Note at part heading for Fis 803)
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36 (formerly Fis 803.12)

N.H. Code Admin. R. Ann. Fis 803.12 Notification of Import of Wildlife {#sec-fis-803.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.12}

Any person importing wildlife, including fish, after obtaining a permit pursuant to Fis 803.05 shall make notification to the fish and game department, within 5 days of importation, that wildlife has been brought into the state by completing the “Notification of Import of Wildlife” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.12) (See Revision Note at part heading for Fis 803)
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36 (formerly Fis 803.11)

N.H. Code Admin. R. Ann. Fis 803.13 Fees {#sec-fis-803.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 803.13}

The fee for a permit to import wildlife shall be $30.00 and shall be submitted with the “Application to Import Wildlife/Fish” form, Rev 04/2026.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.14) (See Revision Note at part heading for Fis 803)
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 804 Possession of Wildlife

N.H. Code Admin. R. Ann. Fis 804.01 Definitions {#sec-fis-804.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.01}

(a) “Cage” means an area enclosed on all sides and has a top and a bottom.

(b) “Enclosure" means an area enclosed on all sides.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.02 Non-controlled Species - Possession {#sec-fis-804.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.02}

(a) A permit to possess wildlife shall not be required for any person to possess wildlife designated as non-controlled as specified in (b), below.

(b) For the purposes of this part, the following species or groups of wildlife shall be designated as non-controlled:

(1) Ornamental aquarium fish, both fresh and marine, that shall be kept in a closed system;

(2) Amphibians, exotic;

(3) Amphibians, indigenous, listed in Table 800.2 for category 1, for up to 5 specimens per species;

(4) Reptiles, exotic, except:

a. Alligator (Alligatoridae, spp);

b. Crocodile (Crocodylidae, spp); and

c. Venomous reptiles, other than the Western Hognose Snake;

(5) Indigenous reptiles listed in Table 800.2 for category 1, for up to 2 specimens of each species;

(6) The following exotic birds:

a. Cockatiel (Nymphicus hollandieus)

b. Canaries (Serinus spp.);

c. Parrots (Psittaciformes);

d. Parakeets (Budgerigar);

e. Mynah Birds (Acridotheres spp);

f. Finches (Estrildidae spp);

g. Pekin robin (Leiothrip lutea);

h. Weavers (Ploceidae);

i. Toucans (Ramphastidae);

j. Button quail (Turnicidae);

k. Pigeons and doves (Columbiformes), exotic;

l. Feral pigeons (Columba domestica and C. livia);

m. Emu (Dromaius novaehollandire);

n. Ostrich (Struthis camelus);

o. Rhea (Rheidae);

p. Waterfowl, exotic migratory except mute swans;

q. Waterfowl, mallard by individuals in category 1; and

r. Gallinaceous birds, except:

Bobwhite quail, Northern (Colinus virginianus);
Grouse, Ruffed (Bonasa umbellus);
Grouse, Spruce (Dendragapus canadensis);
Pheasant, Ring-necked (Phasianus colchicus);
Partridge, Chuckar and Redleg (Alectoris chuka); and
Partridge, Grey/Hungarian (Perdix perdix);

(7) The following mammals:

a. Chinchillas, domesticated, (Chinchilla spp);

b. Gerbils, domesticated;

c. Guinea pigs, domesticated;

d. Hamsters, domesticated (Cricetus cricetus);

e. Mice, domesticated (Mus musculus);

f. Rats, domesticated (Rattus norvegicus and Rattus rattus);

g. Ferrets, domesticated (Mustela putorius furo);

h. Llamas (Lama glama);

i. Alpaca (Lama pacos);

j. Pot belly pigs, domesticated;

k. Rabbits, domesticated;

l. African pigmy hedgehog;

m. Sugar glider (Petaurus breviceps);

n. Tenrec (Tenrec ecaudatus);

o. Yak (Bos grunniens);

p. Camel (Camelus spp.);

q. Asian water buffalo (Bubalus bubalis);

r. Degaus (Octodon degus);

s. Guanaco (Lama quanicoe); and

t. Bison (Bison bison, B. bonasus); and

(8) All marine species originating in the western portion of the North Atlantic Ocean and connected saltwater bays and estuaries, except anadromous and catadromous species.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05; EXPIRED: 11-21-06 (except paragraph (b)(4)p.); ss by #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; amd by #9880-A, eff 3-1-11; amd by #10541, eff 4-1-14; EXPIRED: 6-5-15 (except para. (b)(6)d.); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.03 Prohibited Species - Possession {#sec-fis-804.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.03}

(a) No person shall be issued a permit to possess wildlife that has been designated as prohibited as specified in (b) below or Fis 804.04(b).

(b) For the purposes of this part, the following species or groups of wildlife shall be designated as prohibited:

(1) The following invertebrates:

a. Zebra mussel (Dreissena polymorpha, D. bugensis);

b. Spiny waterflea (Bythotrephes cederstroemi);

c. Fishhook waterflea (Cercopagis pengoi);

d. All non-indigenous crayfish; and

e. Asiatic clam (Corbicula fluminea); and

(2) The following fish:

a. Walking catfish (Clarias batrachus);

b. White amur or grass carp (Ctenopharyngodon idella);

c. Black carp (Mylopharyngodaon piceus);

d. European rudd (Scardinius erythophthalmus);

e. Round goby (Neogobius melanostomus);

f. Tubenose goby (Proterhinus marmoratus);

g. Ruffe (Gymnocephalus cernuus);

h. Snakeheads (Channidae);

i. Bighead carp (Hypophthalmichthys nobilis); and

j. Silver carp (Hypophthalmichthys molitrix).

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; amd by #10541, eff 4-1-14
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.04 Permits To Possess Wildlife {#sec-fis-804.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.04}

(a) No live wildlife, or their hybrids, designated as controlled, or the eggs or progeny thereof, shall be possessed without a permit to possess wildlife or except as otherwise permitted under RSA 207:1-a, RSA 214:34-d and RSA 209-A:3, IV.

(b) All species not specifically listed under the categories of non-controlled, prohibited, or controlled shall be designated as prohibited.

(c) The executive director shall review each application to possess and shall make a determination as to whether such possession shall be permitted. No permit to possess shall be issued if there is any significant disease, genetic, ecological, environmental, health, safety, or welfare risks to the public or other wildlife species.

(d) No possession of wildlife shall take place until a permit is issued by the executive director.

(e) Permits to possess wildlife as specified in Fis 804.05(a) shall expire on December 31 of the calendar year of issuance, unless sooner revoked.

(f) The permit shall be valid only for the facilities or locations described in the application and the permit shall not be transferable or assignable.

(g) An “Application to Possess Live Wildlife” form, Rev 04/2026, shall be submitted no less than 30 days in advance of the requested date of possession.

(h) Health certificates shall meet standards set forth by the United States Department of Agriculture pursuant to 9 CFR 2.78 or the New Hampshire department of agriculture.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.05 Controlled Species - Possession {#sec-fis-804.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.05}

(a) A permit to possess wildlife shall be required for all species, including hybrids, designated as controlled as cited in the controlled table pursuant to (b), below.

(b) A permit shall be issued only to a person in the permittee category(ies), as defined in Fis 802.01, and cited in Table 800.2 as follows:

Table 800.2 Controlled Species Table - Possession

PERMITTEE CATEGORY

SPECIES

SCIENTIFIC NAME

Amphibians

1,5

American toad

Bufo americanus

Fowler’s toad

Bufo fowleri

1,5

Gray treefrog

Hyla versicolor

1,5

Spring peeper

Pseudacris crucifer

1,5

American bullfrog

Rana catesbeiana

1,5

Green frog

Rana clamitans

1,5

Pickerel frog

Rana palustris

Northern leopard frog

Rana pipiens

1,5

Mink frog

Rana septentrionalis

1,5

Wood frog

Rana sylvatica

Jefferson salamander

Ambystoma jeffersonianum

Blue-spotted salamander

Ambystoma laterale

Jefferson X blue-spotted salamander hybrids

Ambystoma jeffersonianum X laterale

1,5

Spotted salamander

Ambystoma maculatum

Marbled salamander

Ambystoma opacum

1,5

Northern two-lined salamander

Eurycea bislineata

1,5

Northern dusky salamander

Desmognathus fuscus

Spring salamander

Gyrinophilus porphyriticus

Four-toed salamander

Hemidactylium scutatum

1,5

Eastern red-backed salamander

Plethodon cinereus

Northern slimy salamander

Plethodon glutinosus

Common Mudpuppy

Necturus maculosus

1,5

Red-spotted newt

Notophthalmus viridescens

Reptiles

Alligator

Alligatoridae, spp

Crocodile

Crocodylidae, spp

All venomous reptiles

Blanding's turtles

Emydoidea blandingii

Eastern box turtles

Terrapene carolina carolina

Spotted turtles

Clemmys guttata

Wood turtles

Glyptemys insculpta

1,5

Musk turtle

Sternotherus odoratus

1,5

Painted turtle

Chrysemys picta

1,5

Snapping turtle

Chelydra serpentina

Black racer

Coluber constrictor

1,5

Ring-necked snake

Diadophis punctatus

Eastern hognose snake

Heterodon platirhinos

1,5

Eastern milksnake

Lampropeltis triangulum triangulum

1,5

Northern watersnake

Nerodia sipedon

Smooth greensnake

Opheodrys vernalis

1,5

Brown snake

Storeria dekayi

1,5

Red-bellied snake

Storeria occipitomaculata

Ribbon snake

Thamnophis sauritus

1,5

Garter snake

Thamnophis sirtalis

Fish

1, 6

Tilapia

1, 6

Alewife

Alosa pseudoharengus

1, 6

American brook lamprey

Lethenteron appendix

1, 6

American Eel

Anguilla rostrata

1, 6

American Shad

Alosa sapidissima

1, 6

Atlantic Salmon

Salmo salar

1, 6

Banded Killifish

Fundulus diaphanus

1, 6

Banded Sunfish

Enneacanthus obesus

1, 6

Black Crappie

Pomoxis nigromaculatus

1, 6

Blacknose Dace

Rhinichthys atratulus

1, 6

Blacknose Shiner

Notropis heterolepis

1, 6

Blueback Herring

Alosa aestivalis

1, 6

Bluegill

Lepomis macrochirus

1, 6

Bridle Shiner

Notropis bifrenatus

1, 6

Brook Trout

Salvelinus fontinalis

1, 6

Brown Bullhead

Ameiurus nebulosus

1, 6

Brown Trout

Salmo trutta

1, 6

Burbot

Lota lota

1, 6

Chain Pickerel

Esox niger

1, 6

Channel Catfish

Ictalurus punctatus

1, 6

Common Carp

Cyprinus carpio

1, 6

Common Shiner

Luxilus cornutus

1, 6

Common White Sucker

Catostomus commersoni

1, 6

Creek Chub

Semotilus atromaculatus

1, 6

Eastern Creek Chubsucker

Erimyzon oblongus

1, 6

Eastern Silvery Minnow

Hybognathus regius

1, 6

Emerald Shiner

Notropis atherinoides

1, 6

Fallfish

Semotilus corporalis

1, 6

Fathead Minnow

Pimephales promelas

1, 6

Finescale Dace

Chrosomus neogaeus

1, 6

Fourspine Stickleback

Apeltes quadracus

1, 6

Golden Shiner

Notemigonus crysoleucas

1, 6

Lake Chub

Couesius plumbeus

1, 6

Lake Trout

Salvelinus namaycush

1, 6

Lake Whitefish

Coregonus clupeaformis

1, 6

Largemouth Bass

Micropterus salmoides

1, 6

Longnose Dace

Rhinichthys cataractae

1, 6

Longnose Sucker

Catostomus catostomus

1, 6

Margined Madtom

Noturus insignis

1, 6

Mummichog

Fundulus heteroclitus

1, 6

Ninespine Stickleback

Pungitius pungitius

1, 6

Northern Pike

Esox lucius

1, 6

Northern Redbelly Dace

Chrosomus eos

1, 6

Pumpkinseed

Lepomis gibbosus

1, 6

Rainbow Smelt

Osmerus mordax

1, 6

Rainbow Trout

Oncorhynchus mykiss

1, 6

Redbreast Sunfish

Lepomis auritus

1, 6

Redfin Pickerel

Esox americanus americanus

1, 6

Rock Bass

Ambloplites rupestris

1, 6

Round Whitefish

Prosopium cylindraceum

1, 6

Sea Lamprey

Petromyzon marinus

1, 6

Slimy Sculpin

Cottus cognatus

1, 6

Smallmouth Bass

Micropterus dolomieui

1, 6

Splake

hybrid (brook x lake trout)

1, 6

Spottail Shiner

Notropis hudsonius

1, 6

Sunapee Trout

Salvelinus aureolus

1, 6

Swamp Darter

Etheostoma fusiforme

1, 6

Tadpole Madtom

Noturus gyrinus

1, 6

Tessellated Darter

Etheostoma olmstedi

1, 6

Threespine Stickleback

Gasterosteus aculeatus

1, 6

Tiger Trout

hybrid (brown x brook trout)

1, 6

Walleye

Sander vitreus

1, 6

White Perch

Morone americana

1, 6

Yellow Bullhead

Ameiurus natalis

1, 6

Yellow Perch

Perca flavescens

1, 6

Hybrid striped bass

Birds

All indigenous species

1,2, 5

All waterfowl, indigenous and naturalized, except:

2, 3, 4, 5, 7

Mallard

Anas platyrhynchos

1, 5

Mute Swans

Cygnus olor

Crow, Pied

Buzzard, European

Gallinaceous Birds:

1, 2, 3, 4, 5, 7

Bobwhite Quail, Northern

Colinus virginianus

Grouse, Ruffed

Bonasa umbellus

Grouse, Spruce

Dendragapus canadensis

1, 2, 3, 4, 5, 7

Pheasant, Ring-necked

Phasianus colchicus

1, 2, 3, 4, 5, 7

Partridge, Chukar/Redleg

Alectoris chuka

1, 2, 3, 4, 5, 7

Partridge, Grey/Hungarian

Perdix perdix

Mammals

Armadillo

Anteater, Lesser

Agouti, red rumped

Badger

Taxida taxus

Barbary Sheep

Bear, Black

Ursus americanus

Bear, Grizzly

Ursus horrilibus

Beaver

Castor canadensis

Binturong

Boar, wild

Sus scrofa

Bobcat

Lynx rufus

Caracal Lynx

2, 5

Caribou/Reindeer

Rangifer tarandus

Cavy, Patagonian

Doli salinicola

Chipmunk, Eastern

Tamias striatus

Coatimundi

Nasua nasua

Cottontail, Eastern

Sylvilagus floridanus

Cottontail, New England

Sylvilagus transitionalis

Cougar

Felis concolor

Coyote

Canis latrans

Dama Wallaby

2, 5

Deer, Red

Cervus elaphus

2, 5

Deer, Sika

Cervus Nippon

Deer, White-tailed

Odocoileus virginianus

Elephant

Elaphus maximus, Loredomta africans

2, 5

Elk

Cervus elephus Canadensis

Fisher

Martes pennanti

Fox, Gray; Fenec

Urocyon cinereoargenteus

Fox, Red

Vulpes vulpes

Genet

Genetta spp.

Giraffe

Hyena

2, 4 & 5

Hare, Snowshoe

Lepus americanus

Jaguar, Black, Spotted

Kangaroo, Red

Kinkajou

Potos flavus

Lemming, Northern Bog

Synaptomys borealis

Lemming, Southern Bog

Synaptomys cooperi

Lemur, Ringtailed

Leopard

Panthern umeia , P. pardus, Neofelis nebulasa

Lion

Panthera leo

Lynx, Canadian, Siberian

Lynx canadensis

Marten

Martes americana

Mink

Mustela vison

Mole, Hairy-tailed

Parascalops breweri

Mole, Star-nosed

Condylura cristata

Mongoose

Moose

Alces alces

Mouse, Deer

Peromyscus maniculatus

Mouse, Meadow Jumping

Zapus hudsonius

Mouse, White-footed

Peromyscus leucopus

Mouse, Woodland Jumping

Napaeozapus insignis

Muskrat

Odontra zibethicus

Opossum, Virginia

Didelphis virginiana

Otter, River

Lutra canadensis

Peccary, Collared

Pipistrelle, Eastern

Pipistrellus subflavus

Porcupine, North American

African crested

Erethizon dorsatum

Hystrix cristata

Prairie Dog

Cynamys , spp.

Primates to include:

Chimpanzee

Pan troglodytes

Gorilla

gorilla gorilla

Orangutan

Pongo pygmaeus

Baboons

Papio spp

Spider Monkey

Ateles spp

Squirrel Monkey

Saimici spp

Capuchin

Cebus spp

Marmoset (Tamarin)

Cercopihecus spp.

Guenon(s)

Celebes macaque

Rhesus

Macaca mulatta

Raccoon

Procyon lotor

Rat, African pouched

Serval, African

Shrew, Long-tailed

Sorex dispar

Shrew, Masked

Sorex cinereus

Shrew, Pygmy

Sorex hoyi

Shrew, Short-tailed

Blarina brevicauda

Shrew, Smoky

Sorex fumeus

Shrew, Water

Sorex palustris

Skunk, Striped

Mephitis mephitis

Springhare

Squirrel, Gray

Sciurus carolinensis

Squirrel, Northern Flying

Glaucomys sabrinus

Squirrel, Red

Tamiasciurus hudsonicus

Squirrel, Southern Flying

Glaucomys volans

Tenrec, Giant, Lowland streaked

Tiger; Golden Tabby, Siberian, White Siberian, Bengal

Panthera tigeris

Two-Toed Sloth

Choloepus didaclybus

Vole, Meadow

Microtus pennsylvanicus

Vole, Northern Red-backed

Clethrionomys gapperi

Vole, Rock

Microtus chrotorrhinus

Vole, Woodland

Microtus pinetorum

Wallaby, Dama, Tammar, Bennett

Water Buffalo, Eurasian

Weasel, Least

Erminea rixosa

Weasel, Long-tailed

Mustela frenata

Weasel, Short-tailed

Mustela ermine

Wolverine

Woodchuck

Marmota monax

Wolf

Canis lupus

Zebra

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05; EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; amd by #9790-A, eff 1-1-11; EXPIRED: 6-5-15 (except for para. (b) intro. and the permittee category of birds in Table 800.2); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #13513, eff 1-1-23; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.06 Power to Inspect {#sec-fis-804.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.06}

(a) The executive director or the director’s agents shall inspect wildlife, facilities, permits, or records under the control of the permittee for the purpose of ascertaining compliance with this part. Such inspection shall be undertaken at a time agreed upon by the director or the director’s agent and the permittee.

(b) An inspection of facilities, cages, or enclosures shall occur prior to the issuance of any permit, if the applicant has not held a permit for the regulated activities in the previous year.

(c) An inspection shall not be required for wildlife on the controlled possession list, as specified in Table 800.02 and jointly on the release list, as specified in Table 800.3.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.07 Prior Possession of Wildlife {#sec-fis-804.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.07}

(a) Any person who has legally acquired and possesses wildlife under a valid permit in 1992, and continuously since, and such wildlife is now designated as prohibited or controlled, shall be issued a permit to possess such wildlife.

(b) Any person who has legally possessed spotted turtles (Clemmys guttata), Blanding's turtles (Emydoidea blandingii), wood turtles (Glyptemys insculpta), or Eastern box turtles (Terrapene carolina carolina) prior to January 1, 1996, and continuously since, shall be issued a permit to possess wildlife. The possession permit shall be for those turtles in possession and no replacements shall be allowed.

(c) Any person who legally possessed species listed as non-controlled prior to June 1, 2007, and now listed as controlled, shall be issued a permit to possess wildlife. The possession permit shall be for wildlife in possession prior to June 1, 2007, and no replacements shall be allowed.

(d) Any person who legally possessed species listed as controlled prior to October 1, 2015, and now is classified as prohibited, shall be issued a permit to possess said species. The possession permit shall be for wildlife in possession prior to October 1, 2015, and no replacements shall be allowed, unless a waiver is issued.

(e) Wildlife possessed under permits issued pursuant to Fis 804.04 shall meet the following criteria:

(1) Wildlife shall have a permanent means of identification; and

(2) All requirements of this part shall be met.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.08 Fish {#sec-fis-804.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.08}

Channel catfish, Tilapia, and hybrid striped bass shall be kept in a closed system.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.09 Housing and Cage or Enclosure Requirements {#sec-fis-804.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.09}

(a) Captive wildlife shall be confined at all times in cages or enclosures.

(b) For all wildlife possessed, the permittee shall provide enclosures or cages that:

(1) Are of sufficient strength and construction to minimize risk of escape;

(2) Protect the wildlife from all other animals, domestic or wild;

(3) Protect the wildlife from the adverse elements of nature;

(4) Protect the public from contact with the wildlife; and

(5) Provide unrestricted movement required of the wildlife for proper exercise.

(c) Inadequate enclosure or cage size may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior.

(d) The permittee shall prevent the public from injuriously feeding or otherwise harming the wildlife and shall post the necessary warning signs requiring the public to refrain from such practices.

(e) The permittee shall take precautions to protect the public from injury from permitted wildlife and to prevent any release of wildlife possessed.

(f) All cages or enclosures for the possession of wildlife shall meet or exceed minimum specifications required by this part for various kinds of wildlife.

(g) All enclosures or cages for bats shall follow the guidelines set forth in the “Protocol for Wildlife Rehabilitator Response to Hibernating Bats Affected with White-Nose Syndrome (2011)”, as specified in Appendix II.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.10 Birds {#sec-fis-804.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.10}

(a) Bird cages and enclosures shall be as follows:

(1) Bird cages shall be of adequate size to allow for normal postural and social adjustments;

(2) Permittees in categories 1, 2, and 3 shall comply with the following restrictions:

a. Northern bobwhite quail, 6 weeks or older, and other birds of like size shall be caged at a maximum of 2 birds per square foot;

b. Partridge, 6 weeks or older, and other birds of like size, shall be caged with at least a minimum of 10 square feet per bird; and

c. Ringneck pheasants, 6 weeks or older, and other birds of like size, shall be caged with at least a minimum of 20 square feet per bird; and

(3) The use of holding pens shall be permitted for northern bobwhite quail, partridge, and pheasants for up to 7 days after importation or acquisition of the birds.

(b) All mute swans shall be marked by the owner. Adults shall be wing clipped, with the primary feathers cut annually. Progeny shall be pinioned. Adults, eggs, and progeny shall not be released.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.11 Small Animal Enclosures {#sec-fis-804.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.11}

All enclosures for possessing wildlife described in this part shall, as a minimum, meet USDA caging requirements, pursuant to 9 CFR 3, subparts D, E and F.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.12 Deer Enclosures {#sec-fis-804.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.12}

(a) Deer and related animals shall be provided with an enclosure that will ensure unrestricted movement for each animal.

(b) Propagators of sika, fallow, red deer, or elk or permit holders of pre-existing regulated shooting areas for whitetail deer or elk shall provide an enclosure at least 8 feet high and a minimum of 2,000 square feet per animal.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.13 Additional Enclosure Requirements for Wildlife Held by Exhibitors {#sec-fis-804.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.13}

(a) Indigenous species that are prohibited for importation and that the department provides to an exhibitor shall be provided seclusion and shade where the wildlife can escape viewing by the public at any time.

(b) Exhibitors of deer, elk, or moose shall provide an enclosure at least 8 feet high and a minimum of 2,000 square feet per animal and present these wildlife in a natural environmental setting.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.14 Identification Requirements {#sec-fis-804.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.14}

(a) Deer and elk held under a propagation permit shall have 2 forms of permanent identification in the form of ear tags or tattoos.

(b) At least one form of identification shall be a dangle-type ear tag that shall be legible from at least 10 feet away with the naked eye.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; amd by #9880-A, eff 3-1-11; para. (b) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.15 Sanitation and Nutritional Requirements for Permitted Wildlife {#sec-fis-804.15 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.15}

(a) All cages, enclosures, and their surroundings shall be kept in a sanitary condition which impedes the transmission of parasites and diseases.

(b) Drinking water shall be provided daily in clean containers and as often and necessary for the health and comfort of the animal. Swimming and wading pools shall be cleaned as needed. Enclosures shall provide adequate drainage of surface water and runoff to prevent accumulation of standing water.

(c) Food shall be of a type and quantity sufficient to meet the nutritional requirements of the subject wildlife and shall be provided in clean containers, in an unspoiled and uncontaminated condition. If self-feeders are used, adequate measures shall be taken to prevent molding, contamination, and deterioration or the caking of food.

(d) Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and to reduce odors.

(e) Subsequent to the presence of an animal with an infectious or transmissible disease, cages, rooms, and hard-surfaced pens or runs shall be sanitized by:

(1) Washing them with hot water, at a temperature of at least 180°F at source, and soap or detergent, as in a mechanical washer;

(2) Washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant; or

(3) Cleaning all soiled surfaces with pressurized steam.

(f) Pens or runs using gravel, sand, or dirt shall be sanitized when necessary, as directed by the attending veterinarian.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.16 Handling and Health of Wildlife Possessed {#sec-fis-804.16 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.16}

(a) Permittees shall handle the wildlife in a manner to prevent any injury or stress to the wildlife and protect the well-being of the wildlife at all times.

(b) All wildlife shall be kept as free as possible from parasites or disease.

(c) When wildlife becomes afflicted with, or unsightly as a result of, disease or parasites, it shall be removed from public display or view by the permittee or the permittee's agent and provided proper medical attention, or destroyed, in a humane manner, if necessary.

(d) A permittee shall notify the department in writing within 5 business days of any unexplained diseases or deaths occurring in wildlife possessed under the permittee’s permit.

(e) A permittee shall notify the department within 72 hours of any escaped animals, to include species, sex, identification numbers, and date and time of escape.

History

(See Revision Note at chapter heading Fis 800 #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.17 Removal of Wildlife from Premises {#sec-fis-804.17 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.17}

Wildlife, for which a permit to possess has been issued, shall not be removed from the premises described on the permit, except to a licensed veterinarian in New Hampshire for medical reasons or under a permit to release.

History

(See Revision Note at chapter heading Fis 800 #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 804.18 Permit to Possess Wildlife Forms {#sec-fis-804.18 omnilex-key=us-nh-regs-official--agency-fis--Fis 804.18}

(a) The applicant for a permit to possess wildlife shall complete and submit the “Application to Possess Live Wildlife” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(b) Pemittees requesting renewal of a possession permit shall submit:

(1) A census listing of the number and species of wildlife in possession by the permittee at the time of renewal; and

(2) A statement, signed subject to the penalties for making unsworn false statements under RSA 641:3, that the permittee is in compliance with the requirements of Fis 800.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 805 Release of Wildlife

N.H. Code Admin. R. Ann. Fis 805.01 Prohibited Species - Release {#sec-fis-805.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 805.01}

(a) No person shall be issued a permit to release wildlife designated as prohibited in paragraph (b) below.

(b) For the purposes of this part, the following species or groups of wildlife shall be designated as prohibited:

(1) The following invertebrates:

a. All indigenous imported into the state; and

b. All exotics;

(2) The following amphibians:

a. All indigenous imported into the state; and

b. All exotics;

(3) The following reptiles:

a. All indigenous imported into the state; and

b. All exotics;

(4) The following fish:

a. All species listed as prohibited for importation or possession pursuant to Fis 803.04 and Fis 803.05;

b. All non-indigenous species; and

c. Any species not naturalized in New Hampshire;

(5) All birds except:

a. Bobwhite quail, northern (Colinus virginianus);

b. Mallard (Anas platyrhynchos) by category 3 or 4;

c. Pheasant, ring-necked (Phasianus colchicus);

d. Partridge, Chukar or redleg (Alectoris chuka); and

e. Partridge, grey or Hungarian (Perdix perdix); and

(6) The following mammals:

a. Exotics; and

b. Extirpated indigenous.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 805.02 Non-Controlled Species – Release {#sec-fis-805.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 805.02}

(a) A permit to release wildlife shall not be required for any person to release wildlife designated as non-controlled as specified in (b) below.

(b) For the purposes of this part, the following species or groups of wildlife shall be designated as non-controlled:

(1) Pigeons and doves (Columbiformes), exotic; and

(2) Feral pigeons (Columba domestica and C. livia).

History

#9790-A. eff 1-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36 (formerly Fis 805.011)

N.H. Code Admin. R. Ann. Fis 805.03 Permits to Release Wildlife {#sec-fis-805.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 805.03}

(a) No live wildlife designated as controlled, the eggs or progeny thereof, shall be released without a permit to release wildlife or except as otherwise permitted under (e) below, RSA 207:1-a, RSA 214:34-d, or RSA 209-A:3, IV, or unless the release of wildlife is specifically permitted under another permit, such as birds for regulated shooting areas, individual training and shooting permits, or fish for kids’ tournaments under this chapter.

(b) No person shall release or allow to be released any wildlife that is diseased or suspected of being diseased.

(d) A permit to release shall be valid from date of issuance to the end of the calendar year in which the permit was issued or the expiration of the health certificate, whichever is sooner.

(e) No permit to release wildlife shall be required to release indigenous wildlife captured or trapped by a landowner, as long as the release is on the landowner’s own land or on another landowners’ land and only with written permission of the other landowner.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRES: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36 (formerly Fis 805.02)

N.H. Code Admin. R. Ann. Fis 805.04 Fish Health Certification {#sec-fis-805.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 805.04}

Any fish, imported into the state to be released, shall have a health certification as required in Fis 803.08 through Fis 803.10.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36 (formerly Fis 805.03)

N.H. Code Admin. R. Ann. Fis 805.05 Controlled Species- Release {#sec-fis-805.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 805.05}

(a) No person shall release wildlife designated as controlled pursuant to Table 800.3 below, without a permit to release wildlife.

(b) A permit shall be issued only to a person in the permittee category(ies), as defined in Fis 803.01, and cited in Table 800.3 as follows:

Table 800.3 Controlled Species Table - Release

PERMITTEE

N.H. Code Admin. R. Ann. Fis 805.06 Permit to Release Wildlife {#sec-fis-805.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 805.06}

(a) Applicants for a permit to release wildlife shall complete and submit, at least 30 days prior to the proposed release, the “Application for Permit to Release Wildlife” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(b) A permit fee in the amount of $25.00 dollars shall be submitted with each application.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36 (formerly Fis 805.05)

Part Fis 806 Propagation of Wildlife

N.H. Code Admin. R. Ann. Fis 806.01 Permit to Propagate Wildlife {#sec-fis-806.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 806.01}

(a) No person shall engage in the propagation of wildlife without a permit from the executive director in accordance with RSA 212:25, I.

(b) No wildlife shall be propagated unless it has been designated as controlled for these purposes pursuant to Fis 804.05 and a permit has been issued. For the purposes of this provision, a propagator shall not be required to obtain a separate permit to possess.

(c) The permit shall be valid only for the premises described in the application. The permit shall not be transferable and shall not be assignable.

(d) A person permitted to possess wildlife as a propagator shall have the wildlife inspected by a veterinarian for disease, general health, and condition at least once each calendar year. This shall not apply to propagators that raise and sell quail, pheasant, or chucker partridge in state and who sell all of their birds by the end of the calendar year.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 806.02 Compliance Requirements {#sec-fis-806.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 806.02}

Permittees shall comply with all of the requirements of Fis 803 on importing wildlife and Fis 804 on possessing wildlife.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 806.03 Reporting {#sec-fis-806.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 806.03}

(a) The permittee shall file an annual report with the executive director within 30 days of the expiration date of the permit or at the time of renewal.

(b) The permittee shall complete and submit the “Propagation of Wildlife Report” form, Rev 04/2026, available on the department website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(c) The permittee shall notify the department in writing within 5 business days of any unexplained diseases or deaths occurring in wildlife possessed under a permit to propagate wildlife.

(d) Records of reporting required under (b) above shall be maintained and kept for the previous 3 years.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 806.04 Permit to Propagate {#sec-fis-806.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 806.04}

(a) The applicant for a permit to propagate wildlife shall complete and submit the “Application to Propagate Wildlife” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(b) Permittees requesting renewal of a propagation permit shall submit:

(1) A census listing of the number and species of wildlife in possession at the time of renewal; and

(2) Documentation that the wildlife have been inspected pursuant to Fis 806.01(d).

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 806.05 Snowshoe Hare Live-Capture Requirements {#sec-fis-806.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 806.05}

(a) As part of the fish and game department’s responsibility to recognize, preserve, and promote the state’s hunting heritage, the purpose of this section is to allow the continuance of a long-held tradition of hunting hares and rabbits with trained beagles by fostering responsible dog training and breeding and promoting interest in the hunting of snowshoe hares. The purpose of this section is to allow the limited take of snowshoe hares in a manner that will not have an adverse effect on the population of snowshoe hares. This section regulates the taking of live snowshoe hares from the wild within New Hampshire and allows a limited number of hares to be held in captivity for propagation and training purposes.

(b) The applicant for a permit to live-capture snowshoe hare shall complete and submit the “Permit to Live-Capture Snowshoe Hare” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(c) The live-capture of snowshoe hares shall only be conducted by licensed trappers who have been designated by the club to live-capture hares on the club’s behalf, and be subject to the following conditions:

(1) The live-capture of snowshoe hares shall only be done during the open season for taking hares as specified in Fis 301.10(a)(1);

(2) Live-capture shall be conducted only on private land with written landowner permission;

(3) Live-capture shall be done only by box-trap;

(4) Traps shall be securely labeled with the name and contact information of the permittee;

(5) Traps shall be equipped with a weatherproof top;

(6) Each active trap shall be baited with enough apple, rabbit feed, or alfalfa to provide for the nourishment of a captured snowshoe hare for at least 24 hours;

(7) Traps shall be checked at least once in every calendar day;

(8) No more than 20 snowshoe hares per season may be live-captured by each qualifying beagle club with no more than 10 snowshoe hares live-captured per season from the combined area of wildlife management units H1, H2, I1, I2, J2, K, L, and M;

(9) No live capture of snowshoe hare shall be conducted in those areas closed to the taking of cottontail rabbits as specified in Fis 301.10(c);

(10) Snowshoe hares that die during live-capture efforts shall count as part of the 20 snowshoe hares allowed per year per club;

(11) Snowshoe hares not kept for training or propagation purposes shall be immediately released at the site of capture; and

(12) No more than 10 licensed trappers shall be designated per beagle club to live-capture snowshoe hare on that club’s behalf during the term of the permit.

(d) No fees shall be charged to any beagle club by persons engaged in snowshoe live-capture. This shall not preclude reimbursement of expenses associated with the live-capture and care of snowshoe hares by club members on behalf of their respective clubs.

(e) Live-captured snowshoe hares shall remain on the capturing club’s property and not be transferred elsewhere.

(f) Progeny of live-captured snowshoe hares may be transferred or exchanged with another permitted beagle club provided that no money shall be charged by either club to the other for the value of the animal.

(g) A permittee holding a snowshoe hare in captivity for propagation purposes shall:

(1) Hold the animal in accordance with the possession requirements of Fis 804;

(2) At least once each calendar year contact the law enforcement division to request a visit from a conservation officer in order to select and remove one or more animals for inspection by a veterinarian; and

(3) Provide an annual written report of a veterinarian to the department summarizing the inspections specified in (2) above.

(h) The conservation officer shall transport the selected animal(s) to the veterinarian to be examined for disease, general health, and condition, with the cost of the inspection to be borne by the permittee.

(i) Snowshoe hares that escape from established pens on club property may be recaptured during the open season for taking snowshoe hare within 50 yards of their established pens and shall not count towards the season limit.

(j) Any snowshoe hares live-captured and held for release shall be released on club property within 2 days of capture.

(k) Each club shall report annual snowshoe hare capture activities by completing and submitting the “Snowshoe Hare Live-capture Summary Report” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(l) Annual summary reports shall be submitted to the department by April 15th. No permits to live-capture in subsequent years shall be issued to a club until the annual report from the last year a permit was held is received.

History

#8792, eff 1-9-07; ss by #10619, eff 6-2-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #12591, eff 7-25-18; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 807 Aquaculture - Inland and Marine

N.H. Code Admin. R. Ann. Fis 807.01 Definitions {#sec-fis-807.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.01}

(a) “Abutter” means any person whose property adjoins or is directly across a right of way from the site under consideration.

(b) “Littoral owner” means a shorefront property owner who owns to the highwater mark or other public or private boundary and whose property boundaries abut the site under consideration.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.02 License Required {#sec-fis-807.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.02}

(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.

(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.

(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.

(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.

(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.

(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.

(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) The proposed species:

a. Life cycle;

b. Life history;

c. Reproductive habits; and

d. Habitat requirements;

(2) Genetics of the specific wildlife;

(3) Interaction with competing species;

(4) Food or habitat competition with indigenous species; and

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

a. Type of system, whether closed or controlled; and

b. Screened outlets or other enclosures.

(h) Aquaculture licenses shall be granted for the specific species listed on the application and permit.

(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.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; ss by #10478, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.03 Application Procedure for an Inland Aquaculture License {#sec-fis-807.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.03}

Each applicant for an inland aquaculture license for aquatic species under RSA 211:62-e shall complete and submit the “Aquaculture Application (Inland)” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.04 Conditions of the Inland Aquaculture License {#sec-fis-807.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.04}

(a) An aquaculture license shall have additional specific conditions imposed, such as listed in (b) below, if necessary to control any disease, genetic, ecological, environmental, health, safety, or welfare risks to persons, the environment, aquatic, or marine species.

(b) Conditions which address the type of operations shall include:

(1) The type of system whether a closed system or controlled system;

(2) Screened outlets;

(3) Enclosures;

(4) Species restrictions; or

(5) Genetic restrictions.

(c) Screening devices or other methods of containment shall be maintained at all times to prevent the release of aquatic species into the wild.

(d) An aquaculture licensee may buy and resell or exchange species from another in-state aquaculture business without being required to bring the species into the licensee's own hatchery facility.

(e) Aquaculture licensees shall be subject to the requirements for importing and releasing fish under Fis 803 and Fis 805, except that aquaculture licensees may stock brook trout, rainbow trout, or brown trout from their facility into non-public bodies of water that are closed systems without a permit to release fish.

(f) A copy of the aquaculture license shall be carried on all vehicles used for transporting species.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; amd by #9773-A, eff 1-1-11; paras. (a)-(d) and (f) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.05 Sale - Inland Aquaculture {#sec-fis-807.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.05}

(a) Species propagated or raised under a commercial inland aquaculture license may be sold.

(b) The inland aquaculture licensee shall provide a dated bill of sale or record of the transaction to the purchaser.

(1) The species;

(2) Number or quantity;

(3) The aquaculture license number; and

(4) Hatchery source.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.06 Reporting on an Inland Aquaculture License {#sec-fis-807.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.06}

(a) For inland aquaculture licensees, no annual report for aquatic species shall be submitted to the department.

(b) Each inland aquaculture operation shall maintain records as follows:

(1) Of all aquatic species bought, sold, or shipped;

(2) The name and address of the buyer and seller;

(3) The appropriate license or permit number of the buyer or seller;

(4) The transaction date;

(5) The species, number or pounds of each species in the transaction; and

(6) The origin of aquatic species involved.

(c) Such records shall be kept for a minimum of 2 years and shall be made immediately available to the executive director or designated agent upon request.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRES: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.07 Application Procedures for a Marine Aquaculture License {#sec-fis-807.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.07}

(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.

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

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

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

a. Methodology;

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

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;

d. Site specific information which is available, including:

Tidal information;
Location of natural resources such as shellfish and eelgrass beds and finfish stocks;
Benthic characterization of sediment types;
Recreational or commercial activities in and around the site; and
Navigational aspects such as channels, navigational aids, vessel traffic, or moorings; and

e. Type, size, and configuration of any gear used during any phase of the aquaculture operations and how it will be used;

(3) Source of organisms to be utilized throughout the project;

(4) Disposition of organisms during the various phases of the project;

(5) A list of any biocides, algaecides, antibiotics, or other methods of control or treatment to be used during the project;

(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) 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) 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) 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.

(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.

(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.

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

(1) Site visit;

(2) Benthic substrate evaluation to characterize the sediment types;

(3) Review of the fisheries uses in the area;

(4) Typical wildlife and aquatic plants;

(5) Location of channel, navigational aids, or moorings;

(6) Recreational, commercial, or other activities being conducted in the area;

(7) Tidal information such as flow rate, height, or direction; and

(8) Location of other aquaculture activities within one mile of the proposed site(s).

(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.

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

(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) 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:

a. The NH department of health and human services;

b. The NH department of environmental services;

c. The NH port authority, the Army Corps of Engineers;

d. The Environmental Protection Agency;

e. The United States Coast Guard; or

f. The National Marine Fisheries Services.

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

(1) The details of the project;

(2) The exact location(s) of the project;

(3) The date, time, and place of the public hearing;

(4) The address to comment in writing; and

(5) The deadline for written comment, which shall be 14 days after the scheduled public hearing.

(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.

(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.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRES: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.08 Conditions of the License - Marine {#sec-fis-807.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.08}

(a) All marine aquaculture operations and associated activities, including transporting, labeling, and marking shellfish, shall be conducted in compliance with all state and federal law and regulations.

(b) Persons licensed for aquaculture operations shall conduct environmental monitoring if the department determines that the aquaculture activities have resulted in, or may result in, environmental degradation, nutrient loading, or chemical contamination of the marine environment or marine species.

(c) The licensee shall report any unusual event that occurs to the executive director within 48 hours, followed by a letter, outlining the circumstances of the event, within 5 days. An “unusual event” means any event related to the aquaculture operation that might have a negative impact on the environment.

(d) The issuance of license under this part shall not confer a waiver of liability for any degradation, directly related to the aquaculture operation, to the environment or marine species.

(e) When harvesting indigenous stocks, the licensee and the executive director shall agree on the number or quantity to be harvested and the timetable for harvest, prior to the issuance of the license.

(f) The executive director shall revoke an aquaculture license, after notice and hearing, in accordance with RSA 541-A and Fis 200, for violating one or more conditions described in the license.

(g) Any person whose aquaculture license has been revoked shall be required to reapply using the procedures outlined in Fis 807.07.

(h) There shall be at least 150 feet between locations of licensed marine bottom aquaculture operations inland of the General Sullivan Bridge.

(i) The maximum size of any licensed bottom aquaculture site inland of the General Sullivan Bridge shall be no greater than 4.5 acres.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; ss by #10264, eff 1-29-13; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.09 Sale and Marking - Marine {#sec-fis-807.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.09}

(a) For marine aquaculture licensees, each package of product sold for use as food shall be marked with the species, number or quantity, the aquaculture license number, hatchery source, and destination.

(b) The marine aquaculture licensee shall provide a dated bill of sale or record of the transaction to the purchaser.

(1) The species;

(2) Number or quantity and size;

(3) The aquaculture license number;

(4) Hatchery source; and

(5) Destination.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.10 Reporting - Marine {#sec-fis-807.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.10}

(a) Marine aquaculture licensees shall submit a report to the executive director by the 10th of each month, for the previous month. Monthly aquaculture reports shall be submitted on paper or via electronic means and shall contain the following:

(1) Harvest date;

(2) Species sold;

(3) Number or pounds of species sold;

(4) Disposition of species sold;

(5) Ex-vessel value or price of species sold;

(6) Port, county, and state where species were landed;

(7) The aquaculture license number;

(8) Date species were sold;

(9) Grade and market size of species sold;

(10) Catch source; and

(11) For shellfish harvests, the following:

a. Time of harvest;

b. Time of icing; and

c. Temperature at receiving.

(b) Marine aquaculture licensees shall submit a report by January 31st of each year, on paper or via electronic means, to the executive director. Annual aquaculture reports shall contain the following for the previous calendar year:

(1) Results and findings of the environmental monitoring in Fis 807.08(b);

(2) Any unusual events occurring during the year; and

(3) Summary of activities over the license year including imports and release information.

(c) The submission of complete annual aquaculture reports and all monthly aquaculture reports required during the duration of the current license shall be required for the renewal of any marine aquaculture license under Fis 807.11(1).

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by 11052, eff 3-9-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.11 Fees, Amendments, Renewals, or Transfers {#sec-fis-807.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.11}

(a) The annual fee for an aquaculture license for a commercial inland operation shall be $100. For the purposes of this section, “commercial inland operation” includes fishing preserves or fee fishing operations.

(b) The annual fee for an aquaculture license for an inland operation which is not commercial shall be $20.

(d) Fees for any aquaculture operation to be situated in marine or estuarine waters such as a bottom culture, suspended culture, or pen culture operation shall be as follows:

(1) A non-refundable $200 fee when submitting the information required in Fis 807.07(b);

(2) An annual license fee based on acreage covered by the license as follows;

a. For bottom culture, $200 per acre;

b. For suspended culture, $500 per acre; or

c. For pen culture, $750 per acre; and

(3) Any person harvesting the state's wild natural resources or cultured resources shall be

charged $.015 per organism for American oysters and a $.01 per pound processing fee for fish taken from a pen culture.

(e) Annual commercial aquaculture licenses shall expire on December 31 but may be renewed annually as long as the operation is conducted under the conditions of the current license.

(f) Oyster aquaculture operations in Great Bay Estuary may obtain a license for 5 consecutive calendar years pursuant to RSA 211:62-e, II-b.

(g) Fees for the 5-year license in (f) above shall be as follows:

(1) A non-refundable $200 fee when submitting the information required in Fis 807.07(b);

(2) A license fee based on acreage covered by the license as follows:

a. For bottom culture, $1000 per acre ; or

b. For suspended culture, $2500 per acre;

(3) Any person harvesting the state's wild natural resources or cultured resources shall be charged $.015 per organism for American oysters; and

(4) A surcharge in the amount of $15 to be placed into the derelict fishing gear and coastal cleanup fund, established by RSA 211:77, unless exempted in accordance with RSA 211:62-e, II-b.

(h) The 5 year license for commercial oyster aquaculture operations in Great Bay Estuary shall expire on December 31 but may be renewed as long as the operation is conducted under the conditions of the current license.

(i) The fees in (d)(3), (g)(3), and (g)(4) above shall be paid annually.

(j) To amend the species on a current aquaculture license or add or change species covered by the license to a similar species within the same family, the licensee shall submit a new application or the information required in Fis 807.07(b), at no cost.

(k) The licensee shall submit an application or provide the information required in Fis 807.07(b) for a new license for requesting a change in the type of operation or species.

(l) Renewal of an existing aquaculture license for an aquaculture operation in marine or estuarine waters shall be $100. This renewal fee shall be in addition to any fee required by (d)(2), (d)(3), (g)(2), (g)(3), and (g)(4) above.

(m) A commercial aquaculture license may be transferred along with a sale of a business to a new owner for the duration of that license provided all requirements and conditions of the license shall be met.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07; ss by #10264, eff 1-29-13; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #13476, eff 10-28-22; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.12 Competing Aquaculture Applications {#sec-fis-807.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.12}

(a) In the event the department receives competing aquaculture applications for the same areas, the department shall give preference on a first-come first-served basis.

(b) If 2 or more applications for the same area are received by the department on the same business day, a lottery shall be held by the department to determine which application will be given preference.

(1) Each competing application shall be assigned a unique number;

(2) Selection of winning number shall be done by computer selection of random numbers; and

(3) Applicants on each competing application shall be invited via email to attend the lottery.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #12652, eff 10-27-18; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.13 Waiver {#sec-fis-807.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.13}

(a) The executive director shall waive rules relative to the possession or sale of undersize marine species, except lobster, for aquaculture operations, if the executive director determines that the operation and handling of the species:

(1) Does not impact the management of that marine species;

(2) Does not jeopardize the enforcement efforts directed towards wild stocks; and

(3) Properly tracks source, quantity, and destination of the species.

(b) The executive director shall waive rules relative to the method of taking marine species for aquaculture operations if the executive director determines that the manner and method of taking:

(1) Does not adversely impact the state’s wildlife or marine resources in the area of the aquaculture operation;

(2) Does not adversely interfere with other users of the area;

(3) Is restricted to the area licensed for aquaculture; and

(4) Does not result in the possession of other marine species.

History

(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
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.14 Aquaculture Raised Hybrid Striped Bass {#sec-fis-807.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.14}

(a) The purpose of this section is to provide consistency in the regulation of the sale of aquaculture raised hybrid striped bass because aquaculture raised hybrid striped bass (Morone saxatilis X M. chrysops) produced for market create a potential outlet for undersized striped bass that could undermine the management and enforcement goals. Aquaculture raised striped bass for market can be easily and quickly shipped to all parts of the country. Regulations governing transport, handling, and sale are most effective if standardized among the states. This section is drafted to be consistent with provisions of Resolution IV adopted by the Atlantic States Marine Fisheries Commission in 1989.

(b) No person shall market, promote, advertise, or sell “hybrid striped bass” as “striped bass”. Only the term “hybrid striped bass” shall be used.

(d) The tag shall be clearly marked as “hybrid striped bass” and contain the following:

(1) State of origin;

(2) Name and address of shipping and receiving dealers;

(3) State permit number, if applicable;

(4) Date shipped; and

(5) Weight of container.

(e) Whole hybrid striped bass or fillets of aquaculture raised hybrid striped bass shall have the skin attached.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 807.15 Protection of Aquaculture Gear and Product {#sec-fis-807.15 omnilex-key=us-nh-regs-official--agency-fis--Fis 807.15}

(a) No person, except the owner, the executive director, or a designated agent, shall molest, pull, tend, possess, or disturb any gear used in a licensed marine aquaculture operation or any marine species raised therein without the written permission of the owner.

(b) No person, except the licensee or an individual with written permission from the licensee, shall take or possess oysters, clams, or mussels from a licensed aquaculture site that is properly marked with yellow buoys at each corner.

History

#10709, eff 1-1-15, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #12368, eff 8-22-17; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 808 Regulated Shooting Areas

N.H. Code Admin. R. Ann. Fis 808.01 Statement of Applicability {#sec-fis-808.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.01}

Fis 808.03 shall not apply to any person licensed as a propagator for the purpose of taking wildlife in a hunting preserve setting prior to, including, and continuously since 1968, except such non-conforming tracts shall not increase in size. No new non-conforming tracts shall be permitted.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.02 Permit Requirements {#sec-fis-808.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.02}

(a) Regulated shooting area permits pursuant to Fis 808.10 shall expire on December 31 of the calendar year of issuance unless sooner revoked.

(b) A regulated shooting area permit shall be valid only for the premises described in the application.

(c) Upon notification to the department, a regulated shooting area permit may be transferred along with a sale of a business to a new owner for the duration of that license provided all requirements and conditions of the license shall be met.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.03 Property Requirements {#sec-fis-808.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.03}

(a) A regulated shooting area shall include no more than 500 contiguous acres.

(b) No regulated shooting area operation shall be conducted on land less than 50 acres.

(1) The property shall be contiguous and not crossed or bisected by any public right-of-ways; and

(2) Any lease of land shall be for a term of not less than one year from the date of application.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.04 Posting of Land {#sec-fis-808.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.04}

All regulated shooting areas shall be posted in a manner as prescribed by RSA 635:4 and shall clearly delineate any areas within 300 feet of occupied dwellings or public ways which might pose a threat to non-participants in the event of a shooting activity.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.05 Required Elements of Regulated Shooting Area Rules {#sec-fis-808.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.05}

Each regulated shooting area shall establish rules for the regulated shooting area including:

(a) Shooting hours;

(b) Qualifications for engaging in a shooting activity; and

(1) Operational hours;

(2) Range rules;

(3) Field safety considerations; and

(4) Other safety requirements, as needed.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.06 Municipal Notification {#sec-fis-808.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.06}

(a) The department shall notify the municipality in writing of new applications and afford the town or municipality 30 days from the date on the letter to contact the department with any comments or concerns.

(b) No response from the town or municipality within 30 days shall indicate that it has no comments to make during the application process, at which time the department shall resume the review of the application.

(c) The department shall deny any new application not in compliance with local zoning provisions and other local ordinances and codes.

(d) This section shall not apply to licensees applying for renewal of their current license for a regulated shooting area.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.07 Requirements for the Taking of Certain Species {#sec-fis-808.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.07}

(a) The taking of any species of wildlife from the licensed premises which is not listed on the regulated shooting area permit shall conform to all rules for such species as prescribed in Fis 300, RSA 208, RSA 209, and RSA 210.

(b) The licensee shall provide a tag or receipt for all other wildlife taken under the regulated shooting area as identification that they were legally taken and possessed.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; amd by #6116, eff 11-22-95; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.08 Required Report {#sec-fis-808.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.08}

(a) Regulated shooting area permittees shall annually file the “Regulated Shooting Area Report” form, Rev 04/2026, with the executive director within 30 days of the expiration date of the permit or at the time of renewal.

(b) The annual report required in (a) above shall be available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.09 Compliance Requirements {#sec-fis-808.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.09}

Regulated shooting area permittees shall comply with the requirements of parts Fis 803, Fis 804, and Fis 805 for the importation, possession, and release of wildlife.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 808.10 Regulated Shooting Area Permit Application {#sec-fis-808.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 808.10}

(a) Applicants for a regulated shooting area permit shall complete and submit the “Application for Regulated Shooting Area” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(b) For renewal of an existing regulated shooting area, the permittee shall request a renewal of the permit in writing by including on or with the application form:

(1) The permittee’s name and address;

(2) A statement that there have been no changes to the original application and that the operation is in compliance with all of the fish and game regulations; and

(3) The annual report specified in Fis 808.08.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 809 Individual Training and Shooting Permit

N.H. Code Admin. R. Ann. Fis 809.01 Individual training and shooting permit {#sec-fis-809.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 809.01}

“Individual training and shooting permit” means a permit issued for the purpose of releasing or taking of the released game birds to train dogs.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 809.02 Individual Training and Shooting Permit Requirements {#sec-fis-809.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 809.02}

(a) An individual training and shooting permit shall be issued only to an individual for the person’s property or for use on another person’s property, provided written permission has been provided.

(b) The individual training and shooting permit shall allow an individual to possess, release, and shoot permitted wildlife solely for the purpose of teaching a dog to track, point, flush, or retrieve game birds. No other activities shall be allowed under this permit.

(c) An individual training and shooting permit shall expire on December 31 of the calendar year of issuance unless sooner revoked.

(d) An individual training and shooting permit shall be valid only for the premises described in the application, and the permit shall not be transferable or assignable. Applicants may list up to 5 sites.

(e) The individual training and shooting permit shall not be used as a regulated shooting area permit.

(f) No more than 3 licensed hunters with firearms shall use the same parcel of land at any one time during a training session under this permit.

(g) No fees shall be charged by the permittee to another individual participating in this regulated activity.

(h) Each person training and shooting under an individual training and shooting permit shall have a license under RSA 214:9 unless the person is a resident landowner engaged in the regulated activity on their own property pursuant to RSA 214:2.

(i) The permittee shall comply with the requirements for possession, except that a separate permit to possess shall not be required.

(j) During the open season the daily bag limits shall apply.

(k) On state owned or managed lands no shooting shall occur during the closed seasons.

(l) Dog training activities shall not take place in newly planted agricultural fields.

(m) A dog training permit shall be required any time dogs are to be trained on native wildlife pursuant to Fis 1106.05.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 809.03 Individual Training and Shooting Permit Application {#sec-fis-809.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 809.03}

(a) The applicant for an individual training and shooting permit shall complete and submit the application form “Application for Individual Training and Shooting Permit”, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(b) A permit fee in the amount of $20.00 shall be submitted with each application and renewal application.

(c) A hunting license shall not be required if the permittee is a resident landowner engaged in the regulated activity on their own property, pursuant to RSA 214:2.

History

(See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED 5-21-07
#8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 810 Exhibition

N.H. Code Admin. R. Ann. Fis 810.01 Exhibition of Wildlife {#sec-fis-810.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 810.01}

(a) A permit to exhibit wildlife shall be required for any person offering wildlife for exhibition to the public pursuant to RSA 207:14. This permit shall allow wildlife to be viewed by the public while the wildlife are restricted to an enclosure.

(b) There shall be no human contact with the wildlife except by the permittee or as specified in (c) below.

(c) Exhibitors permitted to exhibit fallow deer (Dama dama) or reindeer (Rangifer tarandus) may allow human contact with the deer.

(d) The permittee shall safeguard the public from exhibited wildlife.

(e) Applicants for permits to exhibit venomous reptiles shall demonstrate that they have 1,000 hours of practical experience in the handling and possession of venomous species.

History

#6191, eff 2-22-96; ss by #6889, eff 11-21-98; ss by #7945, eff 8-28-03; ss by #8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 810.02 Requirements for Permit to Exhibit Wildlife {#sec-fis-810.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 810.02}

(a) No permanent exhibition of live wildlife shall be located within 100 feet of the center line of any highway, road, or street.

(b) Permits to exhibit shall expire on December 31 of the calendar year of issuance unless sooner revoked.

(c) A permit to exhibit shall be valid only for the fixed or mobile facility described in the application and the permit shall not be transferable or assignable.

(d) If applicable, the permittee shall possess all the required federal permits and comply with all the laws and rules set forth by such permit for wildlife regulated by the United States Department of Agriculture (USDA) and the United States Fish and Wildlife Service (USFWS). Possession of a federal permit shall not allow the possession of species that are prohibited by the state of New Hampshire.

(e) At all times, the permittee shall provide the necessary protection to ensure the wellbeing of the wildlife while in the public view and shall also conform with all requirements of this part.

(f) The permittee or the permittee's designee shall be present at the location where the wildlife is being exhibited.

(g) If the exhibition of wildlife is mobile or transitory in nature, the permittee shall provide, at least 48 hours in advance, a list of exhibition dates and locations in the state. A copy or fax of the itinerary required by the USDA, which includes all exhibition dates and locations in and out of state, may be faxed or mailed to the department in lieu of creating a new list for in-state locations only.

(h) Exhibitions, enclosures, or cages not regulated by the USDA shall conform to the pertinent enclosure or caging requirements for wildlife under Fis 804.

(i) A person with a permit to exhibit wildlife shall allow the executive director or the executive director's agents to inspect the enclosures, cages, exhibition facilities, wildlife, and all pertinent reports to ensure compliance with the requirements of this chapter. Such inspection shall be undertaken at a time agreed upon by the director or the director’s agent and the permittee.

(j) No exhibitor shall import, acquire, or add any new wildlife if the exhibitor is in direct non-compliance pursuant to USDA regulations or is not in compliance with Fis 810.

(k) “Direct non-compliance” means that the wildlife is being handled in such a way as to be a risk to the animal or the public and includes, but is not limited to:

(1) Unsafe shelter or enclosure;

(2) Potential for escape exists;

(3) Wildlife in immediate need of veterinary care;

(4) Spoiled food or other nutritional issues; and

(5) Improper ventilation for indoor housing.

(l) Exhibitors of venomous reptiles shall provide the department and their local EMS provider with an emergency procedures protocol to be followed in the event of a bite inflicted by a venomous reptile to include contact information for the source of anti-venom for each species in possession.

(m) Exhibitors of venomous reptiles shall provide written documentation of membership in an approved venom bank.

(n) Exhibitors of venomous reptiles shall microchip, for identification purposes, any specimens listed on the state’s endangered species list pursuant to Fis 1001.01(a) or the state’s threatened species list pursuant to Fis 1001.02(a).

(o) Exhibitors of venomous reptiles shall notify the department within 48 hours of any changes in inventory of venomous reptiles as a result of acquisition, reproduction, and mortality.

(p) Specimens of reptiles listed in the threatened or endangered species list and in the possession of a permitted exhibitor shall not be sold or given away and shall be kept in compliance with RSA 212-A:7.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 810.03 Restraints {#sec-fis-810.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 810.03}

(a) Live wildlife may be chained or tethered to buildings or other suitable anchorage when exhibiting wildlife as part of a presentation at a fixed facility by direct supervision of a qualified exhibitor.

(b) Elephants may be chained or tethered when exhibited as part of a mobile or fixed facility.

(c) Tethering or leashed wildlife shall only be allowed on the property of the permittee or with prior written consent of the facility where the wildlife is being exhibited.

(d) Written consent from the person accepting responsibility for the facility shall include:

(1) Exhibitor's name and permit number;

(2) Name of facility;

(3) Name of the person accepting responsibility for facility; and

(4) Date of the presentation.

(e) A copy of the written consent shall be kept on the person exhibiting wildlife and available for inspection by any person.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 810.04 Breeding and Sale of Wildlife {#sec-fis-810.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 810.04}

(a) Exhibitors may sell wildlife to other licensed exhibitors.

(b) Moose and white-tailed deer provided pursuant to Fis 804.13(a), to an exhibitor licensed under this part shall not be propagated, sold, donated, or disposed of.

(c) Violations of (b) above shall result in the immediate loss of all moose or white-tailed deer and the loss of the exhibitor’s permit after notice and hearing in accordance with Fis 200.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 810.05 Application for Permit to Exhibit {#sec-fis-810.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 810.05}

(a) Applicants for a permit to exhibit shall make application subject to the penalties for making unsworn falsification under RSA 641:3.

(b) Applicants for a permit to exhibit shall provide documentation with the application that possessed

wildlife has been inspected by a veterinarian for disease, general health, and condition within the last year pursuant Fis 806.01(d).

(c) The applicant for a permit to exhibit shall complete and submit the “Application for Permit to Exhibit Wildlife” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 810.06 Municipal Notification {#sec-fis-810.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 810.06}

(a) The department shall notify the municipality in writing of new applications for fixed facilities and afford the town or municipality 30 days from the date on the letter to contact the department with any comments or concerns.

(b) No response from the town or municipality shall indicate that it has no comments to make during the application process and at which time the department shall resume the review of the application.

(d) This section shall not apply to renewal of a current exhibitor’s permit by the original applicant.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 810.07 Permit Fee {#sec-fis-810.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 810.07}

(a) The annual permit fee of a fixed facility open to the public shall be $100.00. The fixed facility may also include a mobile facility.

(b) The annual permit fee for a mobile facility, which has no fixed facility open to the public, shall be $50.00.

(c) The annual permit fee for a mobile facility that is only open to the public 5 days or less per calendar year shall be $25.00.

(d) Out of state exhibitors who hold a USDA exhibitor’s license shall not be required to obtain an additional permit to import wildlife for these animals.

History

#6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 811 Sale of Wildlife

N.H. Code Admin. R. Ann. Fis 811.01 Amphibians and Reptiles {#sec-fis-811.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 811.01}

(a) No person shall sell spotted turtles (Clemmys guttata), Blanding's turtles (Emydoidea blandingii), wood turtles (Glyptemys insculpta), or Eastern box turtles (Terrapene carolina carolina).

(b) No person shall sell indigenous species of reptiles or amphibians listed in Table 800.2, including parts or eggs thereof, except:

(1) Non-living snapping turtles (Chelydra serpentina) and bull frogs (Rana catesbeiana) raised outside the state which may be possessed, bought, and sold for use as food provided that with each package there shall be a bill of sale bearing the species, the weight of the package, and the place of origin; and

(2) Non-living amphibians and reptiles listed in Table 800.2 for category one obtained outside the state to be used for educational purposes.

History

#6290, eff 7-20-96 (formerly Fis 1109.01); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06
#8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07
#8893, eff 6-5-07, EXPIRED: 6-5-15
#10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 812 Wildlife Rehabilitation

N.H. Code Admin. R. Ann. Fis 812.01 Wildlife Rehabilitation Permits {#sec-fis-812.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 812.01}

(a) Pursuant to RSA 207:14, any person possessing wildlife to care for and rehabilitate the wildlife shall obtain a wildlife rehabilitation permit.

(b) There shall be 2 classes of wildlife rehabilitation permits:

(1) A class I apprentice wildlife rehabilitation permittee shall:

a. Be at least 18 years old;

b. Be sponsored by a holder of a class II rehabilitation permit; and

c. Only care for wildlife while directly supervised by the class I permittee’s sponsor; and

(2) A class II wildlife rehabilitation permittee shall:

a. Be at least 18 years old; and

b. Either:

Work under the consultation and support of a licensed veterinarian and shall have satisfactorily completed 200 hours over a 2-year period as a class I apprentice wildlife rehabilitation permittee;
Be a licensed veterinarian; or
Hold a valid wildlife rehabilitator license from another state.

(c) An applicant for a class I apprentice rehabilitation permit shall complete the “Class I Apprentice Rehabilitation Permit Application” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(d) An applicant for a class II rehabilitation permit shall complete and submit the “Class II Wildlife Rehabilitation Permit Application” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(e) To be eligible for a class II permit, an applicant shall either be a licensed veterinarian, hold a valid wildlife rehabilitator license from another state, or shall submit a letter of support signed by the applicant’s Class II sponsor certifying that the applicant has met the 200 hour requirement in Fis 812.01(b)(2)b.1.

(f) Upon receipt of a complete class II application, fish and game department personnel shall inspect the applicant's premises to determine if they are adequate for the care and rehabilitation of injured or orphaned wildlife.

(g) To be considered adequate, facilities shall:

(1) Include isolation cages for acute care that shall be of sufficient size to permit the animal to rest in its normal posture;

(2) Include larger holding cages of sufficient size to permit full freedom of movement and exercise for the recovery period;

(3) Be clean and well ventilated;

(4) Maintain wildlife in quiet surroundings accessible only to the permittee and assistants; and

(5) Comply with the housing requirements of wild animals as specified in the First Edition, 2021, “Standards for Wildlife Rehabilitation” published by the International Wildlife Rehabilitation Council and available as specified in Appendix II.

(h) Permits shall be issued for not more than 2 years and shall expire on the second December 31 after issuance.

(i) The executive director shall authorize the rehabilitation of certain rabies vector species (RVS) to rehabilitators who provide a signed statement that the permittee assumes full liability and responsibility for themselves and their assistants in the care of and contact with RVS. "Rabies vector species" means raccoons, woodchucks, fox, skunks, or bats.

(j) Applicants for a renewal of a class I apprentice or class II Wwldlife rehabilitation permit shall complete and submit the “Class I Apprentice Rehabilitation Permit Renewal Application” or “Class II Wildlife Rehabilitation Permit Renewal Application”, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(k) Class II rehabilitators may assign assistants to work with wildlife under their permit at the facility.

(l) Any person who, as of October 1, 2015, was licensed by the department as a wildlife rehabilitator shall be deemed a class II wildlife rehabilitator.

History

#6889, eff 11-21-98; ss by #7808, eff 12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; amd by #9880-A, eff 3-1-11, (paras. (a)-(c) & (e)-(k)); amd by #9880-B, eff 3-1-11, (para. (d)); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 812.02 General Conditions {#sec-fis-812.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 812.02}

(a) A federal permit issued by the U.S. Fish and Wildlife Service shall be secured by the permittee before receiving or rehabilitating any species protected by federal law.

(b) Permittees who acquire a federal or state listed endangered or threatened wildlife species, black bear, white-tailed deer, moose, or bobcat shall, within 24 hours, notify the fish and game department's executive director or designee. The care and disposition of any of these species shall be handled under the direction of the executive director or designee.

(c) Wildlife shall be released back into the wild as soon as the animal is physically capable of survival in the opinion of a consulting veterinarian or the rehabilitator.

(d) Wildlife shall be released into its natural habitat within the state of New Hampshire at a location agreed upon by the executive director or designee assigned to the patrol area where the release is planned.

(e) Wildlife may be transferred to other rehabilitation permittees if better care or facilities are required and are available.

(f) Except as provided in Fis 812.04, relative to unreleasable wildlife, no wildlife shall be kept alive when, in the opinion of a consulting veterinarian, it becomes evident that rehabilitation and release into the wild is impossible.

(g) No injured wildlife shall be kept longer than 6 months, and no orphaned wildlife shall be kept longer than 10 months, except as provided in Fis 812.04. If the appropriate season for release is outside the timeframe, the permittee shall notify the executive director which wildlife will be kept until the appropriate time for release and the expected date of release.

(h) The permittee shall keep human contact with wildlife being rehabilitated at a minimum.

(i) The fish and game department and its employees shall not be responsible for any costs or liability involved in the treatment of any wildlife.

History

#6889, eff 11-21-98; ss by #7808, eff 12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A, eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 812.03 Record Keeping and Reporting Requirements {#sec-fis-812.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 812.03}

(a) Permittees shall maintain a current record of all wildlife received or released which shall include the name and address of the permittee.

(b) For each animal received, the record shall include the following:

(1) Species;

(2) Date wildlife was found;

(3) Location where wildlife was found;

(4) Date of admission;

(5) Name, address, and telephone number of the individual from whom acquired;

(6) Reason for admission;

(7) Date(s) of veterinary evaluation or treatment;

(8) Disposition;

(9) Date of disposition; and

(10) Release site.

(d) Permittees shall submit to the department a copy of all records, kept pursuant to (b) above, each year by January 31 of the following calendar year.

(e) Wildlife rehabilitation facilities and records shall be available for inspection by fish and game department personnel at any time during ordinary business hours for the purpose of ascertaining compliance with this part.

(f) Department personnel shall remove wildlife from the custody of the permittee if it is discovered that the permittee is not in compliance with Fis 812.02(a), (b), (e), (f), (g), or (h) or that is determined to pose significant risk for RVS pursuant to Fis 812.01(i).

History

#6889, eff 11-21-98; ss by #7808, eff 12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A, eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 812.04 Unreleasable {#sec-fis-812.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 812.04}

Wildlife.

(a) When it is determined by a consulting veterinarian that, after a period of rehabilitation, the wildlife is unreleasable or incapable of survival in the wild, the executive director shall issue, if requested by the permittee:

(1) A permit to possess specific wildlife, under Fis 804 for the following purposes:

a. For use in cross-fostering or surrogate parenting of orphaned or injured juveniles; or

b. Captive propagation or research as in the restoration and maintenance of threatened or endangered species; or

(2) A permit to exhibit unreleasable wildlife for use in educational displays or programs, which shall be obtained in accordance with Fis 810, provided that the animal in question is capable of feeding itself and adapting to captivity and handling and that the facility can provide long term care and maintenance of the animal.

(b) There shall be no fee for the permit to possess or permit to exhibit wildlife when wildlife remains in the possession of a licensed rehabilitator.

(c) The permit to possess or permit to exhibit shall only be for those specific animals determined to be unreleasable under this section.

(d) In addition, the permittee shall secure all appropriate USFWS or USDA federal permits to possess or exhibit federally regulated species.

History

#6889, eff 11-21-98; ss by #7808, eff 12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A, eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 813 Falconry Permits

N.H. Code Admin. R. Ann. Fis 813.01 Minimum Requirements and Application Procedures {#sec-fis-813.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 813.01}

(a) Any person engaging in falconry or training raptors pursuant to RSA 209-A in New Hampshire shall possess a valid falconry permit, pursuant to Fis 813.02 below, issued by the executive director.

(b) Falconry permits shall expire on December 31 and shall not be valid for more than 3 years from the date of issuance or renewal.

(d) Applicants and permittees shall possess a current New Hampshire hunting license and all applicable stamps and permits.

(e) Nonresident falconers shall also:

(1) Present a copy of a current falconry permit from the state where they reside; and

(2) Demonstrate that they legally possess the raptors by presenting a Migratory Bird Acquisition and Disposition Report, form 3-186A, as required by the United States Department of Interior, Fish and Wildlife Service.

(f) Any person applying for a falconry permit shall pass the falconry examination pursuant to 50 CFR § 21.82(c)(3) with a correct score of at least 80 percent.

(g) Pursuant to 50 CFR § 21.82(c)(3), the exam shall consist of 100 questions covering basic subjects of falconry such as:

(1) Natural history;

(2) Basic biology;

(3) Disease and treatment;

(4) Housing facilities;

(5) Handling, training and use of raptors; and

(6) State and federal laws and regulations.

(h) The applicant shall complete and submit the “Application for Falconry Permit” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(i) The permit fee of $50.00 shall be included with the application form when submitted to the department.

(j) No person shall be issued a New Hampshire nonresident falconry permit of a higher class than the one held in another state. Any person who becomes a resident of the state and holds a valid falconry permit in another state may obtain the same class resident permit in New Hampshire.

History

#8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.01)
#8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 813.02 Permit Classes {#sec-fis-813.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 813.02}

(a) There shall be 3 classes of falconry permits each subject to additional standards and conditions pursuant to 50 CFR § 21.82(c)(2) as specified below:

(1) A permittee in the apprentice falconry permit class shall:

a. Be at least 16 years old;

b. Be sponsored by a holder of a general or master falconry permit for the first 2 years;

c. Be accompanied for a minimum of 20 hours of direct supervision by the apprentice's sponsor annually when practicing falconry;

d. Not possess more than one raptor;

e. Possess only an American kestrel (Falco sparverius) or red-tailed hawk (Buteo jamaicensis); and

f. Not obtain more than one raptor for replacement during any 12-month period;

(2) A permittee in the general falconry permit class shall:

a. Be at least 18 years old;

b. Be recommended for the general falconry permit by apprentice's sponsor who shall attest, in writing to the department, of the apprentice's competence, general falconry knowledge and the 20 hours of direct supervision as specified in (1)c. above;

c. Have at least 2 years’ experience in the practice of falconry at the apprentice level or a similar level of licensure in another state;

d. Sponsor no more than 2 apprentice permittees at one time after obtaining the general falconry permit;

e. Not possess more than 3 raptors for falconry; and

f. Not obtain more than 3 raptors for replacement birds during any 12-month period; and

(3) A permittee in the master falconry permit class shall:

a. Have at least 5 years’ experience at the general class level or a similar level of licensure in another state;

b. Not possess more than 3 raptors for falconry;

c. Not obtain more than 3 raptors for replacement birds during any 12-month period; and

d. Not sponsor more than 3 apprentice permittees at one time after obtaining the master falconry permit.

History

#8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.02)
#8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 813.03 Amendments and Renewals {#sec-fis-813.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 813.03}

(a) Permittees requesting amendment or renewal shall make such request on the application specified in Fis 813.01(h) for a falconry permit.

(b) A $50.00 renewal fee shall be submitted with the request for renewal.

(c) No fee shall be required to amend a current permit to a higher class when the permittee meets all of the requirements of that higher class.

History

#8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.03)
#8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 813.04 Revocation of Permit and Seizure of Raptor {#sec-fis-813.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 813.04}

(a) The executive director shall revoke a falconer's permit and seize the permittee's raptors as follows:

(1) The executive director shall revoke a falconer's permit pursuant to RSA 214:19 if the permittee is convicted of any violation of state or federal game laws or regulations;

(2) The executive director shall revoke a falconry permit, after notice and hearing in accordance with RSA 541-A and Fis 200, for any failure by the permittee to comply with any of the terms of their falconry permit;

(3) During a period of revocation, the person whose permit was revoked shall be issued a permit to possess wildlife under Fis 804.05, except the executive director shall seize the raptors if the permittee's permit was revoked for failure to comply with Fis 813.05; and

(4) Raptors seized shall be disposed of pursuant to RSA 207:17, I.

History

#8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.04)
#8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRES: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 813.05 Housing and Care of Raptors {#sec-fis-813.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 813.05}

(a) The falconry permittee's facilities and equipment shall be inspected and certified that the facilities meet or exceed the facilities and equipment requirements specified in 50 CFR §21.82(c)(3), available as specified in Appendix II, by a department representative prior to receiving a permit.

(b) The executive director or designated agents shall inspect the permittee's facilities, equipment, records, and raptors for the purpose of ascertaining compliance with this part. Such inspection shall be undertaken at a time agreed upon by the director or the director’s agent and the permittee.

History

#8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.05)
#8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 813.06 Marking {#sec-fis-813.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 813.06}

(a) Any peregrine falcon, gyrfalcon, or harris hawk possessed for falconry, except a captive bred raptor lawfully marked by a numbered, seamless band, shall be banded with a permanent, non-reusable, numbered band in accordance with the federal regulations specified in 50 CFR §21.82 (c)(6)(i).

(b) Bands shall be obtained by written request to the department. The band shall not be transferrable and shall be attached to the raptor immediately upon receipt.

(c) Any peregrine falcon, gyrfalcon, or harris hawk possessed for falconry purposes shall be banded at all times. Loss or removal of any band shall be reported to the New Hampshire fish and game department within 5 calendar days and the lost band shall be replaced with a permanent, non-reusable, numbered band.

(d) Marking for raptor propagation purposes shall comply with federal regulations as specified in 50 CFR §21.85(e).

History

#8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.06)
#8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 813.07 Raptor Acquisition and Disposition {#sec-fis-813.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 813.07}

(a) A falconry permit shall be required prior to obtaining a raptor.

(b) A migratory bird acquisition and disposition report, form 3-186A, shall be completed and submitted directly to the USFWS within 5 calendar days of the following:

(1) The acquisition of a raptor taken from the wild or received from or transferred to another person;

(2) The loss of a raptor due to escape, release, theft, or death; or

(3) The re-banding of a raptor which requires banding due to loss or illegibility of previously attached band.

(c) Young wild raptors, eyases, not yet capable of flight shall be taken only by a general or master falconer between May 15 and July 31, annually, subject to the following:

(1) A permittee shall obtain written permission from the landowner before taking an eyase on private land. On public lands, written permission shall be obtained from the controlling authority such as the town select board, state agency, public works, or parks and recreations department of a city;

(2) A permittee shall take not more than one eyase during a calendar year;

(3) No more than one eyase shall be taken from a nest;

(4) The nest shall initially contain 2 or more nestlings; and

(5) At the time of capture, the permittee shall install metal flashing at least 2 feet wide and wrapped completely around the tree trunk at least 4 feet from the ground and painted to match the color of the tree. Flashing shall be removed after the remaining eyase(s) has left the nest.

(d) First-year passage birds and adult American kestrels (Falco sparverius) shall be taken only by general or master permittees during the period of September 1 through December 31.

(e) Apprentice permittees, under the direct supervision of their sponsor, shall take only wild first-year red-tail hawks (Buteo jamaicensis) and wild adult or first-year American kestrels during September 1 through December 31.

(f) General permittees shall not take or possess any species listed as threatened or endangered under 50 CFR 17.

(g) Master permittees shall not take, in any 12-month period as part of a 3-bird limitation, more than one raptor listed as threatened in 50 CFR 17 and then only in accordance with 50 CFR 17.

(h) A bal-chatri type live trap, or other live traps and nets, may be used for taking raptors if they are used in a manner which minimizes the danger of injuring the raptor.

(i) At any time, an escaped marked raptor may be retaken by a permittee in accordance with the provisions of their permit.

(j) Eggs shall not be taken or possessed at any time.

(k) No peregrine falcons shall be taken from the wild.

History

#8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.07)
#8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 813.08 Additional Restrictions and Requirements {#sec-fis-813.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 813.08}

(a) A falconry permit holder shall not intentionally release to the wild any raptor without first obtaining a permit to release wildlife specified in Fis 805.03.

(b) Feathers that are molted or those feathers from birds held in captivity that die may be retained and exchanged by permittees only for imping purposes. For the purposes of this part, “imping” means damaged feather replacement.

(c) Permittees shall maintain complete records of information required in the migratory bird acquisition and deposition reports of all raptors acquired, transferred, lost, or released.

(d) Permittees shall report raptors that die on a properly completed form 3-186A submitted to the USFWS service as required. Carcasses of dead raptors shall be buried unless otherwise authorized by written permission from the USFWS.

(e) Permittees, while practicing falconry, shall comply with the provisions of RSA 207, RSA 208, RSA 209, and RSA 210 and all applicable department rules pertaining to hunting seasons and bag limits for wildlife.

(f) When any raptor used in falconry kills any species of wildlife for which there is no open season or a species of wildlife for which the season is closed, the permittees using the raptor shall not take the dead wildlife into the permittee’s possession but shall leave it where it lies. The raptor shall be allowed to feed on such dead wildlife before leaving the site of the kill.

(g) Raptors held under authority of a falconry permit shall only be used for falconry, except they may be used for falconry demonstrations, which may include the actual flying of the raptor.

(h) Raptors which have been captured from the wild shall not be bought, sold, bartered, or offered for sale or barter under a falconry permit.

(i) Captive bred progeny of lawfully acquired raptors may be bought, sold, bartered, and offered for sale or barter under a falconry permit.

History

#8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.08)
#8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 814 Field Trials

N.H. Code Admin. R. Ann. Fis 814.01 Definitions {#sec-fis-814.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 814.01}

(a) “Field trial” means a competition or examination event to determine the ability of dogs to point, flush, or retrieve ruffed grouse, ring-necked pheasant, northern bobwhite quail, Hungarian partridge, chukar partridge, American woodcock, mallard ducks, pigeons, or to track and trail Eastern cottontail rabbit, snowshoe hare, red and gray fox, and raccoon.

(b) “Gunner” means an individual designated by a hunting dog club to shoot pigeons, pen-propagated mallard ducks, northern bobwhite quail, ring-necked pheasant, chukar partridge, and Hungarian partridge during a permitted shoot to retrieve field trial.

(c) “Shoot to retrieve field trial” means a field trial that examines the ability of dogs to point or flush and retrieve pigeons, pen-propagated mallard ducks, northern bobwhite quail, ring-necked pheasant, chukar partridge, and Hungarian partridge, or pigeons which are shot by a gunner.

History

#9790-A, eff 1-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 814.02 Field Trial Requirements {#sec-fis-814.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 814.02}

(a) Bird dog clubs, rabbit dog clubs, retriever dog clubs, fox hound clubs, or other hunting dog clubs wishing to conduct a field trial shall first obtain a field trial permit from the department which includes authorization for the possession and release of pigeons, pen-propagated mallard ducks, ring-necked pheasant, northern bobwhite quail, Hungarian partridge, and chukar partridge.

(b) All field trials shall be sanctioned or recognized by the American Kennel Club, United Kennel Club, North American Versatile Hunting Dog Association, American Field, or other nationally recognized dog registry or association.

(c) Applications for field trials shall be submitted to the department, either in person or through the mail, at least 30 days prior to the anticipated date of the field trial.

(d) Only pigeons, pen-propagated mallard ducks, northern bobwhite quail, ring-necked pheasant, chukar partridge, and Hungarian partridge may be possessed and released for field trials.

(e) During a permitted shoot to retrieve field trial, only pigeons, pen-propagated mallard ducks, northern bobwhite quail, ring-necked pheasant, chukar partridge, and Hungarian partridge may be shot.

(f) Permittees shall be in compliance with Agr 2103.01 relative to the permit and certificate of veterinary inspection required for poultry before importing any birds into the state.

(g) Pigeons, pen-propagated game birds, and mallard ducks used for a field trial may be released and taken only on the property defined in the permit where the field trial is to be conducted.

(h) The permittee shall comply with the requirements for possession as specified in Fis 804.09, Fis 804.10, Fis 804.15, and Fis 804.16, except that separate permits to possess or release shall not be required.

(i) After release, pigeons, pen-propagated game birds, and mallard ducks may only be pursued by a properly registered participant and their dogs during the field trial event and on said property as specified on the permit.

(j) Daily bag or possession limits shall not apply to the pen-propagated birds liberated and taken during a permitted shoot to retrieve field trial.

(k) All gunners under a shoot to retrieve field trial permit shall have a valid license under RSA 214:9, unless the person is a resident landowner engaged in the regulated activity on their own property pursuant to RSA 214:2 or if the field trial is being held on a regulated shooting area.

(l) Applicants shall obtain written landowner permission on the application form.

(m) A field trial shall be held only during the dates and within the area identified in the permit application.

(n) No field trials shall be held on department pheasant release sites after the last Wednesday in September through December 31, except at Sharp’s Farm, Hopkinton, NH, where field trials may resume as of November 1.

(o) Each permittee shall keep a register of the names and addresses of all participants of each field trial event for a period of 30 days after the close of the field trial and upon demand shall make this register available to any member of the department.

History

#9790-A, eff 1-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 814.03 Field Trials Application Form {#sec-fis-814.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 814.03}

(a) Applicants for a field trial permit pursuant to RSA 207:13 shall complete and submit the “Application for Field Trial Permit” form, Rev 04/2026, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms.

(b) The permit fee of $9.50 shall be included with the application form when submitted to the department.

History

#9790-B, eff 1-1-11 (formerly Fis 1106.06); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15
#11029, eff 1-26-16; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Part Fis 815 Permit Denial and Appeal

N.H. Code Admin. R. Ann. Fis 815.01 Denial of a Permit to Import, Possess, Sell, Exhibit, or Release Wildlife {#sec-fis-815.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 815.01}

(a) Pursuant to RSA 207:14, I(a), a request for a permit to import, possess, sell, exhibit, or release wildlife shall be granted unless the chief of the fish and game department’s wildlife division denies such request due to risks of disease, genetic, ecological, environmental, health, safety, or welfare to persons, marine species, or other wildlife.

(b) The chief of the wildlife division shall notify the applicant in writing of the reasons a permit has been denied. Such notice shall be given within 60 days of the request for a permit.

History

#13513, eff 1-1-23; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 815.02 Appealing the Denial of a Permit to Import, Possess, Sell, Exhibit, or Release Wildlife {#sec-fis-815.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 815.02}

(a) Any person denied a permit pursuant to Fis 815.01 may appeal the decision in writing to the executive director within 60 days of the denial, including the following information in the written appeal:

(1) Name of the person applying for a permit;

(2) Current contact information of the applicant:

a. Residential address;

b. Telephone number; and

c. Email address, if available;

(3) Species of wildlife requested to be imported, possessed, sold, exhibited, or released; and

(4) Purpose for the request.

(b) The executive director shall respond in writing within 60 days of receiving the written appeal to:

(1) Uphold the denial; or

(2) Overturn the denial and grant the permit.

History

#13513, eff 1-1-23; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

N.H. Code Admin. R. Ann. Fis 815.03 Petitions to the Fish and Game Commission {#sec-fis-815.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 815.03}

(a) Any person aggrieved by the decision of the executive director with regards to a permit denial pursuant to Fis 815.02 may appeal such decision by written petition to the fish and game commission (commission).

(b) Pursuant to RSA 206:4-a, VI, the commission shall hear the appeal within 45 days of receiving the written request.

(d) The commission’s ruling shall be in writing and issued within 14 days of the hearing.

APPENDIX I

Rule

Specific State Statute the Rule Implements

Fis 801.01

RSA 206:10, I; RSA 207:14, II(i); RSA 212:25, II(i)

Fis 802

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 803.01

RSA 206:10, I; RSA 207:14, II(i); RSA 212:25, II(i)

Fis 803.02

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 803.03

RSA 206:10, I; RSA 207:14; RSA 212:25, II

Fis 803.04 –

Fis 803.13

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 804.01

RSA 206:10, I; RSA 207:14, II(i); RSA 212:25, II(i)

Fis 804.02

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 804.03

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 804.04 –

Fis 804.18

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 805

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 806

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 807

RSA 206:10, I; RSA 207:14; RSA 211:62-e, I, II, and II-a; RSA 214:8

Fis 808

RSA 206:10, I; RSA 212:25

Fis 809

RSA 206:10, I; RSA 212:25

Fis 810

RSA 206:10, I; RSA 207:14

Fis 811

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 812

RSA 206:10, I; RSA 207:14; RSA 212:25

Fis 813

RSA 206:10, I; RSA 209-A:3, I

Fis 814

RSA 206:10, I; RSA 207:13, I

Fis 815

RSA 206:10, I; RSA 207:14, I(c); RSA 212:25

APPENDIX II

Incorporation by Reference

Rule

Title

Available at

Fis 803.01(a)

Common and Scientific Names of Fishes from the United States, Canada, and Mexico, Special Publication 37, 8th edition (2023)

American Fisheries Society

https://fisheries.org/bookstore/all-titles/special-publications/namesoffishes8/

$60 – hardcopy

$60 – e-book

Fis 803.09(c)

Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens (2020)

American Fisheries Society Fish Health Section

https://units.fisheries.org/fhs/fish-health-section-blue-book-2020/

online only – no charge

Fis 804.09(g)

Protocol for Wildlife Rehabilitator Response to Hibernating Bats Affected with White-Nose Syndrome (2011)

US Fish and Wildlife Service

https://www.dnr.sc.gov/wildlife/publications/pdf/batrehabguidelines092011.pdf

Fis 812.01(g)(5)

Standards for Wildlife Rehabilitation (2021)

International Wildlife Rehabilitation Council

https://theiwrc.org/product/standards-for-wildlife-rehabilitation/ for

$33 – e-book

$60 - hardcopy

Fis 813.05(a)

Falconry Standards and Falconry Permitting - Facilities and Care Requirements (2010)

US Department of the Interior, Fish and Wildlife Services

https://www.govinfo.gov/content/pkg/CFR-2010-title50-vol6/pdf/CFR-2010-title50-vol6-sec21-29.pdf

History

#13513, eff 1-1-23; ss by #14558, eff 4-21-26, EXPIRES: 4-21-36

Chapter Fis 900 Rules for Lands and Waters Under Department Control

Part Fis 901 Areas Affected

N.H. Code Admin. R. Ann. Fis 901.01 Department Controlled Lands {#sec-fis-901.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 901.01}

The department shall maintain a list of department-controlled lands on its website at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/wma-rules-list.pdf which shall be subject to Fis 900.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82-; amd by #2185, eff 11-28-82; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97
#6765, eff 6-15-98; ss by #8505, eff 12-7-05; amd by #8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Part Fis 902 Use of Department Controlled Lands

N.H. Code Admin. R. Ann. Fis 902.01 Definitions {#sec-fis-902.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 902.01}

(a) “Agriculture” means:

(1) The cultivation, conservation, or tillage of the soil;

(2) The application of soil amendments as allowed pursuant to the IPM policy; or

(3) The application of agricultural chemicals pursuant to the IPM policy.

This term includes “farming.”

(b) “Airsoft” means a team-based shooting game in which participants eliminate opposing players by shooting them with spherical plastic projectiles shot from airsoft guns.

(d) “Authorized personnel” means the executive director, conservation law officers, and fish and game department personnel authorized to make decisions on behalf of the executive director.

(e) “Bicycle” means “bicycle” as defined in RSA 259:6.

(f) “Earthcaching” means a type of geocache activity that directs participants to a special geological location.

(g) “Game camera” means “game camera” as defined in RSA 207:1, XI-a. The term also includes “trail camera”.

(h) “Geocaching” means an outdoor recreational activity whereby participants use navigational tools to hide and search for a container that is placed in a publicly accessible location.

(i) “Integrated pest management” (IPM) means “integrated pest management” as defined in RSA 430:50, I.

(j) “Letterboxing” means an outdoor recreational activity whereby participants use clues to hide and search for a box that is placed in a publicly accessible place.

(k) “Off highway recreational vehicle (OHRV)” means “off highway recreational vehicle” as defined in RSA 215-A:1, VI.

(l) “Organized event” means an event published as open for attendance or, if by invitation only, is planned to have an attendance greater than 10 people.

(m) “Paintball” means a game in which participants simulate military combat using air guns to shoot capsules of paint at each other.

(n) “Snowmobile” means “snowmobile” as defined in RSA 215-C:1, XV.

(o) “Special use” means any event, activity, or use that is outside of the purposes for which the property was acquired or beyond the routine recreational use of a specific property, or an event, activity, or use requiring a permit under Fis 902.03.

(p) “Unmanned aerial vehicle (UAV)” means “unmanned aerial vehicle” as defined in RSA 207:57, I-a.

(q) “Vehicle” means any automobile, truck, or motorcycle.

(r) “Walking disability” means “walking disability” as defined in RSA 261:88, I(c).

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97
#6765, eff 6-15-98; ss by #8505, eff 12-7-05; amd by #8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 902.02 Standards Applicable to All Department Controlled Lands {#sec-fis-902.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 902.02}

(a) This section shall not apply to authorized personnel, their agents, or contractors while in performance of their duties. This chapter shall apply to all department controlled lands, unless otherwise specified in Fis 903, Fis 904, or Fis 906.

(b) All activities undertaken on department controlled lands shall be at the sole risk of the person or persons engaged in the activity, pursuant to RSA 212:34, VIII.

(1) The taking of wildlife and fish shall be permitted during the open seasons, in accordance with the statutes under Title 18, and Fis 300, Fis 400, Fis 600, Fis 800, Fis 1200, and Fis 1400;

(2) The lands and waters shall be open to the public year round for the purpose of activities, such as birding, hiking, and wildlife observation, that do not have an adverse impact on the environment as described in Fis 902.03(d), unless posted otherwise or as restricted for specific Wildlife Management Areas by Fis 903;

(3) Guiding as allowed pursuant to RSA 215 and Fis 1300;

(4) Watercraft may be left overnight, except as prohibited for specific properties and provided that:

a. The watercraft shall be present only between April 1 and November 15;

b. The watercraft shall be permanently identified by a current New Hampshire boat registration number or the owner's name and address affixed to the craft; and

c. All watercraft present after November 15 shall be subject to removal and disposal, pursuant to RSA 471-C:14. In the event the value of the craft exceeds $250.00, the matter shall be referred to the office of the attorney general, seeking assistance to obtain appropriate legal relief against the apparent owner of the craft;

(5) Decoys for the purpose of waterfowl hunting shall be deployed so that the user maintains contact with unaided eyesight and shall not be left unattended;

(6) Portable or temporary tree stands or observation or hunting blinds shall be erected only in accordance with RSA 207:36-a, VI;

(7) Unless otherwise posted, the maximum speed limit on land shall be 45 miles per hour for a snowmobile and 35 miles per hour for an OHRV;

(8) Game cameras shall be permitted on department controlled lands, pursuant to RSA 207:63; and

(9) Horses and bicycles shall be permitted on management access roads only, unless otherwise posted.

(d) The following activities shall be prohibited:

(1) Entering department controlled lands or portions of department controlled lands that are closed or restricted to public access;

(2) Pitching a tent, emplacing or erecting any camping device, or sleeping on the ground or in any type of vehicle overnight;

(3) Consuming or possessing any open container of liquor or alcoholic beverage, as defined by RSA 175:1, VIII;

(4) Constructing a permanent structure, including a permanent tree stand, observation or hunting blind, rope swings, or diving platforms;

(5) Discharging a firearm or archery equipment except while lawfully engaged in hunting or trapping activities during approved seasons, unless permitted by special use permit issued in accordance with Fis 902.03;

(6) Paintball and airsoft activities and the discharge of air guns;

(7) Blocking or obstructing pedestrian or vehicular ingress or egress access;

(8) Conducting any form of solicitation, canvassing, non-profit activity, or other business for commercial, political, or private gain, including attaching, affixing, or mounting any commercial or private numerals, notice, or advertisement of any description to a department kiosk, gate, tree, or any other stationary object;

(9) Igniting a fire, fireworks, or other pyrotechnic devices;

(10) Removing, damaging, or disturbing any vegetation, except when harvesting, for personal consumption, edible wild fruit, berries, fungi, or nuts;

(11) Feeding or baiting wildlife at any time, except as allowed by Fis 307;

(12) Altering the existing condition of the site by:

a. Adding or altering any structure;

b. Changing the flow of stormwater drainage;

c. Building cairns or other stone structures; or

d. Digging or otherwise disturbing ground surfaces; and

(13) Withdrawing or discharging water from department controlled lands for commercial or personal use, except when in the conduct of federal, state, county, or municipal public safety training or emergency operations.

(e) The following activities shall be prohibited, unless permitted with a special use permit issued in accordance with Fis 902.03:

(1) The use of OHRVs and snowmobiles, except:

a. On frozen state-owned public waters, as described in RSA 271:20; or

b. On trails approved by the executive director and the department of natural and cultural resources, pursuant to RSA 215-A:42;

(2) Holding organized equestrian, bicycle, and snowmobile, or other rider events with greater than 10 people;

(3) Placing objects for the purpose of geocaching or letterboxing or developing or posting an earthcache or other virtual cache;

(4) Defacing, exploring with hand tools or mechanized equipment, collecting, removing, destroying, or otherwise damaging in any manner any rock, soil, fossil, or mineral;

(5) Conducting any other organized activity with greater than 10 people;

(6) Conducting or causing to be conducted any field investigation, including the use of metal detection or ground penetrating radar equipment, that could discover, yield, or alter a known or previously unrecorded historic resource, even if in receipt of a permit for such investigation issued in accordance with RSA 227-C:7; and

(7) Operating a UAV or remotely-controlled floating or submersible device, except by certified operator acting in conjunction with federal, state, county, or municipal public safety emergency operations.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2433, eff 7-21-83; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97
#6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 902.03 Special Use Permits (SUP) {#sec-fis-902.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 902.03}

(a) Persons seeking a SUP shall submit a request in writing to the executive director including the following information:

(1) The person’s name, address, phone number, e-mail, or, if the person is acting on behalf of an organization, include the organization’s complete contact information and website, if applicable, and the name of the primary contact person;

(2) The name of the department controlled land or public boat access area and the town where the activity is proposed to take place; and

(3) A detailed plan or description of the proposed activity, including:

a. Date(s), time(s), and duration(s) of use;

b. A detailed map(s) of the property and specific area showing the location of the proposed activity;

c. A description of any equipment, materials, or supplies needed for the proposed activity and the extent of its intended use; and

d. The total number of participants or, if the request is for an event, an estimate of the number of people expected to participate.

(b) The executive director, or designee, shall review the request for completeness and shall convey a written request for any additional information within 30 days of receipt of the request.

(c) A SUP request shall not be further evaluated until sufficient information has been received to enable a finding that the request is complete.

(d) The executive director or designee shall issue a SUP, in accordance with RSA 541-A:29, when the proposed activity does not interfere with, pose a risk to, or otherwise adversely impact:

(1) The purpose for which the land was acquired, developed, or managed by the department;

(2) Federal or state endangered or threatened species, as listed in Fis 1001, or species or natural communities listed in the natural heritage bureau inventory database;

(3) Species of greatest conservation need or their habitats, as identified in the department’s state wildlife action plan in accordance with to Pub. L. N. 106-408, 114 Stat. 1762 (2000);

(4) Any native fish, wildlife, or their habitats, based upon input from authorized personnel or reviews from state or federal agencies with jurisdiction over the location or use;

(5) Floodplains, wetlands, shorelands, or public waters of the United States;

(6) Known historic resources, as defined at RSA 227-C:1, VII;

(7) Roads, trails, infrastructure, or facilities; or

(8) Public health or safety, based upon concerns over traffic, vehicular parking, or the ability of the property to safely accommodate the estimated number of users at the specific location.

(e) Specific limitations and conditions shall be placed upon a SUP at the discretion of the executive director, in consideration of the criteria in paragraph (d) above or other factors unique to the special use request.

(f) In addition to a permit issued in accordance with Fis 814.02, field trials shall require a SUP and shall only be permitted on:

(1) Cascade Marsh Wildlife Management Area (WMA), Sutton;

(2) Conner Farm WMA, Exeter;

(3) Fort Hill WMA, Stratford;

(4) Glover Farm WMA, Dummer;

(5) Lower Shaker WMA, Enfield;

(6) Pearly Lake WMA, Rindge; and

(7) Pinchard WMA, Mont Vernon.

(g) The executive director reserves the right to cancel any SUP at any time when new or previously unknown information relative to the criteria in paragraph (d) above is discovered.

History

#10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 902.04 Special Use Permits for Walking Disabilities {#sec-fis-902.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 902.04}

SUPs shall be issued for the operation of an OHRV or snowmobile to enable individuals with documented permanent walking disabilities to access department-controlled lands, subject to the following conditions:

(a) An applicant for a SUP shall furnish the director with satisfactory proof of a walking disability, in accordance with RSA 261:88, III;

(b) An applicant shall be free of fish and game convictions for at least 5 preceding years;

(c) Permits shall have a start date and expiration date and shall specify areas that can be accessed by the OHRV or snowmobile;

(d) Permits shall include the type of the vehicle to be used and the vehicle shall be legally registered;

(e) Passengers in or on the OHRV or snowmobile that are not named in the SUP shall be prohibited;

(f) If the permittee is unable to operate an OHRV or snowmobile due to the disability, a single driver shall be designated as operator in the permit;

(g) Only equipment that is the personal property of the permittee or designated driver shall be transported into the location by the OHRV or snowmobile; and

(h) The locations where the OHRV or snowmobile may be used shall be limited pursuant to Fis 902.03(d) to protect animals or plants at the site from damage, or to prevent harm to water quality from erosion or other impacts.

History

#14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 902.05 Dogs and Other Animals {#sec-fis-902.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 902.05}

(a) No person shall cause or permit any animal owned, controlled, or in their custody to be on any department controlled lands, unless such animal is caged, restrained on a physical tether or leash, or controlled by the animal’s owner or handler through an electronic collar.

(b) Dog training, in accordance with RSA 207:12-a, shall be prohibited from April 1 through July 31.

(c) Call back pens shall be used only during daylight hours. All pens shall be labeled with the owner's name and address.

(d) Any animal feces shall be immediately collected by the person who has custody or control of the animal and shall be disposed of properly by that person outside the boundaries of department controlled lands.

(e) The provisions of paragraphs (a) and (d) above shall not apply to any dogs on department controlled lands for the purposes of hunting, tracking, field trials, permitted dog training in accordance with RSA 207:12-a, law enforcement, or search and rescue activities.

History

#10262, eff 1-29-13 (from Fis 902.02); ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36 (formerly Fis 902.04)

N.H. Code Admin. R. Ann. Fis 902.06 Agricultural Leases {#sec-fis-902.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 902.06}

(a) Farming on land owned or controlled by the department shall be prohibited unless:

(1) An agricultural lease agreement is approved in advance by the executive director; and

(2) An agricultural lease agreement is approved by the governor and executive council when required by RSA 212:10-b.

(b) The executive director shall approve an agricultural lease, at their discretion, when:

(1) The property has previously been or is currently used for agriculture or farming, and:

a. If a WMA is currently used for agriculture or farming when acquired by the department, the executive director is authorized to offer the existing farmer the right of first refusal; or

b. When fields are not offered to or are declined by an existing farmer, the executive director is authorized to solicit proposals from the public, pursuant to paragraph (c) below;

(2) Farming activities shall not adversely impact habitat, ecological resources, or native wildlife; and;

(3) Farming activities shall not restrict public access or public use at any time.

(1) The executive director or designee shall define the boundaries of allowed farming within the WMA; and

(2) Proposals shall be submitted in writing and include the following:

a. Name, address, phone number, and email address, if applicable, of farmer;

b. Proposed 10-year crop rotation plan, including:

Crop types and number of years for each crop, including cover crops, if applicable;
Intended seed brands and varieties to be used, which shall adhere to the department’s IPM policy;
Intended soil amendments and pesticides to be used, if any, and how often they would be applied; and
Intended planting equipment and timing of planting and harvesting. Forage harvests shall adhere to mowing restriction dates as defined in the lease;

c. A list of past contracts or agreements with the department, other state or federal agencies, or private entities, if any, including name and phone number of primary contacts; and

d. The compensation proposed.

(d) The executive director shall evaluate proposals to ensure:

(1) Management techniques fulfill the department’s goals and objectives for habitat and species

management and do not pose significant threats to abutting waterbodies, species of concern, or critical habitats;

(2) Proposed crop type(s) are either a hay crop or a grain crop only;

(3) Previous contracts or agreements, if any, were successfully completed; and

(4) The compensation offered is appropriately relevant to the proposed use and the proposed WMA.

(e) Agricultural leases shall not exceed 10 years.

(f) Leases shall be renewed solely at the executive director’s discretion considering the requirements in this section and the farmer’s compliance with the terms of the agricultural lease.

(g) The executive director shall be authorized to discontinue or reduce farming acreage on a WMA, after notice to the farmer, for projects to support the department’s mission, to include:

(1) River, stream, or wetland buffers;

(2) Habitat restoration;

(3) Protection of threatened and endangered species or species of special concern; or

(4) Public access projects.

(h) Agricultural leases shall not be transferred or subleased.

(i) Except when expressly permitted by the executive director, any other activities shall be prohibited under an agricultural lease.

History

#14495, eff 1-27-26, EXPIRES: 1-27-36

Part Fis 903 RULES APPLICABLE TO PARTICULAR WILDLIFE MANAGEMENT AREAS (WMAs)

N.H. Code Admin. R. Ann. Fis 903.01 Adams Point WMA {#sec-fis-903.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.01}

Adams Point WMA in Durham shall be subject to the following provisions:

(a) No parking shall be permitted on the entrance road;

(b) The speed limit within the area shall be 20 mph; and

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; amd by #4334, eff 10-1-88; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97
#6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 903.02 Webster WMA {#sec-fis-903.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.02}

Webster WMA in Canaan shall be subject to the following deed restrictions:

(a) Hunting shall only be permitted with bow and arrow, muzzle loader, or shotgun; and

(b) Shooting within 300 yards of U.S. Highway Route 4 shall not be permitted.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97
#6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 903.03 Chadwick Meadows Marsh WMA {#sec-fis-903.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.03}

Chadwick Meadows Marsh WMA in Sutton shall be subject to the following deed restrictions:

(a) Deer may be taken by bow and arrow only, in accordance with the provisions of Fis 301.03;

and

(b) All other hunting shall be limited to the use of a shotgun with shot not larger than number 4 or bow and arrow.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97
#6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 903.04 Ellis Hatch, Jr. WMA {#sec-fis-903.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.04}

Ellis Hatch, Jr. WMA in Middleton, Brookfield, and New Durham shall be subject to the following provisions:

(a) All outboard motors shall be prohibited on Jones Pond; and

(b) No boats shall be left overnight.

History

#2185, eff 11-28-82; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97
#6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 903.05 Wilcox Point WMA {#sec-fis-903.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.05}

Wilcox Point WMA in Durham shall be closed to the public from December 1 through April 1.

History

#8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 903.06 Piscassic {#sec-fis-903.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.06}

River WMA. The Piscassic River WMA in Exeter and Newfields shall be subject to the following deed restrictions:

(a) Horseback riding shall be prohibited; and

(b) Bicycle riding shall be prohibited.

History

#8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 903.07 Brackett Brook WMA {#sec-fis-903.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.07}

No boats shall be left overnight on Brackett Brook WMA in Greenland.

History

#14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 903.08 Crommett Creek WMA {#sec-fis-903.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.08}

No boats shall be left overnight on Crommett Creek WMA in Durham and Newmarket.

History

#14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 903.09 Connecticut Lakes Natural Area {#sec-fis-903.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 903.09}

The following public uses of the Connecticut Lakes Natural Area(CLNA), in Pittsburg and Clarksville, shall be subject to the following deed restrictions:

(a) Residential, industrial, or commercial activities, except for guiding associated with hunting, trapping, fishing, nature tours, and associated activities;

(b) Placing or constructing structures, buildings, or improvements, except as authorized pursuant to RSA 212:10-a;

(d) Planting or the intentional introduction of non-native, genetically modified, transgenic, or replicated plants or other organisms;

(e) Stocking or introducing fish of any species into the waters of the CLNA, except for the stocking of brook trout (Salvelinus fontinalis) by the department in East Inlet, Scott’s Bog, Wright Pond, and the Perry Ponds;

(f) Use of fertilizers, pesticides, or biocides;

(g) Dumping or storage of ash, trash, man-made materials, hazardous substances, or toxic waste;

(h) Dredging, filling, roadwork, or changes in topography;

(i) The use of any type of mechanized or motor driven vehicle, except that snowmobiles may be used on designated roads and trails, and wheeled vehicles, other than all OHRVS, may be used on the roads designated as open to wheeled vehicles;

(j) Camping; and

(k) Hunting of wildlife by baiting.

History

#8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36 (formerly Fis 903.07)

Part Fis 904 Owl Brook Hunter Education Center

N.H. Code Admin. R. Ann. Fis 904.01 Owl Brook Hunter Education Center {#sec-fis-904.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 904.01}

(a) There shall be no hunting in the portion of Owl Brook Hunter Education Center’s training area, as depicted on the map found on the department’s website at

https://experience.arcgis.com/experience/a7234b596c6b400a96252c8fb7e8f4b0, and includes:

(1) The administration and classroom building;

(2) The practice archery range, small-bore muzzleloader range, and shotgun range;

(3) The trapper and hunter education demonstration areas;

(4) The trapper and hunter education interpretive trails;

(5) The orienteering course; and

(6) The 14-target woodland archery course.

(b) The remainder of the Owl Brook Hunter Education Center property not listed in (a) above, including the 270-acre section near Mount Prospect, shall be open to the taking of fish and wildlife during the open seasons, in accordance with the statutes under Title 18 and Fis 300, Fis 400, Fis 800, Fis 1200, and Fis 1400.

(c) No pets shall be in those areas described in (a) above, except those that are there in conjunction with an activity going on.

(d) Bicycles, horses, unauthorized motor vehicles, OHRVs, and snowmobiles shall be prohibited from using the internal road system and the areas listed in (a) above unless permitted by a special use permit in accordance with Fis 902.03.

(e) Department activities conducted at any of these sites shall have priority over other use of the area.

(f) All activities utilizing the classroom, office building, small-bore range, and shotgun range shall be approved by and scheduled with the center’s facility manager before they may be conducted.

History

#8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 904.02 Firearms Shooting Ranges {#sec-fis-904.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 904.02}

(a) The small bore, muzzleloader, and shotgun ranges shall be for the sole use of sanctioned and supervised shooting activities conducted by the department’s hunter education program or other department activities.

(b) Only factory loaded ammunition shall be used on the small-bore and shotgun range.

(d) Shotgun ammunition shall be restricted to pellets no larger in size than number 6.

(e) Only biodegradable targets shall be used on the shotgun range.

(f) No center-fire rifles shall be used on the small-bore range.

(g) Only firearms chambered for rimfire ammunition, center-fire handguns, muzzleloaders, and shotguns firing a single projectile shall be permitted.

(h) Fully jacketed, armor piercing, steel core, and tracer ammunition shall be prohibited from use on the small-bore range.

(i) Only paper targets or other targets specified by authorized personnel shall be used on the small-bore range.

History

#8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 904.03 Practice Archery Range {#sec-fis-904.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 904.03}

(a) The practice archery range shall be open from ½ hour before sunrise to ½ hour after sunset from May through November.

(b) The vehicle parking area shall be open for use by the public during normal center operating hours, except when reserved for scheduled activities.

History

#8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 904.04 Woodland Archery Course {#sec-fis-904.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 904.04}

(a) The woodland archery course and its parking area shall be open daily from ½ hour before sunrise to ½ hour after sunset.

(b) No person shall use broadhead tipped arrows or bolts on the woodland archery course.

History

#8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

Part Fis 905 Memorial Policy on Lands and Waters Under Department Control

N.H. Code Admin. R. Ann. Fis 905.01 Memorial Policy Definitions {#sec-fis-905.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 905.01}

(a) “Memorial” means any statue, monument, sculpture, bench, tablet, memorial, plaque, or other structure or landscape feature, including a tree, garden, or memorial grove, designed to perpetuate, in a permanent manner, the memory of a person, group, or event. The term “memorial” also includes the naming of structures or other features, including features within the interior of buildings.

(b) “Commemorate” means the process of remembrance, showing respect for someone or something by means of a ceremony, or by doing or building something in remembrance of a person or an event.

History

#12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 905.02 Memorials {#sec-fis-905.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 905.02}

(a) The installation of memorials or other commemorative items on land owned or controlled by the department, including public boat access areas, shall be prohibited unless:

(1) The form, location, and materials used are approved in advance by the executive director; and

(2) The receipt of the commemorative items are approved by the governor and executive council when required by RSA 4:8, I or the fish and game commission when required by RSA 206:33-a.

(b) The donation of memorials or other commemorative items shall be submitted for approval to the fish and game commission pursuant to RSA 206:33-a, I if the value of the item(s) is no more than $2,500.00.

(c) The donation of memorials or other commemorative items shall be submitted for approval to the governor and executive council, pursuant to RSA 4:8, I, if the value of the item(s) exceeds $2,500.00.

(d) A special use permit shall be required for the scattering of human or animal ashes from cremation on land owned or controlled by the department, provided that no bones, teeth, or any other identifiable human remains shall be so deposited.

(e) A special use permit shall be required for any ceremony connected to the installation of a memorial that involves 15 or more persons, or that involves alteration of a department facility or alteration of the landscape of department property.

(f) Memorials installed on department lands without the required authorizations shall be removed by the executive director or designee, and disposed of pursuant to RSA 471-C:14. In the event the value of the memorial exceeds $250.00, the matter shall be referred to the office of the attorney general seeking assistance to obtain appropriate legal relief against the apparent owner of the memorial.

History

#12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

N.H. Code Admin. R. Ann. Fis 905.03 Authorization for Memorials {#sec-fis-905.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 905.03}

(a) No memorial shall be authorized in honor of a person unless at least 2 years have elapsed since the death of the person to be commemorated.

(b) The executive director shall authorize a memorial when:

(1) There is compelling justification for the recognition; and

(2) The proposed memorial is consistent with the department’s mission of conserving, managing, and protecting fish, wildlife, and marine resources and habitats, informing and educating the public about these resources, and providing the public with opportunities to use and appreciate these resources.

(c) A person seeking to install a memorial on property owned or controlled by the department shall submit a request in writing to the executive director, providing the following information:

(1) The name of the person making the request, together with address and contact information;

(2) A description of the proposed memorial, including size, material, and inscription;

(3) A plan showing the memorial’s proposed location; and

(4) Justification for the memorial, including:

a. How the memorial is consistent with the department’s mission;

b. The association between the land area or facility and the person, group, or event to be commemorated; and

c. How the memorial enhances the public’s appreciation of the land, facility, or natural resources.

(d) The executive director shall apply the following factors in making the determination whether to authorize the installation of a memorial:

(1) The association of state-wide importance between the land area or facility and the person, group, or event to be commemorated;

(2) Whether the location and design of the memorial avoids significant disturbance of natural features of the site;

(3) Whether the memorial will be constructed of materials suitable for and consistent with the local environment;

(4) Whether the memorial will interfere with open space and existing public use; and

(5) Whether the memorial design is aesthetically appropriate to the site.

(e) The person requesting the memorial shall be responsible for the cost of procuring and installing the memorial.

History

#12118, eff 2-24-17; ss by #14495, eff 1-27-26, EXPIRES: 1-27-36

Part Fis 906 Glenn Cove and Great Bay Discovery Center Education Centers

N.H. Code Admin. R. Ann. Fis 906.01 Glenn Cove and Great Bay Discovery Center Education Centers {#sec-fis-906.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 906.01}

(a) All activities undertaken on Glenn Cove and Great Bay Discovery Center shall be at the sole risk of the person or persons engaged in the activity, pursuant to RSA 212:34, VIII.

(b) Hunting and trapping shall be prohibited, except waterfowl hunting from the shoreline is permitted.

(c) Dogs shall be prohibited at the Great Bay Discovery Center, except at the boat launch area where dogs shall be leashed at all times.

(d) Smoking and vaping shall be prohibited.

(e) No boats shall be left overnight.

(f) The following activities shall require a SUP, in accordance with Fis 902.03:

(1) Geocaching, letterboxing, and earthcaching;

(2) The raising and use of outdoor canopy tents; and

(3) The day use of food trucks or other food vendors.

(g) The following activities shall be permitted without a special use permit when associated with an organized event or activity by department personnel while acting in the performance of their duties:

(1) Events or meetings of greater than 10 people;

(2) Camping, campfires, and overnight stay by groups;

(3) Possession and consumption of alcoholic beverages;

(4) The day use of food trucks or other food vendors; and

(5) The raising and use of outdoor canopy tents.

(h) The following shall apply to the picnic pavilions:

(1) Any form of commercial or non-profit activity or business conducted at a picnic pavilion shall be prohibited, unless allowed with a SUP issued in accordance with Fis 902.03;

(2) Picnic pavilions shall be accessible for use unless posted as closed or restricted to public access;

(3) Public use shall be first-come, first-served, unless reserved pursuant to subparagraph (5) below;

(4) Events or activities organized by department personnel in performance of their duties shall take precedence over public use;

(5) The reservation of picnic pavilions shall:

a. Be required for groups of greater than 10 people;

b. Be limited to groups not greater than 30 people; and

c. Be reserved at least one week, but not greater than 3 weeks, in advance;

(6) Picnic pavilions shall be carry in-carry out facilities. All persons shall remove trash and personal items and dispose of them outside of the education center grounds;

(7) If any animal, including a service animal, becomes objectionable to other patrons or other animals, or causes or acts in a manner that might cause or contribute to damage or hazard to patrons, property, or department resources, or is considered to be a menace, nuisance, or vicious, in accordance with RSA 466:31, II and as determined by department personnel, the owner of the animal shall immediately remove the animal from the property at the request of department personnel; and

(8) Any person violating any rule contained in this chapter shall leave immediately at the request of department personnel.

(i) The following shall apply to the Glenn Cove Farmhouse and the Hugh Gregg Coastal Conservation Center:

(1) Facilities shall be available for use by coastal science, education, and conservation organizations by request to the department;

(2) Events or activities shall be approved and scheduled by department personnel before they can be conducted;

(3) Events or activities, when organized by department personnel while acting in performance of their duties, shall take precedent over public use; and

(4) Guests of the Glenn Cove Farmhouse shall sign a housing agreement as provided by the department.

APPENDIX

Rule

Specific State Statute the Rule Implements

Fis 901–906

RSA 206:10, I; RSA 212:19

History

#14495, eff 1-27-26, EXPIRES: 1-27-36

Chapter Fis 1000 Conservation of Threatened and Endangered Species

Part Fis 1001 Protected Species

N.H. Code Admin. R. Ann. Fis 1001.01 Endangered {#sec-fis-1001.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1001.01}

(a) Under the authority of RSA 212-A: 6, IV(a), the following species, listed by common and scientific names, shall be considered endangered throughout its entire range within the state:

Table 1000.1 Endangered Species

Common Name

Scientific Name

Dwarf wedgemussel

Alasmidonta heterodon

Brook floater mussel

Alasmidonta varicosa

Cobblestone tiger beetle

Cicindela marginipennis

Puritan tiger beetle

Cicindela puritana

Frosted elfin butterfly

Callophrys irus

Karner blue butterfly

Lycaeides melissa samuelis

White Mountain fritillary

Boloria titania montinus

Persius duskywing skipper

Erynnis persius

Rusty patched bumblebee

Bombus affinis

American brook lamprey

Lethenteron appendix

Shortnose sturgeon

Acipenser brevirostrum

Marbled salamander

Ambystoma opacum

Blanding’s turtle

Emydoidea blandingii

Eastern box turtle

Terrapene carolina

Eastern hognose snake

Heterodon platirhinos

Timber rattlesnake

Crotalus horridus

Northern harrier

Circus cyaneus

Golden eagle

Aquila chrysaetos

Common nighthawk

Chordeiles minor

Piping plover

Charadrius melodus

Upland sandpiper

Bartramia longicauda

Roseate tern

Sterna dougallii

Least tern

Sterna antillarum

Eastern small-footed bat

Myotis leibii

Little brown bat

Myotis lucifugus

Northern long-eared bat

Myotis septentrionalis

Tri-colored bat

Perimyotis subflavus

New England cottontail

Sylvilagus transitionalis

Canada lynx

Lynx canadensis

Eastern wolf

Canis lupus

History

#1567, eff 4-28-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4274, eff 6-29-87 EXPIRED 6-29-93
#5845. eff 6-22-94; ss by #7309, INTERIM, eff 6-21-00, EXPIRES: 10-19-00
#7379, eff 10-21-00; ss by #9278, eff 9-20-08; ss by #12161, eff 4-18-17; ss by #13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1001.02 Threatened {#sec-fis-1001.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1001.02}

(a) Under the authority of RSA 212-A:6, IV(a), the following species, listed by common and scientific names in Table 1000.2 shall be considered threatened throughout its entire range within the state:

Table 1000.2 Threatened Species

Common Name

Scientific Name

Eastern pond mussel

Ligumia nasuta

Pine pinion moth

Lithophane lepida lepida

Ringed boghaunter

Williamsonia lintneri

White Mountain arctic

Oeneis melissa semidea

Hessel's hairstreak

Callophrys hesseli

Bridle shiner

Notropis bifrenatus

Atlantic sturgeon

Acipenser oxyrinchus

Round whitefish

Prosopium cylindraceum

Fowler's toad

Anaxyrus fowleri

Spotted turtle

Clemmys guttata

Black racer

Coluber constrictor

Pied-billed grebe

Podilymbus podiceps

Common loon

Gavia immer

Peregrine falcon

Falco peregrinus

Common tern

Sterna hirundo

Red knot

Calidris canutus

Cliff swallow

Petrochelidon pyrrhonota

Purple martin

Progne subis

Cerulean warbler

Setophaga cerulea

Eastern meadowlark

Sturnella magna

Grasshopper Sparrow

Ammodramus savannarum

History

#1567, eff 4-28-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4274, eff 6-29-87 EXPIRED 6-29-93
#5845 eff 6-22-94; ss by #7309, INTERIM, eff 6-21-00, EXPIRES: 10-19-00
#7379, eff 10-21-00; ss by #9278, eff 9-20-08; ss by #12161, eff 4-18-17; ss by #13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1001.03 Scientific Permit to Take Endangered or Threatened Wildlife {#sec-fis-1001.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1001.03}

(a) For the purpose of this section, "scientific purposes" means the identification, study, inventory, distribution, classification, restoration, and management of endangered wildlife, threatened wildlife, or both.

(b) In accordance with RSA 212-A:7, II, the executive director shall issue a scientific permit to take endangered wildlife species as specified in Fis 1001.01 or threatened wildlife species as specified in Fis l001.02 for scientific purposes based upon a finding that the activity:

(1) Will not diminish the viability of the population of the species;

(2) Utilizes methods which minimize the number of individuals to be taken; and

(3) Will provide the department with information or data useful for the management of the species.

(c) Applicants for a permit to take for scientific purposes endangered wildlife, threatened wildlife, or both shall make a written request to the executive director that includes the following information:

(1) Name, address, telephone number, and email contact information for the applicant;

(2) The organization, agency, or institution with which the applicant is affiliated, if any;

(3) Scope of the proposed activity and reason for proposed scientific study;

(4) The species to be taken and methods of take;

(5) The maximum number of individuals of each species to be taken;

(6) The location(s) from which the taking shall occur; and

(7) The intended disposition of all specimens taken.

(d) A scientific permit to take endangered wildlife, threatened wildlife, or both shall be a letter of authorization from the executive director that includes the following:

(1) The name and address of the permittee;

(2) The species authorized to be taken;

(3) The number of individuals of each species authorized;

(4) The disposition of the specimens;

(5) The time period during which the permit shall be valid;

(6) Methods of taking;

(7) Other requirements as necessary to protect the species; and

(8) The signature of the executive director.

(e) By January 31 of the year following the calendar year for which they hold a permit, permittees shall file a written progress report of the study with the executive director which includes:

(1) The species;

(2) The number of individuals taken;

(3) The date and location where species were taken;

(4) The disposition of the individuals; and

(5) Other results of the study, including a final report of findings upon completion of the research and other data as required by the permit.

History

#4274, eff 6-29-87 EXPIRED 6-29-93
#5845 eff 6-22-94; ss by #7309, INTERIM, eff 6-21-00, EXPIRES: 10-19-00
#7379, eff 10-21-00; ss by #9278, eff 9-20-08; ss by #12161, eff 4-18-17; ss by #13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1001.04 Research Notification {#sec-fis-1001.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1001.04}

(a) Any individual, agency, organization, or institution intending to undertake field research in New Hampshire on any wildlife listed as endangered as specified in Fis 1001.01 or threatened as specified in Fis 1001.02 which does not involve capture or taking of specimens shall specify in writing to the executive director the species, nature, location, and time period of such research, and the names of the principal investigator(s).

(b) The principal investigator(s) shall file with the executive director an annual summary of progress by January 31 of the year following the calendar year for which they hold a permit and a final report of findings upon completion of the research.

History

#4274, eff 6-29-87 EXPIRED 6-29-93
#5845, eff 6-22-94; ss by #7309, INTERIM, eff 6-21-00, EXPIRES: 10-19-00
#7379, eff 10-21-00; ss by #9278, eff 9-20-08; ss by #12161, eff 4-18-17; ss by #13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1001.05 Bats in Structures {#sec-fis-1001.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1001.05}

(a) Except as set forth in this section, no person shall take a bat listed in Fis 1001.01 or Fis 1001.02.

(b) Between the dates of May 15 and August 15, inclusive, in any year, no bat listed in Fis 1001.01 or Fis 1001.02 shall be removed or excluded from any structure occupied by humans or livestock unless:

(1) Action is taken pursuant to (c) below;

(2) Between the dates of May 15 and August 15, inclusive, in any year a licensed wildlife control operator reports in writing to the department that no bat pups were present in the structure at the time removal or exclusion techniques were employed; or

(3) Between the dates of August 1 and August 15, inclusive, in any year a licensed wildlife control operator reports in writing to the department that bat pups were observed flying for 2 weeks or more prior to the time removal or exclusion techniques were employed.

(c) Pursuant to RSA 212-A:7, II and 50 C.F.R. Part 17.40(o), individual bats, including those listed in Fis 1001.01 and Fis 1001.02 above, may be removed or excluded at any time from any man-made structure in order to:

(1) Protect the health and safety of the occupant(s);

(2) Prevent the transmission of disease; or

(3) To comply with the requirements of 21 U.S.C. Section 331, et. seq. and regulations at 21 C.F.R. Part 507.17 and 507.19 designed to prevent the contamination of food or agricultural products meant for human or animal consumption.

(d) Unless acting pursuant to Fis 1001.05 (c), bats shall be controlled exclusively by exclusion techniques.

(e) All persons acting to exclude bats shall do so in accordance with the publication “Acceptable Management Practices for Bat Control Activities in Structures ‐ A Guide for Nuisance Wildlife Control Operators”, dated April 1, 2015, available as noted in Appendix A.

(f) Any action taken by a wildlife control operator licensed pursuant to Fis 308 on a bat shall be reported to the department as required by Fis 308.06, including information as to whether the specimen was transmitted to the department of health and human services for testing, and the result of the test.

History

#12161, eff 4-18-17; ss by #13313, eff 2-3-22

Part Fis 1002 Definitions

N.H. Code Admin. R. Ann. Fis 1002.01 Action area {#sec-fis-1002.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.01}

“Action area” means all areas to be affected directly or indirectly by the proposed action under review, and not merely the immediate area actually disturbed or altered by the proposed action.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.02 Agent {#sec-fis-1002.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.02}

“Agent” means a person who has been duly authorized in writing by an applicant, owner, or permit holder, as applicable, to interact with the department regarding a proposed action, approval, permit, or other authorization under review.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.03 Applicant {#sec-fis-1002.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.03}

“Applicant” means any person or legal entity who seeks a permit, approval, or other written authorization from a state agency as a prerequisite to conducting a proposed action.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.04 Appreciably jeopardize the continued existence of {#sec-fis-1002.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.04}

“Appreciably jeopardize the continued existence of” means to engage in an action that reasonably would be expected, directly or indirectly, to appreciably reduce the likelihood of both the survival and recovery of a threatened or endangered species’ population by reducing the reproduction, numbers, or distribution of that species.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.05 Avoid and minimize harm {#sec-fis-1002.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.05}

“Avoid and minimize harm” means to avoid harm to the maximum extent practicable and then minimize any harm that cannot be avoided.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.06 Conservation measures {#sec-fis-1002.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.06}

“Conservation measures” means actions which serve to avoid, minimize, or mitigate potential adverse impacts to, and to promote the recovery of or enhance the survival of, threatened or endangered species.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.07 Consultation {#sec-fis-1002.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.07}

“Consultation” means the review by department staff of a proposed action in order to evaluate potential adverse impacts of the proposed action to threatened and endangered species, and the need for conservation measures to avoid, minimize, or mitigate such adverse impacts.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.08 Department {#sec-fis-1002.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.08}

“Department” means the New Hampshire fish and game department.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.09 Habitat determined to be critical {#sec-fis-1002.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.09}

“Habitat determined to be critical” means a geographical area of land or waters designated by the executive director of the department that currently provides or historically provided physical or biological features essential to the conservation of an endangered or threatened species.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.10 Harm {#sec-fis-1002.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.10}

“Harm” means any act which kills or injures individuals of a threatened or endangered species, or which acts to significantly adversely modify or degrade the habitat supporting the species by interfering with breeding, hibernation, reproduction, feeding, sheltering, migration, or overwintering behaviors that are a part of the species’ normal or traditional life cycle and that are essential to its survival and perpetuation.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.11 NHB DataCheck tool {#sec-fis-1002.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.11}

“NHB DataCheck tool” means an online data screening tool provided by the department of environmental services and the natural heritage bureau of the department of natural and cultural resources where the public can screen for known locations of rare species and exemplary natural communities.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.12 Owner {#sec-fis-1002.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.12}

“Owner” means the person or legal entity who holds record title to the real property on which the work that is the subject of the action, approval, permit, or other written authorization under review has occurred or is proposed to occur.

N.H. Code Admin. R. Ann. Fis 1002.13 Project parcel {#sec-fis-1002.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.13}

“Project parcel” means the real property of an owner on which the work that is the subject of the proposed action, approval, permit, or other written authorization under review has occurred or is proposed to occur.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1002.14 Proposed action {#sec-fis-1002.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 1002.14}

“Proposed action” means any proposed alteration, disturbance, or modification to land, waters, or structures that requires a state agency permit, approval, or other written authorization.

History

#13313, eff 2-3-22

Part Fis 1003 Standards Applicable to All Projects

N.H. Code Admin. R. Ann. Fis 1003.01 Avoidance of Harm {#sec-fis-1003.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1003.01}

Pursuant to RSA 212-A:9, III, all proposed actions shall be designed to avoid and minimize harm to threatened and endangered species and habitat determined to be critical, including any proposed mitigation of harm or other potential adverse impacts to wildlife.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1003.02 General Requirements {#sec-fis-1003.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1003.02}

(a) All personnel involved in implementation of a proposed action shall comply with all terms, conditions, and stipulations in regulatory permits and other written project authorizations to eliminate or reduce potential adverse impacts to endangered and threatened species.

(b) All permit holders shall be under a continuing duty to report the take of any threatened or endangered species, regardless of the cause, and regardless of whether the take was intentional, to the NH fish and game department immediately at NHFGreview@wildlife.nh.gov, or by phone at 603-271-2461.

(c) Following a report of a take, all permit holders shall be under a continuing duty to preserve any remains of a threatened and endangered species, unless otherwise instructed by staff of the department.

(d) All permit holders shall permit staff of the department to access a permitted site in order to inspect implementation of conservation measures and investigate reports of sightings, a take, or other adverse impact to threatened and endangered species.

(e) Any permit condition(s) or other requirement(s) relative to implementing and maintaining permanent methods of protecting threatened and endangered species shall survive the expiration of the underlying permit and any suspension, revocation, or refusal to renew the underlying permit.

(f) The consideration or grant of a permit by a referring state agency, whether or not in accordance with any recommendations made by the department, shall not limit the department in the exercise of any authority granted to it by law.

History

#13313, eff 2-3-22

Part Fis 1004 Consultation

N.H. Code Admin. R. Ann. Fis 1004.01 Consultation {#sec-fis-1004.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.01}

(a) Pursuant to RSA 212-A: 9, III, an applicant, as herein defined, shall request site specific consultation with the department if required by a state agency as part of a request for issuance of a permit, approval, or other written authorization from that state agency.

(b) The requirements of Fis 1004 shall not apply to proposed actions authorized by a state agency through a statutory permit by notification, permit by rule, permit by notification, routine roadway registration, docking structure registration, or conditional authorization by rule.

(c) Notwithstanding the foregoing, nothing set forth in Fis 1004 shall act to waive any requirements of RSA 212-A:9, III or any rule duly enacted by another state agency.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.02 Calculation of Time {#sec-fis-1004.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.02}

Any deadline or time period established in these rules shall be computed in accordance with RSA 21:35, provided that a deadline or time period established by statute shall be extended only if the statute expressly provides for such an extension.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.03 Information Required for Consultation {#sec-fis-1004.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.03}

(a) In all cases where consultation is required, all information shall be provided to the department in electronic format at NHFGreview@wildlife.nh.gov , or in paper format at:

NH Fish and Game Department

Attn. Wildlife Division, Nongame Program

11 Hazen Drive

Concord, N.H. 03301

(b) In all communications, the NHB DataCheck tool results letter number shall be included in the email subject line and documents.

(1) A copy of the department of natural and cultural resources NHB DataCheck tool results letter, dated within one year of the date of the consultation request, and which includes the DataCheck tool results letter number;

(2) The applicant's full name;

(3) The applicant’s mailing address;

(4) The applicant’s telephone number and email address to be used for the purpose of contact;

(5) If the applicant is a corporation, firm, partnership, association, institution, or public or private agency, the name, mailing address, and email address of the person who will respond to requests for information on behalf of the applicant;

(6) The name, mailing address, and email address of any person acting as an agent of the applicant, or any consultant who will submit information to the department on behalf of the applicant;

(7) Description of the proposed action;

(8) Description of the project parcel by reference to street address and town, and, if available, a geographical information system defined project boundary;

(9) A listing of any state or federal permits which have been applied for, have been granted, or which will be necessary for the proposed action to proceed;

(10) The current condition of the action area prior to any proposed modifications, including a description of known or discernible actions within the preceding 24 months that have altered the site, including but not limited to, timber harvests, significant impact from storms, removal of gravel or stone, or addition or removal of structures;

(11) Any habitat features supporting or that could support threatened and endangered species that have been identified; and

(12) A description of any conservation measures proposed by the applicant to avoid, minimize, or mitigate potential harm to threatened and endangered species and habitat determined to be critical, including but not limited to:

a. Design modifications to proposed actions to protect species from harm.

b. Modifications to proposed actions such as alteration of the timing of proposed actions to protect species from harm;

c. Design crossing structures to maintain and enhance habitat quality and accommodate movement of species;

d. Education and training for construction personnel as to what construction activities have the potential to cause adverse impacts to species;

e. Signage to identify specific locations where construction activities must avoid potential adverse impacts to species;

f. Continued research and monitoring of identified species;

g. Protection or restoration of wildlife corridors;

h. Maintenance, enhancement, or protection of habitat buffer areas; and

i. Habitat protection, management, or restoration.

(d) An applicant seeking consultation to meet permit requirements under Env-Wt 311, Env-Wq 1406.06, or Env-Wq 1503.05, shall provide the following additional information to the department to initiate consultation:

(1) A topographic map identifying the action area at a scale of 1:24,000 or closer, and which shows property lines and the limits of proposed disturbance;

(2) An aerial photograph identifying the current condition of the action area at a scale of 1:24,000 or closer and which shows property lines and the limits of proposed disturbance;

(3) Site photographs with dates and a photograph location plan, showing existing conditions, habitat features, and possible locations of identified threatened and endangered species, if known;

(4) Project site plan sheets showing the area of proposed disturbance and location of any proposed new or modified structures;

(5) Any reports created to assess the site, including but not limited to wetland assessments, vernal pool surveys, or other site visit observations; and

(6) Any other available information, from whatever source, that describe the potential impacts of the proposed action on listed species or habitat.

(e) Consultation sought for an “after the fact” permit shall provide the following additional information to the department to initiate consultation:

(1) If pursuant to Env-Wt 311.12:

a. A restoration plan for all impacted jurisdictional areas to be restored, prepared by a licensed professional, with a wetland delineation stamped by a certified wetland scientist;

b. A monitoring plan designed to ensure that the restoration is successful; and

c. An explanation as to why work was performed prior to having a permit; or

(2) If pursuant to Env-Wq 1503.31:

a. A current conditions plan that clearly identifies all disturbances and construction performed without a permit;

b. A description of all prior disturbances on the property; and

c. An explanation of why work was performed prior to having a permit.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.04 Signatures and Certifications Required {#sec-fis-1004.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.04}

(a) Each document, or group of documents intended as a single submission, that is submitted to the department, including but not limited to applications, requests, and reports, shall:

(1) If submitted in paper format, be signed and dated by the applicant, owner or the agent of either, and show the typed or printed name and title, if applicable, of the individual who signed; or

(2) If submitted in electronic format, be electronically signed and dated by the applicant, owner or the agent of either, and show the name and title, if applicable, of the individual who signed.

(b) Each physical or electronic signature required by (a), above, shall constitute certification by the signer that:

(1) The information contained in or otherwise submitted with the document is true, complete, and not misleading to the best of the signer’s knowledge and belief; and

(2) The signer understands that the submission of false, incomplete, or misleading information shall constitute grounds, pursuant to Fis 1004.13, for the department to:

a. Suspend consultation pending submission of true, complete, and not misleading information;

b. Terminate consultation;

c. Withdraw any recommendations made to the referring state agency under this part; or

d. Report the suspension, termination, or withdrawal of recommendations, and the full circumstances of the submission, to the referring state agency for action in the pending or completed request for a permit or other action.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.05 Processing of Requests for Consultation {#sec-fis-1004.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.05}

(a) The department shall perform an initial review of the material submitted in support of a request for consultation for completeness within 30 days of its receipt.

(b) A complete request for consultation shall consist of the following:

(1) The plans and other information specified in Fis 1004.03, as applicable;

(2) If the applicant has authorized another to act as the applicant’s agent, a copy of the written authorization; and

(3) If the applicant is not the owner and the owner has authorized another to act as the owner’s agent, a copy of the written authorization.

(c) If the application does not contain everything necessary to commence consultation, the department shall use the contact information submitted pursuant to Fis 1004.03(c) to notify the applicant, or its authorized agent of what required components are missing.

(d) Notice to an applicant or an authorized agent via telephone, electronic mail, or an unreturned letter sent to the address on the checklist shall suffice as notice that a submission is incomplete.

(e) Upon notifying an applicant that the application is incomplete, the department shall suspend further processing of the application pending receipt of the information missing from the application.

(f) No portion of the time between the date a notice is provided pursuant to (d) above and the date the applicant submits the missing components shall be included in computing the time limits specified in RSA 541-A:29 for processing the application.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.06 Requests for Additional Information {#sec-fis-1004.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.06}

(a) If additional information is required for the department to perform its review, the department shall notify the applicant in writing of the additional information needed, which might include, but is not limited to:

(1) Full size paper format copies of reports, documents, or plan sets, as needed to fully understand the documents at a full size scale;

(2) The potential need for assessment of habitat features supporting threatened and endangered species that have been identified, or the conservation measures proposed by the applicant, by an individual who demonstrates adequate training and experience with the species identified to offer a professional opinion on these issues to the department; or

(3) The potential need for specialized targeted surveys of threatened and endangered species within the project parcel or other portion of the action area to which the applicant or the public has a right of access, by an individual who demonstrates specialized experience with survey methodology around the species identified.

(b) The notice provided pursuant to (a) above shall include the deadline for submitting the required additional information, established based on the type and volume of the required additional information.

(c) The department shall provide the notice specified in (a) above within 30 days of the receipt of a request for consultation, excluding any time between a notice provided pursuant to Fis 1004.05(d) and the date the applicant submits the missing components.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.07 Response to Notice of Missing Information or Request for Additional Information {#sec-fis-1004.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.07}

In response to any notice of missing information, or to any request for additional information under this part, the applicant shall:

(a) Specifically identify how each request or comment has been addressed;

(b) If revised plans and specifications are being submitted, call attention to the changes on the revised plans and specifications and add a revision date to each page that has been changed;

(d) Send a copy of the response, with a cover letter stating the reason(s) for providing the additional information, to the referring state agency for inclusion in the record of the permit proceeding.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.08 Revisions and Updates to Requests for Consultation {#sec-fis-1004.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.08}

(a) Prior to the provision of recommendations to the referring state agency, the applicant may substitute a revised plan for the plan submitted with the referral, provided that the applicant consents to a reasonable extension of time to permit the department to review any significant alterations to the scope or nature of the project.

(b) Once the process of consultation is initiated, the applicant shall be under a continuing duty to provide the department with updates to any report or other information from any source pertaining to:

(1) Observed occurrences of threatened and endangered species on the site;

(2) Observed impacts to habitat or travel corridors that potentially impact the identified species;

(3) All comments received from the local conservation commission, local planning board, local river management advisory committee, or other agency reviewing the proposal if the comment pertains to impacts upon threatened and endangered species; and

(4) Project design changes which might result in potential impacts to threatened and endangered species, whether suggested to avoid harm to the species, or which could serve to increase the potential of adverse impacts to species.

(c) If additional information is provided directly to the department during the process of consultation, the applicant shall also provide a copy to the state permitting agency, if applicable, for inclusion into the record of the pending permit application.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.09 Failure to Provide Information {#sec-fis-1004.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.09}

The department shall not deliver recommendations to the applicant or the referring state agency if:

(a) The applicant fails to provide the complete set of information as requested in the notice sent pursuant to Fis 1004.05; or

(b) The applicant fails to file a complete response to a request for additional information as specified in the request sent pursuant to Fis 1004.06, unless the partial response:

(1) Explains why the missing information is unavailable or cannot be provided within the specified time; and

(2) Agrees in writing to extend the time to complete the department’s review thereof, and the decision of the referring agency on the underlying permit application, until a reasonable time after the requested information is in fact provided to the department.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.10 Requests to Extend Deadlines {#sec-fis-1004.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.10}

(a) An applicant may request an extension of any deadline to provide information to the department.

(b) Each request for a deadline extension shall be filed in writing, signed as required by Fis 1004.04, and contain the following information:

(1) The name, mailing address, and daytime telephone number of the requestor and, if available, the requestor’s e-mail address;

(2) A brief description of the application to which the request relates, such as project name and town;

(3) The NHB DataCheck tool results letter number;

(4) The date of the notice of incompleteness or request for additional information in which the deadline for which an extension is being sought was established;

(5) The deadline that was established;

(6) A full explanation of why an extension is needed;

(7) If the extension is not needed for all of the missing components or additional information, the specific item(s) to which the request applies; and

(8) The alternative deadline proposed by the requestor.

(c) If the deadline extension does not apply to all of the missing components or additional information, the applicant shall submit the item(s) to which the request does not apply by the deadline originally established.

(d) The department shall extend a deadline for completing an application or submitting additional information if a complete request for deadline extension was submitted prior to the established deadline, and:

(1) In order to submit the missing component(s) or additional information, the applicant requires information from a third party not under the applicant’s control, and the applicant has not received the information despite making diligent efforts to obtain it; or

(2) The applicant has otherwise been prevented by circumstances beyond the applicant’s control from obtaining or preparing the missing component(s) or additional information.

(e) A deadline shall not be extended for more than one year past the original date established in the notice of incompleteness or request for additional information.

(f) The department shall deny a request for a deadline extension if:

(1) The request for extension is not submitted prior to the deadline;

(2) The applicant is unwilling to submit the information that has been requested; or

(3) The alternative deadline requested is a date that is more than one year past the original date established by the department for submission of the information.

(g) The department shall notify the person requesting the deadline extension of its decision in writing, setting forth:

(1) If the request is denied, the department shall identify the specific reason(s) for the denial; or

(2) If the request is granted, the department shall establish the new deadline in the notice.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.11 Department Consultation Response {#sec-fis-1004.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.11}

(a) The department shall provide recommendations in writing to the applicant evaluating the adequacy of all conservation measures proposed by the applicant within the 60 calendar days following receipt of a request for consultation, provided that no portion of the following time periods are included in computing the 60-day review period:

(1) The time between the date a notice is provided pursuant to Fis 1004.05(d) above and the date the applicant submits the identified missing components; and

(2) The time between the date a request for more information is provided pursuant to Fis 1004.06(a) above and the date the applicant submits a complete response to the request for more information.

(b) To the extent that the proposed actions, inclusive of proposed conservation measures, appreciably jeopardize the continued existence of threatened or endangered species, the department shall so indicate in writing to the applicant and the referring state agency, giving specific reasons for such findings.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.12 Further Consultation {#sec-fis-1004.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.12}

(a) The applicant may request further consultation with the department in writing within 10 business days following receipt of the written recommendations provided in Fis 1004.11(a).

(b) The state agency engaged in permitting the proposed action may request further consultation with the department in writing within 10 business days following receipt of the written recommendations provided in Fis 1004.11(a).

(c) A request for further consultation by either the applicant or the referring state agency shall be deemed a request for a 30-day extension of the 60-day deadline provided in Fis 1004.11(a).

(d) At any time during the extension period, or any further extension thereof requested by the applicant, the department shall modify its comments and recommendations as necessary, in whole or in part, following receipt of new or additional information from either the applicant or the state agency engaged in permitting the proposed action.

(e) At any time during the extension period, or any further extension thereof requested by the applicant, the department shall advise the referring state agency that no modifications to comments or recommendations shall be offered if it determines that the requested changes do not avoid and minimize harm to the identified species or habitat under review.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1004.13 Suspension or Termination of Consultation and Withdrawal of Recommendations {#sec-fis-1004.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 1004.13}

(a) Upon a determination that information material to consultation was false, incomplete, or misleading, the department shall suspend or terminate consultation as set out in (b) and (c) below, or withdraw department recommendations as set out in (g) below.

(b) The department shall suspend consultation if the department determines that:

(1) The deficiencies can be corrected by the submission of true, complete, and not misleading information; and

(2) The deficient information was submitted inadvertently or negligently.

(c) The department shall terminate consultation and take no further action on the request for consultation if the department determines that the applicant submitted deficient information with an intent to mislead or to avoid conservation measures recommended by the department.

(d) A notice of suspension pursuant to (b) above shall specify:

(1) The deficient information;

(2) The reason(s) for the department’s decision; and

(3) A reasonable time in which the applicant may correct the deficiencies.

(e) Upon receipt of the submission of true, complete, and not misleading information pursuant to the notice provided under (d) above, the suspension shall be lifted, provided that the applicant consents to a reasonable extension of time to permit the department to review the newly submitted information.

(f) A notice of termination pursuant to (c) above shall specify the reason(s) for the department’s decision.

(g) The department shall withdraw recommendations if it determines after making final recommendations pursuant to Fis 1004.11 that the applicant submitted false, incomplete, or misleading information material to the department’s recommendations.

(h) A notice of withdrawal of recommendations pursuant to (g) above shall specify:

(1) The deficient information;

(2) The reason(s) for the department’s decision; and

(3) A reasonable time in which the applicant can submit true, complete, and not misleading information with a new request for consultation.

(i) Whenever the department issues a notice of suspension, notice of termination, or notice of withdrawal, the department shall provide a copy of the notice and any supporting documentation to the referring state agency for consideration in the pending or completed request for a permit or other action.

History

#13313, eff 2-3-22

Part Fis 1005 Administrative Review of Recommendations

N.H. Code Admin. R. Ann. Fis 1005.01 Request to Commence an Adjudicative Proceeding {#sec-fis-1005.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1005.01}

(a) Any person who is aggrieved by a recommendation of the department under these rules may request the commencement of an adjudicative proceeding within 30 days of receipt of written notice of the recommendation, or any modification thereof, by letter addressed to the executive director at:

NH Fish and Game Department

Attn: Executive Director

11 Hazen Drive

Concord, NH 03301

(b) The request for an adjudicative proceeding shall contain the following information:

(1) The name of the claimant who is aggrieved by the decision;

(2) A statement of the claimant’s status as an aggrieved party;

(3) A concise description of the reason or reasons why the decision is believed to be in error;

(4) A current residential address; and

(5) A current telephone number and email address, if available.

(c) Persons who fail to file a letter requesting the commencement of an adjudicative proceeding within the 30-day time period shall be deemed to have waived their right to a hearing unless upon petition the executive director finds that the period to file should be extended as a result of:

(1) A showing that the person did not in fact receive the notice of the recommendation and notice of right to request the commencement of an adjudicative proceeding sent pursuant to Fis 1004.12; or

(2) A showing of excusable neglect, resulting from extended travel, a health problem, or other condition that resulted in the person not receiving actual notice of the decision prior to the expiration of the appeal period.

History

#13313, eff 2-3-22

N.H. Code Admin. R. Ann. Fis 1005.02 Adjudicative Proceeding {#sec-fis-1005.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1005.02}

(a) Any adjudicative proceeding under this section shall be conducted, pursuant to Fis 200, by the executive director or by a presiding officer appointed to conduct the hearing.

(1) A mistake of fact on a significant finding that serves as the basis of a recommendation;

(2) A mistake in applying a federal, state, or local statute, rule, or regulation that serves as the basis of a recommendation; or

(3) Identification of one or more conservation measures that could serve to provide an adequate level of protection for threatened and endangered species in the action area that differ from those recommended by department review staff.

History

#13313, eff 2-3-22

Part Fis 1006 Threatened and Endangered Species Compensatory Mitigation Fund

N.H. Code Admin. R. Ann. Fis 1006.01 Purpose {#sec-fis-1006.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1006.01}

The purpose of this part is to establish the criteria for the disbursement of funds that facilitate a net conservation benefit to threatened and endangered species from the threatened and endangered species compensatory mitigation fund, as established and required by RSA 212-A:16.

History

#13451, eff 9-28-22

N.H. Code Admin. R. Ann. Fis 1006.02 Conservation of Endangered and Threatened Species {#sec-fis-1006.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1006.02}

. Use of Threatened and Endangered Species Compensatory Mitigation Fund. Disbursements from the threatened and endangered species compensatory mitigation fund shall be considered for the following eligible costs consistent with RSA 212-A:16:

(a) Acquisition of land or conservation interests and associated costs, including property surveys, appraisals, transaction costs, title work, subdivision fees, and natural resource inventories;

(b) Development of stewardship plans;

(d) Development of species recovery plans;

(e) Construction and other costs associated with the restoration, enhancement, or creation of habitat for threatened or endangered species;

(f) Purchase of supplies or equipment needed to conduct monitoring, management, or research activities for threatened or endangered species;

(g) Development of habitat management plans and costs associated with management activities;

(h) Research and monitoring of identified species or associated habitat;

(i) Species augmentation or captive breeding;

(j) Education, signage, or other efforts to reduce threats to threatened or endangered species;

(k) Contracting with approved vendors for implementation of eligible activities;

(l) Costs associated with department staff to implement proposed activities; and

(m) Other costs that benefit threatened or endangered species by reducing threats.

History

#13451, eff 9-28-22

N.H. Code Admin. R. Ann. Fis 1006.03 Conservation of Endangered and Threatened Species {#sec-fis-1006.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1006.03}

. Criteria for Disbursement of Funds.

(a) All disbursements from the threatened and endangered species compensatory mitigation fund shall be approved by the executive director following consultation with the commissioner of the department of environmental services.

(b) When applicable, disbursements from the threatened and endangered species compensatory mitigation fund shall be made to projects that will benefit the conservation of the same threatened and endangered species for which a designated payment into the fund was received, including habitat of the species.

(c) The executive director shall prioritize disbursements to projects with the greatest net conservation benefit to threatened and endangered species.

(d) The executive director shall consider ancillary conservation benefits to non-threatened and non-endangered species when prioritizing disbursements.

(e) The nongame and endangered wildlife program supervisor shall review all project requests and shall submit recommendations to the executive director for fund disbursement.

(f) Disbursements shall be made at the executive director’s discretion at any time of year and in any amount of available funds.

History

#13451, eff 9-28-22

N.H. Code Admin. R. Ann. Fis 1006.04 Conservation of Endangered and Threatened Species {#sec-fis-1006.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1006.04}

. Requests for Fund Disbursement. Requests for disbursement of funds from the threatened and endangered species compensatory mitigation fund shall include the following information:

(a) A description of the proposed activity;

(b) Identification of the threatened or endangered species and associated habitat that will benefit from the proposed activity;

(d) The duration of the proposed activity;

(e) The overall cost of the proposed activity;

(f) An itemized list of the requested funds from the threatened and endangered species compensatory mitigation fund to complete the project;

(g) A brief explanation of how the proposed activity will facilitate a conservation benefit for the targeted threatened or endangered species; and

(h) Identification of whether the proposed activity will require local, state, or federal authorizations or permits and whether application for such authorizations or permits has been made or acquired.

APPENDIX A: INCORPORATION BY REFERENCE INFORMATION

Rule

Title

Obtain at:

Fis 1001.05(d)

White-nose Syndrome Conservation and Recovery Working Group. April 1, 2015. Acceptable Management Practices for Bat Control Activities in Structures- A Guide for Nuisance Wildlife Control Operators. U.S. Fish and Wildlife Service, Hadley, MA.

U.S. Fish and Wildlife Service, Hadley, MA, no cost; or

www.whitenosesyndrome.org/node/1147

Fis 1001.05(e)

U.S. Fish and Wildlife Service, Hadley, MA, no cost; or

www.whitenosesyndrome.org/node/1147

APPENDIX B: STATUTES IMPLEMENTED

Rule

Specific State or Federal Statutes which the Rule Implements

Fis 1001.01 and 1001.02

RSA 212-A:6

Fis 1001.03 and 1001.04

RSA 212-A:7, II

Fis 1001.05

RSA 212-A:7, II; 50 C.F.R. Part 17.40(o)

Fis 1002.01 through Fis 1002.14

RSA 212-A:4

Fis 1003.01 and Fis 1003.02

RSA 212-A:9, III

Fis 1004.01 through Fis 1004.13

RSA 212-A:9, III; RSA 541-A:29

Fis 1005.01 through Fis 1005.02

RSA 541-A:31

Fis 1006.01

RSA 206:10, I; RSA 212-A:9; RSA 212-A:16

Fis 1006.02

RSA 206:10, I; RSA 206:33-g

Fis 1006.03

RSA 206:10, I; RSA 212-A:9; and RSA 212-A:16

Fis 1006.04

RSA 206:10, I; RSA 212-A:9

History

#13451, eff 9-28-22

Chapter Fis 1200 Education and Other Special Events

Part Fis 1201 Hunter Education Program

N.H. Code Admin. R. Ann. Fis 1201.01 Course Required {#sec-fis-1201.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1201.01}

(a) For purposes of this part, “hunter education course” means a course that meets both the requirements of the basic hunter education program as provided for in RSA 214:23-a, I and the specialized bowhunter education program as provided for in RSA 214:23-a, II.

(b) All hunting or archery license applicants required to obtain a certificate of completion, under RSA 214:23-a, shall first successfully complete a hunter education course, in the classroom or online with a field day.

History

#1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #5079, eff 2-22-91; ss by #6433, eff 1-22-97; ss by #7528, eff 7-11-01; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1219.01); ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13; ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1201.02 Student Qualifications {#sec-fis-1201.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1201.02}

(a) A student shall be at least 12 years of age, on or before course completion, in order to receive the certificate awarded for successful completion of an in-person hunter education course.

(b) Those students 12 years of age and older shall have priority to attend a hunter education course, if class size restrictions exist.

(c) Instructors shall allow students of any age to attend a hunter education course, if the classroom size and facilities permit.

(d) Students not 12 years of age on or before the completion of the course shall not take the written exam.

(e) Students shall be at least 12 years of age, on or before course completion, to receive the certificate awarded for successful completion of the online hunter education course and required field day.

History

#1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #5079, eff 2-22-91; ss by #6433, eff 1-22-97; amd by #7106, eff 9-25-99; ss by #7528, eff 7-11-01; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1219.02); ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13; ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1201.03 Student Registration {#sec-fis-1201.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1201.03}

(a) Students shall register for a hunter education course or an online hunter education course and field day at the department website: https://www.wildlife.nh.gov/hunting-nh/hunter-education.

(b) To register for any hunter education course, each student, parent, or guardian shall establish an online account and provide the student’s full name, date of birth, gender, mailing address, legal address, if different, telephone number, and email address.

(c) After completing the online portion of the hunter education course and passing a pre-field day qualifying exam, online students shall receive an electronic field day voucher via email that includes a link to sign up for a field day. The field day voucher shall be given or shown electronically via phone to the chief instructor when attending the field day.

(d) Students who have no access to the internet may contact the chief instructor or the hunter education program office to find classes or to register.

(e) A parental approval form shall be downloaded, printed, signed by a parent or guardian if the student is under the age of 18, and brought to the in-person hunter education course or field day, for those students taking the online hunter education course.

(f) The “Hunter Education Parental Approval” form, Rev. 07/2023, shall be signed and dated.

History

#1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #5079, eff 2-22-91; ss by #6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1219.03), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13; ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1201.04 Course Requirements {#sec-fis-1201.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1201.04}

(a) The in-person hunter education course shall include a minimum of 12 hours and maximum of 18 hours of instruction, including the written and field examinations.

(b) The online hunter education course field day shall include no less than 4 hours and a maximum of 8 hours, including the written and field examinations.

(1) Each student shall be given, or provided online access to, the hunter education student manual and the most recent fish and game hunting digest;

(2) The course shall consist of the following required subject areas:

a. Introduction to hunter education;

b. Hunter ethics and responsibility;

c. Safe firearms handling and familiarization;

d. Safe handling and familiarization of archery equipment;

e. Bowhunting topics, to include judging distances and game recovery techniques;

f. Introduction to other specialty hunting, including muzzleloading and crossbow;

g. Wildlife management principles, including the North American model;

h. Game identification and care;

i. Outdoor safety, including basic first aid, survival, and map and compass;

j. New Hampshire game laws and rules;

k. Tree stand safety; and

l. A description of the Wildlife Restoration Act;

(3) A live-firing experience using .22 caliber rimfire rifles shall be included, in addition to the required hours of instruction, except as provided in Fis 1201.05(h). BB guns or pellet rifles shall not be used except for live-fire exercises that have used such weapons prior to January 1, 2024;

(4) Only department trained and approved hunter education instructors shall teach or participate in hunter education courses, except guest instructors, who are specialists, may teach topics of concern such as injury prevention or hypothermia, provided they hold a license or certificate in the area they are teaching, such as a physician, nurse, E.M.T., or law enforcement officer; and

(5) At least 2 approved hunter education instructors, one of which shall be a chief instructor or assistant chief instructor, shall be present for any in-person instruction during the course.

History

#1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #5079, eff 2-22-91; ss by #6433, eff 1-22-97; ss by #7528, eff 7-11-01; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1219.04); ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13; ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1201.05 Successful Completion of the Hunter Education Course {#sec-fis-1201.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1201.05}

(a) For successful completion of the hunter education courses, students shall meet the criteria specified in this section.

(b) Student attendance shall be required as follows:

(1) Students shall attend the entire in-person hunter education course before being awarded a certificate of completion; or

(2) Online hunter education students shall complete the online course and attend in person the entire field day before being awarded a certificate of completion.

(d) The written exams shall include questions on subjects covered in the basic course curriculum described in Fis 1201.04(c)(2).

(e) Students in either the in-person or online hunter education course shall pass a practical field examination as part of the hunter education course by successfully demonstrating:

(1) The ability to identify firearms and types of ammunition;

(2) The proper and safe handling of firearms;

(3) The variety of proper carrying positions used while hunting;

(4) Basic map and compass skills;

(5) The ability to determine between safe and unsafe shooting scenarios; and

(6) Distance judging.

(f) No firearms shall be loaded with live ammunition during the field examination.

(g) Students shall participate in a live-firing exercise with .22 caliber rimfire rifles in the in-person hunter education course or the field day portion of the online hunter education course. BB guns or pellet rifles shall not be used except for live-fire exercises that have used such weapons prior to January 1, 2024.

(h) Students in the in-person hunter education class or the online course field day who possess a learning or reading disability shall be given the written exam orally.

(i) If a student fails either the final written exam or the field examination, the instructor shall not issue a certificate of completion. The student shall retake the entire course.

(j) Disruptive students shall be cautioned with another adult or instructor present. Any student warned a third time, or who deliberately acts in an unsafe manner, shall not be certified and shall enroll in another course.

History

#1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #2953, eff 1-9-85; ss by #5079, eff 2-22-91; ss by #6433, eff 1-22-97; ss by #7528, eff 7-11-01; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1219.05); ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13; ss by #10479, eff 1-1-14; ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1201.06 Awarding the Certificate {#sec-fis-1201.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1201.06}

(a) Students successfully completing the course of instruction as required in Fis 1201.05 shall be issued a certificate of completion showing the student's name and date of certification and signed by the chief instructor.

(b) The certificate of completion shall also be signed by the student to demonstrate an agreement to:

(1) Handle firearms or archery equipment so that it is always pointed in a safe direction;

(2) Positively identify a target before shooting;

(3) Never release the safety device, cock the firearm, or draw the bow until ready to shoot; and

(4) Obey all hunting laws, rules, and regulations.

History

#1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #5079, eff 2-22-91; ss by #6433, eff 1-22-97; ss by #7528, eff 7-11-01; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1219.06); ss by #10220, eff 1-1-13; ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1201.07 Fees {#sec-fis-1201.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 1201.07}

Instructors teaching in-person hunter education courses or field days shall be permitted to charge a maximum fee of $5.00 per student to cover incidental expenses related to the course, such as space rental, utilities, mailing, or copying, but such fee shall not be used towards education instruction or material provided by the department and shall not exceed the costs incurred by the instructor.

History

#5079, eff 2-22-91; ss by #6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1219.07), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13; ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

Part Fis 1202 Hunter Education Volunteer Instructors

N.H. Code Admin. R. Ann. Fis 1202.01 Hunter Education Volunteer Instructors {#sec-fis-1202.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.01}

(a) The executive director or designee shall train and approve persons to instruct hunter education courses.

(b) Applicants for hunter education volunteer positions shall provide the information necessary for a national criminal background check and complete and submit an “Application for Volunteer Instructor Hunter Education Program”, Rev 10/22 and a department of safety criminal record release authorization form.

(c) All applicants shall satisfy the following requirements before being approved as a volunteer instructor for the hunter education program:

(1) Applicants shall be at least 18 years old;

(2) Applicants shall hold a certificate of completion, specified in Fis 1201.06, or meet the provisions of RSA 214:23-a;

(3) Applicants shall be screened through a national criminal records check and a national sex offender registry check and shall not be approved as a hunter education volunteer instructor if the applicant:

a. Has any convictions or fish and game violations within the previous 5 years;

b. Has any felony conviction; or

c. Exhibits behavior during the training and approval process that the hunter education program coordinator determines would negatively impact the integrity of the hunter education program, including behaviors that would violate the department’s code of conduct or outbursts anger;

(4) Applicants shall attend a minimum 5-hour new instructor training session given by the department;

(5) Applicants shall pass the written instructor's examination established by the department with a minimum score of 90 percent;

(6) Applicants shall read and sign the department’s education program policies and volunteer code of conduct form and the waiver of liability form;

(7) The “Waiver of Liability” form, Rev 07/2023:

a. Releases the department and the state from any and all liability for an injury a volunteer may sustain while participating in volunteer activities with the department;

b. Stipulates that a volunteer is not an employee and, as such, not covered for personal injury nor entitled to workers compensation;

c. Acknowledges the risks, hazards, and dangers associated with volunteer activities, and releases and holds the department harmless, for current and future generations, from all claims, demands, and actions that may arise as a result of injury, death, or property damage sustained by the volunteer;

d. Grants the volunteer indemnity under RSA 206:27-i. So long as the volunteer is under the supervision of a department employee and is actually performing assigned volunteer duties, they are protected from civil suits under RSA 99-D, provided no such suit arises from a criminal act of the volunteer;

e. Grants the volunteer instructor liability insurance during the time when instruction is being furnished, per RSA 214:23-c;

f. Establishes that the volunteer instructor is under the supervision of the hunter education program coordinator;

g. Stipulates that the volunteer instructor will abide by all policies and procedures and follow the instructions of their designated supervisor(s); and

h. Acknowledges that the volunteer’s status may be terminated at any time, without cause.

(d) If the applicant fails the instructor exam, the applicant shall be notified and given the opportunity to retake the exam at headquarters within 30 days. If the exam is failed again, the applicant shall attend a second training session. Applicants failing the examination a third time shall not be eligible to be approved as a volunteer instructor.

(e) Upon completion of the requirements of Fis 1202.01(c), the executive director or designee shall approve the volunteer instructor to teach hunter education courses and that approval shall be valid for 2 years and shall expire December 31 at the end of the second calendar year unless the volunteer instructor meets the requirements of Fis 1202.02.

History

#6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.01), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13 (formerly Fis 1201.08) ; ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1202.02 Maintaining Hunter Education Volunteer Instructor Status {#sec-fis-1202.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.02}

(a) The hunter education program coordinator shall provide confirmation in writing to the volunteer hunter education instructor, every 2 years, of approval of continued volunteer instructor status if the following minimum requirements have been met:

(1) The volunteer instructor shall teach or participate in at least 2 hunter education courses in the current 2-year approval period; and

(2) The volunteer instructor shall attend a minimum of one instructor in-service training workshop during the current 2-year approval period or provide written documentation to the hunter education program coordinator of successful completion of professional development activities from a credible organization that contributes to the role and capabilities of a volunteer instructor.

(b) Volunteer instructors failing to meet the requirements of paragraph (a) above shall reapply as described in Fis 1202.01.

History

#6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.02), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13 (formerly Fis 1201.09); ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1202.03 Termination of Instructor Status {#sec-fis-1202.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.03}

(a) Upon written notice, hunter education volunteer instructor approval shall be revoked by the hunter education program coordinator for any of the following acts or omissions:

(1) Failure to adhere to program policies and procedures;

(2) Failure to maintain the minimum course requirements and standards;

(3) Conviction of a felony, misdemeanor, or fish and game violation; or

(4) Serious unethical or unsafe behavior as determined by the hunter education program coordinator, such as:

a. Using alcoholic beverages or illegal drugs before or during hunter education courses;

b. Physical or verbal abuse of students;

c. Reckless or careless handling of a firearm during a hunter education course;

d. Wearing a handgun during the course, except for law enforcement officers; or

e. Misrepresenting fish and game department policies and practices when in the role of a department volunteer instructor.

History

#6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.03), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13 (from Fis 1202.09); ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1202.04 Chief Instructors {#sec-fis-1202.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.04}

(a) A chief instructor shall be approved as a hunter education volunteer instructor and shall be responsible for all aspects of scheduling, organizing, facilitating, and coordinating team members in conducting classes, submitting course results, and requesting materials.

(b) Chief instructors shall be appointed by the hunter education coordinator of the fish and game department.

(c) Chief instructors shall be selected based on knowledge of subjects taught in the hunter education program, educational background, teaching experience with the hunter education program, and leadership qualities.

History

#6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.04), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13 (formerly Fis 1202.10); ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1202.05 Master Hunter Instructor Trainers {#sec-fis-1202.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.05}

(a) A master hunter instructor trainer (MHIT) shall be an approved hunter education volunteer instructor and shall be responsible for assisting the hunter education program coordinator of the fish and game department with recruitment, instructor evaluations, instructor training, requesting materials, and other duties as assigned.

(b) The MHIT applicant shall submit a complete and accurate application for the position and shall be appointed by the hunter education coordinator based on knowledge of subjects taught in the hunter education program, educational background, teaching experience with the hunter education program, and leadership qualities.

(c) Each applicant for MHIT shall submit a “Master Hunter Instructor Trainer Application” form, Rev 02-28-2006, which includes the following information:

(1) The applicant's name, address, and date of birth;

(2) The names of any clubs or organizations to which the applicant belongs or with which he or she is affiliated;

(3) The applicant’s experience as a chief instructor for the hunter education program, if applicable;

(4) Any skills, knowledge, education, or experience possessed by the applicant and believed relevant to the position;

(5) A statement of residency in another state and timeframe of such;

(6) A statement of any fish and game violations in any state and relevant explanation(s);

(7) A statement of any misdemeanors or felonies in any state and relevant explanation(s);

(8) Personal references from at least 2 individuals; and

(9) An acknowledgment that the volunteer instructor:

a. Will support the hunter education program policies and accept the responsibilities of an MHIT;

b. Is obligated to participate in at least one new instructor training course per year to retain their instructor status;

c. Has not misrepresented any information on the MHIT application and any discovered misrepresentation may result in the termination of their services; and

d. Consents to an initial as well as recurring investigations by the Bureau of Criminal Records.

(d) The hunter education program coordinator shall appoint a MHIT whenever a need for assistance is identified.

(e) Each MHIT shall meet the minimum requirement of having served as chief or assistant chief instructor for at least 3 hunter education courses or a minimum of 5 years as a hunter education volunteer instructor.

(f) A MHIT may schedule courses and request materials.

(g) A MHIT shall assist with one audit or one new instructor training annually, in addition to the hunter education volunteer instructor requirements described in Fis 1202.02.

History

#6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.05), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13 (formerly Fis 1202.11); ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1202.06 Range Requirements {#sec-fis-1202.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.06}

Hunter education volunteer instructors shall ensure compliance with the following shooting range requirements:

(a) Eye and ear protection shall be worn by all participants;

(b) Safety instructions and range commands shall be given to all students;

(c) Students not actively participating in the firing sequence shall be located and supervised behind a prearranged safety zone or observer line;

(d) Students shall not be given any reloaded or hand-loaded ammunition;

(e) Students shall not bring personal firearms to the live-fire or field day portions of a hunter education course;

(f) Students shall only load and fire with a command from the instructor; and

(g) Students shall engage the firearm’s safety device immediately after firing.

History

#6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.06), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13 (formerly Fis 1202.13); ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1202.07 Record Keeping {#sec-fis-1202.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.07}

(a) At the conclusion of each course, all instructors shall input and submit the instructor hours and mileage into the online event manager, through the department’s website at https://nh-events-admin.s3licensing.com/Staff/Login.

(b) At the end of the hunter education course, the chief or assistant chief instructor shall report, within 5 days, the following information using the online event manager for each student:

(1) An indication of whether the student successfully completed the course;

(2) The reason for any unsuccessful course completion; and

(3) All information about walk-in students, as specified in Fis 1201.03(b).

(c) Course instructional materials, such as manuals and booklets, may be retained, provided the chief instructor maintains an inventory of items on hand for use when requesting future course supplies.

History

#6433, eff 1-22-97; ss by #7528, eff 7-11-01; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.07); ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13 (formerly Fis 1202.12); ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1202.08 Tree Stand Use by Students {#sec-fis-1202.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.08}

Students shall not climb into any tree stand used during the hunter education course for demonstrations, unless the tree stand is positioned no more than one foot above the ground.

History

#6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.08), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, 1-1-13 (formerly Fis 1202.14); ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

N.H. Code Admin. R. Ann. Fis 1202.09 Classroom or Field Accident Notification {#sec-fis-1202.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 1202.09}

(a) In the event of an accident during the course, the chief instructor shall notify the hunter education program coordinator within 24 hours or during the first state work day following the accident.

(b) Any unintentional discharge of a firearm, personal injury, or property damage shall be reported in writing by the chief instructor to the hunter education program coordinator within 24 hours or during the first state working day after the accident.

History

#6433, eff 1-22-97; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1220.09), EXPIRED: 1-22-05
#8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10220, eff 1-1-13 (formerly Fis 1201.l6); ss by #10479, eff 1-1-14; ss by #13843, eff 1-5-24

Part Fis 1203 Free Fishing Day

N.H. Code Admin. R. Ann. Fis 1203.01 Free Fishing Day {#sec-fis-1203.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1203.01}

No fishing license shall be required to take fish, by angling, in any public waters within the jurisdiction of the state on the first Saturday of June and the third Saturday in January, except that those anglers participating in a fishing tournament on either day shall be required to possess a valid fishing license.

History

#4791, eff 3-22-90; ss by #5634, eff 6-2-93; ss by #6253, eff 5-22-96; ss by #6513, eff 5-21-97; (See Revision Note at chapter heading for Fis 1200) ss by #8183, eff 9-28-04 (formerly Fis 1223.01); ss by #8552, INTERIM, eff 1-27-06, EXPIRES: 7-26-06; ss by #8688, eff 7-25-06; ss by #10541, eff 4-1-14; ss by #12106, eff 2-16-17

Part Fis 1204 Special Youth and Active Duty and Military Veteran Hunting Days

N.H. Code Admin. R. Ann. Fis 1204.01 Special Youth Waterfowl Hunting Day {#sec-fis-1204.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1204.01}

(a) The last weekend in September shall be designated as New Hampshire's youth waterfowl hunting days.

(b) Youths shall be under 16 years of age and shall be accompanied by a licensed adult over 18 years of age.

(c) Adults who accompany youth hunters during the special youth waterfowl hunting days shall possess a current hunting license and shall not take waterfowl.

(d) The daily bag limits, including black ducks, shall be the same as those allowed during the open season in accordance with 50 CFR Part 20 and Fis 302.04, 302.05, 302.06, 302.07 and Fis 302.071.

History

#6331, eff 8-26-96; amd by #6850, EXEMPT, eff 8-27-98; amd by #6851, EXEMPT, eff 9-3-98; amd by #7092, EXEMPT, eff 9-2-99; ss by #7359, EXEMPT, eff 8-24-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7739, EXEMPT, eff 8-1-02; ss by #7941-A, EXEMPT, eff 8-25-03; ss by #8121, EXEMPT, eff 7-14-04; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183 (formerly Fis 1224.01)

N.H. Code Admin. R. Ann. Fis 1204.02 Special Youth Hunting Days for Deer {#sec-fis-1204.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1204.02}

(a) The Saturday and Sunday prior to the opening day of the muzzleloader season specified in Fis 301.03(e) shall be designated as youth hunting days for deer.

(b) The season shall be open to the taking of any deer.

(d) Each adult who accompanies youth hunters during the youth hunting day shall:

(1) Possess a current hunting license; and

(2) Not carry a firearm, bow and arrow, or crossbow that could lawfully be used for the purpose of a take.

(e) Each adult shall be accompanied by not more than 2 youths participating in the youth hunting day.

(f) The deer taken during the youth hunting days shall constitute the one deer allowed to be taken with a firearm for the regular firearm season.

(g) Youths shall use the “Special Deer and/or BearTag” provided in the New Hampshire Hunting Digest or on the New Hampshire Fish and Game website at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/deer-tag.pdf.

(h) Deer may be taken by any legal method specified in Fis 301.03 or Fis 301.041.

History

#7001, eff 5-25-99; ss by #7358, eff 8-29-00; amd by #7533, eff 7-24-01; amd by #7881, eff 4-26-03; amd by #7922, eff 7-24-03; ss by #8085, eff 5-26-04; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183, (formerly Fis 1224.02); ss by #8644, eff 6-1-06; ss by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; ss by #10619, eff 6-2-14; amd by #12591, eff 7-25-18; ss by #13907, eff 3-20-24; ss by #14308, eff 7-10-25, EXPIRES: 7-10-35

N.H. Code Admin. R. Ann. Fis 1204.03 Special Youth Hunting Days for Turkey {#sec-fis-1204.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1204.03}

(a) Beginning in 2019, and in all subsequent years, the first weekend prior to May 1 shall be designated as youth hunting days for turkey in wildlife management units A through M.

(b) Youths shall be 15 years of age or younger and shall be accompanied by an adult 18 years of age or older who is licensed to take turkey.

(d) Each adult who accompanies youth hunters during the youth hunting days for turkey shall:

(1) Possess a current hunting license and turkey permit; and

(2) Not carry a firearm, bow and arrow, or crossbow that could otherwise lawfully be used for the purpose of a take.

(e) Each adult shall be accompanied by not more than 2 youths participating in the youth hunt.

(f) Youth shall also comply with the requirements for taking turkey in the spring turkey season as specified in Fis 302.01(c), (e)(1), (f), (i), (j), and (k).

History

#7881, eff 4-26-03; (See Revision Note at chapter heading for Fis 1200) renumbered by #8183 (formerly Fis 1224.03); ss by #8644, eff 6-1-06; ss by #10619, eff 6-2-14; amd by #12591, eff 7-25-18; ss by #13907, eff 3-20-24

N.H. Code Admin. R. Ann. Fis 1204.04 Special Active Duty and Military Veteran Hunting Days for Migratory Waterfowl {#sec-fis-1204.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1204.04}

(a) The first weekend following the close of the regular season in all zones for hunting migratory waterfowl, as established in Fis 302.04 through Fis 302.06 and Fis 302.09, shall be designated as active duty and military veteran hunting days.

(b) Only veterans, as defined by 38 USC §101, and members of the armed forces on active duty, including National Guard and Reserves, except if on active duty only for training, shall be permitted to hunt migratory waterfowl during the special active duty and military veteran hunting days.

(c) Active duty and military veterans may be accompanied by one person who is not an active duty military service member or veteran. However, the person accompanying the hunter shall not harvest or attempt to harvest any waterfowl.

(d) Any non-active duty military member or non-veteran that accompanies the hunter to assist with activities, such as setting out decoys, calling, or retrieving harvest birds, shall possess a New Hampshire hunting license and all required permits.

(e) Hunters participating in the special active duty and military veteran hunting days shall possess proof of eligibility as follows:

(1) Active duty military identification card;

(2) Actively participating National Guard or Reservist identification card;

(3) Retired military identification card;

(4) New Hampshire state driver’s license with veteran status indicator;

(5) Form DD214, certificate of honorable discharge; or

(6) Form DD215, corrected certificate of honorable discharge.

(f) In addition to the proof required in paragraph (e) above, hunters shall also possess the following while participating in this special weekend:

(1) New Hampshire hunting license;

(2) New Hampshire migratory waterfowl license;

(3) National Migratory Bird Harvest Information Program permit; and

(4) Federal duck stamp.

(g) Bag and possession limits for each species shall be the same as during regular season.

(h) All shotguns shall be plugged to a 3-shell capacity, and only nontoxic shot shall be used or possessed by the hunter.

History

#14076, eff 9-25-24, EXPIRES: 9-25-34

N.H. Code Admin. R. Ann. Fis 1204.05 Special Youth Hunting Days for Pheasants {#sec-fis-1204.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1204.05}

(a) The last weekend in September shall be designated as New Hampshire's youth hunting days for pheasants.

(b) Youths shall be 15 years of age or younger and shall be accompanied by an adult 18 years of age or older who is licensed to take pheasants.

(1) Possess a current hunting license and pheasant permit; and

(2) Not carry a firearm, bow and arrow, or crossbow that could otherwise lawfully be used for the purpose of a take.

(d) Each adult shall be accompanied by not more than 2 youths participating in the youth hunt.

(e) Youth shall also comply with the requirements for taking pheasant as specified in Fis 302.11(b).

History

#14308, eff 7-10-25, EXPIRES: 7-10-35

Part Fis 1205 Sporting Club Youth Pheasant Event

N.H. Code Admin. R. Ann. Fis 1205.01 Sporting Club Youth Pheasant Events {#sec-fis-1205.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1205.01}

(a) Sporting clubs may hold a sporting club youth pheasant event for the purpose of introducing youth hunters to pheasant hunting, promoting New Hampshire’s special heritage, and teaching hunting practices.

(b) For purposes of this section, a sporting club shall be an organized sporting club as defined in RSA 206:2, III.

(c) The youth pheasant event shall be held on club property or on other land for which written permission from the landowner has been obtained.

(d) No other hunting, field trial, or related activities shall be allowed during this event.

(e) Sites identified in Fis 1205.01(c) shall be at least 25 acres in size.

(f) Youth hunters shall be 12 – 15 years of age.

(g) Youth hunters shall be accompanied by an adult 18 years of age or older who is licensed to take pheasant.

(h) The adult accompanying the youth hunter shall not carry a firearm, bow and arrow, nor crossbow that could lawfully be used for the purpose of a take.

(i) Each adult shall not be accompanied by more than one youth participating in the sporting club youth pheasant event.

(j) The daily bag limit shall be no more than 2 pheasant per youth.

(k) The sporting club shall comply with the requirements for possession as specified in Fis 804.09, Fis 804.10, Fis 804.15, and Fis 804.16, except that permits to possess or release shall not be required for a youth pheasant event.

(l) The importation of pheasants shall be in compliance with NH department of agriculture, markets, and food administrative rules Agr 2114.01, entitled “VS Form 9-3 or Permit and CVI Required”, pertaining to the certification and permit required for poultry before importing any birds into the state.

(m) Sporting club youth pheasant events for taking pheasants as described in paragraph (a) above may be held Saturday and Sunday on the 2 full weekends in September immediately prior to September 29th.

(n) The sporting club shall be responsible for:

(1) The administration and registration of participants for the event; and

(2) The purchase and release of pheasants for the event.

(o) Use of state owned wildlife management areas shall be subject to the requirements of Fis 902.01.

(p) No fees shall be charged by a sporting club to any individual participating in a youth pheasant event in any capacity.

(q) Inspections for compliance shall be as specified in Fis 804.06.

(r) A sporting club shall notify the fish and game department of any youth pheasant events by:

(1) Submitting a letter by mail, hand delivery, or by email that includes:

a. The date, time, and exact location of the event;

b. The name of the sponsoring sporting club; and

c. The name and phone number of the event administrator;

(2) Letters hand delivered shall be delivered to the wildlife division at fish and game headquarters in Concord, New Hampshire, at least 7 days prior to the event;

(3) Letters mailed to the fish and game department shall be postmarked at least 14 days prior to the event and addressed to:

NH Fish and Game Department

Wildlife Division

11 Hazen Drive

Concord, NH 03301; or

(4) Emails shall be sent to the fish and game wildlife division at wildlife@wildlife.nh.gov, with “youth pheasant hunt” in the subject line, at least 7 days prior to the event.

History

#1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4900, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96
#6435, eff 1-22-97; amd by #6843 eff 8-29-98; (formerly Fis 1217.01, renumbered editorially) (See Revision Note at chapter heading for Fis 1200); paragraphs (a)(1) - (15) EXPIRED: 1-22-05; ss by #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07
#9543, eff 9-12-09; ss by #10347, eff 5-22-13; amd by #12591, eff 7-25-18; ss by #13795, eff 10-27-23

N.H. Code Admin. R. Ann. Fis 1205.02 Education and Other Special Events {#sec-fis-1205.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1205.02}

REPEALED

APPENDIX

Rule(s)

State Statute (RSA)

Federal Statute

Federal Regulation

Fis 1201.01 – 1201.07

RSA 206:10, I;

RSA 214:23-b

Fis 1202.01 – 1202.09

RSA 206:10, I;

RSA 214:23-b

Fis 1203.01

RSA 214:1-e

Fis 1204.02

RSA 206:10, I; RSA 208:2

Fis 1204.03

RSA 206:10, I;

RSA 209:12-a, I

Fis 1204.04

RSA 206:10, I; RSA 208:2

Fis 1204.04

RSA 206:10, I; RSA 208:2

Fis 1204.05

RSA????

Fis 1205.01

RSA 206:10, I;

RSA 207:56 and 58

History

#9543, eff 9-12-09; rpld by #10347, eff 5-22-13

Chapter Fis 1300 Guides

Part Fis 1301 Licensing

N.H. Code Admin. R. Ann. Fis 1301.01 Definitions {#sec-fis-1301.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1301.01}

(a) “Commercial boat” means “commercial boat”, as defined in RSA 270:2, IV.

(b) “Fishing” means “angling”, as defined in RSA 207:1, I-a.

(c) “For hire” means providing or offering to provide services to the public at large for which compensation of any sort is demanded or received, whether directly or indirectly.

(d) “Guide” means “guide” as defined in RSA 207:1, XII. The term also includes a person who offers or provides services for hire to one or more other persons to engage in hunting or fishing on the lands or waters of the state.

(e) “Guiding” means “guiding” as defined in RSA 207:1, XIII. The term includes providing services for hire whereby a guide directs, instructs, or aids another in hunting or fishing on the lands or waters of the state. The term also includes the “business of guiding”.

(f) “Hunting” means “take or taking” as defined in RSA 207:1, XXVII.

History

(See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

N.H. Code Admin. R. Ann. Fis 1301.02 Types of Guide Licenses, Prerequisites {#sec-fis-1301.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1301.02}

(a) Pursuant to RSA 215:2, the department shall issue licenses to engage in the business of guiding as follows:

(1) Resident over 65 hunting guide;

(2) Resident over 65 fishing guide;

(3) Resident hunting guide;

(4) Resident fishing guide;

(5) Nonresident hunting guide; and

(6) Nonresident fishing guide.

(b) No applicant shall be approved to sit for a practical skills examination for a hunting guide license or a fishing guide license unless:

(1) The person is at least 18 years of age or older as required in RSA 215:5;

(2) The person has successfully completed and is certified in, at minimum, a basic first aid course and a basic cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified; and

(3) The person has a personal record free of convictions in any jurisdiction for:

a. A fishing, hunting, or trapping violation in the 3 years preceding the date of application;

b. A controlled substance violation in the 3 years preceding the date of application;

c. A misdemeanor or non-violent felony in the 5 years preceding the date of application; and

d. A felony involving violence against the person or property of another in the 10 years preceding the date of application.

c) No applicant with a felony conviction involving violence against the person or property of another, at any time, in any jurisdiction, shall be approved to sit for a practical skills examination for a hunting guide license.

(d) No applicant with a felony conviction involving violence against the person or property of another, at any time, in any jurisdiction, shall be approved to sit for a practical skills examination for a fishing guide license unless:

(1) The felony conviction occurred at least 10 years prior to the date of application; and

(2) The person has obtained a determination from a panel of 3 department-affiliated officials, appointed pursuant to Fis 1301.05(d), that the criminal conviction does not disqualify the individual from safely performing the duties of a fishing guide, pursuant to Fis 1301.05 below.

(e) No applicant for a hunting guide license shall be approved to sit for a practical skills examination unless the person has successfully completed a hunter safety course in this state, or any other state or province, which requires individuals to perform the skills of safe firearm and archery equipment handling and familiarization at a field session in the presence of live instructors.

(f) An applicant who is licensed as a guide in another state shall not be exempted from any of the application or examination procedures required by this part for licensure as a hunting guide or fishing guide in this state.

(g) All fishing guide licenses and hunting guide licenses shall expire on December 31 of the year of issue, subject to renewal as provided in Fis 1301.04 below.

History

(See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

N.H. Code Admin. R. Ann. Fis 1301.03 Application and Examination Procedures {#sec-fis-1301.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1301.03}

(a) Applicants seeking any type of guide license shall submit to fish and game headquarters, 11 Hazen Drive, Concord, NH 03301, a completed “Guide’s License Application”, Rev 10/25, available on the department’s website at: https://www.wildlife.nh.gov/licenses-and-permits/license-forms including the following:

(1) The applicant’s:

a. Name, including a maiden name if applicable;

b. Mailing address;

c. Legal residence address;

d. Telephone number;

e. Date of birth;

f. Proof of citizenship;

g. Alias;

h. Gender;

i. Height;

j. Weight;

k. Hair color;

l. Eye color; and

m. Current New Hampshire hunting or fishing license number;

(2) The business name, address, email address, and telephone number, if applicable;

(3) An indication if the applicant has previously been licensed as a guide and, if so, in what state, for how many years, and what was the last year the applicant was licensed as a guide;

(4) An indication if the applicant will be using boats and canoes while guiding;

(5) A statement explaining how much experience the applicant has with handling boats, motors, and canoes and familiarity with map and compass;

(6) Documentation that the applicant has taken and successfully completed a hunter safety course if applying for a hunting guide license;

(7) Documentation that the applicant is currently certified in, at minimum, a basic first aid course and cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified;

(8) An indication if the applicant has been convicted of any violation or crime within the last 10 years, the nature of any convictions, and in what state;

(9) An acknowledgement that, prior to approval of the application:

a. The applicant will be subject to a criminal records background check;

b. Further information may be required to explain the answers provided to any of the items noted above; and

c. An examination will be conducted at fish and game headquarters for any applicant who does not currently possess a New Hampshire hunting guide license or fishing guide license;

(10) A signed and notarized department of safety “Criminal History Record Information Release Authorization Form”, DSSP 256, available on the Department of Safety’s website at https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-history-record-requests, to allow the department to perform a criminal background check of the applicant in accordance with subparagraph (9) above;

(11) The signature of the applicant, subject to the penalties for making unsworn false statements under RSA 641:3, certifying to the following:

a. The applicant understands and will comply with all pertinent New Hampshire statutes and rules relative to guides and guiding;

b. If applying for a resident guide license of any type, the applicant is a resident of the State of New Hampshire, as defined in RSA 207:1, XXIII, or, if a resident over 65 guide license, the applicant is also 65 years of age or older and has been a licensed hunting or fishing guide in New Hampshire for 5 or more years;

c. The applicant’s privileges to fish, hunt, trap, guide, take or land lobsters, or engage in commercial fishing activities are not under suspension or revocation in any state or province; and

d. The applicant is aware that conviction of certain felonies in any state or province prohibits the possession of a firearm or other dangerous weapon; and

(12) A 4 inch by 9 ½ inch self-addressed, stamped envelope.

(b) The fee for the fishing guide license or hunting guide license, pursuant to RSA 215:5, II, shall be:

(1) Resident over 65 hunting guide, $5.00;

(2) Resident over 65 fishing guide, $5.00;

(3) Resident hunting guide, $100.00;

(4) Resident fishing guide, $100.00;

(5) Nonresident hunting guide, $100.00; and

(6) Nonresident fishing guide, $100.00.

(c) Pursuant to RSA 541-A:29, within 30 days of the receipt of the guide license application, it shall be examined for errors or omissions, and the applicant shall be notified of such errors or omissions and the name, address, official title, and telephone number of a department employee who may be contacted regarding the application.

(d) Within 60 days of the receipt of a complete guide license application meeting the requirements set forth in paragraph (a) above, any applicant who:

(1) Meets all the requirements set forth in Fis 1301.02(b) through (e) and has not been denied licensure pursuant to subparagraph (e)(1) below shall be approved to sit for the practical skills examination; or

(2) Fails to meet the requirements set forth in Fis 1301.02(b) through (e) shall be denied a license and have the application and fee returned without further action, subject to the right of the applicant to request an adjudicatory hearing before an impartial hearing officer consistent with the procedures set forth in Fis 200 and RSA 541-A:31.

(e) Each applicant for an initial hunting guide license or fishing guide license shall take and successfully pass both a written and oral examination administered at the fish and game department at a date and time scheduled by the department, under the following conditions:

(1) The written examination shall require a passing grade of 75%. Any applicant successful in passing the written examination shall attend an oral examination within the following 12 months, failing which the application shall be denied;

(2) The oral examination shall be graded as a pass or fail, and shall test an individual’s practical skills, knowledge, and abilities in hunting, for a hunting guide license applicant, or fishing, for a fishing guide license applicant;

(3) The oral examination shall be conducted by at least 2 and no more than 3 examiners, of which 2 members shall be active or retired conservation officers from the fish and game law enforcement division, and one currently licensed hunting or fishing guide chosen by the executive director or designee;

(4) Any applicant unsuccessful in passing the written exam shall be allowed to retest, at the next available date scheduled by the department, but in no event sooner than 60 days from the date of original examination;

(5) The application of any person failing a second written or oral examination shall be denied in writing, subject to the right of the applicant to seek an appeal of the decision under Fis 1305; and

(6) No person who has failed a second written or oral examination shall be approved to sit for a practical skills examination for a period of one year from the date of the second failed examination.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

N.H. Code Admin. R. Ann. Fis 1301.04 License Renewal {#sec-fis-1301.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1301.04}

(a) Any holder of an existing hunting guide license or fishing guide license may apply for renewal of the license by submitting to fish and game headquarters, 11 Hazen Drive, Concord, N.H. 03301 a completed “Guides License Application”, Rev 10/25, available on the department’s website at https://www.wildlife.nh.gov/licenses-and-permits/license-forms, and including the following information:

(1) The type of license sought to be renewed;

(2) Any updates, corrections, or authorizations to information required in Fis 1301.03(a);

(3) A new signed and notarized department of safety “Criminal History Record Information Release Authorization Form”, DSSP 256, available on the Department of Safety’s website at https://www.nhsp.dos.nh.gov/our-services/criminal-records/criminal-history-record-requests;

(4) Documentation that the applicant is currently certified in, at minimum, a basic first aid course and cardiopulmonary resuscitation course which requires individuals to perform the practical skills in the course in order to be certified;

(5) The applicant’s signature, under penalty for making unsworn false statements pursuant to RSA 641:3, and containing the certifications set forth in Fis 1301.03(a)(11); and

(6) The required fee for the license(s) sought to be renewed.

(b) The license shall be renewed unless:

(1) The required fee has not been submitted;

(2) The applicant’s residence as provided on the renewal form would not permit renewal of the type of license currently held;

(3) The applicant’s existing license has been revoked;

(4) The criminal background check discloses a conviction that would disqualify the applicant from grant of the requested license; or

(5) The applicant is not currently certified in first aid or cardiopulmonary resuscitation as required.

(c) If the applicant does not hold a current and unexpired guide license but was the holder of a guide license at any time in the preceding 7 calendar years, a new license shall be granted without the need for the applicant to pass the written and oral practical skills examination, provided that the applicant meets all other requirements in Fis 1301.03(a).

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

N.H. Code Admin. R. Ann. Fis 1301.05 Evaluation of Violent Felony Convictions {#sec-fis-1301.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1301.05}

(a) An individual with a prior felony conviction involving violence against the person or property of another may request a determination of whether the criminal conviction disqualifies the individual from obtaining a fishing guide license at any time after the 10-year anniversary of the conviction.

(b) Requests for a determination shall be in writing and include at least the following information:

(1) The individual’s legal name and contact information;

(2) Identification of any applicable felony convictions;

(3) Authorization for the department to obtain the individual's criminal record; and

(4) Any information regarding the individual's current circumstances or rehabilitation the individual wishes to present in support of their request. Such information may include letters of support, employment records, and personal references.

(d) The law enforcement division shall appoint 2 sworn law enforcement officers, and the chair of the fish and game commission shall appoint one fish and game commissioner to sit as a panel to review the individual’s criminal and incarceration history and other information submitted by the requesting individual. The panel, considering all information submitted by the individual or obtained from the individual’s criminal records, shall disqualify an individual from obtaining a fishing guide license only upon a determination that:

(1) The individual’s felony conviction has a substantial and direct relationship to the performance of the duties of a fishing guide; and

(2) Disqualifying the individual from obtaining a fishing guide license would be protective of the public safety.

(e) In making the determination required under paragraph (d) above, the panel shall consider only the following factors:

(1) The nature and seriousness of the crime for which the individual was convicted;

(2) The completion of the individual’s criminal sentence and the conditions of any probation, parole, or conditional release;

(3) The passage of time since the commission of the crime; and

(4) Any evidence of rehabilitation, including testimonials, employment history, and education or training.

(f) Determinations by the panel shall be by a majority and be in writing and rendered within 60 days of receipt of a complete request.

(g) A requesting individual dissatisfied with the panel’s determination may request an adjudicatory hearing before an impartial hearing officer, consistent with the procedures set forth in Fis 213 and RSA 541-A:31.

Source #14410, eff 10-22-25, EXPIRES 10-22-35

Part Fis 1302 Responsibilities of Guides

N.H. Code Admin. R. Ann. Fis 1302.01 Guide Responsibilities {#sec-fis-1302.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1302.01}

(a) Guides and the boats they operate while guiding shall meet all the requirements of RSA 270-E:3, RSA 270-E:18, and RSA 270-E:22 relative to registration and licensing of commercial boats and their operators.

(b) All licensed guides shall be responsible for determining that the person or persons they are guiding hold(s) and is carrying on their person a valid license and any other special licenses or permits required to take the wildlife sought during the engagement. This rule shall not prevent the person being guided from being charged with a violation of fish and game laws or rules or prevent such person from being held responsible for the violation.

(c) Each licensed guide shall hold and carry on their person a valid guide license and any other special licenses or permits required to take the wildlife sought during the engagement, except that a guide may direct, aid, assist, or instruct a moose permittee and subpermittee in accordance with Fis 301.07(f).

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

N.H. Code Admin. R. Ann. Fis 1302.02 Ethical Responsibilities of Guides {#sec-fis-1302.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1302.02}

(a) A guide shall fully cooperate with all law enforcement officers, private landowners, and other wildlife officials.

(b) A guide shall abide by and advise all clients of all applicable conservation and game state and federal laws, statutes, regulations, and rules and shall not condone violation of the same.

(c) A guide shall accurately advise all clients of the weather conditions, terrain, and fish and game populations that are likely to be encountered and the equipment needs, physical endurance, and outdoor skills that might be necessary or required to achieve the goals of the engagement.

(d) A guide shall, at all times, take all steps reasonably required to provide for the safety of clients, employees, and other persons known to be in the area of the engagement.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Part Fis 1303 Record Keeping

N.H. Code Admin. R. Ann. Fis 1303.01 Record Keeping {#sec-fis-1303.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1303.01}

(a) Each licensed guide shall keep written records for all guiding trips completed.

(b) The records shall include the following for each trip:

(1) The date(s) on which guiding occurred;

(2) For each person guided on the trip:

a. The client’s address;

b. The client’s hunting or fishing license number; and

c. The client’s phone number;

(3) The towns in which guiding occurred; and

(4) The species of game or fish sought.

(d) Such records shall be kept for a minimum of 5 years and shall be made immediately available to the executive director or designated agent upon request.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

N.H. Code Admin. R. Ann. Fis 1303.02 Incident Reports {#sec-fis-1303.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1303.02}

A licensed guide shall file with the law enforcement division, within 10 days of the conclusion of a guided trip, a written report detailing any of the following events occurring during the trip:

(a) Personal injury to any person being guided, other than minor injuries completely treated and resolved by first aid procedures;

(b) Personal injury caused by the guide or any person being guided to another human being, other than minor injuries completely treated and resolved by first aid procedures;

(d) Any violations of fish and game laws or regulations or any other law that resulted in a summons issued by any law enforcement officer to the guide or any member of the party being guided.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Part Fis 1304 Register

N.H. Code Admin. R. Ann. Fis 1304.01 Register Available {#sec-fis-1304.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1304.01}

The current register of licensed guides required by RSA 215:2-a, and maintained at headquarters in Concord, shall be available to any individual upon request.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Part Fis 1305 Guide Licenses, Complaint, and Revocation

N.H. Code Admin. R. Ann. Fis 1305.01 Revocation {#sec-fis-1305.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1305.01}

(a) Any person may complain in writing to the executive director of the department if that person has reason to believe that a licensed guide has failed to comply with any provision of RSA 215 or this chapter.

(b) No annual guide license issued pursuant to this chapter shall be revoked unless the executive director finds, by a preponderance of the evidence, that the guide has violated the provisions of RSA 215:3 in an adjudicative proceeding conducted pursuant to RSA 541-A:30 and Fis 200.

(c) Any person whose guide’s license has been revoked pursuant to paragraph (b) above shall not be eligible to renew the license, in accordance with Fis 1301.04, but shall instead be required to reapply and to meet all requirements of Fis 1301, including the written and oral practical skills examination, before being issued a new guide’s license.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Part Fis 1306 Guide Patch

N.H. Code Admin. R. Ann. Fis 1306.01 Guide Patch {#sec-fis-1306.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1306.01}

(a) Every licensed guide, while engaged in the business of guiding, shall wear, in a conspicuous place on their clothing, a patch to be furnished by the executive director upon the issuance of the license. Such patch shall not be worn by any individual who is not a licensed guide.

(b) If a licensed guide ceases to hold a guide’s license, whether due to license revocation or voluntary license expiration, the person shall not wear the patch issued by the executive director.

Source (See Revision Note at chapter heading for Fis 1300) #12761, eff 5-1-19; ss by #14410, eff 10-22-25, EXPIRES 10-22-35

Chapter Fis 1400 Non-Game

Part Fis 1401 Amphibians and Reptiles

N.H. Code Admin. R. Ann. Fis 1401.01 Guides {#sec-fis-1401.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1401.01}

General Provisions for Amphibians and Reptiles.

(a) Importation, possession, release and sale of live amphibians and reptiles shall be in accordance with Fis 803, Fis 804, Fis 805, and Fis 811.

(b) The taking of amphibians and reptiles shall be only by hand capture, including the use of hand held nets.

(d) Amphibians and reptiles native to New Hampshire, including parts thereof, specified in Fis 1401.02 and Fis 1401.03 shall not be exported from the state.

(e) Scientific permits granted for the taking of amphibians and reptiles, as specified in paragraphs (a) through (d) above, shall be in accordance with RSA 214:29 and Fis 1106.01.

Source #1670, eff l1-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84, EXPIRED 8-31-90

History

#6191, eff 2-22-96, EXPIRED: 2-22-04
#8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07
#8893, eff 6-5-07, ss by #10142, eff 6-5-12, EXPIRED: 6-5-22
#13409, eff 7-26-22

N.H. Code Admin. R. Ann. Fis 1401.02 Amphibians {#sec-fis-1401.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1401.02}

(a) No person shall take or possess a marbled salamander (Ambystoma opacum), Fowler’s toad (Anaxyrus fowleri), or Northern leopard frog (Lithobates pipiens) or any egg or part thereof.

(b) The daily bag limits for the taking of amphibians listed below in Table 1400.1 shall be 5 amphibians of each species:

Table 1400.1 Amphibians

American toad

Anaxyrus americanus

Gray treefrog

Hyla versicolor

Spring peeper

Pseudacris crucifer

American bullfrog

Lithobates catesbeiana

Green frog

Lithobates clamitans

Pickerel frog

Lithobates palustris

Mink frog

Lithobates septentrionalis

Wood frog

Lithobates sylvatica

Spotted salamander

Ambystoma maculatum

Northern two-lined salamander

Eurycea bislineata

Northern dusky salamander

Desmognathus fuscus

Eastern red-backed salamander

Plethodon cinereus

Red-spotted newt

Notophthalmus viridescens

Source #10142, eff 6-5-12, EXPIRED: 6-5-22

History

#13409, eff 7-26-22

N.H. Code Admin. R. Ann. Fis 1401.03 Reptiles {#sec-fis-1401.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1401.03}

(a) No person shall take or possess a spotted turtle (Clemmys guttata), Blanding's turtle (Emydoidea blandingii), wood turtle (Glyptemys insculpta), Eastern box turtle (Terrapene carolina carolina), black racer (Coluber constrictor), timber rattlesnake (Crotalus horridus), Eastern hognose snake (Heterodon platirhinos), or any egg or part thereof.

(b) The taking of reptiles, cited below in Table 1400.2, shall be taken only as specified in this section:

Table 1400.2 Reptiles

Musk turtle

Sternotherus odoratus

Painted turtle

Chrysemys picta

Snapping turtle

Chelydra serpentina

Ring-necked snake

Diadophis punctatus

Eastern milksnake

Lampropeltis triangulum triangulum

Northern watersnake

Nerodia sipedon

Brown snake

Storeria dekayi

Red-bellied snake

Storeria occipitomaculata

Garter snake

Thamnophis sirtalis

(d) No person shall take any species of indigenous turtle from May 15 to July 15.

(e) The taking of snapping turtles (Chelydra serpentina) shall only be allowed of snapping turtles less than 6 inches or 12 to 15 inches in length as measured from the front to rear along the top of the carapace.

Source #10142, eff 6-5-12 (from Fis 1401.01), EXPIRED: 6-5-22

History

#13409, eff 7-26-22

Part Fis 1402 Release of Information

N.H. Code Admin. R. Ann. Fis 1402.01 Release of Information {#sec-fis-1402.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1402.01}

The fish and game department shall, at its discretion, withhold from any person information about the location and population of a non-game species if it determines that disclosures of such information would threaten the survival of that or another non-game species in any way.

Source #13409, eff 7-26-22

Appendix

Rule

Specific State Statute which the Rule Implements

Fis 1301.01

RSA 206:10, I; RSA 207:1, XII, XIII, & XXVII

Fis 1301.02

RSA 206:10, I; RSA 215:1; and RSA 215:5

Fis 1301.03

RSA 206:10, I; RSA 215:2

Fis 1301.04

RSA 206:10, I; RSA 215:6

Fis 1301.05

RSA 206:10, I; RSA 215:2

Fis 1302.01

RSA 206:10, I; RSA 215:5

Fis 1302.02

RSA 206:10, I; RSA 215:5

Fis 1303.01

RSA 206:10, I

Fis 1303.02

RSA 206:10, I

Fis 1304.01

RSA 206:10, I; RSA 215:2-a

Fis 1305.01

RSA 206:10, I; RSA 215:3

Fis 1306.01

RSA 206:10, I; RSA 214:7

Fis 1401.01

RSA 206:10, I; RSA 212-B:4; RSA 214:29

Fis 1401.02

RSA 206:10, I; RSA 212-B:4

Fis 1401.03

RSA 206:10, I; RSA 212-B:4

Fis 1402.01

RSA 206:10, I; RSA 212-B:4

Chapter Fis 1500 Off Highway Recreation Vehicles and Snowmobiles

Part Fis 1501 Definitions

N.H. Code Admin. R. Ann. Fis 1501.01 Chapter Definitions {#sec-fis-1501.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1501.01}

(a) “Annual registration” means OHRV registration in accordance with RSA 215-A: 21, other than temporary registration in accordance with RSA 215-A: 21, V, or snowmobile registration in accordance with RSA 215-C: 36.

(b) “Dealer” means “dealer” as defined in RSA 215-A:1, III-a and RSA 215-C:1, V, namely “a person in the OHRV or snowmobile business who sells OHRVs or snowmobiles to the general public, or demonstrates for sale vehicles on consignment to the general public. There shall be a rebuttable presumption that any person who sells or who acts as an agent of a seller for 5 or more vehicles at retail to the general public in a consecutive 12-month period is a retail vehicle dealer. For the purpose of this definition, this shall include retail OHRV or snowmobile dealers and wholesale OHRV or snowmobile dealers."

(c) “Decals” means OHRV and snowmobile registration numbers or adhesive materials with printed numbers as annually approved by the executive director that are issued with a registration certificate for placement on an OHRV or snowmobile as evidence of registration.

(d) “Event” means an organized OHRV or snowmobile race, rally, contest, antique or defined charitable meet in which OHRVs or snowmobiles are operated within a designated set of boundaries, trails or prescribed course, upon public or private land or frozen bodies of water owned by anyone other than the organizer of said event but does not include trails maintenance projects or other OHRV or snowmobile gatherings.

(e) “New Hampshire Off Highway Vehicle Association (NHOHVA): means an association of independently incorporated New Hampshire Off Highway Vehicle clubs that share information and experience, participate in educational opportunities, and become partners in creating a positive image of the sport.

(f) “New Hampshire Snowmobile Association (NHSA)” means an association of independently incorporated New Hampshire snowmobile clubs, working together as a unified voice to speak for the sport of snowmobiling and to promote it as a safe family recreation.

(g) “Person” means “person” as defined in RSA 207:1, XX.

(h) “Plate” means the registration materials issued:

(1) To OHRV and snowmobile dealers pursuant to Fis 1504 allowing the temporary use of multiple machines for sales, demonstration, or business purposes by the licensed dealer and employees of the dealership;

(2) To applicants with antique machines, pursuant to Fis 1503.04; and

(3) To applicants who are governmental entities pursuant to Fis 1503.08.

(i) “Registrant” means any person who has legally registered an OHRV or snowmobile through the department or its duly authorized agents, and has a registration certificate and decal set recorded in their name with the department.

(j) “Rental agent” means “rental agent” as defined in RSA 215-A:1, XI-a and RSA 215-C:1, XIII, namely “a person licensed under RSA 215-A:26 and RSA 215-C:45 accepting money or other valuable consideration for the temporary use of OHRVs and snowmobiles provided to members of the general public.”

(k) “Resident” means “resident” as defined in RSA 215-A:1, XII and RSA 215-C:1, XIV.

(l) “Tracked OHRV” means a wheeled vehicle that has had the wheels or tires removed and replaced with tracks, cleats, or skis.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; amd by #13199, eff 4-30-21

Part Fis 1502 General Administration

N.H. Code Admin. R. Ann. Fis 1502.01 Forms {#sec-fis-1502.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.01}

Whenever a person is required to complete a hardcopy or electronic form, the following shall apply:

(a) Forms shall be filled out completely;

(b) Forms shall be completed in a legible manner; and

(c) All statements made on any form shall be true to the best information and belief of the person making the statement, in accordance with RSA 641:3.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #14306, eff 7-9-25, EXPIRES: 7-9-35

N.H. Code Admin. R. Ann. Fis 1502.02 Incomplete Form {#sec-fis-1502.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.02}

(a) All forms shall be reviewed by the department in accordance with RSA 541-A: 29.

(b) The submitting party shall be notified of any apparent errors or omissions and allowed to resubmit the form to the department, provided that this opportunity shall not extend any date or deadline for the submission of information to the department imposed elsewhere in these rules.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1502.03 Failure to Comply with Statute or Rule {#sec-fis-1502.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.03}

(a) In the event an applicant fails to comply with an applicable statute or rule, the application shall not be processed.

(b) The applicant shall be notified of the reason(s) for the rejection orally if presenting the application in person or by mail if the application has been received in the mail.

(d) If the applicant contests the reason for rejection, the applicant may seek a hearing in accordance with the procedures contained in Fis 200.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1502.04 Fees, Form of Payment. {#sec-fis-1502.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.04}

Whenever an applicant makes payment to the department for satisfaction of a fee, the following shall apply:

(a) Payment shall be made in the form of cash, check, money order, or accepted credit cards;

(b) Checks and money orders shall be made payable to the department or the “State of New Hampshire”. Alternative payees, including “State of New Hampshire Fish and Game”, “New Hampshire Department of Fish and Game”, or “Treasurer - State of New Hampshire”, shall be accepted, provided the payee name does not lend itself to endorsement by any party other than the state of New Hampshire;

(c) Unless otherwise provided in these rules, any fee prescribed by statute or rule shall be submitted in full at the same time as the application; and

(d) No agent as defined in RSA 214-A:1 shall be authorized to refund, adjust, or modify any registration fee once paid by the applicant.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #14306, eff 7-9-25, EXPIRES: 7-9-35

N.H. Code Admin. R. Ann. Fis 1502.05 Checks {#sec-fis-1502.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.05}

(a) Post-dated checks shall not be accepted.

(b) Checks shall be for the exact amount due to the department.

(e) No check shall be accepted which is dated more than 90 days prior to receipt; and

(f) In the event a non-compliant check is presented for payment, the application for registration shall be rejected, and the applicant shall be notified in accordance with Fis 1502.04.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1502.06 Legal Address {#sec-fis-1502.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.06}

Whenever a registrant is required to furnish his or her address by statute or rule, the address shall reflect a street, road, avenue, or like designation. A post office or rural route box number, without more, shall not be adequate.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1502.07 Specific Registration Number. {#sec-fis-1502.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.07}

(a) Registration numbers shall be the property of the state and shall be assigned by the department in accordance with these rules.

(b) Numbers 1-1000 shall be issued annually at headquarters.

(c) Numbers 1-200 shall be approved annually by the executive director or designee, at headquarters, using the following criteria for assignment:

(1) First priority shall be given to persons who:

a. Were assigned one of these numbers in the immediate preceding registration year; and

b. Have registered by April 1st of each registration year;

(2) Any person who fails to register in accordance with subparagraph (1) above shall forfeit the first priority consideration for a specific registration number;

(3) Second priority for any available remaining numbers shall be provided to persons who request such numbers in writing, in the order that such requests are received;

(4) No person shall register more than 2 vehicles in their name; and

(5) A specific registration number no longer needed shall be surrendered and shall not be transferred to another person. Any person wanting the surrendered number shall submit a written request for that number to the executive director or designee.

(d) Snowmobile number “0” shall be assigned annually at headquarters upon the recommendation of the New Hampshire Snowmobile Association following its annual NHSA Easter Seals fundraising auction.

(e) Nothing in paragraph (b) - (d) above shall alter or exempt the payment of fees due for registration of a snowmobile or OHRV as imposed by statute or these rules.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #14306, eff 7-9-25, EXPIRES: 7-9-35

N.H. Code Admin. R. Ann. Fis 1502.08 Registration via the U.S. Mail {#sec-fis-1502.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.08}

(a) An applicant may choose to file an application via the U.S. Mail with department headquarters.

(b) The burden shall be upon the applicant to mail such application sufficiently in advance to leave 5 business days for processing by the department.

(c) No agent of the department shall be authorized to process any application described in these rules received by the agent via the U.S. Mail.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1502.09 Transfer of Registration or License Prohibited {#sec-fis-1502.09 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.09}

(a) The following types of OHRV or snowmobile registration certificates and licenses shall not be eligible to be transferred:

(1) Temporary 10-day OHRV registration;

(2) Permanent registration of an antique OHRV or snowmobile;

(3) Annual dealer license and associated dealer plates;

(4) Annual rental agent license and associated rental decals; and

(5) Any registration that has been suspended or revoked for cause.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1502.10 Transfer of Registration {#sec-fis-1502.10 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.10}

An applicant seeking transfer of a registration certificate shall be permitted to transfer between the same registration type and shall complete and submit the form entitled, “Application for Transfer or Replacement of Current Season Registration and Decals” as revised 3/2020.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1502.11 Replacement of Lost, Stolen, Damaged or Destroyed Decals or Plates {#sec-fis-1502.11 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.11}

An applicant seeking replacement of decals or plates shall be complete and submit the form entitled, “Application for Transfer or Replacement of Current Season Registration and Decals” as revised 3/2020.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1502.12 Replacement of Missing or Destroyed Registration Certificate {#sec-fis-1502.12 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.12}

An applicant seeking replacement of a missing or destroyed registration certificate shall complete and submit the form entitled, “Request for Duplicate of Current Season or Antique Registration Certificate”, as revised 3/2020 at department headquarters, in person, or by mail.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1502.13 Complaints and Hearing {#sec-fis-1502.13 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.13}

Complaints shall be received and administrative hearings shall be conducted in accordance with the procedures set forth in RSA 541-A: 29, Fis 200 and Fis 1800.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1502.14 Validity of Registration {#sec-fis-1502.14 omnilex-key=us-nh-regs-official--agency-fis--Fis 1502.14}

No registration certificate issued by the department pursuant to this chapter shall be treated as valid until the document has been signed in ink by the registrant.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Part Fis 1503 Ohrv and Snowmobile Registration Requirements

N.H. Code Admin. R. Ann. Fis 1503.01 Temporary Nonresident OHRV Registration {#sec-fis-1503.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.01}

(a) An applicant for a 10-day temporary OHRV wheeled vehicle registration, as authorized in RSA 215-A:23, V-b, shall complete and submit the form entitled “Nonresident 10-Day Temporary OHRV (Wheeled Vehicle) Registration Application”, Rev 7/2025, along with a copy of a valid out-of-state drivers’ license or non-driver photo identification, and the correct fee, which shall include the total of the fee specified in RSA 215-A:23, V-b, the agent’s fee specified in RSA 214-A:4, the search and rescue fee specified in RSA 215-A:23, X, and any transaction fee imposed pursuant to RSA 214-A:2, VI-a.

(b) No temporary nonresident OHRV registration shall be effective prior to May 1 or after October 31 of the current year.

(1) Shall be valid only for 10 consecutive calendar days, commencing at the “start time” requested by the applicant;

(2) Shall not be transferable; and

(3) Shall not be replaced by the department if lost, stolen, or destroyed.

(d) A registrant shall only be issued one temporary registration per OHRV in the registration year.

(e) Upon meeting all of the conditions in (a)-(d) above, as applicable, the agent shall provide the certificate of registration and the appropriate registration decal(s) to the applicant.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21; ss by #14306, eff 7-9-25, EXPIRES: 7-9-35

N.H. Code Admin. R. Ann. Fis 1503.02 Annual Registration Electronic {#sec-fis-1503.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.02}

Application Process.

(a) The annual registration described in Fis 1503.03 shall be applied for either electronically, in person at an agent location or headquarters, or through regular mail. If the applicant wishes to apply electronically they shall do so by accessing the application on the department’s online website at https://www.wildlife.nh.gov/highway-recreational-vehicles-ohrv-and-snowmobiles/registering-your-ohrv-or-snowmobile.

(b) An applicant shall provide, in addition to the information required on the form required in Fis 1503.03, the following:

(1) An email address; and

(2) Credit card information required to pay fees.

(c) The electronic application shall include a check box for the applicant to indicate understanding that operation of the registered vehicle shall not be allowed until registration and decals have been received via mail and placed on the vehicle(s), in accordance with RSA 215-A:21, VI or RSA 215-C:36, IX.

(d) The applicant shall pay a processing fee and credit card fee, in addition to the fees specified in Fis 1503.03.

(e) A minimum of 5 business days shall be expected for processing by the department.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; rpld and rsvd by #13199, eff 4-30-21; ss by #14306, eff 7-9-25, EXPIRES: 7-9-35

N.H. Code Admin. R. Ann. Fis 1503.03 Annual Registration of OHRVs and Snowmobiles {#sec-fis-1503.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.03}

(a) OHRV and snowmobile registrations shall be available to an applicant by appearing in person at an agent location or at headquarters, in person or by mail.

(b) An applicant for an annual OHRV or snowmobile vehicle registration shall complete and submit the form entitled “2020-2021 Annual Registration Application”, Rev. 3/2020.

(c) An applicant for an annual OHRV or snowmobile vehicle registration shall pay the agent the correct fee, which includes:

(1) The fee specified in RSA 215-A: 23 or RSA 215-C: 39;

(2) The agent’s fee specified in RSA 214-A: 4;

(3) The search and rescue fee specified in RSA 215-A: 23, X or RSA 215-C: 39, XI; and

(4) Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a.

(d) An applicant seeking to pay a reduced fee based upon snowmobile club membership shall show an NHSA voucher, in either printed or electronic format, at the time of registration, of a valid membership for the corresponding registration year in a New Hampshire non-profit snowmobile club as specified in RSA 215-C:39, I and III, that includes the following:

(1) Member’s first and last name;

(2) Member’s address;

(3) Whether a single or family membership;

(4) If family membership, name of spouse;

(5) A unique NHSA member ID number obtained by the applicant from NHSA;

(6) Date of issue;

(7) The snowmobile registration year to which the NHSA member ID number applies; and

(8) Snowmobile club name.

(e) An applicant seeking to pay a reduced fee based upon wheeled vehicle club membership shall show an NHOHVA voucher, in either printed or electronic format, at the time of registration, of a valid membership for the current corresponding registration year in a New Hampshire non-profit OHRV club as specified in RSA 215-A: 23 I and III, that includes the following:

(1) Member’s first and last name;

(2) Member’s address;

(3) Whether a single or family membership;

(4) If family membership, name of spouse;

(5) A unique NHOHVA member ID number obtained by the applicant from NHOHVA;

(6) Date of issue;

(7) The OHRV registration year to which the NHOHVA member ID number applies; and

(8) OHRV club name.

(f) Upon meeting all of the conditions in (a)-(c) above, as applicable, the agent shall provide the applicant his or her certificate of registration, together with the appropriate registration decal(s).

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1503.04 Permanent Registration of Antique ATVs and Trail Bikes {#sec-fis-1503.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.04}

(a) A permanent registration of an antique ATV or trail bike shall only be available at headquarters, in person, or by mail.

(b) An applicant for a permanent registration of an antique ATV or trail bike, as defined in RSA 215-A: 1, I-c or I-d, shall complete and submit the form entitled, “Antique ATV & Trail Bike Registration Application”, Rev. 3/2020.

(c) An applicant for an antique ATV, trail bike or snowmobile registration shall pay the agent the correct fee, which includes:

(1) The one time permanent fee specified in RSA 215-A: 23;

(2) The agent’s fee specified in RSA 214-A: 4;

(3) The search and rescue fee specified in RSA 215-A: 23, X; and

(4) Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a.

(d) A permanent registration of an antique ATV or trail bike shall:

(1) Be available only to residents of New Hampshire;

(2) Be available only for machines that are at least 25 years old;

(3) Become invalid upon the occurrence of any of the following events:

a. The registrant is no longer a legal resident of New Hampshire;

b. The registrant transfers ownership of the machine, either voluntarily to a person or legal entity of which he is not the beneficiary, or involuntarily by death; or

c. The machine is destroyed.

(e) Upon meeting all of the conditions in (a) – (c) above, as applicable, the department shall provide the applicant his or her certificate of registration, together with the appropriate permanent registration plates.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1503.041 Permanent Registration of Antique Snowmobiles {#sec-fis-1503.041 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.041}

(a) A permanent registration of an antique snowmobile shall only be available at headquarters, in person, or by mail.

(b) An applicant for a permanent registration of an antique snowmobile as defined in RSA 215-C:1, II shall complete and submit the form entitled, “Antique Snowmobile Registration Application”, Rev 7/2025, along with a copy of a valid drivers’ license or non-driver photo identification, and the correct fee, which includes:

(1) The one-time permanent fee specified in RSA 215-C:39;

(2) The agent’s fee specified in RSA 214-A:4;

(3) The search and rescue fee specified in RSA 215-C:39, XI; and

(4) Any transaction fee imposed pursuant to RSA 214-A:2, VI-a.

(1) Be available only for machines manufactured in the year 1994 or prior;

(2) Become invalid upon the occurrence of any of the following events:

a. The registrant transfers ownership of the machine, either voluntarily to a person or legal entity of which the registrant is not the beneficiary, or involuntarily by death; or

b. The machine is destroyed.

(d) Upon meeting all of the conditions in (a) –(c) above, as applicable, the department shall provide the applicant a certificate of registration, together with the appropriate permanent registration plates.

History

#13199, eff 4-30-21; ss by #14306, eff 7-9-25, EXPIRES: 7-9-35

N.H. Code Admin. R. Ann. Fis 1503.05 Business Entity Registration {#sec-fis-1503.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.05}

(a) A business entity registration of an OHRV or snowmobile shall only be available at headquarters, in person, or by mail.

(b) All initial applicants for a business entity registration shall submit a letter on business letterhead, signed by a person with legal authority to bind the applicant entity, to the law enforcement division indicating how the OHRV or snowmobile will be used for business purposes in New Hampshire.

(c) The law enforcement division shall not approve an initial application for a business entity registration unless the applicant certifies that the OHRV or snowmobile shall be operated solely in the ongoing conduct of the business in New Hampshire, and not for the recreational use of an officer, employee, partner, member, shareholder, trustee, or beneficiary of the applicant.

(d) Renewal registration applications for the same business entity shall not require law enforcement division review before the application is processed for issuance of the registration.

(e) An applicant for a business entity registration of an OHRV or snowmobile shall complete and submit the form entitled, “Business Entity Registration Application”, Rev 3/2020.

(f) An applicant for an annual snowmobile or OHRV business entity registration shall pay the agent the correct fee, which includes:

(1) The resident non-club member fee specified in RSA 215-A: 23, or RSA 215-C: 39;

(2) The agent’s fee specified in RSA 214-A: 4;

(3) The search and rescue fee specified in RSA 215-A: 23, X or RSA 215-C: 39, XI; and

(4) Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a.

(g) Upon meeting all of the conditions in (a) - (c) above, as applicable, the agent shall provide the applicant his or her certificate of registration, together with the appropriate registration decal(s).

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1503.06 Trails Maintenance Vehicle Registration {#sec-fis-1503.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.06}

(a) Registration of an OHRV trail maintenance vehicle or snowmobile trail maintenance vehicle as defined in RSA 215-A: 1 or RSA 215-C: 1 shall only be available at headquarters, in person, or by mail.

(b) An applicant for an OHRV trail maintenance vehicle or snowmobile trail maintenance vehicle registration shall complete and submit the form entitled, “Trails Maintenance Vehicle Application For: Cross Country Ski Trails, OHRV Trails, or Snowmobile Trails”, Rev 3/2020.

(c) An applicant for an OHRV or snowmobile trail maintenance vehicle registration shall pay the correct fee, as specified in RSA 215-A: 23, XI or RSA 215-C: 39, XII.

(d) All applications for trail maintenance vehicle registration shall be reviewed and approved by the bureau of trails, department of natural and cultural resources, to confirm that the applicant operates the vehicle for trail maintenance purposes.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1503.07 Tracked OHRV Registration Required {#sec-fis-1503.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.07}

(a) No tracked OHRV shall operate on a state-approved snowmobile trail unless the vehicle is registered as a snowmobile in accordance with Fis 1503.03, except as provided in (b) below.

(b) No tracked OHRV shall operate on a state-approved snowmobile trail if the total width of the vehicle at any point exceeds 54 inches, or the total weight of the vehicle exceeds 1,200 pounds except:

(1) On property with written landowner permission pursuant to RSA 215-A: 29, XI or RSA 215-C: 49, XIII; or

(2) On frozen bodies of water where snowmobile use is allowed.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1503.08 Government Vehicle Permanent Registration {#sec-fis-1503.08 omnilex-key=us-nh-regs-official--agency-fis--Fis 1503.08}

(a) Pursuant to RSA 215-A:25 and RSA 215-C:44, OHRV and snowmobile vehicles operated in this state by the federal government, the state of New Hampshire, or any political subdivision of the state of New Hampshire shall be registered to the governmental entity.

(b) Governmental vehicle registration shall only be available at department headquarters in person, or by mail.

(c) The governmental entity shall provide a letter on its organizational letterhead to the law enforcement division containing the following information:

(1) Name and telephone number of a contact person;

(2) Type of vehicle to be registered;

(3) Year of vehicle manufacture;

(4) Vehicle make and model;

(5) Vehicle primary and secondary colors;

(6) Vehicle identification number; and

(7) Engine displacement.

(d) No fee shall be collected for a government vehicle registration.

(e) Upon meeting all of the above conditions, the department shall provide the applicant with a certificate of registration, together with the appropriate permanent registration plates.

(f) Registration for governmental use does not constitute approval for operation upon a public way, or operation of the vehicle for a recreational use.

(g) The governmental entity shall advise the department in writing when the vehicle has been removed from service, and:

(1) Shall return the plate to the department if no replacement vehicle is placed in service; or

(2) Shall provide the information required in (c) above to allow issuance of a new certificate of registration and transfer of the permanent plate to a replacement vehicle.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Part Fis 1504 Dealers

N.H. Code Admin. R. Ann. Fis 1504.01 Application for Annual Dealer License {#sec-fis-1504.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1504.01}

(a) An applicant for an annual dealer license may apply in person or by mail at department headquarters.

(b) The applicant for an initial annual dealer license shall complete and submit the form entitled “OHRV/Snowmobile Dealer Application”, Rev 3/2020.

(1) The annual dealer license fee imposed by RSA 215-A: 26, IV or RSA 215-C: 45, IV;

(2) The dealer registration fee imposed by RSA 215-A: 23, IV or RSA 215-C: 39, IV for each plate requested;

(3) Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a;

(4) The agent’s fee specified in RSA 214-A: 4, and

(5) The search and rescue fee specified in RSA 215-A: 23, X or RSA 215-C: 39, XI.

(d) By signing the form, the applicant shall acknowledge the duty to:

(1) Comply with RSA 215-A: 26-a and RSA 215-C: 46, and that a failure to comply shall constitute grounds for suspension or revocation of the dealer license;

(2) Notify the department prior to any change in the name or physical address of the licensed business; and

(3) Use issued dealer plates in accordance with RSA 215-A:26, RSA 215-C:46 and Fis 1504.

(e) Applications shall be submitted to the department:

(1) At least 30 days prior to the date the applicant intends to operate as a dealer for initial applications; or

(2) For renewal applications, on or before May 1 of each year.

(f) A dealer may at any time during the registration year request additional dealer plates, up to the maximum number allowed by Fis 1504.04, by placing the request in writing to headquarters, and including the dealer registration fee, transaction fee, agent fee, and search and rescue fee described in (c) above.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1504.02 Processing of Applications for Annual Dealer License {#sec-fis-1504.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1504.02}

(a) Upon receipt of an application for an annual dealer license or dealer plate registration, the department shall examine and verify the information provided, and approve the application unless:

(1) The individual owner or the business entity has been convicted of an OHRV or snowmobile violation for which any unpaid fine remains outstanding, or for which any period of suspension has not expired;

(2) The individual owner or business entity has been found in any proceeding to have misused dealer plates, or is unable to account for the current location of any dealer plates previously issued in accordance with Fis 1504.01; or

(3) The applicant does not operate a physical sales location within the state of New Hampshire.

(b) An annual dealer license shall be issued only to the person or business entity that makes application for the license.

(c) The decision of the executive director to either approve or deny the application for an annual dealer license or dealer plate registration shall be given to the applicant in accordance with RSA 541-A:29 by:

(1) Issuing an annual dealer license certificate and dealer certificates of registration, together with the number of dealer plates requested, for a term to expire upon the subsequent April 30; or

(2) A letter of denial, setting forth the reason under (a) above why the application for initial approval or renewal of an annual dealer license was not approved in whole or in part, and advising the applicant of his or her right to seek a hearing to contest the decision.

(d) Within 30 days of the issuance of a letter denying an application for initial or renewal of an annual dealer license or dealer plate registration, the applicant may request a hearing to contest the decision in accordance with the procedures set forth in Fis 200.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1504.03 Termination or Transfer of Ownership of Business {#sec-fis-1504.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1504.03}

(a) The holder of an annual dealer license shall return all dealer registration plates to the department within 3 days of the occurrence of any of the following events:

(1) The dealer ceases to conduct business under the name shown on the license;

(2) The dealer transfers ownership of his or her business to another person or entity; or

(3) The dealer is convicted of an OHRV or snowmobile offense in a New Hampshire court which results in a suspension or revocation of an OHRV or snowmobile registration.

(b) All dealer registration plates issued to a dealer shall be returned to the department in the event the annual license expires, and the dealer does not have a renewal application pending before the department.

(c) In the event the dealer registration plates are not returned in a timely manner, the matter shall be referred to law enforcement for further action.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1504.04 Dealer Plates {#sec-fis-1504.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1504.04}

(a) The number of dealer plates issued upon the approval of an annual dealer license application shall be:

(1) Determined by the department during the processing of the application; and

(2) Limited to 4 plates per full time person treated as an employee of the dealer’s business who offers OHRV or snowmobile vehicles for sale to the general public, to a maximum of 8 plates per business location.

(b) A licensed dealer shall account for the physical whereabouts and use of all such dealer plates upon the request of a representative of the department or of a representative of a law enforcement agency authorized to enforce the provisions of RSA 215-A and 215-C.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1504.05 Required Disclosure Statement {#sec-fis-1504.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1504.05}

(a) Pursuant to RSA 215-A: 26-a and RSA 215-C: 46, each licensed dealer shall, prior to delivery of a purchased snowmobile or OHRV, provide the purchaser with a department-supplied “OHRV/Snowmobile Rules Disclosure Statement” form, and:

(1) The dealer shall insert the name of the licensed dealership, its business address, and the name of the purchaser; and

(2) The purchaser shall legibly sign and date the document.

(b) One copy of the statement form shall be retained by the dealer for a period of 3 years, one copy shall be provided to the purchaser, and one copy shall be remitted to department headquarters at 11 Hazen Drive, Concord, NH 03301within 30 days of the transaction.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1504.06 Revocation of Dealer License {#sec-fis-1504.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1504.06}

(a) Any person may complain to the executive director of the department if that person has reason to believe that a licensed dealer has failed to comply with any provision of RSA 215-A, RSA 215-C, or these rules.

(b) Any action seeking the suspension or revocation of an annual dealer license shall be taken in accordance with RSA 541-A: 30 and Fis 200.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Part Fis 1505 Rental Agents

N.H. Code Admin. R. Ann. Fis 1505.01 Application for Annual Rental Agent Licenses {#sec-fis-1505.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1505.01}

(a) An applicant for an annual rental agent license may apply in person or by mail at department headquarters.

(b) The applicant for an annual rental agent license shall complete and submit the form entitled “OHRV/Snowmobile Rental Agent Application”, Rev. 03/2020.

(1) The annual rental agent license fee imposed by RSA 215-A: 26, IV or RSA 215-C: 45, IV;

(2) Any transaction fee imposed pursuant to RSA 214-A: 2, VI-a;

(3) The agent’s fee specified in RSA 214-A: 4;

(4) The search and rescue fee specified in RSA 215-A: 23, X or RSA 215-C: 39, XI; and

(5) The rental registration fee imposed by RSA 215-A: 23, IV-a or RSA 215-C:39, V for each decal requested.

(d) By signing the form, the applicant acknowledges the duty to:

(1) Comply with RSA 215-A: 26-a and RSA 215-C: 46, and that a failure to comply shall constitute grounds for suspension or revocation of the rental agent license;

(2) Notify the department prior to any change in the name or physical address of the licensed business; and

(3) Use issued rental decals in accordance with RSA 215-A:26, RSA 215-C:46 and Fis 1505.

(e) Applications shall be submitted to the department:

(1) At least 30 days prior to the date the applicant intends to operate as a rental agent for initial applications; or

(2) At least 5 business days prior to approval for renewal applications.

(f) A rental agent may at any time during the registration year request additional registrations and decals by placing the request in writing to headquarters and including the rental registration fees described in (c) above.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1505.02 Processing of Applications for Annual Rental Agent License {#sec-fis-1505.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1505.02}

(a) Upon receipt of the application for an annual rental agent license, the department shall examine and verify the information provided, and approve the application unless:

(2) The individual owner or business entity has been found in any proceeding to have misused rental agent registration decals; or

(3) The individual owner or the business entity as applicant is solely engaged in the purchase, sale, exchange or service of OHRVs or snowmobiles by the general public, in which case the applicant shall not be licensed as a rental agent, but shall be evaluated for licensure as a dealer.

(b) An annual rental agent license shall be issued only to the person or business entity that makes application for the license.

(c) The decision of the executive director to either approve or deny the application for an annual rental agent license shall be given to the applicant in accordance with RSA 541-A:29 by:

(1) Issuing an annual rental agent license certificate, together with the number of rental registration decals requested, for a term to expire upon the subsequent April 30; or

(2) Issuing a letter of denial, setting forth the reason under (a) above why the application for initial approval or renewal of an annual rental agent license was not approved, and advising the applicant of his or her right to seek a hearing to contest the decision.

(d) Within 30 days of the issuance of a letter denying an application for initial or renewal of an annual rental agent license, the applicant may request a hearing to contest the decision in accordance with the procedures set forth in Fis 200.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1505.03 Termination or Transfer of Ownership of Business {#sec-fis-1505.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1505.03}

(a) The holder of an annual rental agent license shall return all rental registration decals and registration certificates to the department within 3 days of the occurrence of any of the following events:

(1) The rental agent ceases to conduct business under the name shown on the license;

(2) The rental agent transfers ownership of his or her business to another person or entity; or

(3) The rental agent is notified by the department of the suspension or revocation of the annual rental agent license.

(b) In the event the rental registration decals are not returned in a timely manner, the matter shall be referred to law enforcement for further action.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1505.04 Rental Decals {#sec-fis-1505.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1505.04}

(a) A licensed rental agent shall account for the physical whereabouts and use of all such rental decals upon the request of a representative of the department or of a representative of a law enforcement agency authorized to enforce the provisions of RSA 215-A and 215-C.

(b) A rental agent who transfers ownership of an OHRV or snowmobile owned by the rental agent shall not be entitled to transfer the registration to a replacement OHRV or snowmobile, but shall obtain a new rental registration in accordance with these rules.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1505.05 Required Disclosure Statement {#sec-fis-1505.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1505.05}

(a) Pursuant to RSA 215-A: 26-a and RSA 215-C: 46, each licensed rental agent shall, prior to delivery of a rented snowmobile or OHRV, provide the renter with a department-supplied “OHRV/Snowmobile Rules Disclosure Statement” form, and:

(1) The rental agent shall insert the name of the licensed rental business, its business address, and the name of the renter; and

(2) The renter shall legibly sign and date the document.

(b) One copy of the statement form shall be retained by the rental agent for a period of 3 years, one copy shall be provided to the renter, and one copy shall be remitted to department headquarters at 11 Hazen Drive, Concord, NH 03301within 30 days of the transaction.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1505.06 Revocation of Rental Agent License {#sec-fis-1505.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1505.06}

(a) Any person may complain to the executive director of the department if that person has reason to believe that a licensed rental agent has failed to comply with any provision of RSA 215-A, RSA 215-C, or these rules.

(b) Any action seeking the suspension or revocation of an annual rental agent license shall be taken in accordance with RSA 541-A: 30 and Fis 200.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Part Fis 1506 Ohrv and Snowmobile Event Permits

N.H. Code Admin. R. Ann. Fis 1506.01 Event Permit {#sec-fis-1506.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1506.01}

(a) Each applicant for an OHRV and snowmobile event permit under RSA 215-A: 30 or RSA 215-C: 50 shall complete and submit an “OHRV/Snowmobile Event Permit” form at least 45 days prior to the scheduled first day of the event.

(b) The applicant for an event permit shall provide in writing the following:

(1) Name and address of applicant and/or organized club;

(2) Address of the event location;

(3) A list of all event dates;

(4) A detailed sketch/diagram of event course;

(5) Names of landowners and assurance that landowner permission has been obtained pursuant to RSA 215-A: 29, XI and RSA 215-C: 49, XII;

(6) A list of all towns in which the event is to be conducted and assurance that officials from the respective towns have been notified;

(7) A detailed statement outlining the nature of the event to include but not be limited to type of race, rally, contest, antique meet, or charitable fundraiser indicating intended recipient(s), defined boundaries of event, prescribed course or designated trail, as applicable; and

(8) The applicant’s signature signed subject to the penalties for unsworn false statements under RSA 641:3.

(c) Event permit applications for events shall not be approved by the executive director if any of the following conditions exist:

(1) The application is incomplete or does not conform to the definition set forth in Fis 1501.01(d) or any other provision of Fis 1500;

(2) Rest room facilities are not provided for participants and spectators;

(3) Previous events held by the applicant have proved unsafe to participants or spectators, and applicant has not taken steps to rectify such unsafe conditions;

(4) Checks previously submitted for racing or event permits have not been honored; and

(5) The application has been submitted less than 45 days prior to the scheduled first day of the event as required in Fis 1505.01(a).

(d) A permittee may file a modified list of events on a new application form within the same registration year and shall not be required to submit an additional fee.

(e) All event permits shall expire at midnight of the date of the last event shown on the issued permit following the date of issuance.

(f) The event organizer shall take necessary precautions pursuant to RSA 215-A or RSA 215-C at highway crossings to ensure the safety of event participants and motor vehicle operators at each crossing.

(g) A copy of the event permit shall be available for inspection upon request of a law enforcement officer for the entire duration of the event.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Part Fis 1507 Certificate of Registration, Decal and Plate Placement

N.H. Code Admin. R. Ann. Fis 1507.01 Snowmobile Decal Placement {#sec-fis-1507.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1507.01}

(a) Pursuant to RSA 215-C: 36, V and IX, no person shall operate a snowmobile unless the registration decals are attached, by the registrant, to the vehicle as follows:

(1) Decals shall be placed on each side of the snowmobile cowling or on the outside of the windshield;

(2) Decals shall be placed so that both are clearly visible and not obstructed; and

(3) The lower edge of each decal shall be parallel with the ground.

(b) No person shall place an altered registration decal on a vehicle.

(c) No person shall affix or permit to be affixed to a snowmobile a registration decal or plate that has been assigned by the department, or the registration authority of another jurisdiction, to another snowmobile.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; amd by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1507.02 OHRV Decal Placement {#sec-fis-1507.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1507.02}

(a) Pursuant to RSA 215-A: 21, V and VI, no person shall operate an OHRV unless the registration decals are attached, by the registrant, to the vehicle as follows:

(1) The registrant shall place one decal on the front fender and one decal on the rear fender, or at locations provided by the manufacturer;

(2) The registrant shall place decals so that they are clearly visible and not obstructed; and

(3) No decal shall be placed on a part of the vehicle that can be readily removed and used upon a different machine, including but not limited to a removable tailgate.

(b) No person shall alter a registration decal on a vehicle.

(c) No person shall affix or permit to be affixed to an OHRV a registration decal or plate that has been assigned by the department, or the registration authority of another jurisdiction, to another OHRV.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; amd by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1507.03 Trails Maintenance Vehicle Decal Placement {#sec-fis-1507.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1507.03}

(a) Pursuant to RSA 215-A: 21, V-a (a) or RSA 215-C: 36, VIII (a), no person shall operate a trails maintenance vehicle unless the registration decal is attached, by the registrant, to the vehicle as follows:

(1) If the vehicle is a snowmobile trails maintenance vehicle the decals shall be placed:

a. In one of the following locations:

On each side of the vehicle;
On the outside of the windshield; or
At a location provided by the manufacturer;

b. So that both are clearly visible and not obstructed; and

c. So the lower edge of each decal shall be parallel with the ground; and

(2) If the vehicle is an OHRV trails maintenance vehicle:

a. One decal shall be placed on the front fender and one decal on the rear fender or at a location provided by the manufacturer; and

b. Decals shall be placed so they are clearly visible and not obstructed.

(b) No person shall place an altered registration decal on a vehicle.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1507.04 Certificate of Registration {#sec-fis-1507.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1507.04}

Pursuant to RSA 215-A: 21, VII, and RSA 215-C: 36, X the certificate of registration of the machine shall be carried while the machine is in operation.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1507.05 Dealer and Rental Vehicles {#sec-fis-1507.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1507.05}

(a) Any person operating an OHRV or snowmobile under the registration of a licensed dealer shall physically carry a dealer plate on the unit while the vehicle is in operation.

(b) Any person operating an OHRV or snowmobile under the registration of a rental agent shall display registration decals on the unit in accordance with Fis 1507.01 or Fis 1507.02 while the vehicle is in operation.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Part Fis 1508 Ohrv or Snowmobile Safety Education Program

N.H. Code Admin. R. Ann. Fis 1508.01 Course Description and Requirements {#sec-fis-1508.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1508.01}

(a) The OHRV and snowmobile safety education course shall be available in these formats:

(1) Online course materials, which shall be available at the department’s website at https://wildlife.state.nh.us/ohrv/education.html; or

(2) In person course, offered live by a department-certified volunteer instructor or paid department staff, with printed course materials.

(b) Each course shall consist of the following study materials, whether provided to the student in printed or electronic format:

(1) Current safety instruction manual; and

(2) Current New Hampshire specific OHRV and snowmobile law digest publication, as modified annually to incorporate legislative and rule changes made in the preceding year.

(c) Each course shall consist of no less than 5.5 hours of online study or classroom time, not to include the time required to complete the written or electronic examination.

(d) In order to receive a certificate of completion as required by RSA 215-A: 29, I (b)(1) or 215-C:49, I (b)(1), a student shall:

(1) Attend at least 5.5 hours of a scheduled live training class or complete all timed sections of the online course; and

(2) Either:

a. Pass a written examination on material contained in the current safety instruction manual and current OHRV and snowmobile law digest in the presence of the live volunteer instructor or paid department staff with a minimum score of 70%; or

b. Pass an online electronic examination based upon the electronic study materials with a minimum score of 80%.

(e) The online course may be taken over any period of time that the user may desire, and the online electronic examination may be taken as often as necessary to achieve the required passing grade.

(f) The live training course shall be offered in its entirety in a single day, provided that:

(1) At least one certified OHRV or snowmobile instructor shall be present during the entire course;

(2) The examination shall be offered at the end of the training session; and

(3) Upon the request of any student, an instructor shall give the exam orally to that person and record the student’s answers.

(g) A person who fails to pass the required examination in a live session may:

(1) Attend a different live session and take the examination again at the end of that session; or

(2) Elect to take the required course online, and take the online examination as often as necessary to achieve the required passing grade.

(h) No practical skills test to examine the riding skills of a student shall be required to obtain a certificate of completion of the safety education course.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1508.02 Student Registration {#sec-fis-1508.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1508.02}

(a) To take the online course:

(1) Any person may register to take the online course at the department’s website at https://wildlife.state.nh.us/ohrv/education.html;

(2) There shall be no charge to review the study materials for the online course; and

(3) A charge shall be made by and for the benefit of the online course provider at the time of examination and provision of a temporary certificate of completion. None of these funds shall be remitted to the fish and game department.

(b) A student shall be at least 11 years of age in order to attend a live training course and receive the certificate of completion, provided that such certification shall not be valid until that student reaches his or her 12th birthday.

(c) Instructors may allow a person of any age to attend a live safety education courses if classroom size and facilities permit, provided that persons 11 years of age and older and persons who do not possess a motor vehicle driver license from any state shall be given priority to attend if class size restrictions exist.

(d) A person seeking to attend a live training course shall provide the following to the volunteer course instructor or paid department staff, who shall enter the information on a student registration card:

(1) Name, address, date of birth, and sex of student;

(2) Training location desired;

(3) Date of session requested;

(4) Type of training requested; and

(5) Signature of a parent or guardian of any student less than 18 years of age providing permission to attend the live training course.

(e) No student shall be charged a fee in order to participate in a live training session of an OHRV or snowmobile safety education program course.

(f) Upon completion of the live training session of a course, the instructor shall notify the department in writing within 15 days of the completion of the course on the form entitled, “Off Highway Recreational Vehicle Safety Education Program Final Report” of the following:

(1) Date, time and location of the class;

(2) Name and address of the course sponsor(s);

(3) The name of the conservation officer who attended the class;

(4) The name and address of any instructors participating in the class;

(5) The name of each student registered for the class, and whether or not the student successfully completed the required course hours of instruction and passed the required examination; and

(6) For each student who did not successfully complete the course; the instructor shall note the reason for failure on the rear of the student registration card of the student.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1508.03 Duplicate Certificates {#sec-fis-1508.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1508.03}

Students who have successfully completed an OHRV or snowmobile safety course may obtain a duplicate certificate of completion without charge by contacting the law enforcement division of the department.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1508.04 Instructor Certification {#sec-fis-1508.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1508.04}

(a) Applicants for OHRV or snowmobile volunteer instructor positions shall provide the following to the department in writing by filing with the law enforcement division a “Volunteer Instructor Application” form with the following information:

(1) Name;

(2) Legal and mailing address;

(3) Date of birth and sex;

(4) County of residence;

(5) Home and mobile telephone numbers and email addresses;

(6) Size of shirt normally worn;

(7) Club affiliations; and

(8) A signed and notarized department of safety “Criminal History Record Information Release Authorization Form” DSSP256, effective 7/15/16, to allow the department to perform a criminal background check of the applicant in accordance with (b) below.

(b) Individuals who meet the following criteria shall be qualified and approved to sit for a written knowledge examination:

(1) The person is at least 21 years of age;

(2) A check of the state bureau of criminal investigation records and the department's arrest records shows no record of:

a. A felony conviction of any type at any time;

b. Conviction of a misdemeanor of any type within the 5 year period preceding the date of application; or

c. Conviction of a fish and game violation under Title XVIII of the New Hampshire Revised Statutes Annotated or the administrative rules of the department within the last year.

(c) Qualified individuals who pass the written knowledge examination prescribed by the department with a minimum score of 80% shall be certified as instructors for a period to end upon December 31 of the next even numbered year.

(d) Certified instructors shall receive:

(1) An instructor's manual;

(2) Certification card with expiration date;

(3) A distinctive shirt issued by the department;

(4) An individual subscription to department publications; and

(5) Evidence of liability insurance coverage that is provided by the department for certified volunteer instructors for conducting an OHRV or snowmobile safety course.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1508.05 Instructor Requirements {#sec-fis-1508.05 omnilex-key=us-nh-regs-official--agency-fis--Fis 1508.05}

Certified OHRV or snowmobile volunteer instructors shall:

(a) Abide by all current OHRV and snowmobile laws and rules;

(b) Attend one or more department sponsored training sessions during the certification period, to accumulate at least 4 hours of instructor training;

(d) Instruct sessions and offer all examinations in accordance with the instructor manual and the approved curriculum; and

(e) Return all required reports to the law enforcement division within 15 days of the completion of a course.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1508.06 Instructor Re-certification {#sec-fis-1508.06 omnilex-key=us-nh-regs-official--agency-fis--Fis 1508.06}

(a) Prior to the expiration date of volunteer instructor certification, an instructor shall be notified by the executive director or his designee that such certification will expire.

(b) A certified instructor seeking recertification shall verify in writing by filing a letter with the law enforcement division that all information already provided previously by the applicant remains accurate, including the person’s address and telephone number, and the absence of any convictions for a felony, misdemeanor, or fish and game law or rule violation since the date of the original application or last recertification.

(1) Been convicted of a felony, misdemeanor, or fish and game law or rule violation since the date of the original application or last recertification; or

(2) Failed to abide by the requirements of Fis 1508.05.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1508.07 Instructor Certification Termination {#sec-fis-1508.07 omnilex-key=us-nh-regs-official--agency-fis--Fis 1508.07}

(a) OHRV or snowmobile volunteer instructor certification shall be revoked by the executive director for:

(1) Conviction of a felony, misdemeanor, or fish and game law or rule violation;

(2) The consumption of alcoholic beverages within 2 hours before or during OHRV or snowmobile safety training courses;

(3) Physical or verbal abuse of students;

(4) Reckless or careless operation of an OHRV or snowmobile during an OHRV or snowmobile safety training course;

(5) Failure to make payment for any service rendered by the department or its agents; or

(6) Failure to maintain the minimum course requirements and standards.

(b) Instructors may notify the department in writing at any time if they wish to voluntarily terminate their OHRV or snowmobile instructor certification.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Part Fis 1509 Reciprocity

N.H. Code Admin. R. Ann. Fis 1509.01 Snowmobile Reciprocity {#sec-fis-1509.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1509.01}

(a) NH/VT commerce zone trails shall be open to snowmobiles displaying both:

(1) Pursuant to Vermont law, a valid Vermont Association of Snow Travelers, Inc. trails maintenance assessment decal, also known as the VAST trails pass; and

(2) A valid registration decal from any state or province.

(b) NH/VT commerce zone trails, identified with signs as such, shall consist of all legal snowmobile trails located in the towns of Lancaster, Northumberland, Stratford, Columbia, Colebrook, and Stewartstown from the New Hampshire/Vermont state line east to U.S. Route 3.

(d) NH/ME border trails shall be identified with signs as such and shall be as follows:

(1) State corridor trail 19 located in the towns of Chatham and Shelburne; and

(2) State corridor trail ITS 82 and 82A coming into the town of Cambridge.

(e) All trails in NH shall be open to snow traveling maintenance vehicles registered in Maine.

(f) All snowmobile trails shall be open to vehicles registered to agencies of the state of Maine, provided that the vehicles are used for official purposes.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1509.02 Wheeled Vehicle Reciprocity {#sec-fis-1509.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1509.02}

(a) NH/VT commerce zone trails shall be open to OHRVs displaying both:

(1) Pursuant to Vermont law, a valid Vermont ATV Sportsman's Association (VASA) trail access decal (TAD); and

(2) A valid registration decal from any state or province.

(b) NH/VT commerce zone trails, identified with signs as such, shall consist of legal wheeled vehicle trails located in the towns of Stratford, Colebrook, and Stewartstown from the New Hampshire/Vermont state line east to U.S. Route 3.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; ss by #13199, eff 4-30-21

Part Fis 1510 Sound Levels of Snowmobiles

N.H. Code Admin. R. Ann. Fis 1510.01 Purpose {#sec-fis-1510.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1510.01}

The purpose of this part is to describe sound level limits and test procedures to be used by conservation officers to detect the exhaust sound emissions of stationary snowmobiles for the purpose of enforcing RSA 215-C: 28.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1510.02 Definitions {#sec-fis-1510.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1510.02}

(a) “Muffler” means “muffler” as defined in RSA 259:66.

(b) “Operate" means “operate” as defined in RSA 215-C:1, VIII.

(d) “Snowmobile” means “snowmobile” as defined in RSA 215-C:1.

(e) “Sound level" means total noise emission from the entire snowmobile.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1510.03 Sound Level Limits for Stationary Snowmobiles {#sec-fis-1510.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1510.03}

(a) No snowmobile shall be manufactured, sold, offered for sale, or operated in this state which produces a sound level of more than 82 decibels of “A” sound pressure as measured using the Society of Automotive Engineers (SAE) J2567_201511 standard, available as described in Appendix A attached hereto.

(b) No snowmobile shall be manufactured, sold, offered for sale, or operated in this state unless:

(1) It is equipped with a muffler in good working order; and

(2) In accordance with RSA 215-C:28, I, it meets the minimum safety standards for snowmobile product certification of the Snowmobile Safety and Certification Committee in effect at the time of its manufacture.

(c) No person shall operate a snowmobile in this state that is equipped with a muffler cut out, by-pass switch, or similar device that serves to prevent exhaust gases from being received by the installed muffler.

(d) The operator or owner of any snowmobile shall, when requested by any law enforcement officer, submit his or her vehicle to a sound test conducted pursuant to Fis 1510.04.

(e) The provisions of paragraph (a), (b), and (c) shall not apply to snowmobiles operated at permitted snowmobile events as defined in Fis 1501.01(d).

(f) Any OHRV that has been converted to operate on skis, tracks, or cleats, including, but not limited to a snow bike or tracked ATV, shall comply with the provisions of Fis 1511.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18; amd by #13199, eff 4-30-21

N.H. Code Admin. R. Ann. Fis 1510.04 Testing Procedures for Stationary Snowmobiles {#sec-fis-1510.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1510.04}

(a) All snowmobile sound level testing procedures and equipment used to carry out those procedures shall be in accordance with the Society of Automotive Engineers Standards for Measurement of Exhaust Sound Levels of Stationary Snowmobiles, Standard J2567-201511, available as described in Appendix A.

(b) Copies of the Society of Automotive Engineers Standards for Measurement of Exhaust Sound Levels of Stationary Snowmobiles, Standard J2567-201511, shall be available for inspection at the New Hampshire Fish and Game Department, 11 Hazen Drive, Concord, NH 03301, or for purchase at The Society of Automotive Engineers Inc., 400 Commonwealth Drive, Warrendale, PA 1509.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Part Fis 1511 SOUND LEVELS OF OHRV’s

N.H. Code Admin. R. Ann. Fis 1511.01 Purpose {#sec-fis-1511.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1511.01}

The purpose of this part is to describe sound level limits and test procedures to be used by conservation officers to detect the exhaust sound emissions of ATV’s UTV’s, trail bikes, or any other OHRV for the purpose of enforcing RSA 215-A:12.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1511.02 Definitions {#sec-fis-1511.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1511.02}

(a) “All-Terrain Vehicle (ATV)” means “all-terrain vehicle” as defined in RSA 215-A:1, I-b.

(b) “Muffler” means “muffler” as defined in RSA 259:66.

(d) “Operate" means “operate” as defined in RSA 215-A:1, VII.

(e) “Operator” means “operator” as defined in RSA 215-A:1, VII.

(f) “Sound level" means total noise emission from the entire vehicle.

(g) “Trail bike” means “trail bike” as defined in RSA 215-A:1, XIV.

(h) “Utility Terrain Vehicle (UTV)” means “utility terrain vehicle” as defined in RSA 215-A:1, XXIV.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1511.03 Sound Level Limits for Stationary ATVs, UTVs, Trail Bikes, and any other OHRV {#sec-fis-1511.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1511.03}

(a) No ATV, trail bike, UTV, or any other OHRV shall be manufactured, sold, offered for sale, or operated in this state which produces a sound level of more than 96 decibels of A sound pressure when measured in accordance with the Society of Automotive Engineers (SAE) J1287-201704 standard available as described in Appendix A attached hereto.

(b) No ATV, trail bike, UTV, or any other OHRV shall be manufactured, sold, offered for sale, or operated in this state unless it is equipped with a muffler in good working order and with a functioning spark arrester of a type approved by the U.S. Forest Service. This paragraph shall not apply to any OHRV that is operated exclusively by means of an electric motor.

(c) No person shall operate an ATV, trail bike, UTV, or any other OHRV in this state that is equipped with a muffler cut out, by pass switch or similar device that serves to prevent exhaust gases from being received by the installed muffler.

(d) The operator or owner of any ATV, UTV, trail bike, or any other OHRV shall, when requested by any law enforcement officer, submit his or her vehicle to a sound test conducted pursuant to Fis 1511.04.

(e) The provisions of paragraphs (a), (b), (c), (d), and (e) shall not apply to ATV’s, UTV’s, trail bikes, or any other OHRV operated at permitted OHRV events as defined in Fis 1501.01(d).

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

N.H. Code Admin. R. Ann. Fis 1511.04 Testing Procedures for Stationary ATV, UTV, and Trail Bike Sound Levels {#sec-fis-1511.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1511.04}

(a) All OHRV sound level testing procedures and equipment used to carry out those procedures shall be in accordance with the Society of Automotive Engineers (SAE) Standards for Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles, J1287- 201704 Standard available as described in Appendix A attached hereto.

(b) Copies of the Society of Automotive Engineers Standards for Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles, J1287- 201704 Standard, shall be available for inspection at the New Hampshire Fish and Game Department, 11 Hazen Drive, Concord, NH 03301or for purchase at the Society of Automotive Engineers Inc., 400 Commonwealth Drive, Warrendale, PA 15096.

APPENDIX A – INCORPORATION BY REFERENCE

Rule

Title

Obtain at:

Fis 1510.03(a)

Fis 1510.04 (a)

Standards for Measurement of Exhaust Sound Levels of Stationary Snowmobiles Standard J2567-201511

The Society of Automotive Engineers Inc.,

400 Commonwealth Drive

Warrendale, PA 15096

Online at sae.org, or

Call a customer service representative, Monday through Friday 8:00 am to 5:00 Eastern time

1-877-606-7323 (U.S. and Canada)

724-776-4970 (Outside the U.S. and Canada)

Mail your order to:

SAE Customer Service

400 Commonwealth Drive

Warrendale, PA 15096-0001

Cost is $76.00

Fis 1511.04(a)

Standards for Measurement of Exhaust Sound Pressure Levels of Stationary Motorcycles, J1287- 201704 Standard

Society of Automotive Engineers Inc.,

400 Commonwealth Drive

Warrendale, PA 15096

Online via sae.org, or

Call a customer service representative, Monday through Friday 8:00 am to 5:00 Eastern time

1-877-606-7323 (U.S. and Canada)

724-776-4970 (Outside the U.S. and Canada)

Mail your order to:

SAE Customer Service

400 Commonwealth Drive

Warrendale, PA 15096-0001

Cost is $76.00

APPENDIX B

Rule(s)

State Statute (RSA)

Federal Statute

Federal Regulation

Fis 1501.01-1503.08

RSA 215-A:21, 215-A: 23, VIII, 215-C:36, VIII

Fis 1501.01(a), Fis 1502.10-1502.12

RSA 215-A:21; RSA 215-A: 23, VIII; RSA215-C:36, VIII

Fis 1502.01

RSA 206:10, I; RSA 215-A:32, I(b); RSA 215-C:36, III; RSA 641:3

Fis 1502.10-1502.12

RSA 215-A:21; RSA 215-A: 23, VIII; RSA215-C:36, VIII

Fis 1502.04

RSA 206:10, I; RSA 215-A:32, I(b); RSA 215-C:36, III

Fis 1502.07

RSA 206:10, I; RSA 215-A:21, II and V

Fis 1503.01

RSA 206:10, I; RSA 215-A:21, V

Fis 1503.02

RSA 206:10, I; RSA 214-A:2, VI-a; RSA 214-A:4; RSA 215-A:23;

RSA 215-A:32, I; RSA 215-A:45; RSA 215-C:36, III; RSA 215-C:39; RSA 215-C:59

Fis 1503.041

RSA 206:10, I; RSA 215-C:36, VI; RSA 215-C:39, II

Fis 1504.01, Fis 1504.02, Fis 1505.01, and Fis 1505.02

RSA 215-A:26; RSA 215-C:45

Fis 1506.01

RSA 215-A:30, 215-C:50

Fis 1507.01-1507.04

RSA 215-A:21, 215-C:36

Fis 1507.01(c) and Fis 1507.02(c)

RSA 215-A:21; RSA 215-C:36

Fis 1507.05

RSA 215-A:29; RSA 215-C:49

Fis 1508.01-1508.07

RSA 215-A:23, VIII; 215-C:39, VIII

Fis 1509.01 and Fis 1509.02

RSA 215-A:27; RSA 215-C:47

Fis 1510.01-1511.04

RSA 215-A:13, 215-C:29

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1500) #12590, eff 7-25-18

Chapter Fis 1600 Statewide Public Waters Access Program

Part Fis 1601 Chapter Definitions

N.H. Code Admin. R. Ann. Fis 1601.01 Definitions {#sec-fis-1601.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1601.01}

(a) “Boat” means “boat” as defined in RSA 270-D:1, I, namely “every description of motorized or non-motorized watercraft other than seaplanes, capable of being used as a means of transportation on the water and which is primarily used for noncommercial purposes, or leased, rented, loaned or chartered to another for such use.”

(b) “Cartop” means a canoe, kayak, rowboat, sailboat, inflatable boat, paddleboard, or other watercraft that is:

(1) Hand-portable to the water’s edge; and

(2) Able to be launched with or without a developed boat launch area.

(d) “Executive director” means the executive director of the fish and game department.

(e) “Public boat access area” means “public boat access area” as defined in RSA 233-A: 1, IV, namely “an area adjacent to a public body of water which is owned or controlled by the state, accessible to the public, and has been designated by the fish and game department as a boat launching area under the statewide public boat access program.”

(f) “Trailer” means a vehicle without motive power that is drawn by a self-propelled vehicle, which is able to be used to carry a boat or cartop to a public boat access area except:

(1) A vehicle designed to carry passengers;

(2) A vehicle capable of providing overnight shelter to persons; or

(3) A vehicle used exclusively for agricultural purposes.

History

#7493, eff 5-19-01, EXPIRED: 5-19-09
#9492, INTERIM, eff 6-25-09, EXPIRED: 12-22-09
#9662, eff 2-25-10; ss by #12546, eff 6-9-18

Part Fis 1602 Department Controlled Public Boat Access Areas

N.H. Code Admin. R. Ann. Fis 1602.01 Department-Controlled Public Boat Access Areas {#sec-fis-1602.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1602.01}

(a) The following properties listed in Table 1600.01 shall be designated and maintained by the department as public boat access areas and shall be subject to Fis 1600, even if these areas are within a larger department-controlled property such as a wildlife management area (WMA).

(b) Lands controlled by the department which are adjacent to, but outside of, designated public boat access areas listed in Table 1600.01 shall be subject to Fis 900.

Table 1600.01 Department-Controlled Public Boat Access Areas

Table 1600.01 – Department-Controlled Public Boat Access Areas

Town

Water Body

Saltwater Site

Allenstown

Archery Pond

Alstead

Warren Lake

Alton

Knights Pond

Alton

Lake Winnipesaukee (Downing’s Landing)

Andover

Adder Pond (aka Hopkins Pond)

Antrim

North Branch River (Loveren Mill Road)

Antrim

Willard Pond

Barrington

Stonehouse Pond

Barrington

Swains Pond

Boscawen

Merrimack River (Rte. 3, near State Forest Nursery)

Bow

Turee Pond

Bristol

Newfound Lake

Brookline

Potanipo Lake

Cambridge

Umbagog Lake

Canaan

Clarke Pond

Canaan

Mascoma River (Rte. 4 at the Enfield town line)

Canterbury

Morrill Pond

Center Harbor

Hawkins Pond

Claremont

Connecticut River (Ashley Ferry)

Clarksville

Clarksville Pond

Colebrook

Connecticut River (Colebrook)

Columbia

Fish Pond

Columbia

Lime Pond

Concord

Hoit Road Marsh (WMA)

Concord

Hot Hole Pond

Concord

Merrimack River (Second Street)

Concord

Merrimack River (Sewalls Falls Rd.)

Concord (East)

Merrimack River (West Portsmouth St.)

Concord

Soucook River (near Rte. 106 and Rte. 393 intersection)

Concord

Turtletown Pond

Cornish

Connecticut River (Cornish)

Danbury

Waukeena Lake

Deerfield

Pleasant Lake

Derry

Beaver Lake

Dover

Barbadoes Pond

Dover

Bellamy River (Scammell Bridge West)

Dover

Willand Pond

Dummer

Androscoggin River (Bofinger Conservation Area)

Dunbarton

Gorham Pond

Dunbarton

Kimball Pond

Dunbarton

Stark Pond

Durham

Great Bay (Adam’s Point)

Eaton

Hatch Pond

Eaton

Purity Lake

Enfield

Cole Pond (Henry Laramie WMA)

Enfield

Crystal Lake

Enfield

George Pond

Errol

Androscoggin River (North Mountain Pond Road)

Franklin

Webster Lake

Gilford

Saltmarsh Pond

Gilmanton

Crystal Lake

Gilmanton

Manning Lake

Grafton

Tewksbury Pond

Grantham

Eastman Lake

Greenfield

Otter Lake

Greenfield

Powder Mill Pond

Greenland

Great Bay (Depot Road)

yes

Greenland

Winnicut River (west) (off of Bayside Road)

yes

Greenland

Winnicut River (east) (off of Portsmouth Ave)

yes

Haverhill

Connecticut River (Bedell Bridge)

Haverhill

French Pond

Haverhill

Wood Pond

Henniker

French Pond

Henniker

Keyser Pond

Hillsborough

Farrar Marsh (WMA)

Holderness

Squam Lake

Hollis

Flints Pond

Hooksett

Merrimack River (Lambert Park)

Hopkinton

Grassy Pond

Kingston

Powwow Pond

Laconia

Winnisquam Lake

Lebanon

Connecticut River (at Blood Brook)

Littleton

Partridge Lake

Loudon

Clough Pond

Loudon

Crooked Pond

Loudon

Soucook River (Lower Ridge Road)

Madbury

Hoyt Pond

Marlboro

Meetinghouse Pond

Marlow

Sand Pond

Meredith

Spectacle Pond

Merrimack

Horseshoe Pond

Middleton

Jones Pond

Milan

Cedar Pond

Milan

Nay Pond

Millsfield

Millsfield Pond

New Durham

Coldrain Pond

New Durham

Merrymeeting Lake

New Durham

Merrymeeting Marsh

New Hampton

Pemigewasset Lake

New Hampton

Sky Pond

New Castle

Back Bay (Goat Island)

yes

Newmarket

Lamprey River Access (Young’s Lane)

yes

Northwood

Dole Marsh (WMA)

Northwood

Lucas Pond

Northwood

Woodman Marsh (WMA)

Nottingham

Pawtuckaway Pond (Fundy Cove)

Orford

Connecticut River (Reed's Marsh WMA)

Orford

Connecticut River (Orford Ramp)

Ossipee

Conner Pond

Ossipee

Garland Pond

Ossipee

Pine River (Ossipee Lake off Route 25)

Piermont

Lake Tarleton

Pittsburg

East Inlet

Pittsburg

Middle Pond

Pittsburg

Scotts Bog

Pittsfield

Suncook River (Frank J. Lyman Park)

Plymouth

Baker River (Smith Bridge)

Plymouth

Pemigewasset River (Court House)

Raymond

Onway Lake

Rochester

Baxter Lake

Rumney

Stinson Lake

Salisbury

Stirrup Iron Pond

Springfield

McDaniels Marsh (WMA)

Stewartstown

Back Pond

Stewartstown

Big Diamond Pond

Stoddard

Robb Reservoir

Stratham

Squamscott River (Chapman's Landing)

yes

Sugar Hill

Streeter Pond

Sunapee

Perkins Pond

Sunapee

Wendell Marsh (WMA)

Sutton

Chadwick Meadow Marsh (WMA)

Swanzey

Ashuelot River (Rte. 10 near Winchester town line)

Tuftonboro

Copps Pond

Tuftonboro

Melvin River (Pope Dam)

Walpole

Connecticut River (Hubbard Farm WMA)

Warner

Simmons Pond

Weare

Ferrin Pond

Weare

Mount William Pond

Webster

Knight Meadow Pond (WMA)

Webster

Pillsbury Lake

(c) The public boat access areas listed in Table 1600.02 shall be located within the boundaries of property of the New Hampshire department of natural and cultural resources (DNCR), division of parks and recreation or division of forests and lands.

(d) The public boat access areas listed in Table 1600.02 shall be subject to:

(1) Rules Res 7300, 7400, 7800, and 8500, or successor rules of the DNCR; and

(2) The requirements of these rules.

Table 1600.02 Department-Controlled Public Boat Access Areas Located on Property of the DNCR

DNCR property

Town

Waterbody

Bear Brook State Park

Allenstown

Archery Pond

Wellington State Park

Bristol

Newfound Lake

Greenfield State Park

Greenfield

Otter Lake

Bedell Bridge State Park

Haverhill

Connecticut River

Sky Pond State Forest

New Hampton

Sky Pond

Pawtuckaway State Park

Nottingham

Pawtuckaway Lake

History

#6436, eff 1-22-97; ss by #6877, eff 10-31-98; ss by #7493, eff 5-19-01, EXPIRED: 5-19-09
#9492, INTERIM, eff 6-25-09, EXPIRED: 12-22-09
#9662, eff 2-25-10; ss by #12546, eff 6-9-18

Part Fis 1603 Use of Department-Controlled Public Boat Access Areas

N.H. Code Admin. R. Ann. Fis 1603.01 General Standards and Restrictions Regulating Use of a Public Boat Access Area {#sec-fis-1603.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1603.01}

(a) Public use of the department's public boat access areas listed in Table 1600.01 shall be accessible 24 hours a day, year round, without charge to all members of the public for ingress and egress and the launching and retrieving of boats, unless:

(1) Closed or restricted to public use under (b) below;

(2) Limited by any other restriction imposed by Fis 900; or

(3) Limited by rules at areas referenced in Fis 1602.01(d).

(b) A public boat access area, or any portion thereof, shall be temporarily closed or restricted to use if the executive director or his or her designee finds such action reasonably necessary to:

(1) Construct, install, replace, repair, or maintain the physical capital improvements of the public boat access area;

(2) Protect against a specific risk to public health or safety;

(3) Reduce actual or threatened vandalism; or

(4) Protect the natural and historical resources, or other features of the public boat access area.

(c) All activities undertaken at a public boat access area shall be at the sole risk of the person or persons engaged in the activity pursuant to RSA 212:34.

(d) Swimming shall be prohibited at all public boat access areas.

(e) Owners or custodians of dogs at properties listed in Table 1600.01 and Table 1600.02 shall:

(1) Control the animal by leash at all times; and

(2) Clean up and remove all waste from the animal from the site.

(f) No person shall dispose of household or commercial rubbish, garbage, trash, debris, dead animals, pet waste, sewage, or solid waste material of any kind from a boat, recreational vehicle, or other vehicle at a public boat access area except:

(1) In those places where trash receptacles are provided for such purposes; and

(2) Only to the extent that the materials are generated by allowable and permitted activities at the site.

(g) No person shall consume or possess any open container of liquor or alcoholic beverage as defined by RSA 175:1 while at a public boat access area.

(h) No person shall sleep overnight at a public boat access area, whether in a vehicle, on the ground, in a tent, or within any other camping device.

(i) No vehicle, vehicle with an attached trailer, or trailer shall be parked at a public boat access area for a period longer than 24 consecutive hours, unless in accordance with a special use permit issued in accordance with these rules.

(j) No person shall create a campfire or use any form of a portable grill in a public boat access area.

(k) No person shall ignite or display fireworks of any type at any public boat access area at any time.

(l) No person shall engage in target shooting with a firearm, air gun, muzzleloader, bow and arrow, or crossbow at a public boat access area at any time.

(m) No person shall discharge a firearm, air gun, muzzleloader, bow and arrow or crossbow within a public boat access area, unless lawfully engaged in the taking of wildlife and in full conformance with Title 18 of the New Hampshire Revised Statutes Annotated, and all rules adopted in accordance with that title.

(n) No person shall feed or bait wildlife at any public boat access area at any time.

(o) No person shall remove, destroy, or damage any tree, shrub, vine, or terrestrial plant, or any part thereof, at a public boat access area.

(p) No person shall introduce, abandon, or leave any plant, aquatic, or terrestrial life, or other foreign object or item on a public boat access area except in compliance with RSA 487:16-c or RSA 487:16-d of the New Hampshire clean lakes program.

(q) Motor vehicles or vehicles with trailers shall be operated, occupied, parked on roads, parking areas, ramps, and other designated areas in accordance with:

(1) Applicable state motor vehicle laws and rules;

(2) All posted site restrictions, and the directional, guide, parking, or regulatory signs posted at the public boat access area; and

(3) The commands of a law enforcement officer, or department employee who is seeking to maintain order and the safety of users at the site.

(r) Vehicles with attached trailers or cartop vehicles shall be parked only in designated areas.

(s) No person shall park any vehicle without an attached trailer in an area which has been designated for parking of vehicles with an attached trailer.

(t) If the public boat access area is filled to capacity, the area shall be closed to entry by additional vehicles and trailers for parking until such time as additional parking is available.

(u) Any motor vehicles or trailers operated, occupied, used, or parked in violation of any state motor vehicle law or posted site restrictions, or directional, guide, parking, or regulatory signs at the public boat access area shall be subject to:

(1) Appropriate citation by a law enforcement officer;

(2) If unattended, towing and storage at the owner’s expense; or

(3) Both.

(v) Any boat found unattended in a sunken, beached, or drifting condition shall be subject to the provisions of RSA 270-B. All boats left on a public boat access area in violation of this section shall be subject to removal and disposal pursuant to RSA 471-C: 14. In the event the value of the craft exceeds $250.00, the matter shall be referred to the department of justice, seeking assistance to obtain appropriate legal relief against the apparent owner of the craft.

(w) No person shall block or obstruct the pedestrian or vehicular ingress or egress to a public boat access area, other than:

(1) A law enforcement officer; or

(2) Department personnel, or their agents or contractors, while acting in performance of their duties of management, construction, repair, or improvements to such properties.

(x) No person shall conduct any form of soliciting or canvassing at a public boat access area.

(y) No person shall withdraw or discharge water at a public boat access area for the following reasons, unless in the conduct of federal, state, county, or municipal public safety training or emergency operations:

(1) Application of hydro-seeding materials, mixing or cleansing of equipment;

(2) Application of pesticides, mixing or cleansing of equipment;

(3) Construction dust control; or

(4) Movement of untreated or treated waters for use in pools or spas.

(z) In the absence of a special use permit obtained in accordance with Fis 1603.02 and Fis 902.03, no person shall:

(1) Attach, affix, or mount any commercial or private numerals, notice, or advertisement of any description, including geocaching or letterboxing, to a department kiosk, gate, tree, or a physical improvement;

(2) Construct or alter a permanent or temporary structure, including but not limited to a tree stand, observation or hunting blind, rope swing, or diving platform;

(3) Alter the existing condition of the public boat access area by changing the flow of storm-water drainage or by removing any material or vegetation from the site;

(4) Conduct or cause to be conducted any investigation, including the use of metal detection equipment, that could discover, yield, or alter a known or previously unrecorded historic resource, except in cooperation with the department of natural and cultural resources pursuant to RSA 227-C:9;

(5) Conduct any organized activity or event that would impede the free ingress or egress of the general public;

(6) Land or launch an aircraft or motorized drone; or

(7) Conduct any form of commercial or non-profit activity or business on the site, excluding permitted fishing tournaments and state licensed guides associated with hunting, trapping, and fishing which would serve to:

a. Consume limited parking sites, or

b. Exclude other members of the public from free and fair access to the public boat access area.

(aa) In order to prevent damage to the public boat access area caused by the practice known as “power loading”, no person at a public boat access area ramp shall utilize the propulsion forces of an outboard or inboard motor propeller or jet to assist in the process of either launching a boat from a trailer into the water or loading a boat from the water on to a trailer, except to the minimum extent required to maintain control of the boat against the forces of wind, tide, or current then experienced.

History

#12546, eff 6-9-18

N.H. Code Admin. R. Ann. Fis 1603.02 Special Use Permits {#sec-fis-1603.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1603.02}

(a) A special use permit shall be required on all lands under department control, including public boat access areas under RSA 233-A: 1, IV, for all conduct other than:

(1) Operation of a licensed guiding service associated with hunting, trapping, or fishing; or

(2) All conduct expressly allowed under Fis 1603.02.

(b) Requests for the issuance of a special use permit shall be made and evaluated in accordance with rule Fis 900 on lands and waters under department control.

History

#12546, eff 6-9-18

Part Fis 1604 Rules Applicable to Particular Public Boat Access Areas

N.H. Code Admin. R. Ann. Fis 1604.01 Durham - Adams Point Boat Access to Great Bay {#sec-fis-1604.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1604.01}

Adams Point in Durham shall be subject to the following provisions:

(a) No parking shall be permitted on Adams Point Road;

(b) The speed limit on Adams Point Road shall be 20 mph; and

History

#12546, eff 6-9-18

Part Fis 1605 Memorial Policy at Public Boat Access Areas

N.H. Code Admin. R. Ann. Fis 1605.01 Memorial Policy {#sec-fis-1605.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1605.01}

(a) No memorial shall be erected, nor shall any commemorative service be conducted, at a boat access area prior to issuance of a special use permit by the executive director or designee.

(b) Requests for issuance of a special use permit for the erection of a memorial or conduct of a commemorative service shall be made and evaluated in accordance with Fis 905.

History

#12546, eff 6-9-18

Part Fis 1606 Public Access Defender Program

N.H. Code Admin. R. Ann. Fis 1606.01 Purpose {#sec-fis-1606.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1606.01}

The purpose of this part is to provide guidance for the operators of non-motorized boats and others making donations to support the development and maintenance of public boat access areas, pursuant to RSA 233-A:15, hereinafter referred to as the public access defender program and administered by the boat access coordinator of the department.

History

#13584, eff 3-24-23

N.H. Code Admin. R. Ann. Fis 1606.02 Applicability {#sec-fis-1606.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1606.02}

This part shall apply to any persons making donations to the department that are designated for deposit into the statewide public boat access fund, established by RSA 233-A:13.

History

#13584, eff 3-24-23

N.H. Code Admin. R. Ann. Fis 1606.03 Definitions {#sec-fis-1606.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1606.03}

(a) “Department” means the New Hampshire fish and game department.

(b) “Fund” means the statewide public boat access fund, established by RSA 233-A:13.

(c) “Program” means the program for donations by operators of non-motorized boats and others, established by RSA 233-A:15.

History

#13584, eff 3-24-23

N.H. Code Admin. R. Ann. Fis 1606.04 Donations {#sec-fis-1606.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 1606.04}

(a) Persons interested in donating to the fund may download the donation form found on the department’s website at donate-form-nhfg.pdf (state.nh.us) and mail the completed form, along with their check made payable to NH Fish and Game Department, to:

New Hampshire Fish and Game Department

11 Hazen Drive

Concord, New Hampshire 03301

(b) Persons may also donate on-line through the donation page on the department’s website at: https://www.nhfishandgame.com/.

(c) The department shall also accept in-person donations at the headquarters building, located at the address in paragraph (a) above.

(d) Pursuant to RSA 206:33-a, all donations to the program not exceeding $2,500 shall be accepted with the consent of the fish and game commission. Donations exceeding $2,500 shall also require approval of the governor and council.

(e) The program administrator shall be responsible for the promotion and advertising of the program.

APPENDIX

RULE

SPECIFIC STATE STATUTE THE RULE IMPLEMENTES

Fis 1601-1605

RSA 233-A:14

Fis 1606.01

RSA 206:10, I; RSA 233-A:15

Fis 1606.02

RSA 206:10, I; RSA 233-A:13

Fis 1606.03

RSA 206:10, I; RSA 233-A:13 & 15

Fis 1606.04

RSA 206:10, I; RSA 206-33-a;

History

#13584, eff 3-24-23

Chapter Fis 1800 Agency Action Against Holders of Licenses, Registrations, and Permits

Part Fis 1801 Definitions

N.H. Code Admin. R. Ann. Fis 1801.01 Conviction {#sec-fis-1801.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1801.01}

“Conviction” means a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an administrative proceeding which has not been annulled or vacated, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by a court, the payment of a fine or court costs, or the violation of a condition of release without bail, regardless of whether the penalty is rebated, suspended or otherwise affected by probation.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1800) #12562, eff 6-28-18

N.H. Code Admin. R. Ann. Fis 1801.02 Default {#sec-fis-1801.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1801.02}

“Default” means that a person upon whom civil or criminal process has been duly served has not appeared at the court or administrative proceeding to which the same is returnable, which failure has been recorded, whether or not judgment or a finding has been rendered against him or her for the relief sought.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1800) #12562, eff 6-28-18

N.H. Code Admin. R. Ann. Fis 1801.03 Suspension {#sec-fis-1801.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1801.03}

“Suspension” means “suspension” as defined in RSA 207:1, XXVI-a.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1800) #12562, eff 6-28-18

Part Fis 1802 Actions Against Licensees, Registrants, and Permit Holders

N.H. Code Admin. R. Ann. Fis 1802.01 Action Upon Court Notification {#sec-fis-1802.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1802.01}

(a) The executive director or his designee shall receive, pursuant to RSA 206:34 and RSA 214:18-b records from any court of the disposition of charges alleging a violation of a provision of NH RSA Title XVIII, RSA 163-B, RSA 635:2, any rule of the department, or a similar offense in any other state.

(b) Pursuant to RSA 206:10-a, records of court dispositions shall be maintained by the department for the following periods of time:

(1) Violation level offenses provided that no subsequent conviction of the same person could result in an enhanced penalty, 7 years from the date of the final disposition of the matter;

(2) Violation level offenses for which a subsequent conviction of the same person could result in an enhanced penalty, misdemeanor and felony level offenses, permanent retention.

(c) Upon notice of a court conviction or that the alleged offender is in default of court process, the executive director shall suspend the person’s license, registration, or permit issued by the department.

(d) Pursuant to RSA 214:19-a, an appeal of a conviction through a court process shall not stay the entry of a suspension of license under this rule.

(e) The applicable license or permit shall be suspended for a period of one year measured from the date of court conviction unless:

(1) A different period is mandated by statute;

(2) The period is modified by the executive director pursuant to Fis 1803; or

(3) The offense is described in Table 1800.1, with a different period:

Table 1800.1 Periods of Suspension

Offense

Period of Suspension

Hunting without the applicable hunting licenses as required in RSA 208:5, RSA 208:5-a, RSA 208:24, II, RSA 214:1, RSA 214:1-b, RSA 214:1-c, and RSA 214:1-d.

None

Fishing without a freshwater or recreational saltwater license.

None

Clamming without a license.

None

Oystering without a license.

None

Landing of marine species without a commercial saltwater license.

None

Wholesale trade of marine species without a wholesale marine license.

None

Retail sale of lobster without a license.

None

Trapping without a license.

None

Taking deer without purchasing a special permit contrary to Fis 301.031 for units L or M, Governor’s Island, or statewide archery.

None

Taking deer without purchasing a Long Island deer permit as specified in Fis 301.032.

None

No name or address on arrow or bolt contrary to Fis 301.041 (c)(4)

None

Placing of a tree stand for hunting without a landowner permit contrary to RSA 207:36-a.

None

Improper use of a deer permit contrary to RSA 208:5-b or Fis 301.031 and Fis 301.032.

None

Violations of National Migratory Bird Harvest Information Program (HIP) requirements contrary to Fis 302.072.

None

Unsigned federal waterfowl stamp contrary to RSA 209:6.

None

Taking moose during the closed season or exceeding the bag limit.

2-year suspension

Illegal night hunting contrary to RSA 208:8.

3-year suspension

No name on a bob house, contrary to RSA 211:17-a , I.

30-day suspension

Violation of RSA 211:17-a II or III, relative to bob houses.

One-year suspension

Taking an overlimit of freshwater or recreational saltwater fish.

One-year suspension

Violation of marine laws or licenses when holding a charter or party boat license.

One-year suspension of charter/party boat license

All freshwater or recreational saltwater fishing violations except as follows:

a. No suspension for unattended lines;

b. No suspension for no reflectors on bob house as required in Fis 402.10; and

c. No suspension for use of lead sinkers while fishing as required in RSA 211:13-b.

6-month suspension

Trespass, only for the hunting, fishing, trapping, or guiding activity engaged in at the time of the offense.

One-year suspension

Littering, only for the hunting, fishing, trapping, charter or party boat, or guiding activity engaged in at the time of the offense.

One-year suspension

Disobeying or assaulting a conservation officer contrary to RSA 207:47 or RSA 211:18-a.

One-year concurrent suspension of all licenses issued by the department

Clam violation: up to 5 quart over limit for first offense.

No suspension

Clam violation: up to a 5 quart over limit, for second offense.

One-year suspension

Clam violation: over 5 quarts overlimit.

One-year suspension

Oyster over limit, contrary to Fis 605.01(d).

One-year suspension

Illegal method of taking oysters, or taking oysters after sunset contrary to Fis 605.01(b).

One-year suspension

Possession of 2 or more short or oversized lobsters contrary to RSA 211:27 and Fis 602.12 .

One-year suspension

Possession of 2 or more egg bearing or scrubbed lobsters contrary to RSA 211:26.

One year suspension

Possession of 2 or more V-notched lobsters contrary to Fis 602.11.

One year suspension

A combination of two or more lobster violations of RSA 211:26, RSA 211:27 or Fis 602.11.

One-year suspension

Lobster trap plugged escape vent contrary to Fis 602.10(b).

One-year suspension

Lobster trap tag violation contrary to Fis 602.16.

One-year suspension

Failure to tend traps or pots every 30 days contrary to Fis 602.09(d).

None for first offense, One-year suspension for second offense

Commercial marine species violations by holder of commercial saltwater, lobster landing, or wholesale marine species license.

One-year suspension of commercial saltwater or wholesale marine species license

(f) Unless otherwise mandated by statute, or modified by the executive director pursuant to Fis 1803, a conviction for an OHRV or snowmobile violation shall be subject to the following suspension actions:

(1) In accordance with RSA 215-A: 29, V and 215-C:49, VI the violator’s OHRV or snowmobile training program certificate shall be suspended:

a. For a first offense, 30 days;

b. For a second offense, 180 days; and

c. For a third and subsequent offenses, one year suspension.

(2) For violation of RSA 215-A:19, IX or 215-C:34, VIII, the violator’s registration of any machine shall be suspended until such time as the person has successfully completed an approved OHRV or snowmobile safety education class, but in no circumstance for less than 180 days.

(g) For the purposes of this section, and unless otherwise mandated by statute or modified by the executive director pursuant to Fis 1803, the period of license suspension shall commence on the date of conviction in the applicable court, and end on the same day in the month which is 6, 12, 24, 36, or 60 months later, inclusive of both dates, pursuant to RSA 207:1, XIV.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1800) #12562, eff 6-28-18

N.H. Code Admin. R. Ann. Fis 1802.02 Procedure to Maintain Eligibility for Certain Lobster and Crab Licenses After Suspension {#sec-fis-1802.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1802.02}

(a) An individual whose commercial or limited commercial lobster and crab license is suspended and who desires to maintain eligibility to purchase a commercial or limited commercial lobster and crab license for the year following the end of the license suspension shall:

(1) Purchase a commercial or limited commercial lobster and crab license after the end of the suspension and prior to December 31st of the calendar year; or

(2) By June 30th of the calendar year in which the individual’s license suspension ends, physically deliver to the department a notarized affidavit indicating the individual’s intent to remain eligible to purchase such license in the following year at the Region 3 office, located at 225 Main Street, Durham NH 03824.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1800) #12562, eff 6-28-18

Part Fis 1803 Modification of Action by the Executive Director

N.H. Code Admin. R. Ann. Fis 1803.01 Notice of Suspension of License, Permit, or Registration {#sec-fis-1803.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 1803.01}

(a) Pursuant to RSA 206:34, RSA 214:18-b, and RSA 214:19, upon notification by a court that a person has been convicted of an offense described in NH RSA Title XVIII, RSA 163-B, RSA 635:2, any rule of the department, or a similar offense in any other state, or is in default of court process, the executive director shall notify the offender in writing that the relevant license, permit, or registration shall be suspended for one year from the date of the conviction, unless:

(1) A different period is specified in the statute describing the offense; or

(2) Action is taken in accordance with Fis 1803.02.

(b) A notification letter shall be mailed by the department via ordinary mail to the party as a confirmation of the suspension action.

(1) The date the notice was issued;

(2) The person’s name;

(3) The person’s last known address as received from the court;

(4) The license, permit, or registration suspended;

(5) The date the suspension becomes effective;

(6) The date the suspension period concludes;

(7) Notice of the additional penalties that could be imposed for a violation of the terms of the suspension as set forth in RSA 214:21 and 21-a; and

(8) Notice of the person’s opportunity to request an administrative hearing to review or contest the action taken by the department.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1800) #12562, eff 6-28-18

N.H. Code Admin. R. Ann. Fis 1803.02 Request for a Hearing {#sec-fis-1803.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 1803.02}

(a) Any person who is aggrieved by the notice of suspension of a license, registration, or permit under these rules may request an administrative hearing within 30 days of receipt of written notice of the action taken by letter addressed to the executive director at 11 Hazen Drive, Concord, NH 03301, containing the following information:

(1) The name of the holder of the license, registration, or permit which has been suspended or revoked;

(2) A concise description of the reason or reasons why the period of suspension should be altered;

(3) Whether the person desires to have the arresting law enforcement officer present at the hearing;

(4) Whether the person desires the hearing to be conducted:

a. In person at the headquarters office at 11 Hazen Drive in Concord; or

b. Based solely upon a review of the letter requesting relief and the written statements of the arresting officer;

(5) A current residential address; and

(6) A current telephone number and email address, if available.

(b) Persons who fail to file a letter requesting a hearing within the 30-day time period shall be deemed to have waived their right to a hearing unless upon petition the executive director finds that the period to file should be extended as a result of:

(1) A showing that the person did not in fact receive the notice of the suspension action and notice of right to request a hearing sent pursuant to RSA 1803.01(c); or

(2) A showing of excusable neglect, resulting from extended travel, a health problem, or other condition that resulted in the person not receiving actual notice of the suspension action prior to the expiration of the appeal period.

(1) The person shall be deemed guilty of the underlying violation;

(2) The facts as found by the court shall be deemed to be established for the purposes of review; and

(3) The only issue for the executive director to review is the length of time that a license, registration, or permit should be suspended.

(d) No action of suspension shall exceed the maximum time allowed under the statute that permitted such an action to be taken.

(e) At the hearing, the executive director shall consider the following factors in determining the length of time that a license, registration or permit suspension shall be imposed:

(1) Whether the full term of the suspension as imposed is necessary to protect the fish and wildlife resources of the state;

(2) Whether a reduction in the term of a suspension will provide fundamental fairness to the holder of the license, registration, or permit, yet still serve to prevent a future violation;

(3) The specific facts and circumstances of the violation;

(4) Any conditions placed upon the defendant by the convicting court, beyond the duty to pay a fine;

(5) The length of time between the date of the violation and the entry of judgment by the court;

(6) Any recommendation of the investigating officer as to whether the offense was committed knowingly or purposely; and

(7) The licensee's history of fish and game violations, and any sanctions that had previously been imposed upon the licensee.

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1800) #12562, eff 6-28-18

N.H. Code Admin. R. Ann. Fis 1803.03 Further Appeal {#sec-fis-1803.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 1803.03}

Any person aggrieved may seek further review in accordance with RSA 541of a decision by the executive director to:

(a) Grant or deny an administrative hearing to a person following entry of an order of suspension of a license, permit or registration; or

(b) Reduce, refuse to reduce, or expand the term of a suspension of a license, permit, or registration issued by the department.

APPENDIX

Rule(s)

State Statute (RSA)

Federal Statute

Federal Regulation

Fis 1801.01

RSA 206:10, I

Fis 1801.02

RSA 211:18

Fis 1802.01

RSA 214:19, I

Fis 1802.02

RSA 211:18, III(e)(3)

Fis 1803.01-1803.03

RSA 214:22, 214:19-a;

541-A:30

History

(See Revision Note #1 and Revision Note #2 at chapter heading for Fis 1800) #12562, eff 6-28-18

Chapter Fis 2000 Greater Atlantic Fisheries STATE-SPECIFIC ASSISTANCE PROGRAM

Part Fis 2001 Chapter Definitions

N.H. Code Admin. R. Ann. Fis 2001.01 Chapter Definitions {#sec-fis-2001.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 2001.01}

(a) “Commercial qualifying years” means the 2010 through 2013 multispecies fishing years for NOAA Fisheries permit owners. A multispecies fishing year runs from May 1 through April 30.

(b) “Direct assistance” means the funds supplied by the Greater Atlantic Fisheries Disaster Direct Assistance Program and distributed to NE Multispecies permitted vessels in 2014.

(d) “Individual” means a natural person or business.

(e) “NE multispecies groundfish” means the following northeast groundfish: American plaice, Atlantic cod, haddock, pollock, redfish, white hake, winter flounder, witch flounder, and yellowtail flounder.

(f) “Program” refers to the New Hampshire Greater Atlantic Fisheries Disaster State- Specific Assistance Program.

History

#10846, EMERGENCY RULE, eff 6-5-15, EXPIRES: 12-2-15

Part Fis 2002 Criteria

N.H. Code Admin. R. Ann. Fis 2002.01 Qualification Criteria {#sec-fis-2002.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 2002.01}

(a) Program funds shall be distributed to the following six categories of the groundfish industry: for-hire, full-time commercial, part-time commercial, inactive commercial, crew, shoreside businesses, and Sector XI permit bank. The purpose of the program is to financially support NH’s groundfish industry due to a declared commercial fishery failure for the NE Multispecies Groundfish fishery by the United States Secretary of Commerce. The program funds shall be distributed according to the following criteria:

(1) For-Hire: An individual shall qualify for a share of the for-hire portion of the Program funds if the individual meets the following criteria:

a. The individual was issued a NH charter or party boat license pursuant to RSA 214:9, XVI and either a National Oceanic and Atmospheric Administration (NOAA) Fisheries limited access NE multispecies permit or NOAA Fisheries open access charter/party permit in at least 3 of the 4 for-hire qualifying years; however, if 2010 is one of the for-hire qualifying years, the individual must only have been issued either a NOAA Fisheries limited access NE multispecies permit or NOAA Fisheries open access charter/party permit for that year; and

b. The individual was the owner of the National Oceanic and Atmospheric Administration (NOAA) Fisheries limited access NE multispecies permit or open access charter/party permit referred to in Fis 2002.01(a)(1)a. on April 30, 2014; and

c. The individual designated a principal port in NH during the same 3 for-hire qualifying years either through the appropriate NH license and/or NOAA Fisheries permit referred to in Fis 2002.01(a)(1)a.; and

d. The individual took at least 15 trips in each of the same 3 for-hire qualifying years on the vessel licensed or permitted under Fis 2002.01(a)(1)a. during which the following was recorded on federal vessel trip reports (VTR):

the harvest and landing in NH of at least one NE multispecies groundfish species, and
the “number of anglers” for those trips was greater than or equal to 1.

(2) Part-Time Commercial: An individual shall qualify for a share of the part-time commercial vessel portion of the Program funds if the individual meets the following criteria:

a. The individual was issued a limited access NE multispecies permit with reported landings of NE multispecies groundfish in NH during the commercial qualifying years and must have been either a member of the Northeast Fishery Sector XI or XII, or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; and

b. The individual was the owner of a NOAA Fisheries limited access NE multispecies permit referred to in Fis 2002.01(a)(2)a. as of April 30, 2013; and

c. During each of the commercial qualifying years, the individual must have landed fewer than 5,000 pounds of NE multispecies groundfish attributed to the permit referred to in Fis 2002.01(a)(2)a.; and

d. During at least one of the commercial qualifying years, the individual landed at least 2,000 pounds of NE multispecies groundfish attributed to the permit referred to in Fis 2002.01(a)(2)a.; and

e. On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(2)a. was not residing in any permit bank.

(3) Full-Time Commercial: An individual shall qualify for a share of the active full-time commercial vessel portion of the Program funds if the individual meets the following criteria:

a. The individual was issued a limited access NE multispecies permit that has reported landings of NE multispecies groundfish in NH during the commercial qualifying years and was either a member of the Northeast Fishery Sector XI or XII, or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; and

b. The individual was the owner of a NOAA Fisheries limited access NE multispecies permit referred to in Fis 2002.01(a)(3)a. as of April 30, 2013; and

c. The individual landed greater than 47,999 pounds of NE multispecies groundfish attributed to the permit referred to in 2002.01(a)(3)a. in any one of the commercial qualifying years from 2010 to 2013; and

d. On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(3)a. was not residing in any permit bank.

(4) Inactive Commercial: An individual shall qualify for a share of the inactive commercial vessel portion of the Program funds if the individual meets the following criteria:

a. The individual was the owner of a NOAA Fisheries limited access NE multispecies permit as of April 30, 2013 and was a member of either Northeast Fishery Sector XI or XII during the 2013 fishing year.

b. On April 30, 2013, the limited access NE multispecies permit referred to in Fis 2002.01(a)(4)a. was not residing in any permit bank.

c. The individual did not have any dealer-reported NE multispecies groundfish landings attributed to any NOAA Fisheries limited access NE multispecies permits issued to the individual during all of the commercial qualifying years.

d. The individual was not eligible for Direct Assistance funds in any state, including New Hampshire, for any other limited access NE multispecies permit they own and is not eligible as an active vessel under 2002.01(a)(2).

(5) Crew: An individual who worked on a limited access NE multispecies federally permitted vessel that received Direct Assistance funds from New Hampshire and was a member of NE fishing sector XI or XII or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH shall be eligible for a share of the crew portion of the Program funds if the individual meets the following criteria:

a. The individual was identified by a limited access northeast multispecies permit holder that received Direct Assistance funds from New Hampshire and was a member of NE fishing sector XI or XII or a common pool permitted vessel whose permit holder is a natural person residing in NH, or whose permit holder is a business owned by a natural person residing in NH; as crew on their qualified vessel for at least 10 trips during which the vessel commercially fished for groundfish in either the 2012 or 2013 calendar years.

b. The individual was listed as the “Recipient” on a 2012 and/or 2013 1099 Miscellaneous Income tax form.

c. The “Payer” on the 1099 Miscellaneous Income tax form was the owner of the permit of the qualifying vessel.

d. The individual had a minimum income of $5,000 listed in “Fishing Boat Proceeds” (1099 Miscellaneous Income-Box 5) or “Nonemployee Compensation” (1099 Miscellaneous Income-Box 7) on the 1099 Miscellaneous Income tax form for 2012 and/or 2013.

e. The individual has not accepted Greater Atlantic Fisheries Disaster funds as a crew member from another state.

(6) Shoreside Infrastructure: Yankee Fishermen’s Cooperative Association (Business ID # 151929) and Heidi Seafood Services, LLC (Business ID# 723611), shall be eligible for the shoreside infrastructure portion of the Program funds consistent with the following:

a. Funds distributed under this paragraph, Fis 2002.01(a)(6), shall be used to purchase infrastructure that will specifically support the NH groundfish industry.

b. Each applicant under this paragraph, Fis 2002.01(a)(6), shall enter into a contract with the State of NH that shall stipulate the repayment of Program funds used to purchase equipment according to a depreciation schedule if the applicant transfers, sells, or ceases to use the equipment for its intended purpose.

c. The State may take a security interest or other security in the equipment purchased with the Program funds.

d. Each applicant shall be registered in New Hampshire.

(7) Northeast Fishing Sector XI: The northeast fishing sector XI shall be eligible for Program funds to purchase one or more northeast multispecies permits to reside in the sector’s permit bank consistent with the following:

a. The funds shall be used to purchase one or more NE multispecies permits for the sole use by members of the northeast fishery sector XI.

b. Northeast fishing sector XI shall enter into a contract with the State of NH directing the transfer of the northeast multispecies permit or permits purchased with the program funds to the NH state permit bank if the northeast fishing sector XI disbands.

History

#10846, EMERGENCY RULE, eff 6-5-15, EXPIRES: 12-2-15

N.H. Code Admin. R. Ann. Fis 2002.02 Distribution Criteria {#sec-fis-2002.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 2002.02}

(a) Any individual who receives a notification of authorization from the department that the individual is eligible to apply for Program funds may apply by submitting an application to the department listing the following:

(1) Name;

(2) Date of birth;

(3) Social Security number or federal identification number;

(4) Corporation name, if applicable;

(5) Street address;

(6) Mailing address;

(7) Home phone number;

(8) Work or cell phone number;

(9) Vessel and home port information (if applicable);

(10) Federal permit and/or license information (if applicable); and

(11) Dated signature of applicant and title, if applicable, certifying that it is truthful subject to the penalties for making unsworn false statement statements under RSA 641:3.

(b) Any person not provided a notification of authorization from the department and who wishes to apply shall submit, in addition to the application in Fis 2002.02(a), sufficient information to support eligibility under Fis 2002.01(a)(1), (2), (3), or (4) as applicable.

NH Fish and Game Department – Marine Division

Greater Atlantic Fisheries Disaster Program – State-Specific Assistance Program

225 Main Street

Durham, NH 03824

(d) No Program funds shall be awarded to an applicant that has:

(1) Any state or federal reporting deficiencies or inaccuracies in the for-hire or commercial qualifying years; or

(2) Any state or federal conviction for fisheries violations related to groundfish fishing in any of the for-hire or commercial qualifying years; or

(3) Received Greater Atlantic fisheries state specific disaster program funds from other states.

(e) The disbursement formula for the Program’s $1,136,400 shall be as follows:

(1) Two percent of the funds shall be used for administrative costs of the department.

(2) The for-hire portion of the Program Funds shall be $278,418 which shall be distributed to individuals qualified under Fis 2002.01(a)(1), in accordance with the following:

a. Those individuals that purchased a NH party boat license during the for-hire qualifying period will receive two shares of the for-hire funds.

b. Those individuals that purchased a NH charter boat license during the for-hire qualifying years will receive one share of the for-hire funds.

(3) The part-time commercial vessel portion of the Program Funds shall be $22,500 which shall be distributed in equal shares to individuals qualified under Fis 2002.01(a)(2).

(4) The full-time commercial vessel portion of the Program Funds shall be $44,754 which shall be distributed in equal shares to individuals qualified under Fis 2002.01(a)(3).

(5) The inactive commercial vessel portion of the Program Funds shall be $54,000 which shall be distributed in equal shares to individuals qualified under Fis 2002.01(a)(4).

(6) The crew portion of the Program Funds shall be $200,000 which shall be distributed to individuals qualified under Fis 2002.01(a)(5) in accordance with the following:

a. Any individual who submitted a valid 1099 Miscellaneous Income tax form for tax years 2012 or 2013 with less than $10,000 per year reported in box 5 or box 7 and between $5,000 and $9,999 reported in box 5 or box 7 in at least one of the two years shall receive $1,500; and

b. Any individual who submitted a valid 1099 Miscellaneous Income tax form for tax years 2012 or 2013 with greater than or equal to $10,000 reported in box 5 or box 7 in either year shall receive an equal share of the remaining funds allocated for the crew share.

(7) The shoreside infrastructure business portion of the program funds identified in Fis 2002.01(a)(6), shall be $343,000 which shall be distributed as follows:

a. Yankee Fisherman’s Cooperative Association shall be allocated $276,200.

b. Heidi Seafood Services, LLC shall be allocated $66,800.

(8) The northeast fishery sector XI portion of the program funds shall be $180,000 which shall be distributed to the northeast fishery sector XI pursuant to Fis 2002.01(a)(7).

(9) If program funds are not distributed to eligible applicants under Fis 2002.02(e)(7) or Fis 2002.02(e)(8), then the remaining funds will be re-allocated and proportionally distributed to those eligible applicants under Fis 2002.02(e)(3) through Fis 2002.02(e)(6).

History

#10846, EMERGENCY RULE, eff 6-5-15, EXPIRES: 12-2-15

Part Fis 2003 Hearings and Appeals

N.H. Code Admin. R. Ann. Fis 2003.01 Hearings and Appeals {#sec-fis-2003.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 2003.01}

(a) Hearings and appeals shall be conducted in accordance with Fis 200. All appeal requests shall be received by the department not more than 30 days from the date of notification letter. The decision of the executive director on any appeal or hearing under this section shall be final.

APPENDIX

Rule(s)

State Statute (RSA)

Federal Statute

Federal Regulation

Fis 2001

RSA 206:10, I

Fis 2002

RSA 206:10, I

Fis 2003

RSA 206:10, I

History

#10846, EMERGENCY RULE, eff 6-5-15, EXPIRES: 12-2-15

Chapter Fis 2100 Interference with Hunting, Trapping, or Fishing

Part Fis 2101 Interference with Hunting, Trapping, or Fishing

N.H. Code Admin. R. Ann. Fis 2101.01 Applicability {#sec-fis-2101.01 omnilex-key=us-nh-regs-official--agency-fis--Fis 2101.01}

This chapter shall not apply to:

(a) The actions of law enforcement officers and department personnel in the performance of their official duties; and

(b) Any incidental interference arising from the lawful and normal activities of public land users.

History

#13752, eff 9-25-23

N.H. Code Admin. R. Ann. Fis 2101.02 Definitions {#sec-fis-2101.02 omnilex-key=us-nh-regs-official--agency-fis--Fis 2101.02}

(a) “Department” means the New Hampshire fish and game department.

(b) “Unmanned aerial vehicle (UAV)” means “unmanned aerial vehicle” or “UAV” as defined in RSA 207:57, I-a. The term shall include drones.

History

#13752, eff 9-25-23

N.H. Code Admin. R. Ann. Fis 2101.03 Harassment {#sec-fis-2101.03 omnilex-key=us-nh-regs-official--agency-fis--Fis 2101.03}

(a) No person shall intentionally harass or interfere with any individual(s) by obstructing or impeding their participation in the lawful activity of hunting, trapping, or fishing.

(b) No person shall engage in any activity with the intent to disturb wild animals and prevent their lawful taking.

(c) No person shall use an UAV to conduct surveillance of any individual who is lawfully hunting, trapping, or fishing without obtaining written consent of the individual(s) prior to conducting the surveillance.

History

#13752, eff 9-25-23

N.H. Code Admin. R. Ann. Fis 2101.04 Penalty {#sec-fis-2101.04 omnilex-key=us-nh-regs-official--agency-fis--Fis 2101.04}

Any person violating this chapter shall be guilty of a violation pursuant to RSA 651:2, II-h(a).

APPENDIX

Rule

Specific State Statute the Rule Seeks to Implement

Fis 2100.01

RSA 206:10, I; RSA 207:57, III

Fis 2101.02

RSA 206:10, I; RSA 207:57, II

Fis 2101.03

RSA 206:10, I; RSA 207:57, I-a

Fis 2101.04

RSA 206:10, I; RSA 207:57, I

History

#13752, eff 9-25-23