CHAPTER Fis 100  ORGANIZATIONAL RULES

 

PART Fis 101  DEFINITIONS

 

          Fis 101.01  “Commission” means the New Hampshire fish and game commission.

 

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

 

New.  #11002, eff 12-22-15

 

          Fis 101.02  “Department” means the New Hampshire fish and game department.

 

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

 

New.  #11002, eff 12-22-15

 

          Fis 101.03  “Director” means the executive director of the fish and game department.

 

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

 

New.  #11002, eff 12-22-15

 

PART Fis 102  DESCRIPTION OF DEPARTMENT

 

          Fis 102.01  Fish and Game Department.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(2)  The Region 1 office in Lancaster;

 

(3)  The Region 2 office in New Hampton;

 

(4)  The Region 3 office in Durham;

 

(5)  The Region 4 office in Keene;

 

(6)  The following fish hatcheries:

 

a.  The Berlin fish hatchery in Berlin;

 

b.  The Twin Mountain fish hatchery in Whitefield;

 

c.  The Milford fish hatchery in Milford;

 

d.  The Warren fish hatchery in Warren;

 

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

 

f.  The Powder Mill fish hatchery in New Durham

 

(7)  The following visitor centers:

 

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

 

b.  The Discovery Room at the Concord headquarters;

 

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

 

(9)  Owl Brook Hunter Education Center.

 

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

 

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

 

New.  #11002, eff 12-22-15

 

Fis 102.02  Fish and Game Commission.

 

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

 

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

 

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

 

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

 

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

 

New.  #11002, eff 12-22-15 (from Fis 102.01)

 

          Fis 102.03   Executive Director.

 

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

 

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

 

          (c)  The executive director is the rulemaking authority for the department as granted in various statutes in Title XVIII.

 

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

 

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

 

Source.  #444, eff 6-17-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss by #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96

 

New.  #11002, eff 12-22-15 (from Fis 102.02)

 

          Fis 102.04  Fisheries Division.

 

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

 

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

 

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

 

New.  #11002, eff 12-22-15 (from Fis 102.03)

 

          Fis 102.05  Wildlife Division.

 

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

 

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

 

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

 

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

 

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

 

New.  #11002, eff 12-22-15

 

          Fis 102.06  Law Enforcement Division.

 

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

 

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

 

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

 

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

 

(1)  Permits to guide bear;

 

(2)  Permits to exhibit wildlife;

 

(3)  State and Federal falconry permits;

 

(4)  Permits to import wildlife;

 

(5)  Permits to possess wildlife;

 

(6)  Permits to propagate wildlife;

 

(7)  Regulated shooting area permits;

 

(8)  Permits to rehabilitate wildlife;

 

(9)  Permits to release wildlife;

 

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

 

(11)  NH special wildlife permits; and

 

(12)  OHRV event permits.

 

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

 

New.  #11002, eff 12-22-15 (from Fis 102.05)

 

          Fis 102.07  Business Division.

 

          (a)  The business division is responsible for

 

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

 

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

 

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

 

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

 

(5)  All business administration and accounting functions; and

 

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

 

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

 

New.  #11002, eff 12-22-15 (from Fis 102.06)

 

          Fis 102.08  Public Affairs Division.

 

          (a)  The public affairs division is responsible for:

 

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

 

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

 

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

 

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

 

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

 

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

 

New.  #11002, eff 12-22-15

 

          Fis 102.09  Marine Division.

 

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

 

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

 

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

 

Source.  #1164, eff 4-25-78; ss by #1670, eff 11-20-80; ss by #2079, eff 7-5-82; ss by #2839, eff 8-31-84; ss and moved by #4899, eff 8-3-90 (see Fis 103.01)

 

New.  #4899, eff 8-3-90; ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96

 

New.  #11002, eff 12-22-15

 

          Fis 102.10  Facilities and Lands Division.

 

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

 

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

 

New.  #11002, eff 12-22-15

 

PART Fis 103  INFORMATION REQUESTS

 

          Fis 103.01  Requests for information.

 

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

 

Executive Director

NH Fish and Game Department

11 Hazen Drive

Concord, NH 03301

 

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

 

          (c)  The primary telephone numbers and addresses are listed in Table 200.1 below:

 

Table 200.01  Department Contact Information

 

 

Telephone #

Address

 

Concord Headquarters

603-271-3421

11 Hazen Drive

Concord, NH 03301

Licensing Information

603-271-3422

 

Executive Director’s Office

603-271-3511

 

Business Office

603-271-2741

 

Inland Fisheries

603-271-2501

 

Law Enforcement

603-271-3217

 

Marine Fisheries (Durham)

603-868-1095

 

Public Affairs

603-271-3211

 

Wildlife

603-271-2462

 

Facilities and Lands

603-271-1134

 

Region 1 Office Lancaster

603-788-3164

629B Main St

Lancaster, NH 03584-3612

 

Region 2 Office New Hampton

603-744-5470

PO Box 417, 200 Main St

New Hampton, NH 03256

 

Region 3 Office Durham

603-868-1095

225 Main Street

Durham NH 03824-4732

 

Region 4 Office Keene

603-352-9669

25 State Highway 9

Keene, NH 03431

 

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

 

Source.  #4899, eff 8-3-90 (from Fis 102.09); ss by #6289, INTERIM, eff 7-20-96, EXPIRED: 11-17-96

 

New.  #11002, eff 12-22-15 (formerly Fis 104.01)

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

Fis 100

RSA 541-A:16, I (a)

Fis 102.01

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

Fis 102.02

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

Fis 102.03

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

Fis 102.04 – 102.10

RSA 206:1-b

Fis 103

RSA 91-A:4