TITLE XVIII
FISH AND GAME
Chapter 214
LICENSES
Hunting, Fishing, and Trapping
Section 214:1
214:1 License Required. –
No person, except as hereinafter provided, shall at any time fish, hunt, trap, shoot, pursue, take or kill freshwater fish, marine and estuarine finfish species, saltwater smelt, saltwater shad, saltwater salmonoids, wild birds, or wild animals in this state, without first procuring a proper and valid license to do so, and then only in accordance with the terms of such license and subject to all the provisions of this title. The licensee shall carry such license on his or her person when so engaged, and the license shall be subject to inspection on demand of any person.
Source. 1935, 124:7. 1937, 188:25. 1941, 67:1. RL 247:1. RSA 214:1. 1955, 22:1. 1969, 12:1. 1983, 40:1. 1986, 214:17. 2009, 103:3, eff. Jan. 1, 2011; 144:134, eff. Jan. 1, 2011.
Section 214:1-a
214:1-a Repealed by 2009, 103:12, II, and 2009, 144:143, II, eff. Jan. 1, 2011. –
Section 214:1-b
214:1-b Pheasant License Required. –
No person shall at any time hunt, shoot, pursue, kill, or take pheasants in this state without first procuring, in addition to the applicable hunting license required by RSA 214:1, a license to do so under RSA 214:9, X, for the same period. A person under the age of 16 years may hunt, shoot, pursue, kill, or take pheasants without such a license provided that, while so doing, he or she is accompanied by an adult who has procured such a license.
Source. 1975, 440:1. 1985, 291:27, eff. Jan. 1, 1986. 2017, 160:4, eff. July 1, 2017.
Section 214:1-c
214:1-c Wild Turkey Permit or License. –
No person shall at any time hunt, shoot, pursue, kill or take wild turkey in this state without first procuring, in addition to the applicable hunting license required by RSA 214, a permit or license to do so under RSA 214:9, XI, or RSA 209:12-a, III, for the same period.
Source. 1977, 459:5. 1985, 291:28. 2001, 180:4. 2005, 143:3, eff. July 1, 2005.
Section 214:1-d
214:1-d State Migratory Waterfowl License Required. –
I. No person shall at any time hunt, shoot, pursue, kill, or take migratory waterfowl without first procuring, in addition to the applicable hunting license required by RSA 214 and the federal duck stamp required by RSA 209:6, a license to do so under RSA 214:9, XII, for the same period. A person under the age of 16 years may hunt, shoot, pursue, kill, or take migratory waterfowl without such a license, provided that, while so doing, he or she is accompanied by an adult who has procured such a license. For the purpose of this section "migratory waterfowl" shall mean ducks, mergansers, coots, geese, and brant.
II. Any person who violates any provision of this section or RSA 214:9, XII shall be guilty of a violation and shall be guilty of a separate offense for each migratory waterfowl bird taken.
Source. 1983, 173:1. 1985, 279:1-3. 1994, 151:2. 2007, 220:5, eff. July 1, 2007; 298:4, eff. Jan. 1, 2008 at 12:01 a.m.
Section 214:1-e
214:1-e Fishing Without a License. –
The executive director may adopt rules under RSA 541-A establishing 2 days per year on which persons normally required to hold a license under RSA 214:1 may fish by angling only, in any public waters within the jurisdiction of the state without a license, except that those anglers participating in a fishing tournament on either day shall be required to possess a valid fishing license.
Source. 1989, 101:1, eff. May 1, 1989. 2016, 135:1, eff. July 26, 2016.
Section 214:1-f
214:1-f Wildlife Habitat License. –
I. No person shall at any time take wild animals or wild birds in this state without first procuring, in addition to any applicable licenses required by title XVIII, a wildlife habitat license under RSA 214:9, XV, for the same period. A person under the age of 16 years may take wild animals or wild birds without such a license provided that, while so doing, the person is accompanied by an adult who has procured such license. This paragraph shall not apply to any person who takes wild animals or wild birds under a complimentary license, excluding any administrative fee, issued pursuant to RSA 214:3, RSA 214:7-a, RSA 214:13, RSA 214:13-b, or RSA 214:13-c, or a lifetime license issued pursuant to RSA 214:9-c or RSA 214:9-cc that was purchased in a prior calendar year.
II. A license to take any kind of wild animal or wild bird as required by title XVIII shall not be issued, except for the complimentary licenses listed under paragraph I, to any person who has not purchased a wildlife habitat license. A person shall only be required to purchase one wildlife habitat license under RSA 214:9, XV each year regardless of the number of licenses purchased by that person during that year.
III. For the purpose of this section, "wild animal" shall not include fish or marine species.
IV. The executive director, with the approval of the commission, shall adopt rules, pursuant to RSA 541-A, relative to the manner of issuance of the wildlife habitat license.
V. The state treasurer shall establish a separate nonlapsing account within the fish and game fund, to be known as the wildlife habitat account, to which shall be credited all fees collected under RSA 214:9, XV from the sale of wildlife habitat licenses. The state treasurer may accept public and private grants and donations into the account.
VI. The state treasurer shall invest the moneys in the wildlife habitat account as provided by law. Interest received on investments shall be credited to the account.
VII. The wildlife habitat account is continually appropriated and may only be used for the following purposes within the state of New Hampshire:
(a) The development, management, preservation, conservation, restoration, and maintenance of wildlife habitat on both public and private lands, with at least:
(1) 25 percent of the annual revenue from license sales dedicated to pay costs of labor and materials for direct physical land management activities, and
(2) 25 percent of the annual revenue from license sales dedicated to pay the cost of fish and game department boundary survey work and all necessary survey documents including the posting of any signage necessary to delineate the boundaries of fish and game department lands. The commission, with the assistance of department personnel, shall approve the necessary boundary signs and wording that shall appear on the boundary signs;
(b) Obtaining land access to wildlife habitat areas;
(c) The acquisition of easements upon private property for the purposes of subparagraphs (a) and (b);
(d) The acquisition of private land to protect critical wildlife habitat, provided that the governing body of any municipality, unincorporated town, or unorganized place in which the property is located approves; and
(e) Providing information to the public on the location of properties managed by the fish and game department.
VIII. When license revenue is used to either obtain an easement under subparagraph VII(c) or purchase land under subparagraph VII(d), no condition shall be accepted which restricts hunting and trapping on the associated land. This requirement shall not apply to lands used for access purposes or if the executive director finds that it is in the interest of the hunting and trapping community to allow such a restriction. The executive director shall allow hunting and trapping on such lands, as is permissible, but may prohibit for any length of time the hunting or trapping on the whole or part of such lands when it is necessary for the protection or propagation of a wildlife species or for public safety reasons.
IX. The executive director, with the approval of the commission, shall expend the funds in the wildlife habitat account. Prior to the expenditure of any funds, the fish and game department shall analyze the proposed project and provide the executive director and the commission with recommendations as to the project's usefulness and feasibility. No funds in the wildlife habitat account shall be expended for the purchase of equipment or materials, with the exception of expenditures for necessary equipment purchases, leases, or rentals for the completion of projects authorized under subparagraphs VII(a)(1) and (2).
X. The executive director shall submit to the fiscal committee and the chairpersons of the house and senate committees with jurisdiction over fish and game matters a detailed fiscal year report by October 1 of each year, beginning with fiscal year 2000, with sufficient information to be fully understood by the general court and the public, summarizing the receipts and disbursements from the wildlife habitat account and the public benefits derived from the disbursements from it. Every fifth year, beginning in 2003, the annual report shall provide an in-depth financial accounting and summary of work accomplished in the previous 5 years, outlining all projects that are completed, in process, and planned. All annual reports shall be made available to the public after submission to the general court.
Source. 1998, 241:1. 2000, 256:3. 2006, 50:3, eff. Jan. 1, 2007. 2017, 160:5, eff. July 1, 2017.
Section 214:1-g
214:1-g Fisheries Habitat Fee; Account Established. –
I. A one dollar fisheries habitat fee shall be required to be paid by all persons 16 years of age or older, in addition to each applicable fishing or combination license required by Title XVIII, in order to take fish in the fresh waters of this state. This paragraph shall not apply to any person who takes fish under a complimentary license, excluding any administrative fee, issued pursuant to RSA 214:3, RSA 214:7-a, RSA 214:13, RSA 214:13-b, or RSA 214:13-c, or a lifetime license issued pursuant to RSA 214:9-c that was purchased in a prior calendar year.
II. The state treasurer shall establish a separate nonlapsing account within the fish and game fund, to be known as the fisheries habitat account, to which shall be credited all fees collected under RSA 214:1-g, I. The state treasurer may accept public and private grants and donations for deposit into the account.
III. The state treasurer shall invest the moneys in the fisheries habitat account as provided by law. Interest received on investments shall be credited to the account.
IV. The fisheries habitat account is continually appropriated and may only be used for the following purposes within the state of New Hampshire:
(a) The development, management, preservation, conservation, restoration, and maintenance of fisheries habitats in the water of the state, with at least 50 percent of the annual revenue dedicated to pay costs of labor and materials for direct aquatic management activities;
(b) Obtaining access to fisheries habitat areas;
(c) The acquisition of easements upon private property for the purposes of subparagraphs (a) and (b);
(d) The acquisition of private land to protect critical fisheries habitat, provided that the governing body of any municipality, unincorporated town, or unorganized place in which the property is located approves;
(e) Providing information to the public on the location of fisheries managed by the fish and game department.
V. When revenue is used to either obtain an easement under subparagraph IV(c) or purchase land under subparagraph IV(d), no condition shall be accepted which restricts fishing from or hunting and trapping on the associated land. This requirement shall not apply to lands used for access purposes or if the executive director finds that it is in the interest of the fishing, hunting, and trapping community to allow such a restriction. The executive director shall allow fishing from and hunting and trapping on such lands, as is permissible, but may prohibit for any length of time the fishing, hunting or trapping on the whole or part of such lands when it is necessary for the protection or propagation of a fish species or for public safety reasons.
VI. The executive director, with the approval of the commission, shall expend the funds in the fisheries habitat account. Prior to the expenditure of any funds, the fish and game department shall analyze the proposed project and provide the executive director and the commission with recommendations as to the project's usefulness and feasibility. No funds in the fisheries habitat account shall be expended for the purchase of equipment or materials, with the exception of expenditures for necessary equipment purchases, leases, or rentals for the completion of projects authorized under subparagraph IV(a).
VII. The executive director shall submit to the fiscal committee and the chairpersons of the house and senate committees with jurisdiction over fish and game matters a detailed fiscal year report by October 1 of each year, beginning with fiscal year 2000, with sufficient information to be fully understood by the general court and the public, summarizing the receipts and disbursements from the fisheries habitat account and the public benefits derived from the disbursements from it. Every fifth year, beginning in 2005, the annual report shall provide an in-depth financial accounting and summary of work accomplished in the previous 5 years, outlining all projects that are completed, in process, and planned. All annual reports shall be made available to the public after submission to the general court.
Source. 1999, 209:1. 2000, 256:4, eff. Aug. 11, 2000. 2017, 160:6, eff. July 1, 2017.
Section 214:2
214:2 License Required; Exception. –
I. The provisions of RSA 214:1 shall not apply to resident land owners while upon their own land or to the owner's children under 16 years of age when accompanied by the owner or another licensed person 18 years of age or over on such land, to persons fishing in ponds operated and maintained in an aquaculture operation, to persons hunting on a regulated shooting area, to persons under 16 years of age while fishing, to persons under 16 years of age while hunting when accompanied by a licensee 18 years of age or over, or to residents under 16 years of age while trapping when accompanied by a licensee 18 years of age or over.
II. Fishing licenses may be issued without charge to resident legally blind persons, but no hunting licenses shall be issued to such persons. A fishing license issued to a resident blind person shall be effective during the remainder of the person's life unless sooner suspended or revoked by the executive director. The executive director may issue complimentary nonresident fishing licenses to legally blind persons if the state in which the person is a resident provides a reciprocal privilege for legally blind residents of this state. The executive director shall determine the form of such complimentary licenses. A complimentary nonresident fishing license under this paragraph shall be effective for the lifetime of the applicant unless sooner suspended or revoked by the executive director.
Source. 1935, 124:7. RL 247:2. 1947, 163:1. 1951, 130:1. RSA 214:2. 1973, 72:21. 1983, 35:2. 1985, 291:12. 1990, 165:2. 2001, 180:5, eff. July 1, 2001.
Section 214:3
214:3 Members of the United States Army, Navy, Marines, Air Force, and Coast Guard. –
I. Any resident of this state who is on regular active duty in the United States army, navy, marines, air force, or coast guard and who is permanently stationed outside of the state, may acquire at no charge, upon application to the executive director and subject to the restrictions of title XVIII, a special license to hunt and fish during any period while on leave or furlough.
II. Any nonresident who is on regular active duty in the United States army, navy, marines, air force, or coast guard and who is permanently stationed within the state, may purchase regular hunting and fishing licenses or combination licenses, subject to the restrictions of title XVIII, at the same fee as is charged a legal resident of the state.
III. The executive director shall adopt rules pursuant to RSA 541-A relative to:
(a) Establishing any restrictions on the use of a special license issued under paragraph I.
(b) The documentation required in order to qualify for a license under this section.
(c) The locations at which a license may be issued.
Source. 1953, 103:1. RSA 214:3. 1955, 100:1. 1957, 267:3. 1961, 161:1. 1969, 10:1. 1971, 204:1. 1977, 252:1. 1985, 291:13. 1986, 214:20. 1998, 21:1. 1999, 63:1, eff. July 20, 1999.
Section 214:4
214:4 Repealed by 1985, 291:29, I, eff. Jan. 1, 1986. –
Section 214:4-a
214:4-a Repealed by 1985, 291:29, II, eff. Jan. 1, 1986. –
Section 214:5
214:5 Repealed by 1985, 291:29, III, eff. Jan. 1, 1986. –
Section 214:5-a
214:5-a Repealed by 1985, 291:29, IV, eff. Jan. 1, 1986. –
Section 214:5-b
214:5-b Nonresident Full-Time Students. –
A nonresident full-time student in a public or private high school, postgraduate program, or postsecondary educational institution in this state, may purchase a nonresident student license for hunting or fishing issued under the provisions of title XVIII, if qualified for such license, at the fee charged to a resident for the respective license. For purposes of this paragraph, a full-time student in a postsecondary educational institution means a student who is registered for at least 12 credit hours per semester. A nonresident full-time student shall, when requested, show proof of his or her status by furnishing a valid student identification card.
Source. 2014, 96:1, eff. Aug. 10, 2014.
Section 214:6
214:6 Licenses for Aged Persons. –
Any resident of this state who is over 65 years of age and who is receiving public aid may, upon presentation of proof of such aid, make application to the executive director of fish and game for a special license to take, and to transport fish, under the restrictions of this title. Such license shall be marked in such manner as the executive director may designate and there shall be no fee for such license.
Source. 1953, 103:4. 2009, 103:4, eff. Jan. 1, 2011; 144:135, eff. Jan. 1, 2011.
Section 214:6-a
214:6-a Apprentice Hunting License. –
Any person who wishes to hunt but who has not completed a hunter education program or provided proof of a previous hunting or archery license, as required in RSA 214:23-a, may purchase an apprentice hunting license. A person holding an apprentice hunting license shall be allowed to hunt only when accompanied by a properly licensed person who is 18 years of age or over. The fees for an apprentice hunting license shall be as provided in RSA 214:9, I for a resident apprentice hunting license, as provided in RSA 214:9, VI for a nonresident apprentice hunting license, as provided in RSA 214:9, VII-a for a nonresident small game apprentice hunting license, or as provided in RSA 208:5, I for a resident or nonresident archery license. The properly licensed person who is 18 years of age or over accompanying the apprentice shall be fully accountable for any damage incurred or for any violations which may be committed by the apprentice while hunting. Any other permits or licenses for hunting shall be purchased as required by the apprentice hunter. The apprentice hunting license shall not be valid to take moose, shall not apply to the 3-day small game license, and shall not be used as proof of a previous license under RSA 214:23-a, I(c) or II(c). An apprentice hunting license may be purchased only once in the lifetime of the hunter.
Source. 2011, 46:1, eff. Jan. 1, 2012. 2012, 107:1, eff. July 28, 2012.
Section 214:7
214:7 Issuance of Licenses; License Agents; Electronic Issuance. –
I. Licenses, tags, or permits shall be issued by the executive director through his or her agents under such agreements, and in such form, as the executive director may prescribe. Licensees shall furnish information concerning fish, game, or fur-bearing animals as the executive director may require.
II. [Repealed.]
III. [Repealed.]
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]
Source. 1935, 124:7. 1937, 188:26. RL 247:3. 1947, 163:2. RSA 214:7. 1985, 291:14. 1986, 25:1. 2000, 47:2. 2008, 151:7, I, eff. June 6, 2008. 2017, 160:7, eff. July 1, 2017.
Section 214:7-a
214:7-a Persons over 68 Years of Age. –
I. Any resident of this state who is 68 years of age or over may make application each year, to any authorized agent of the state for the sale of freshwater fishing, hunting, or trapping licenses, for a special license to fish in freshwaters and hunt or trap, under the restrictions of this title. Such license may permit the use of a muzzleloading firearm and bow and arrow. The executive director shall set the annual fee for the special license established in this section by rule pursuant to RSA 206:10, I. Said fee shall not exceed 50 percent of the regular resident license fee for fishing in freshwaters, hunting, or trapping. The license shall be marked in such manner as the executive director may designate.
II. Those individuals holding a special license under this section as of June 30, 2015 shall be exempt from the requirement to apply for said license annually. The special license held by these individuals shall remain effective for the remainder of each individual's life, as long as the individual remains a resident of the state, unless suspended or revoked by the executive director.
Source. 1959, 254:1. 1963, 78:1. 1971, 535:1. 1985, 291:25. 1995, 39:1. 1998, 328:1. 2009, 103:10, eff. Jan. 1, 2011; 144:141, eff. Jan. 1, 2011. 2015, 186:32, eff. July 1, 2015.
Section 214:7-b
214:7-b Minimum Residency Required. –
Any person who is otherwise qualified for a resident hunting or fishing license or both, issued without charge pursuant to the provisions of title XVIII, shall furnish proof that he has resided within the state for at least 2 years immediately preceding his application for said license and has not during that time claimed a residence in any other state. Any person who willfully makes a false statement relative to his residency in applying for said license shall be guilty of a misdemeanor.
Source. 1977, 498:1, eff. Sept. 12, 1977.
Section 214:7-c
214:7-c Repealed by 2006, 172:4, II, eff. Jan. 1, 2007. –
Section 214:8
214:8 Form; Fees. –
I. The executive director shall prepare licenses, game tags, permits, and such other forms as determined necessary to comply with all licensing requirements of title XVIII. Such license, when issued to the licensee, shall bear the date of issuance, and shall contain the name, age, color of eyes, and residence of the licensee and such other information, including affidavits, as may be requested by the executive director. The license, to be valid, shall be countersigned by the licensee on the face of the license in the space provided.
II. The executive director shall set fees for the various license types described in RSA 214:9 pursuant to RSA 206:10, I.
Source. 1935, 124:7. RL 247:5. RSA 214:8. 1955, 277:2. 1959, 254:2. 1961, 32:1. 1973, 46:1. 1985, 291:16, eff. Jan. 1, 1986. 2015, 186:24, eff. July 1, 2015. 2017, 160:8, eff. July 1, 2017.
Section 214:8-a
214:8-a Repealed by 1985, 291:29, V, eff. Jan. 1, 1986. –
Section 214:9
214:9 Application. –
To obtain any of the following licenses, an applicant shall fill out and subscribe on a blank to be furnished by the executive director and pay the agent the license fees, established under RSA 214:8, II, and the agent fee as provided in RSA 214-A:4:
I. Resident hunting license, which shall entitle the licensee to hunt, shoot, kill, or take, except by the use of traps, and to transport wild birds and wild animals under the restrictions of this title.
II. Resident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish, under the restrictions of this title.
II-a. [Repealed.]
II-b. One-day resident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish, for said time only, under the restrictions of this title.
III. Resident hunting and fishing license, which shall entitle the licensee to hunt, shoot, kill, or take, except by use of traps, and to transport wild birds, wild animals, and all species of freshwater fish under the restrictions of this title.
IV. Resident trapping license, which shall entitle the licensee to take fur-bearing animals and coyote by the use of traps and sell and transport them under the restrictions of this title.
V. Resident minor's trapping license, which shall entitle the licensee under 16 years of age to take fur-bearing animals and coyote by the use of traps and sell and transport them under the restrictions of this title.
VI. Nonresident hunting license, which shall entitle the licensee to hunt, shoot, kill, and take, except by the use of traps, and to transport wild birds and wild animals under the restrictions of this title.
VI-a. Nonresident hunting and fishing license, which shall entitle the licensee to hunt, shoot, kill, or take, except by use of traps, and to transport wild birds, wild animals, and all species of freshwater fish under the restrictions of this title.
VII. [Repealed.]
VII-a. Nonresident small game license, which shall entitle the licensee to hunt, shoot, or take small game as defined in RSA 207:1, XXVI; provided, however, this license shall not authorize the taking of fur-bearing animals as defined in RSA 207:1, VIII.
VII-b. 3-day nonresident small game license, which shall entitle the licensee to hunt, shoot, or take small game as defined in RSA 207:1, XXVI, for 3 consecutive days; provided, however, this license shall not authorize the taking of fur-bearing animals as defined in RSA 207:1, VIII.
VIII. Nonresident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish under the restrictions of this title.
VIII-a. [Repealed.]
VIII-b. [Repealed.]
VIII-c. 7-day nonresident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish, for 7 consecutive days, under the restrictions of this title.
VIII-d. 3-day nonresident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish, for 3 consecutive days, under the restrictions of this title.
VIII-e. One-day nonresident fishing license, which shall entitle the licensee to kill, take, and transport all species of freshwater fish, for one day, under the restrictions of this title.
IX. Nonresident trapping license, which shall entitle the licensee to take fur-bearing animals and coyote by the use of traps and sell and transport them under the restrictions of this title. If the applicant's state or province does not permit nonresident trappers, said applicant shall be denied a nonresident license in this state.
X. (a) Pheasant license, which shall entitle the licensee to hunt, shoot, kill, and take, except by the use of traps, pheasants during the open season.
(b) The fee for such license shall be set by the executive director pursuant to RSA 206:10, I.
XI. Resident wild turkey license, which shall entitle the licensee to hunt, shoot, kill, and take turkey, except by the use of traps.
XI-a. Nonresident wild turkey license, which shall entitle the licensee to hunt, shoot, kill, and take turkey, except by the use of traps.
XII. Migratory waterfowl license, which shall entitle the licensee to hunt, shoot, kill, and take migratory waterfowl during such time and in such manner and numbers as may be allowed under RSA 209:6.
XIII. (a) Any recognized summer camp or educational facility operated within the state may apply to the executive director of the fish and game department for a group fishing license that may be utilized by individual campers or students while participating in camp or school approved activities. The fee for the license, the definitions, requirements for participation, and criteria for obtaining the license shall be determined by the executive director pursuant to rules adopted under RSA 541-A.
(b) [Repealed.]
XIV. [Repealed.]
XV. If the applicant wishes to take wild animals, excluding fish and marine species, or wild birds, a fee set by the executive director pursuant to RSA 206:10, I, and the agent shall thereupon issue a wildlife habitat license as provided in RSA 214:1-f. For any year in which a license is issued, the agent shall be entitled to retain a portion of the fee as set by the executive director pursuant to RSA 206:10, I for each wildlife habitat license sold and all licenses sold at the department headquarters or any subagency thereof shall retain the same portion of the fee which, notwithstanding RSA 214:1-f, V, shall be credited to the general fish and game fund. Notwithstanding any other provision of law, there shall be no agent fee for a wildlife habitat license issued pursuant to RSA 214:1-f.
XVI. (a) Recreational saltwater license, which shall entitle the licensee, 16 years of age or older, to take, possess, or transport finfish from coastal and estuarine waters, under the restrictions of this title, provided that any person participating in a recreational saltwater fishing opportunity on a for-hire vessel, which is licensed under subparagraph (b), shall be exempt from the license requirement of this subparagraph.
(b) A resident or nonresident owner or operator of a for-hire vessel who wishes to provide recreational saltwater fishing opportunities for persons taking finfish from coastal and estuarine waters, shall pay a fee, set by the executive director pursuant to RSA 206:10, I, for each charter boat and each party boat, which shall entitle the owner or operator of the licensed for-hire vessel to take, possess, or transport finfish from coastal and estuarine waters, under the restrictions of this title.
(c) A nonresident holding a valid recreational saltwater license or a for-hire charter or party boat saltwater license from Maine or Massachusetts, shall be allowed to take, possess, or transport finfish from New Hampshire coastal and estuarine waters, provided that the state in which such person purchased a recreational saltwater license or in which the for-hire vessel is registered allows an angler with a New Hampshire recreational saltwater license or a saltwater for-hire vessel with a for-hire license from New Hampshire to recreationally take, possess, or transport finfish in that state's coastal and estuarine waters.
(d) In this paragraph:
(1) "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.
(2) "For-hire vessel" means a party boat, charter boat, dive boat, head boat, or other boat hired by persons to engage in recreational saltwater fishing opportunities.
(3) "Recreational saltwater fishing" means taking of any marine finfish, by any means for personal use only and which are not sold.
(4) "Charter boat" means a vessel less than 100 gross tons (90.8 metric tons) that meets the requirements of the U.S. Coast Guard to carry 6 or fewer passengers for hire.
(5) "Party boat" or "head boat" means a vessel that holds a valid Certificate of Inspection issued by the U.S. Coast Guard to carry passengers for hire.
(e) The executive director shall adopt rules under RSA 541-A on the further definitions, criteria, and requirements for obtaining the licenses under this paragraph.
Source. 1935, 124:7. 1937, 156:1. 1941, 67:2, 3. RL 247:6. 1947, 163:2, 3; 217:1-3, 5. 1949, 245:1. 1951, 49:1; 181:1-5. RSA 214:9. 1955, 105:1; 324:1-3. 1961, 32:2. 1965, 49:1-4. 1969, 7:1; 63:2. 1971, 545:1. 1973, 72:22; 348:3-7. 1975, 66:1; 70:1; 337:1; 440:2. 1977, 15:1; 252:2; 459:6. 1981, 89:1, 2; 366:1; 498:1, 2. 1983, 40:2-4; 47:1; 87:1; 173:2. 1985, 291:18, 19, 23. 1986, 214:7-11. 1989, 159:1-3. 1990, 48:2. 1991, 125:1. 1994, 131:1; 151:3; 372:3. 1995, 153:3. 1997, 10:15-18, 24, 25, III-VIII. 1998, 241:2. 2001, 180:6; 252:11-32. 2005, 143:4; 153:1. 2007, 263:64; 298:3. 2008, 151:2, 3. 2009, 103:2, 5-9, eff. Jan. 1, 2011; 144:133, 136-140, eff. Jan. 1, 2011. 2011, 224:231, eff. July 1, 2011. 2015, 186:25, eff. July 1, 2015. 2017, 160:9, 10, eff. July 1, 2017.
Section 214:9-a
214:9-a Repealed by 1981, 148:6, VIII, eff. July 21, 1981. –
Section 214:9-b
214:9-b Lost License; Duplicate. –
A person who loses or by mistake or accident destroys his license may, upon payment of a fee of $5.00, receive a duplicate license if the applicant completes affidavits setting forth the circumstances surrounding its loss or destruction. The duplicate license shall entitle the licensee to engage in all activities permitted on the original license.
Source. 1961, 162:1. 1965, 140:1. 1977, 252:3. 1985, 291:20, eff. Jan. 1, 1986.
Section 214:9-c
214:9-c Lifetime Licenses. –
I. (a) The executive director, at the department of fish and game headquarters only, shall issue lifetime hunting, freshwater fishing, or combination hunting and freshwater fishing licenses similar to that issued on an annual basis under RSA 214:9, III to any resident applicant upon payment of the proper fee, which shall be established by the executive director in accordance with the provisions of paragraph II.
(b)(1) In addition, the executive director may issue lifetime licenses to any resident under 16 years of age.
(2) In addition further, the executive director may issue discounted lifetime licenses to residents who have not yet reached their first birthday. The executive director shall establish the discounted amount of such lifetime licenses in rules adopted under RSA 541-A, except that the fee for a combination hunting and freshwater fishing lifetime license for a resident who has not yet reached his or her first birthday shall be $300.
(3) The parent or legal guardian of the applicant shall be a resident pursuant to RSA 207:1, XXIII. The hunting license or hunting portion of the combination license shall not be valid until the licensee has met the requirements of RSA 214:23-a. Upon meeting the requirements of RSA 214:23-a, the licensee shall have the hunting license or the combination hunting and fishing license validated at the fish and game department headquarters only.
(4) The executive director, upon application, may issue a discounted lifetime license to a resident who is a permanently disabled veteran and complies with the provisions of RSA 214:13, II. The discounted amount of a permanently disabled veteran's lifetime license shall be 50 percent of the cost of a lifetime license calculated pursuant to paragraph II of this section.
II. The executive director shall obtain an actuarial table based on an appropriate annuity from the commissioner of insurance and shall set the fee for the various licenses annually on July 15 of each year for the following year based on the age of the applicant. The fee for any applicant under 16 years of age shall be the same as the fee for a 16-year-old applicant, except for newborns as provided in subparagraph I(b)(2). In addition the applicant shall pay the agent's fee in accordance with RSA 214-A:4.
III. In no case shall any lifetime license issued be transferable or any portion of the cost of the license refundable.
IV. Notwithstanding any other provision of law, the monies received from the sale of such lifetime licenses shall be deposited with the state treasurer who shall keep the same in a separate fund to be known as the prepaid fish and game license fund. The state treasurer shall invest the monies in the fund and shall annually transfer to the fish and game fund from the prepaid fish and game license fund an amount equal to 9 percent of the principal balance in the fund each year and any interest that accrues to the prepaid fish and game license fund in excess of 5 percent.
V. In addition, the state treasurer shall pay the amount of one annual license fee to the fish and game fund from the proceeds of each lifetime license sold during the current year, the balance going into the prepaid fish and game license fund.
VI. Licenses issued pursuant to this section shall entitle the holder thereof to the same privileges and subject the licensee to the same restrictions as a holder of an annual license.
VII. The executive director shall issue a bear license and tag upon application by the valid holder of a lifetime hunting or combination license. Such license and tag shall be valid for the current bear season only. The bear license and tag shall be issued at no charge and each shall be of a type and design approved by the executive director. Lifetime licensees holding bear licenses shall comply with all provisions of RSA 208 relative to tagging, transportation and possession of bear.
VII-a. A person holding a valid lifetime fishing license or lifetime combination hunting and fishing license, issued prior to January 1, 2011, may make an application for a saltwater license at no charge to be issued by the executive director to fish for saltwater smelt, saltwater shad, and saltwater salmonoids only. Such licenses shall be valid for a calendar year only.
VIII. The executive director shall, if necessary, adopt rules, pursuant to RSA 541-A, relative to the issuance and validation of the lifetime licenses.
Source. 1981, 526:1. 1991, 221:1. 1999, 61:1. 2006, 17:1. 2008, 151:4. 2009, 103:11; 144:142. 2010, 17:1, eff. July 6, 2010. 2015, 36:1, eff. July 1, 2015. 2018, 346:2, eff. Jan. 1, 2019.
Section 214:9-cc
214:9-cc Lifetime Licenses for Bow and Arrow, Muzzleloader, and Crossbow. –
I. (a) The executive director, at the department of fish and game headquarters only, shall issue lifetime bow and arrow, muzzle loading firearm, and crossbow licenses for each type of game taken similar to that issued on an annual basis under RSA 208:5, RSA 208:5-a, or RSA 208:7-a, respectively, to any resident applicant upon payment of the proper fee, which shall be established by the executive director in accordance with the provisions of paragraph II. Lifetime bow and arrow, muzzle loading firearm, and crossbow licenses shall be issued only to residents who would be eligible to purchase annual licenses of the same type.
(b) In addition, the executive director may issue lifetime licenses under this section to any resident under 16 years of age. The parent or legal guardian of the applicant shall be a resident pursuant to RSA 207:1, XXIII. The bow and arrow, muzzle loading firearm, and crossbow licenses shall not be valid until the licensee has met all requirements for the issuance of such license. Upon meeting the requirements of RSA 214:23-a, the licensee shall have the license validated at the fish and game department headquarters only.
II. The executive director shall obtain an actuarial table based on an appropriate annuity from the commissioner of insurance and shall set the fee for the various licenses annually on July 15 of each year for the following year based on the age of the applicant. The fee for any applicant under 16 years of age shall be the same as the fee for a 16-year-old applicant. In addition the applicant shall pay the agent's fee in accordance with RSA 214-A:4.
III. In no case shall any lifetime license issued be transferable or any portion of the cost of the license refundable.
IV. Notwithstanding any other provision of law, the moneys received from the sale of such lifetime bow and arrow, muzzle loading firearm, and crossbow licenses shall be deposited with the state treasurer who shall keep the same in the prepaid fish and game license fund. The state treasurer shall annually transfer to the fish and game fund from the prepaid fish and game license fund an amount equal to 9 percent of the portion of the principal balance in the fund each year attributed to lifetime bow and arrow, muzzle loading firearm, and crossbow licenses, and any interest that accrues to such portion of the prepaid fish and game license fund in excess of 5 percent.
V. In addition, the state treasurer shall pay the amount of one annual license fee to the fish and game fund from the proceeds of each lifetime bow and arrow, muzzle loading firearm, and crossbow license sold during the current year, the balance going into the prepaid fish and game license fund.
VI. Licenses issued pursuant to this section shall entitle the holder thereof to the same privileges and subject the licensee to the same restrictions as a holder of an annual license.
VII. The executive director shall, if necessary, adopt rules, pursuant to RSA 541-A, relative to the issuance and validation of the lifetime licenses.
Source. 2006, 50:1. 2008, 151:5, eff. June 6, 2008.
Section 214:9-d
214:9-d Lost Game Tag. –
A person who loses or by mistake or accident destroys his game tag may, upon payment of a fee of $5, receive a duplicate game tag if the applicant completes affidavits setting forth the circumstances surrounding its loss or destruction.
Source. 1985, 291:30, eff. Jan. 1, 1987.
Section 214:9-e
214:9-e Permits may be Authorized. –
I. The executive director and the commission jointly may, after notice and public hearing, issue permits for the taking of any species of wildlife. A majority of the commission and the executive director shall agree to take such action before it shall be authorized. The decision to issue such permit shall be recorded in the minutes of the commission which shall also indicate the agreement of the executive director to such action. Notwithstanding RSA 214:1, the purchase of such permit where authorized shall permit the taking of such species and the purchase of such permit shall be required before such species may be taken. The decision to authorize such permits shall not be considered a rule subject to the provisions of RSA 541-A.
II. The executive director and the commission jointly may, after notice and public hearing, rescind any action taken under paragraph I of this section by following the same procedure specified in paragraph I of this section for authorizing the issuance of a permit.
III. If the issuance of a permit is authorized under the provisions of this section a fee for such permit shall be adopted by rule under RSA 541-A.
IV. The state treasurer shall establish a separate nonlapsing account within the fish and game fund for each such permit, to which all fees collected by the fish and game department from such permits shall be applied. The moneys in these accounts shall be used, in accordance with RSA 212-A:15, exclusively for the implementation of comprehensive management programs, including education, research, protection and management, and are hereby appropriated for said purpose.
Source. 1985, 291:32. 1994, 151:4, eff. May 23, 1994. 2017, 160:11, eff. July 1, 2017.
Section 214:9-f
214:9-f Promotion Activities; Reductions in Fees Authorized. –
The executive director, with approval of the commission, may take such marketing actions to promote fisheries and wildlife resources, and attract hunters and anglers to the state as deemed necessary, which may include the reduction or the waiver of the fees for certain types of licenses available to the public for specified periods of time and at specified locations, to promote license sales for hunting, fishing, and trapping in the state. This may include coordination of activities between the public and private sectors and utilization of promotional advertising, exhibits, brochures, technical assistance, and expertise as necessary to develop and promote hunting, fishing, and other wildlife-related activities within the state. A description of the reductions, waivers, and activities under this section shall be included in the biennial report of the department under RSA 206:9-a.
Source. 2005, 165:1, eff. June 21, 2005.
Section 214:10, 214:11
214:10, 214:11 Repealed by 1967, 414:3, eff. Jan. 1, 1968. –
Section 214:11-a
214:11-a Driver's License Required. –
I. No person is authorized to procure a resident license to hunt, fish, or take clams or clam worms or oysters, without first exhibiting to the person issuing the license the following identification:
(a) At the location of a registered fish and game agent, a valid New Hampshire driver's license or New Hampshire nondriver's picture identification card issued pursuant to RSA 260:21, RSA 260:21-a, or RSA 260:21-b.
(b) At fish and game department headquarters, a valid New Hampshire driver's license or New Hampshire nondriver's picture identification card issued pursuant to RSA 260:21, RSA 260:21-a, or RSA 260:21-b, or such alternate form of identification and proof of residency as would be accepted by the department of safety, division of motor vehicles, to support the issuance of a New Hampshire driver's license or New Hampshire nondriver's picture identification card.
I-a. Whenever the applicant for a resident license to hunt, fish, or take clams or clam worms or oysters is under 18 years of age, the parent or guardian of the applicant shall be a resident pursuant to RSA 207:1, XXIII.
II. Any person who is no longer a legal resident of the state but still retains a valid New Hampshire driver's license, shall be guilty of a misdemeanor if said person endeavors to obtain a resident fishing or hunting license based on this driver's license.
Source. 1967, 414:1. 1973, 47:2. 1985, 291:33. 2003, 112:5. 2005, 28:1, eff. July 9, 2005. 2016, 71:5, eff. May 10, 2016. 2019, 97:1, eff. Aug. 20, 2019.
Section 214:11-b
214:11-b Requirements for Issuance of a Trapping License. –
I. No trapping license shall be issued to any resident or non-resident person unless he presents to the person authorized to issue such license either:
(a) A certificate of competency as provided by RSA 210:25; or
(b) Satisfactory proof that he has successfully completed a trapper education course in any other state, province or country which is equivalent to the course as established by RSA 210:25; or
(c) Satisfactory proof that he or she has held a trapping license issued to him or her in this state during any of the previous 3 years.
II. In addition to penalties provided for in this chapter, the executive director may require a person in violation of this section or the trapping laws of the state to take the trapper education course established in RSA 210:25 as a condition to retain or reinstate a trapping license.
Source. 1990, 165:1, eff. Jan. 1, 1991. 2014, 155:2, eff. Jan. 1, 2015.
Section 214:12
214:12 Penalty for False Receipt or Certificate and for False Statements. –
Whoever makes any false statement for the purpose of procuring a license shall be guilty of a violation and the person's license may be revoked for a period not exceeding 3 months. All fines collected for violation of the provisions of this section shall be deposited in the fish and game fund.
Source. 1917, 229:2. 1921, 119:2; 120:6. PL 100:6, 21. 1933, 132:4. 1939, 120:4, 5. RL 116:4. RSA 214:12. 1967, 414:2. 1973, 47:1; 531:63. 1979, 80:1. 2003, 112:6, eff. Aug. 5, 2003.
Section 214:12-a
214:12-a Licensee Agreements with Private Landowners; Exclusion from Right-to-Know. –
Any agreement or record between a private landowner and a person issued a fish and game license under this title, which is provided to, or held by, the department or its staff, shall be maintained confidentially and shall not be considered a public record for purposes of RSA 91-A.
Source. 2003, 91:1, eff. Aug. 1, 2003.
Section 214:13
214:13 Licenses for Disabled Veterans. –
I. If the applicant for a fishing, hunting, or bow and arrow license is a resident of the state, has received a discharge other than dishonorable from service in the armed forces of the United States as defined in RSA 21:50, II and is totally and permanently disabled from such service-connected disability, the executive director shall issue a special veteran's license to said applicant. Said license shall be perpetual. The executive director shall retain the records for such licenses for a period not less than 7 years. Loss or destruction of the license after 7 years shall obligate the licensee to re-establish eligibility. A $10 administrative fee shall be charged once, upon application to the executive director for such license.
II. (a) If the applicant for a fishing, hunting, or bow and arrow license is a resident of the state, has received a discharge other than dishonorable from service in the armed forces of the United States as defined in RSA 21:50, II and is at least 80 percent but not 100 percent disabled from such service-connected disability for not more than 2 years, the executive director may issue a lifetime license to such applicant at 50 percent of the cost of a lifetime license under RSA 214:9-c calculated pursuant to RSA 214:9-c, II. The executive director shall comply with the requirements of 38 C.F.R. section 3.327 to determine if the applicant's disability qualifies the applicant to receive the license discount.
(b) If the applicant for a fishing, hunting, or bow and arrow license is a resident of the state, has received a discharge other than dishonorable from service in the armed forces of the United States as defined in RSA 21:50, II and is at least 80 percent but not 100 percent disabled from such service-connected disability for more than 2 years, the executive director shall issue a lifetime license to such applicant at 50 percent of the cost of a lifetime license under RSA 214:9-c calculated pursuant to RSA 214:9-c, II.
Source. 1947, 60:1. RSA 214:13. 1973, 318:1. 1996, 202:3, eff. Jan. 1, 1997. 2018, 27:1, eff. July 14, 2018; 346:1, eff. Jan. 1, 2019. 2019, 161:1, eff. Sept. 7, 2019.
Section 214:13-a
214:13-a Nonresident Honorary Licenses. –
The executive director may issue honorary hunting or fishing licenses to the President and Vice President of the United States and to nonresident governors, fish and game officials, accredited sportswriters and photographers, recognized conservationists, and foreign ambassadors and dignitaries without charge. During a calendar year there shall be no limit as to the number of each type of honorary license so issued. The executive director shall determine the form of such honorary licenses. The fish and game commission shall periodically review the total issue of honorary licenses hereunder, and may regulate the number thereof. The executive director shall on or before January 15 in each year submit a complete list, to the chairpersons of the house and senate standing committees having jurisdiction over fish and game matters, containing the names, addresses, and positions or titles of all persons to whom such an honorary license has been issued and each such license issued shall be consecutively numbered.
Source. 1955, 41:1. 1967, 50:1. 1995, 9:27. 2009, 7:3, eff. June 16, 2009.
Section 214:13-b
214:13-b Reciprocity; Nonresident Licenses; Certain Persons. –
The executive director may issue upon application complimentary nonresident hunting and fishing licenses to a person from another state who is suffering from paraplegia or who is suffering from the loss of, or the loss of the use of, both lower extremities, or is a totally and permanently disabled veteran, who would be eligible if a resident under RSA 214:13, if the state in which said person is a resident provides a reciprocal privilege for residents of this state who are similarly suffering. The executive director shall determine the form of such complimentary licenses. All such licenses shall be consecutively numbered. A license issued under this section shall be effective for the lifetime of the applicant unless sooner suspended or revoked by the executive director.
Source. 1975, 152:1. 1986, 214:21. 1987, 62:4. 1989, 25:2, eff. June 3, 1989.
Section 214:13-c
214:13-c Licenses for Certain Persons. –
The executive director shall issue upon application resident hunting and fishing licenses to a person who is both a resident of this state and is either suffering from paraplegia or is suffering from the permanent loss of, or the permanent loss of the use of, both lower extremities. The executive director shall determine the form of such licenses. All such licenses shall be consecutively numbered. A license issued under this section shall be effective for the lifetime of the applicant unless sooner suspended or revoked by the executive director. The executive director shall retain the records for such licenses for a period not less than 7 years. Loss or destruction of the license after 7 years shall obligate the licensee to re-establish eligibility. A $10 administrative fee shall be charged once, upon application to the executive director for such license.
Source. 1989, 25:1. 1995, 9:28. 1996, 202:4, eff. Jan. 1, 1997.
Section 214:14 to 214:14-b
214:14 to 214:14-b Repealed by 1995, 86:2, I-III, eff. July 15, 1995. –
Section 214:14-c
214:14-c One-Day Licenses. –
The executive director is hereby authorized to establish within state parks, in cooperation with the department of natural and cultural resources, such license agencies as he determines necessary to distribute a special one-day fishing license for the purpose of fishing within state parks when the land totally encompasses the entire lake or pond. Rules, fees, and licensing procedures shall be adopted by the executive director in accordance with RSA 541-A.
Source. 1985, 291:17, eff. Jan. 1, 1986. 2017, 156:14, I, eff. July 1, 2017.
Section 214:14-d to 214:14-g
214:14-d to 214:14-g Repealed by 1995, 86:2, IV-VII, eff. July 15, 1995. –
Section 214:14-h
214:14-h Residents and Patients at Certain Institutions; Complimentary Fishing Permits. –
I. The executive director may issue, upon application, a complimentary fishing permit to a state or county institution, nursing home facility, or veterans hospital, or to a person who is both a resident of the state and is:
(a) A resident or patient at a state or county institution, nursing home facility, or veterans hospital, or a person who is developmentally disabled, as defined by RSA 171-A:2, V; or
(b) A patient at a head injury treatment program.
II. The executive director may adopt rules pursuant to RSA 541-A, including, but not limited to:
(a) Criteria for establishing medical need.
(b) The basis of institutionalization, form of treatment, and applicable facilities.
(c) The number and form of the permits.
(d) The supervision and use of the permit.
(e) The time periods and other conditions of the permit.
(f) Reporting requirements.
(g) Any definitions.
(h) Fee schedules for group or facility permits.
Source. 1995, 86:1, eff. July 15, 1995.
Section 214:15
214:15 Repealed by 2008, 151:7, II, eff. June 6, 2008. –
Section 214:16
214:16 Repealed by 2008, 151:7, III, eff. June 6, 2008. –
Section 214:16-a
214:16-a Repealed by 2008, 151:7, IV, eff. June 6, 2008. –
Section 214:17
214:17 Refusing Licenses; Appeal. –
The executive director and his agents shall refuse to issue any license to hunt if it appears that the applicant is not a suitable person to carry firearms. Any person who has been refused a license by an agent shall have the right of appeal to the executive director, whose decision, given after hearing, shall be final. Any attempt to secure a license from another agency, after having been refused by an agency and before appealing to the executive director, and any attempt to secure a license from any source in the same year that the executive director, on appeal, has decided that the applicant is not a suitable person to carry firearms, shall be a violation of the provisions of this chapter.
Source. 1935, 124:7. RL 247:9.
Section 214:18
214:18 Repealed by 2018, 324:10, eff. Aug. 24, 2018. –
Section 214:18-a
214:18-a Penalty for Throwing Refuse into Public Waters or on Neighboring Lands. –
Any person who shall violate those provisions of RSA 265:102, I, which relate to the placing of refuse into or on the ice over any public water, streams or watercourse or the approaches thereto or land bordering the same may, in addition to the penalty provided in RSA 265:102, IV, lose his fishing or hunting license for the current year.
Source. 1955, 170:1. RSA 214:18-a. 1959, 306:6. 1977, 588:47. 1987, 344:4, eff. May 25, 1987.
Section 214:18-b
214:18-b Suspension or Revocation in Another Jurisdiction. –
Any person whose privilege to fish, hunt, trap, guide, take or land lobsters and crabs, or engage in commercial marine fishing activities has been suspended or revoked in any jurisdiction within the United States or Canada shall be prohibited from purchasing a license for such activity in this state during the period of revocation or suspension in the prosecuting jurisdiction provided the offense for which the person has been convicted is contained in title XVIII. If such person has previously purchased a license for such activity, said license shall become invalid and shall be suspended for the same period as determined in the prosecuting jurisdiction. Such person shall immediately return said license to the fish and game department. No person shall possess a license which has been suspended under this section. Any person who violates the provisions of this section shall be guilty of a violation.
Source. 1989, 107:1. 2009, 11:1, eff. June 16, 2009.
Section 214:19
214:19 Revocation or Suspension for Conviction. –
I. The executive director may revoke or suspend the license of any person who has been found guilty in any court of a violation of any provision of this title or any rule or regulation of the executive director, or who has been found guilty in a superior or district division of a circuit court of a violation of RSA 163-B, RSA 635:2, or RSA 644:13. Such revocation or suspension shall not continue for more than one year from the date thereof, except for a conviction under RSA 208:8, in which case the revocation or suspension may be for a period not to exceed 5 years, or except for a conviction under RSA 208:1-a, in which case the revocation or suspension may be for a period not to exceed 2 years.
II. The executive director shall revoke or suspend the license of any person who has been found guilty in any court a second time within 5 years of the first finding of guilt, of a violation of any such laws or regulations, for a period of not less than one, nor more than 3 years from the date of such finding or conviction.
III. The executive director shall revoke or suspend the license of any person convicted of committing aggravated felonious sexual assault, felonious sexual assault, or sexual assault pursuant to RSA 632-A:4, I(a) or (b), or any similar statute in any other state, which occurred while the person was engaged in any activity requiring the person to carry a license as required in RSA 214:1. The period of revocation or suspension under this paragraph for any felony conviction shall be not less than 10 years and not more than life. The period of revocation or suspension under this paragraph for any misdemeanor conviction that is a first offense shall be not less than 5 years and not more than life. The period of suspension under this paragraph for any second or subsequent misdemeanor conviction shall be not less than 10 years and not more than life.
Source. 1935, 124:7. RL 247:11. 1951, 171:3. RSA 214:19. 1955, 62:2. 1965, 83:3. 1975, 103:1. 1977, 22:1. 1981, 146:5, VII. 2009, 11:4, eff. June 16, 2009. 2015, 186:1, eff. Jan. 1, 2016. 2023, 50:2, eff. July 31, 2023.
Section 214:19-a
214:19-a Appeal of Conviction. –
Whenever any person convicted of a violation of any provision of this title or any rule or regulation of the executive director or of RSA 163-B, RSA 236:26, RSA 265:102 or RSA 635:2 shall appeal, his license shall be suspended pending disposition of the appeal. If the person so appealing is convicted, the period of suspension shall be computed from the date of the original conviction.
Source. 1959, 33:1. 1977, 22:2. 1981, 146:5, VIII, eff. Jan. 1, 1982.
Section 214:19-b
214:19-b Conviction by Court of Another State. –
The executive director may revoke the hunting license of any person who shall be convicted of an offense similar to those described in RSA 207:37-a, 207:38, 208:8, or 214:20 by a court of any other state.
Source. 1996, 87:1, eff. Jan. 1, 1997.
Section 214:19-c
214:19-c Copies of Record. –
Copies of records of convictions and notices of license revocations kept by the executive director of this state and other states, certified by the executive director, shall be deemed admissible to prove such revocations or convictions in court.
Source. 1996, 87:1, eff. Jan. 1, 1997.
Section 214:20
214:20 Hunting While Intoxicated. –
No person shall target practice, hunt, take, or attempt to take wildlife in this state by the use of a firearm, bow and arrow, crossbow and bolt, or any other weapon:
I. While such person is under the influence of intoxicating liquor or any controlled drug, or any combination of intoxicating liquor and controlled drugs; or
II. While such person has an alcohol concentration of 0.08 or more or in the case of a person under the age of 21, 0.02 or more.
Source. 1949, 67:1. RSA 214:20. 1973, 528:128. 1977, 316:1. 1981, 146:5, IX. 1989, 353:3. 1993, 48:1; 235:6. 1996, 87:2, eff. Jan. 1, 1997.
Section 214:20-a
214:20-a Aggravated Hunting While Intoxicated. –
A person shall be guilty of a violation of this section if in addition to violating the provisions of RSA 214:20, that person is involved in an incident resulting in serious bodily injury as defined in RSA 625:11 as a result of that person's discharge of a firearm, bow and arrow, crossbow and bolt, or any other weapon.
Source. 1965, 210:1. 1996, 87:2, eff. Jan. 1, 1997.
Section 214:20-b
214:20-b Penalties for Intoxicated Hunting. –
I. Any person who shall be convicted of a violation of RSA 214:20 shall be guilty of a misdemeanor. In addition to any penalty provided by law, such person's hunting license shall be revoked and the person shall not be issued a license to hunt for a period of 3 years.
II. Any person convicted of a violation of RSA 214:20-a shall be guilty of a class B felony. In addition to any penalty provided by law, such person's hunting license shall be revoked indefinitely.
Source. 1965, 210:1. 1996, 87:2, eff. Jan. 1, 1997.
Section 214:20-c
214:20-c Evidence. –
Upon complaint, information, indictment or trial of any person charged with a violation of RSA 214:20 or 214:20-a, the court may admit evidence of the defendant's alcohol concentration, as defined in RSA 259:3-b, as shown by a chemical analysis of his breath, urine, or blood. Evidence that there was, at the time alleged, an alcohol concentration of 0.03 or less in prima facie evidence that the defendant was not under the influence of intoxicating liquor. Evidence that the defendant had, at the time alleged, an alcohol concentration of greater than 0.03 but less than 0.08 is relevant evidence but is not to be given prima facie effect in indicating whether or not the defendant was under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. Evidence that there was, at the time alleged, an alcohol concentration of 0.08 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. In the case of a person under the age of 21 an alcohol concentration of 0.02 or more is prima facie evidence that the defendant was under the influence of intoxicating liquor. The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether or not the defendant was under the influence of intoxicating liquor.
Source. 1996, 87:3, eff. Jan. 1, 1997.
Section 214:20-d
214:20-d Implied Consent to Submit to Test to Determine Alcohol Concentration. –
I. Any person who target practices, takes, or attempts to take wildlife in this state by use of a firearm, bow and arrow, crossbow and bolt, or any other weapon, shall be deemed to have given consent to physical tests and examinations for the purpose of determining whether that person is under the influence of intoxicating liquor or any controlled drug or any combination of intoxicating liquor and controlled drug, and to chemical, infrared molecular absorption, or liquid or gas chromatograph test or tests of any or any combination of the following: blood, urine, or breath, for the purposes of determining the controlled drug content of the person's blood or alcohol concentration if arrested for any offense arising out of acts alleged to have been committed while the person was target practicing, hunting, taking, or attempting to take wildlife, while under the influence of intoxicating liquor or controlled drugs or any combination of alcohol or controlled drugs or while having an alcohol concentration of 0.08 or more, or in the case of a person under the age of 21, 0.02 or more. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been hunting, taking, or attempting to take wildlife while under the influence of intoxicating liquor or any controlled drug, or any combination of intoxicating liquor and controlled drug.
II. A copy of the report of any such test shall be furnished by the law enforcement agency to the person tested within 48 hours of receipt of report by certified mail directed to the address shown on such person's hunting license or other identification furnished by the person. Results of a test of the breath shall be furnished immediately in writing to the person tested by a certified breath-testing operator conducting the test.
III. When the incident involves a hunting or target practice shooting, resulting in death or serious bodily injury to any person as provided in RSA 214:20-l, the prerequisites of RSA 214:20-m shall not apply.
Source. 1996, 87:3, eff. Jan. 1, 1997. 2017, 78:1, eff. July 1, 2017.
Section 214:20-e
214:20-e Refusal of Consent. –
If a person under arrest for a violation of RSA 214:20 refuses upon the request of a law enforcement officer to submit to a physical and/or chemical test designated by the law enforcement officer as provided in RSA 214:20-d, none shall be given, but the executive director shall revoke the person's hunting license for a period of 5 years from the date of the alleged violation. Any such revocation of a license shall be imposed in addition to any penalties provided by law, subject to review as hereinafter provided, and shall be imposed only upon the receipt by the executive director of a sworn report of the law enforcement officer containing the following:
I. That the law enforcement officer had reasonable grounds to believe the arrested person had been target practicing, hunting, taking or attempting to take wildlife while under the influence of intoxicating liquor, controlled drugs or a combination thereof.
II. The facts upon which the reasonable grounds to believe such are based.
III. That the person had been arrested.
IV. That the person had refused to submit to the test upon the request of the law enforcement officer.
V. That the law enforcement officer informed the arrested person of the person's right to have a similar test or tests conducted by a person of the arrested person's own choosing.
VI. That the law enforcement officer informed the arrested person of the fact that refusal to permit the test or tests will result in license revocation.
Source. 1996, 87:3, eff. Jan. 1, 1997.
Section 214:20-f
214:20-f Administration of Blood Alcohol Concentration Tests. –
All and any alcohol concentration tests performed as authorized in RSA 214:20-d shall be conducted pursuant to the requirements of RSA 265-A:5, relative to the testing of blood, urine, and breath.
Source. 1996, 87:3. 2006, 260:8, eff. Jan. 1, 2007.
Section 214:20-g
214:20-g Additional Tests. –
The provisions of RSA 265-A:7, relative to the right of an arrested person to obtain additional tests, shall apply to any person to whom RSA 214:20-d is applicable.
Source. 1996, 87:3. 2006, 260:9, eff. Jan. 1, 2007.
Section 214:20-h
214:20-h Effects of Evidence of Test for Alcohol Concentration. –
The provisions of RSA 214:20 shall not limit the introduction of any other competent evidence bearing on the question of whether a person charged with the violation of 214:20 was under the influence of intoxicating liquor or controlled drugs or any combination of intoxicating liquor and controlled drug.
Source. 1996, 87:3, eff. Jan. 1, 1997.
Section 214:20-i
214:20-i Evidence of Refusal to Take Test for Alcohol Concentration. –
If a person refuses to submit to a test as provided in RSA 214:20-e, such refusal may be admissible into evidence in a civil or criminal action or proceeding arising out of an act alleged to have been committed by that person while target practicing, hunting, taking or attempting to take wildlife, with a firearm, bow and arrow, cross bow or bolt or other weapon, while under the influence of liquor or controlled drugs or any combination of intoxicating liquor and controlled drug.
Source. 1996, 87:3, eff. Jan. 1, 1997.
Section 214:20-j
214:20-j Official Record of Tests. –
The provisions of RSA 265-A:12, relative to notice to the court and the admissibility of the official report of tests, shall govern admissibility of the official records related to the tests taken pursuant to this RSA 214:20-d as well as the notice required to compel the attendance of any person who conducted such tests at trial.
Source. 1996, 87:3. 2006, 260:10, eff. Jan. 1, 2007.
Section 214:20-k
214:20-k Arrest Without a Warrant. –
Notwithstanding any other statutory provisions of the law to the contrary, a law enforcement officer may, without a warrant, arrest any person involved in any shooting related directly to target practicing, hunting, taking, or attempting to take wildlife, when that officer has probable cause to believe that such person has violated the provisions of RSA 214:20 or 214:20-a.
Source. 1996, 87:3, eff. Jan. 1, 1997.
Section 214:20-l
214:20-l Blood Testing on Certain Hunting Fatalities. –
When death or serious bodily injury occurs to any person in the course of a hunting related shooting or the result of target practice, the person or persons responsible shall be tested for blood alcohol content. A law enforcement officer shall request a licensed physician, registered nurse, certified physician's assistant, or qualified medical technician or medical technologist to withdraw blood from each person involved, provided that the officer has probable cause to believe that the person responsible was under the influence of alcohol or a controlled drug or any combination of controlled drug or alcohol. All tests made under this section shall be conducted by the forensic science laboratory established in RSA 106-B:2-a, or in any other laboratory capable of conducting such tests which is licensed by the U.S. Department of Health and Human Services under the Clinical Laboratory Improvement Act of 1988 as amended. A copy of any report of any such test shall be kept on file by the medical examiner. The filed report is not a public record under RSA 91-A. However, the report shall be made available to any person, including their legal representative, who is or may be involved in a civil, criminal or administrative action arising out of an accident in connection with which the test was performed.
Source. 1996, 87:3. 1997, 158:1. 2003, 319:91, eff. Jan. 1, 2004.
Section 214:20-m
214:20-m Prerequisites to Tests. –
I. Before any test of a person's blood, urine or breath specified in RSA 214:20-d is given, the law enforcement officer shall:
(a) Inform the arrested person of such person's right to have a similar test or tests made by a person of the arrested person's own choosing.
(b) Afford the person an opportunity to request such additional test or tests.
(c) Inform the person of the consequences of the refusal to permit a test at the direction of the law enforcement officer.
II. Before any post-arrest physical test specified in RSA 214:20-d is given, the law enforcement officer shall inform the defendant of the consequences of the defendant's refusal to comply with the law enforcement officer's instructions for the post-arrest physical test.
III. If the law enforcement officer fails to comply with the provisions of this section, the test results shall be inadmissible as evidence in any proceeding before any administrative officer or court of this state.
Source. 1996, 87:3, eff. Jan. 1, 1997.
Section 214:20-n
214:20-n Incapacity to Give Consent. –
Any person who is dead, unconscious, or who is otherwise in a condition rendering such person incapable of refusing shall be deemed not to have withdrawn the consent provided by RSA 214:20-d and the test or tests may be administered. The provisions of RSA 214:20-n shall not apply to persons incapable of giving consent as provided for in this section.
Source. 1996, 87:3, eff. Jan. 1, 1997.
Section 214:20-o
214:20-o Administrative Review. –
Upon revoking or denying a hunting license of any person pursuant to RSA 214:20-b and 214:20-e the executive director shall immediately notify the person in writing of such revocation or denial. If, within 30 days of such notification, the person so notified requests a hearing on the revocation or denial, the department shall, within 10 days of the receipt of the request, afford such person an opportunity for a hearing before the executive director or designee. The scope of such a hearing shall cover the issues of whether a law enforcement officer had reasonable grounds to believe the person had been target practicing, hunting, taking, or attempting to take wildlife while under the influence of alcohol or controlled drugs or a combination of alcohol and controlled drugs; whether the person was placed under arrest; whether the person refused to submit to a physical or chemical test upon the request of the officer; whether the person was informed that the privilege to hunt would be revoked or denied if such person refused to submit to a test; and whether the person was informed of such person's right to have a chemical test or tests made by a person of such person's own choosing. The executive director shall order that the revocation or determination that there should be a denial of issuance be rescinded or sustained. A copy of such order shall be sent to the person affected thereby.
Source. 1996, 87:3, eff. Jan. 1, 1997.
Section 214:21
214:21 Hunting, Etc. After Revocation; Eligibility for License. –
No person who has had a license suspended or revoked shall take or attempt to take the wildlife permitted to be taken by said license. A person whose license has been revoked indefinitely or for a period of time under any provision of this chapter shall be ineligible to purchase a new license before the expiration of the stated period without the prior written approval of the executive director. No person shall be eligible to receive any license issued by the fish and game department if he is in arrears for any fines or costs for a violation of the laws relative to fish and game. Any person violating the provisions of this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
Source. 1935, 124:7. 1941, 126:17. RL 247:12. RSA 214:21. 1961, 104:1. 1993, 280:1, eff. Jan. 1, 1994.
Section 214:21-a
214:21-a Hunting when in Default; Eligibility for License. –
I. No person shall hunt, fish, trap or engage in any activity regulated by this title if such person is in default with any state court for the violation of any section of title XVIII and such person's license to hunt, fish, trap or engage in such activities shall be suspended by the executive director.
II. No person shall purchase any license issued by the department if such person is in default with any state court for the violation of any section of this title.
III. Any person who has had a license suspended or revoked pursuant to paragraph I of this section shall apply to the executive director before such license shall be restored.
IV. The executive director shall assess and collect a $50 reinstatement fee against any person whose license is suspended as permitted in paragraph I of this section prior to the reinstatement of said license. This paragraph may be waived by the executive director for just cause.
V. Any person who violates any provision of this section shall be guilty of a misdemeanor.
Source. 1993, 280:2, eff. Jan. 1, 1994.
Section 214:22
214:22 Ineligibility for Limited Period. –
The executive director may in his discretion declare that a person who has been convicted of fishing, hunting or trapping without a license shall be ineligible to receive any license under the provisions of this title for a period of not more than one year from the date of such conviction.
Source. 1949, 68:1, eff. Mar. 16, 1949.
Section 214:22-a
214:22-a Nonresident Licenses Limited. –
No person shall hold a nonresident hunting and fishing license and at the same time hold a nonresident hunting license, nor shall any person at the same time hold more than one of either of said licenses. Any person who shall procure a nonresident hunting and fishing license while holding a nonresident hunting license or a nonresident hunting and fishing license, or who shall procure a nonresident hunting license while holding a nonresident hunting license or a nonresident hunting and fishing license, shall be guilty of a violation of this chapter.
Source. 1963, 77:1, eff. July 9, 1963.
Section 214:23
214:23 Holding More Than One License. –
No person shall hold at the same time a resident hunting and fishing license and a resident hunting license, nor shall any person at the same time hold more than one of either of said licenses. Any person who shall procure a resident hunting and fishing license while holding a resident hunting license or a resident hunting and fishing license, or who shall procure a resident hunting license while holding a resident hunting license or a resident hunting and fishing license, shall be guilty of a violation of this chapter.
Source. 1953, 58:1, eff. Mar. 30, 1953.
Handling of Firearms and Archery Equipment
Section 214:23-a
214:23-a Certificate of Completion Required. –
I. No hunting license shall be issued to or be purchased by any resident or nonresident person unless the applicant presents to the person authorized to issue such license either:
(a) A certificate of completion from a basic hunter education program as provided under this subdivision;
(b) Satisfactory proof that the applicant has successfully completed a basic hunter education program in this state, or any other state, province, or country which is equivalent to the program provided for by this chapter; or
(c) Satisfactory proof that the applicant has previously had a hunting license or equivalent, as determined by the executive director, issued to the applicant in this state, or any other state, province, or country.
II. Notwithstanding any law to the contrary, no archery license shall be issued to or purchased by any resident or nonresident person unless the applicant presents to the person authorized to issue such license either:
(a) A certificate of completion from a specialized bow hunter education program as provided under this subdivision.
(b) Satisfactory proof that the applicant has completed a specialized bow hunter education program in this state or any other state, province, or country which is equivalent to the program provided for by this subdivision.
(c) Satisfactory proof that the applicant has previously had an archery license or equivalent, as determined by the executive director, issued to the applicant in this state or any other state, province, or country.
III. An archery license shall not constitute satisfactory proof of a previous hunting license and a hunting license shall not constitute satisfactory proof of a previous archery license to fulfill the requirements of this subdivision.
IV. The executive director may suspend a person's certificate of completion of basic hunter education program or specialized bow hunter education program in accordance with rules adopted by the executive director pursuant to RSA 541-A. The term of suspension shall be determined by the executive director.
Source. 1961, 177:1. 1971, 87:1. 1973, 72:31. 1975, 115:1. 1977, 420:1. 1979, 34:1. 1988, 213:1. 1991, 22:1. 1996, 94:1, eff. Jan. 1, 1997. 2011, 70:1, eff. July 15, 2011.
Section 214:23-b
214:23-b Program. –
The executive director, after consultation with the commission, is authorized to establish programs for training persons in the safe and responsible handling of any firearm and bow and arrow used for hunting and for this purpose may cooperate with any public or private association or organization having as one of its objectives the promotion of safety in firearm and bow and arrow handling. The executive director, after consultation with the commission, shall prescribe the type of instruction, qualifications of the instructors, and time and place of examination, the successful completion of which shall qualify a person for the appropriate certificate of completion.
Source. 1961, 177:1. 1988, 213:2. 1996, 94:1, eff. Jan. 1, 1997.
Section 214:23-c
214:23-c Instructors. –
Each instructor authorized by the executive director to conduct the program for training in safe handling of firearms shall be covered by liability insurance protecting him from liability for damages during the time when instruction is being furnished. The cost of such insurance shall be borne by the state and shall be a charge against the fish and game fund.
Source. 1961, 177:1. 1977, 420:2, eff. July 1, 1977.
Section 214:23-d
214:23-d Duplicate Certificate of Completion. –
The executive director, after consultation with the commission, is authorized to charge a fee for the issuance of a duplicate certificate of completion. The amount of said fee shall be determined by the executive director and the fee shall be credited to the fish and game fund. To receive a duplicate certificate of completion, the applicant shall complete an affidavit setting forth the circumstances surrounding its loss or destruction.
Source. 1979, 25:1. 1988, 213:3, eff. June 28, 1988.
Fur Buyers
Section 214:24
214:24 License Required. –
No person except as hereinafter provided, shall at any time engage in this state in the business of buying the furs or skins of fur-bearing animals or the hides or skins of deer, without first procuring a license so to do, and then only in accordance with the terms of such license and subject to all the provisions of this title.
Source. 1935, 124:7. 1937, 188:23. RL 247:13.
Section 214:25
214:25 Applications; Fees. –
The applicant, whether a resident or nonresident, shall fill out and sign a blank to be furnished by the executive director and pay a license fee set by the executive director pursuant to RSA 206:10, I. The executive director shall thereupon issue a fur buyer's license which shall entitle the licensee to buy and sell the furs and skins of deer, coyotes, and fur-bearing animals lawfully taken, and to sell and transport the same, under the restrictions of this title. The executive director shall grant such licenses for the entire state upon the payment of the applicable license fee.
Source. 1935, 124:7. 1937, 156:2. 1939, 28:1. RL 247:14. RSA 214:25. 1969, 417:1. 1977, 252:6. 1986, 214:12. 1997, 10:19, eff. Jan. 1, 1998. 2015, 186:26, eff. July 1, 2015.
Section 214:26
214:26 Records. –
Licensed dealers shall keep such records as the executive director may require. Such records shall be open to inspection by the executive director or his agents, and such dealer shall, within 30 days after the expiration of his license, and upon request of the executive director, file with the executive director a sworn statement of such record or such part thereof as the executive director may require.
Source. 1935, 124:7. RL 247:15.
Section 214:27
214:27 Repealed by 1969, 417:2, eff. Aug. 31, 1969. –
Section 214:28
214:28 Selling Outside of State. –
Every person selling or shipping the furs or skins of fur-bearing animals to persons outside the state, not licensed in this state, shall keep the same record and make the same report required in this subdivision of licensed fur buyers.
Source. 1935, 124:7. RL 247:17.
Special Licenses
Section 214:29
214:29 Scientific Permits. –
The executive director may grant scientific licenses, which may be revoked or suspended at any time, to any person, governmental entity, or educational institution for bird banding, scientific or research purposes, or other educational needs. There will be an annual fee of $25 for each scientific permit, and the executive director shall adopt rules under RSA 541-A relative to the conditions, qualifications, fee waivers, and all other criteria under which a scientific permit may be granted.
Source. 1935, 124:7. RL 247:18. 1997, 10:20, eff. Jan. 1, 1998.
Section 214:29-a
214:29-a Taxidermy. –
The executive director may grant licenses which may be revoked or suspended at any time to any person desiring to practice taxidermy, as defined under general provisions, RSA 207:1, XXVII-a. The executive director shall adopt rules under RSA 541-A relative to the fee for a taxidermy permit, and the conditions, qualifications, and other criteria under which a taxidermy permit shall be granted.
Source. 1997, 10:21, eff. Jan. 1, 1998. 2015, 186:27, eff. July 1, 2015.
Section 214:30
214:30 Repealed by 1997, 10:25, IX, eff. Jan. 1, 1998. –
Section 214:31
214:31 Repealed by 1997, 10:25, X, eff. Jan. 1, 1998. –
Section 214:32
214:32 Reports by Holders. –
After the expiration of any license provided for in this subdivision, or upon request of the executive director, the holder of such license shall file a sworn statement, on blanks supplied by the executive director, covering all his transactions thereunder. The holder of each license shall keep a record of all transactions under his license, and such record, together with all plants and premises of the licensee, shall be open to inspection upon demand of the executive director or his agents. Such licensee shall answer any question relative to the ownership of any bird or animal, or part thereof, found in his possession or under his control, or that has passed through his hands, that may be asked by the executive director or any of his agents.
Source. 1935, 124:7. RL 247:21. RSA 214:32. 1981, 11:1, eff. May 10, 1981.
Section 214:33
214:33 Federal Permit. –
Any person holding a scientific or taxidermy permit must also hold such license or permit as is required under federal laws.
Source. 1935, 124:7. RL 247:22. 1997, 10:22, eff. Jan. 1, 1998.
Sale of Freshwater Fishing Bait
Section 214:34
214:34 Licenses Required. –
I. No person shall take with the intent to sell, sell, or offer to sell live fish or aquatic invertebrates for bait in New Hampshire without first procuring a license to do so.
II. The applicant shall complete the prescribed application form furnished by the executive director and pay the appropriate license fee in addition to the $1 agent's fee as provided in RSA 214-A:4.
III. Fees for the following license types shall be set by the executive director pursuant to RSA 206:10, I:
(a) Retail dealer.
(b) Wholesale dealer.
Source. 1943, 129:1. 1951, 80:1. RSA 214:34. 1957, 267:2. 1981, 498:10. 1983, 252:1. 1990, 48:4. 2008, 151:6, eff. June 6, 2008. 2015, 35:2, 186:28, eff. July 1, 2015. 2018, 64:1, eff. July 24, 2018.
Section 214:34-a
214:34-a Manner of Taking. –
Any person holding a bait dealer's license may take smelt, minnows, shiners, suckers, chubs, or tommycod by means of a dip net held in hand, a drop net not over 48 inches in diameter, or by means of a square umbrella net not over 42 inches on a side. Minnows, shiners, chubs and tommycod may also be taken by licensed bait dealers in traps measuring not over 36 inches long with an opening not to exceed 1 1/2 inches in diameter. Suckers may also be taken in traps not to exceed 50 inches in length and 30 inches in diameter with an opening of not less than 3 1/2 inches in diameter. Licensed dealers may also take any of the species, except smelt, mentioned in this section, by means of an ordinary commercial type minnow seine not over 4 feet in depth and not over 50 feet long, from such streams, lakes, and ponds and at such times as are approved by the executive director.
Source. 1965, 347:1. 1983, 252:5, eff. Aug. 17, 1983.
Section 214:34-b
214:34-b Equipment. –
I. Traps, nets, fish houses, holding boxes or other receptacles, used to take, hold, or to keep live bait in public waters shall be plainly marked with the name and address of the owner and user.
II. Holes cut in the ice for the taking of bait shall be prominently and plainly marked by a stake, brush, or other suitable device unless it is covered by a bait house or in actual use.
III. Bait houses using draglines shall not be placed or operated within 25 feet of the bait house of another person.
IV. Bait dealers shall remove any houses from the ice over any public waters prior to ice-out. Any such bait house shall not be left on any private property for more than 7 days without a written permit from the landowner. Bait boxes, holding boxes or other receptacles, used to hold live bait in navigable waters shall be removed from such waters prior to ice-out.
Source. 1965, 347:1, eff. July 8, 1965.
Section 214:34-c
214:34-c Molesting Gear. –
It is unlawful for any person, except the executive director or his agent, to molest, pull, tend, or to otherwise disturb any minnow or sucker trap, net, seine, bait house, or other gear of any licensed bait dealer without the written permission of the owner.
Source. 1965, 347:1, eff. July 8, 1965.
Section 214:34-d
214:34-d Permit to Import. –
No fish of any description shall be brought into this state for use as bait without first procuring a permit from the executive director. Such permit shall be valid for no longer than one year but no additional permit shall be required within that period of time to import the same species of fish from the same source of supply. Five days' notification of each intent to import shall be filed with the executive director. The executive director shall set the fee for such permits pursuant to RSA 206:10, I.
Source. 1965, 347:1. 1967, 49:1. 1986, 214:14, eff. Nov. 15, 1986. 2015, 186:29, eff. July 1, 2015.
Section 214:34-e
214:34-e Repealed by 1996, 108:20, VII, eff. July 14, 1996. –
Section 214:35
214:35 Rules. –
The executive director shall have the authority, pursuant to RSA 541-A, to adopt and enforce rules relative to bait dealers dealing in live fish or aquatic invertebrates with the exception of the daily bag limits and possession limits. The bag limits and possession limits shall be as follows: A retailer may take 20 quarts per day and hold a maximum of 100 quarts possession limit at any one time. A wholesaler may take 100 quarts per day and hold a maximum of 200 quarts possession limit at any one time. Nothing in this section shall affect the sale of garden worms or night crawlers.
Source. 1943, 129:1. RSA 214:35. 1967, 73:1. 1983, 252:2, eff. Aug. 17, 1983. 2015, 35:3, eff. July 1, 2015.
Termination, Etc., of Licenses
Section 214:36
214:36 Date of Expiration; Not Transferable. –
All licenses provided for in this title shall expire on December 31 next following their issuance, and shall not be transferable.
Source. 1935, 124:7. RL 247:23. RSA 214:36. 1971, 204:3, eff. Aug. 17, 1971.
Penalties
Section 214:37
214:37 Penalties. –
I. Any person who violates the provisions of this chapter where another specific penalty is not provided shall be guilty of a violation if a natural person or guilty of a misdemeanor if any other person.
II. A person who furnishes to another person, or permits another person to have or use, a license issued to himself or any other person, or changes or alters such license or coupon, or uses a license or license coupon issued to another person, or makes a false statement in an application, or knowingly guides a hunter who does not have a license as provided in RSA 214, shall be guilty of a violation.
III. [Repealed.]
IV. [Repealed.]
Source. 1935, 124:7. 1937, 188:24. RL 247:24. RSA 214:37. 1959, 29:2. 1969, 8:1. 1971, 45:1. 1973, 530:60. 1981, 57:1. 1993, 280:3. 1994, 227:1. 2008, 151:7, V, eff. June 6, 2008.