TITLE XVIII
FISH AND GAME

Chapter 214-A
FISH AND GAME AGENTS

Section 214-A:1

    214-A:1 Definitions. –
This chapter regulates duly authorized agents for issuing fish and game department licenses, tags, permits, and OHRV and snowmobile registrations. In this chapter:
I. "Agency" means any person, entity, or governmental unit which is in the business of providing licenses, tags, permits, and off highway recreational vehicle (OHRV) and snowmobile registrations to the general public.
II. "Agent" or "license agent" means that individual who has executed an agreement for the agency and who is responsible for actions taken by his or her designees relative to compliance with the issuance of licenses, tags, permits, and OHRV and snowmobile registrations within his or her agency and is subject to the provisions of this chapter.
III. "Appointment of limited agency" means the document which the agent and the department execute to establish an agency at the agent's place of business, and obliges the agent to perform within the requirements of issuing licenses, tags, permits, and OHRV and snowmobile registrations pursuant to this chapter.
IV. "Department" means the fish and game department.
V. "Executive director" means the executive director of the fish and game department.

Source. 2008, 151:1, eff. June 6, 2008. 2017, 160:12, eff. July 1, 2017.

Section 214-A:2

    214-A:2 Issuance of Licenses; License Agents; Electronic Issuance. –
I. Licenses, tags, or permits issued by the department shall be issued by the executive director or through the executive director's agents appointed under such agreements, and by the procedure and in the form, as the executive director may prescribe. Agents shall furnish information concerning fish, game, or fur-bearing animals as the executive director may require.
II. Agents of the executive director shall issue licenses, tags, or permits in accordance with the prescribed procedure and shall charge and collect the fees prescribed by law.
III. If the executive director determines that a license agent has violated any of the terms of the agreement made between the department and the license agent, the executive director may terminate the agreement upon written notice to the agent. When the violation involves the handling and remittance of state funds, the executive director may, in lieu of termination, accept from the license agent a bond from a suitable corporate surety, authorized to do business in this state, guaranteeing payment of all state funds collected as a result of licenses, tags, and permits issued by such agent for the state.
IV. If the executive director determines that a license agent is eligible for reinstatement after termination of the agreement, he or she may prescribe the terms and conditions of reinstatement of such agreement.
V. For purposes of carrying out the provisions of paragraphs III and IV, the executive director shall not be required to adopt rules pursuant to RSA 541-A.
VI. The executive director may adopt rules, pursuant to RSA 541-A, for the electronic issuance of licenses, permits, and tags under the provisions of this title, by an agent or by the department. Any such rules shall include procedures for verification of residency, the determination of sufficient proof of hunter education or other certification requirements, and any requirements of the licensee as to the use of the license, permit, or tag acquired electronically.
VI-a. Notwithstanding other provisions of law to the contrary, the executive director may permit license agents to collect from licensees an Internet transaction fee when issuing online licenses. This Internet transaction fee shall be in addition to the agent fee as provided in RSA 214-A:4. The amount of the Internet transaction fee shall be set at the discretion of the executive director.
VII. Any license agent who knowingly fails to require proof of all criteria established pursuant to RSA 214:23-a and necessary for the issuance of a license from any person shall lose the authority to issue any license for not less than one year and shall be guilty of a class B misdemeanor.

Source. 2008, 151:1. 2009, 9:1, eff. June 16, 2009. 2017, 160:13, 14, eff. July 1, 2017.

Section 214-A:3

    214-A:3 Issuance of Registrations; Registration Agents. –
I. Snowmobile and OHRV registrations shall be issued by the executive director or through the executive director's agents appointed under such agreements, and by the procedure and in the form, as the executive director may prescribe. Agents shall furnish registration information concerning vehicle information as the executive director may require.
II. Agents of the executive director shall issue registrations in accordance with the prescribed procedure and shall charge and collect the fees prescribed by law.
III. If the executive director determines that a registration agent has violated any of the terms of the agreement made between the department and the registration agent, the executive director may terminate the agreement upon written notice to the agent. When the violation involves the handling and remittance of state funds, the executive director may, in lieu of termination, accept from the registration agent a bond from a suitable corporate surety, authorized to do business in this state, guaranteeing payment of all state funds collected as a result of registrations issued by such agent for the state.
IV. If the executive director determines that a registration agent is eligible for reinstatement after termination of the contract, he or she may prescribe the terms and conditions of reinstatement of such agreement.
V. For purposes of carrying out the provisions of paragraphs III and IV, the executive director shall not be required to adopt rules pursuant to RSA 541-A.

Source. 2008, 151:1, eff. June 6, 2008.

Section 214-A:4

    214-A:4 Agent's Accounting. –
I. Except where a different agent fee, or no fee, is required by law or department rule, the agent shall collect from the licensee a fee of $1 for each license type issued on a license form and shall account to the executive director for the full face value of the licenses sold. He or she shall pay to the executive director no later than the fourteenth of each month the full face value of all licenses sold up to the first of the same month and shall report the names and addresses of all persons to whom licenses have been sold and such other information as may be requested on blanks to be furnished by the executive director. All licenses sold at the department headquarters or any subagency thereof shall charge the same fee as outlined in this paragraph, and shall be credited to the fish and game fund.

[Paragraph II effective until May 1, 2023; see also paragraph II set out below.]


II. The agent shall collect from the applicant a fee of $4 for each OHRV and snowmobile registration issued and shall account to the executive director for the full face value of the registration decals. He or she shall pay to the executive director no later than the fourteenth of each month the full face value of all registrations sold up to the first of the same month and shall report the names and addresses of all persons to whom registration decals have been sold and such other information as may be requested on blanks to be furnished by the executive director. All registrations sold at the department headquarters or any subagency thereof shall charge the same fee as outlined in this paragraph, and shall be credited to the fish and game fund.

[Paragraph II effective May 1, 2023; see also paragraph II set out above.]


II. The agent shall collect from the applicant a fee of $5 for each OHRV and snowmobile registration issued and shall account to the executive director for the full face value of the registration decals. He or she shall pay to the executive director no later than the fourteenth of each month the full face value of all registrations sold up to the first of the same month and shall report the names and addresses of all persons to whom registration decals have been sold and such other information as may be requested on blanks to be furnished by the executive director. All registrations sold at the department headquarters or any subagency thereof shall charge the same fee as outlined in this paragraph, and shall be credited to the fish and game fund.
III. When the fourteenth of any month falls on a Saturday, Sunday, or legal holiday, the accounting and payment due date will be advanced to the first succeeding day that is not a Saturday, Sunday, or holiday.
IV. If the accounting and payment required by paragraphs I-III of this section are mailed, they will be considered to have been reported or paid on time if they are properly addressed and postmarked by a United States Post Office no later than the fourteenth of the month in which they are due.
V. If the accounting and payment required by paragraphs I-III of this section are delinquent, the agent shall be assessed and pay a penalty equal to 10 percent of the amount due or $10, whichever is greater. Penalties collected hereunder shall be credited to the fish and game fund.
VI. If the accounting and payment remains delinquent 30 days after the due date required by paragraphs I-III of this section, the agency status shall be terminated.
VII. If the penalty required by paragraph V of this section remains delinquent 30 days after notification of such delinquency, the agency shall be terminated and all penalties shall be deferred.
VIII. The executive director shall have the authority to waive the requirements of paragraphs V, VI, and VII when in his or her judgment there is just cause to do so.
IX. The executive director shall adopt rules, pursuant to RSA 541-A, concerning the administration of this section for all agents regulated by this chapter.

Source. 2008, 151:1. 2009, 258:1, eff. July 1, 2010. 2019, 241:1, eff. May 1, 2020; 241:2, eff. May 1, 2023.

Section 214-A:5

    214-A:5 Unused Blanks and Decals. –
I. Agents shall return to the executive director, within 14 days after the close of the current year, all unused license blanks. Agents shall be held responsible to the state for all license blanks and shall pay for any unaccountable license blanks the full face value of the highest price license printed thereon, except that the executive director may waive this requirement when, in his or her sole judgment, there is just cause to do so.
II. Agents shall return to the executive director, within 14 days after the close of the current registration year, all unused OHRV and snowmobile decals. The registration agents shall be held responsible to the state for all OHRV and snowmobile decals and shall pay for any unaccountable decals the full face value of the highest price registration printed thereon, except that the executive director may waive this requirement when, in his or her sole judgment, there is just cause to do so.

Source. 2008, 151:1, eff. June 6, 2008.