CHAPTER Fis 300  WILDLIFE SEASONS AND RULES

 

Statutory Authority:  RSA Chapter 208

 

PART Fis 301  GAME ANIMALS

 

REVISION NOTE:

 

          Document #6250, effective 5-22-96, adopted a new section Fis 301.01.  Document #6250 also readopted with amendments and renumbered the former Fis 301.01 through Fis 301.06 as Fis 301.02 through Fis 301.07.  The former Fis 301.07 was only renumbered, but not readopted, by Document #6250 as Fis 301.08.  The former Fis 301.08 was readopted with amendment and renumbered by Document #6250 as Fis 301.09.  Former Fis 301.09 and Fis 301.10 were only renumbered, and not readopted, by Document #6250 as Fis 301.10 and Fis 301.11 respectively.

 

          Since the text of the current Fis 301.08, Fis 301.10 and Fis 301.11 were not part of Document #6250, the effective dates for these rules were not changed.

 

          Please note that the source notes for the renumbered sections in Part Fis 301 indicate the filing history for the rule text in that section after the effective date of Document #6250.

 

          Fis 301.01  Definitions.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          Fis 301.02  Wildlife Management Units.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          Fis 301.03  Deer Season

 

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

 

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

 

           (c)  No deer shall be taken at any time in the following locations:

 

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

 

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

 

(3)  Any waters in lakes or ponds.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

d. An archery licensee of any age shall be allowed to take deer with a crossbow during the archery season in WMU L or WMU M;

 

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

 

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

 

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

 

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

 

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

 

(3)  Wildlife management units A, B, C1, C2, D1, D2E shall be open only to the taking of antlered deer;

 

(4)  Wildlife management units E, F, G2, and I2 shall be open to the taking of any deer during the first day of the season and to the taking of antlered deer only during the remaining 10 days;

 

(5)  Wildlife management unit I1 shall be open to the taking of any deer during the first 2 days of the season and to the taking of antlered deer only during the remaining 9 days;

 

(6)  Wildlife management units H1, J1, and K shall be open to the taking of any deer during the first 3 days of the season and to the taking of antlered deer only during the remaining 8 days;

 

(7)  Wildlife management units D2W, H2, and J2 shall be open to the taking of any deer during the first 4 days of the season and to the taking of antlered deer only during the remaining 7 days;

 

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

 

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

 

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

 

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

 

(2)  Wildlife management units D1, D2E, E, and F shall be open to the taking of any deer during the first day of the season and to the taking of antlered deer only during the remaining 25 days;

 

(3)  Wildlife management units G2, I1, and I2 shall be open to the taking of any deer during the first 2 days of the season and to the taking of antlered deer only during the remaining 24 days;

 

(4)  Wildlife management unit J1 shall be open to the taking of any deer during the first 3 days of the season and to the taking of antlered deer only during the remaining 23 days;

 

(5)  Wildlife management units H1, H2, J2, and K shall be open to the taking of any deer during the first 4 days of the season and to the taking of antlered deer only during the remaining 22 days;

 

(6)  Wildlife management units D2W and G1 shall be open to the taking of any deer during the first 5 days of the season and to the taking of antlered deer only during the remaining 21 days; and

 

(7)  Wildlife management units L and M shall be open to the taking of any deer during the first 10 days of the season and to the taking of antlered deer only during the remaining 16 days.

 

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

 

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

 

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

 

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

 

a.  The hunter’s name and address;

 

b.  The date and time of kill;

 

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

 

d.  The licensee’s signature;

 

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

 

a.  Completion of a deer registration report at a department approved registration station, in accordance with Fis 301.04; or

 

b.  Completion of all required fields in an online registration report using the link available at www.wildlife.state.nh.com, provided that deer taken during the first 2 days of muzzleloader season, as specified in paragraph (e) above, or the first 3 days of regular firearms season, as specified in paragraph (f) above, must be registered in-person at a department approved registration station;

 

(3)  Each hunter shall maintain proof of completion of the registration process, whether hard copy or electronic confirmation, for a minimum of 180 days; and

 

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

 

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

 

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

 

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

 

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

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

 

          Fis 301.031  Special Deer Permits – Units L and M, Archery, and Governor’s Island Permits.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(4)  There shall be up to 3000 special deer permits issued for wildlife management unit L as follows:

 

a.  Three thousand special deer permits for wildlife management unit L shall be available through an on-line lottery;

 

b. An applicant shall apply to the lottery on-line from the Department’s web site at  www.wildlife.state.nh.us and shall provide his or her last name, date of birth, and a valid New Hampshire archery or hunting license number;

 

c.   The department shall annually publicize the deadlines for applications:

 

1.  In the NH Hunting Digest;

 

2.  On the department website; and

 

3.  Using any other methods the department finds useful;

 

d.  There shall be no application fee;

 

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

 

f.  After the close of the application period, up to 3000 successful applicants shall be selected via a random lottery, and winners shall be notified by email;

 

g.  Winners shall purchase their special deer permit for wildlife management unit L on-line from the Department’s web site at www.wildlife.state.nh.us;

 

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

 

i.  The fee for a Unit L permit shall be $26 of which $1 shall be an agent fee; and

 

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

 

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

 

b.  An applicant shall provide the following on the “Antlerless Deer Permit for Unit M” form:

 

1.  Applicant's complete name, street address, and mailing address;

 

2.  Telephone number and driver’s license number;

 

3.  Date of birth;

 

4.  Current year’s resident or nonresident hunting or archery license number; and

 

5. Signature of the applicant, signed subject to the penalties for unsworn false statements under RSA 641:3;

 

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

 

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

 

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

 

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

 

g.  Applicants may apply for special deer permits in wildlife management unit M as follows:

 

1.  At the fish and game department Concord headquarters at 11 Hazen Drive, Concord, NH 03301;

 

2.  By mail at the address above in 1; or

 

3.  From the department’s website at www.wildlife.state.nh.us; and

 

h.  The fee for 2 Unit M permits shall be $36 of which $1.00 shall be the agent fee. 

 

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

 

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

 

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

 

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

 

a.  The licensee’s name and address;

 

b.  The date and time of kill;

 

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

 

d.  Signature;

 

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

 

(5)  Any person under the age of 16 and any person over 68 who has a license pursuant to RSA 214:7-a may purchase a special deer permit for archery at any time.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

1.  The specific days of the week;

 

2.  Dates on which hunting will not be allowed;

 

3.  Parking locations;

 

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

 

5.  Locations and removal of deer stands; and

 

6.  Distances from adjoining landowners; and

 

f.  Date of signature;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(10)  Safety belts or harnesses shall be used;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a.  Name, address, and telephone number;

 

b.  Date of birth;

 

c.  Current archery license number; and

 

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

 

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

 

          Fis 301.032  Long Island Deer Permit.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

a.  The specific days of the week;

 

b.  Dates on which hunting will not be allowed;

 

c.  Parking locations;

 

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

 

e.  Locations and removal of deer stands;

 

f.  Distances from adjoining landowners; and

 

(6)  Date of signature.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          (l)  Safety belts or harnesses shall be used.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(1)  Name, address and telephone number;

 

(2)  Date of birth;

 

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

 

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

 

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

 

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

 

          Fis 301.033  Deer Registration Stations.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(2)  Date of agreement;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

1.  The parcels need not be contiguous;

 

2.  Non-contiguous parcels shall be a minimum of 1 acre in size; and 

 

3.  Parcels may be publicly or privately owned;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(4)  Each permit shall be issued with 2 tags, allowing the taking of 2 antlerless deer as defined in Fis 301.01(c), which shall be in addition to the taking of deer authorized by Fis 301.03(d), Fis 301.03(e), Fis 301.03(f), Fis 301.031(a)-(c), and Fis 301.032;

 

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

 

a.  The name of the municipal issuing agent;

 

b.  The hunter’s name and address;

 

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

 

d.  The hunter’s date of birth;

 

e.  The date and time the tag was issued;

 

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

 

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

 

1.  The authorized weapons or method(s) of take;

 

 2.  The dates or times during which hunting may occur;

 

3. Landowner authorization to place bait and, if allowed, the dates during which baiting may occur; and

 

4.  The tax map identification numbers of those parcels to which any of these restrictions apply;

 

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

 

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

 

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

 

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

 

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

 

(1)  The permittee’s name and address;

 

(2)  The date and time of kill;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

           (l)  Following a hearing, the department may revoke or suspend a municipality’s participation in DMAP for failure to comply with any of the conditions of the DMAP program.

 

           (m)  Following a hearing, the department may revoke or suspend any individual DMAP permit upon a finding that:

 

(1)  The permit was obtained through fraud;

 

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

 

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

 

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

 

Source.  #12591, eff 7-25-18; ss by #13644, eff 6-1-23

 

          Fis 301.04  Deer Registration Reports.

 

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

 

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

 

                  (2)  Town of kill;

 

                  (3)  Date of kill;

 

                  (4)  Time of kill;

 

                  (5)  Sex of deer killed;

 

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

 

                  (7)  Weapon type used;

 

                  (8)  Wildlife management unit of kill;

 

                  (9)  Antler length;

 

                  (10)  Total number of antler points;

 

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

 

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

 

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

 

                  (14)  The following license information:

 

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

 

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

 

c.  Date and time the license was issued; and

 

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

 

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

 

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

 

                  (2)  The registration station number.

 

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

 

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

 

Source.  #444, eff 6-17-74; amd by #2119, eff 8-12-82; ss by #2832, eff 8-21-84; ss by #4649, eff 7-24-89; ss by #5673, eff 7-20-93; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #7699, eff 6-5-02; amd by #9720-A, eff 6-5-10, (para (d)); amd by #9720-B, eff 6-5-10, (paras (a)-(c)); ss by #10619, eff 6-2-14; ss by #13211, eff 5-26-11; ss by #13644, eff 6-1-23

 

          Fis 301.041  Minimum Requirements for Crossbow and Archery Equipment Used for Hunting.

 

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

 

(1)  A minimum pull of 125 pounds;

 

(2)  At least one working mechanical safety;

 

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

 

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

 

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

 

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

 

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

 

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

 

c.  If used to hunt turkey, 30 pounds.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Source.  #7922, eff 7-24-03; ss by #8085, eff 5-26-04; amd by #8931, eff 7-6-07; ss by #10142, eff 6-5-12; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21

 

          Fis 301.05  Bear Kill Reports.  All persons reporting a bear kill to a New Hampshire conservation officer, fish and game personnel, or registration agent authorized by the director shall provide the following information on the “Bear Registration Form” subject to the penalties for making unsworn false statements under RSA 641:3:

 

           (a)  The hunter’s:

 

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

 

                  (2)  Hunting license number;

 

                  (3)  Bear permit number, if different;

 

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

 

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

 

                  (6)  Name;

 

                  (7)  Mailing and street address;

 

                  (8)  Date of birth; and

 

                  (9)  Telephone number;

 

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

 

           (c)  The cause of death;

 

           (d)  The date and time of kill;

 

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

 

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

 

          (g)  If female, lactation status;

 

           (h)  Ear-tag numbers, if present;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          Fis 301.06  Bear Season.  

 

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

 

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

 

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

 

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

 

(4)  Muzzleloaders not less than .40 caliber.

 

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

 

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

 

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

 

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

 

Table 300.1

 

Open Season Dates for the Taking of Wild Black Bear in 2023 and 2024

 

Wildlife Management Unit

Without Aid of Bait or Dogs

With Aid of Bait

With Aid of Dogs

A

9/01/2023 to 11/07/2023

9/01/2024 to 11/12/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

B

9/01/2023 to 11/07/2023

9/01/2024 to 11/12/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

C1

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 10/05/2023

9/01/2024 to 10/05/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

C2

9/01/2023 to 11/07/2023

9/01/2024 to 11/12/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

D1

9/01/2023 to 11/07/2023

9/01/2024 to 11/12/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

D2

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 10/05/2023

9/01/2024 to 10/05/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

E

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 10/05/2023

9/01/2024 to 10/05/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

F

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 10/05/2023

9/01/2024 to 10/05/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

G

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 10/05/2023

9/01/2024 to 10/05/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

H1

9/01/2023 to 11/07/2023

9/01/2024 to 11/12/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

H2

9/01/2023 to 11/07/2023

9/01/2024 to 11/12/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

None

I1

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 10/05/2023

9/01/2024 to 10/05/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

I2

9/01/2023 to 11/07/2023

9/01/2024 to 11/12/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

J1

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 10/05/2023

9/01/2024 to 10/05/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

J2

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 10/05/2023

9/01/2024 to 10/05/2024

9/18/2023 to 11/07/2023

9/23/2024 to 11/12/2024

K

9/01/2023 to 11/07/2023

9/01/2024 to 11/12/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

None

L

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

None

M

9/01/2023 to 11/30/2023

9/01/2024 to 11/30/2024

9/01/2023 to 9/28/2023

9/01/2024 to 9/28/2024

None

 

           (f)  In accordance with RSA 208:22, III, dogs shall not be run from bait for the purpose of taking bear after September 10, 2023 or September 15, 2024.

 

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

 

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

 

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

 

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

 

           (k)  Each licensed guide who has been issued a permit to take a bear as described in Fis 1102.06 shall be issued 8 bear guide tags described in Fis 1102.07, subject to the following:

 

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

 

(2)  Section A of the bear guide tag shall be signed by the hunter and securely affixed to the carcass of the bear immediately upon killing the bear;

 

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

 

(4)  Section B of the bear guide tag shall be completely filled out and retained by the guide for his or her records; and

 

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

 

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

 

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

 

           (n)  The bear tag shall contain the following:

 

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

 

(2)  The date and time of kill; and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(2)  Date of agreement;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

(2)  Legs and feet;

 

(3)  Intact skull;

 

(4)  Hide; and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

Source.  #3104, eff 8-22-85; amd by #3128, eff 10-1-85; ss by #4116, eff 8-21-86; ss by #4296, eff 7-21-87; ss by #4462, eff 7-29-88; ss by #4663, eff 8-21-89; ss by #4828, eff 6-1-90; amd by #4859, eff 1-1-91; ss by #5198, eff 8-2-91; amd by #5411, eff 6-19-92; amd by #5458, eff 8-28-92; amd by #5660, eff 6-28-93; ss by #5828, eff 5-24-94; amd by #6041, eff 5-18-95; amd by #6193, eff 2-22-96; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; amd by #7107, eff 9-25-99; ss by #7289, eff 6-1-00; amd by #7427, eff 1-17-01; ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8249, eff 1-6-05; ss by #8644, eff 6-1-06; amd by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; amd by #9458, eff 4-21-09; amd by #9720-A, eff 6-5-10, paras (a)-(n) & (p)-(t)); amd by #9720-B, eff 6-5-10, (para (o)); amd by #9948-A, eff 6-24-11, (paras (a)-(n) & (p)-(v); amd by #9948-B, eff 6-24-11, (para (o)); ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #10751, eff 1-1-15; ss by #10891, INTERIM, eff 7-17-15, EXPIRED: 1-13-16

 

New.  #11114, eff 6-3-16; amd by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #13655, eff 6-1-23

 

          Fis 301.07  Moose Season

 

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

 

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

 

          (c)  The moose season shall be 9 consecutive days and shall open on the third Saturday in October.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          (n)  Moose may be taken in the water.

 

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

 

          (p) The moose tag shall contain the following:

 

(1)  The shooter’s signature;

 

(2)  The date and time of kill;

 

(3)  Town of kill;

 

(4)  Specific location of kill; and

 

(5)  The assigned wildlife management unit. 

 

          (q)  The permittee shall remain with the moose during transportation to the biological check station.  If the moose is shot by the subpermittee, both the permittee and subpermittee shall go to the check station to check the moose.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

          Fis 301.071  Moose Hunter Diary.

 

          (a)  The permittee shall complete the moose hunter diary and return it to the department:

 

(1)  During the registration process at a biological check station as provided in Fis 301.08(e) if successful in taking a moose; or

 

(2)  By mailing it to the department, post marked no later than the second Friday following the close of the moose season, if unsuccessful in taking a moose, to:

 

New Hampshire Fish and Game Department

11 Hazen Drive

Concord, NH 03301

 

          (b)  The permittee shall provide the following information on the moose hunter diary card;

 

(1)  The permittee’s name and permit number;

 

(2)  For each day hunted, the date, total hours hunted, number of bulls seen, number of cows seen, number of calves seen and the number of moose of unknown sex or age seen;

 

(3)  The wildlife management unit hunted;

 

(4)  An indication of whether either the permittee or subpermittee was successful in shooting a moose;

 

(5)  An indication of whether either the permittee or subpermittee did any pre-season scouting for moose, and if so:

 

a.  How many total hours were spent scouting;

 

b.  How many total moose were seen while scouting; and

 

c.  If the permittee or subpermittee was successful in taking a moose, whether the moose was taken in an area that had been scouted.

 

(6)  An indication as to whether the permittee was hunting for a trophy bull, any bull, a cow, a calf, any adult moose or other.

 

Source.  #10347, eff 5-22-13; amd by #10619, eff 6-2-14

 

          Fis 301.08  Moose Registration at Biological Check Stations.

 

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

 

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

 

          (c)  The moose shall be transported in such a manner that a portion of the moose is open to view.

 

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

 

          (e)  At the registration station, the permittee shall provide the fish and game department with his or her completed moose hunter diary card, hunting license, moose permit and completed moose tag as well as the following on the “Moose Registration” form:

 

(1)  Date and time of kill;

 

(2)  Wildlife management unit, town, and locality of kill;

 

(3)  Weapon used;

 

(4)  An indication as to whether or not the moose was taken with aid of a guide;

 

(5)  Shooter’s name, address, telephone number, date of birth, sex, and license number, if required; and

 

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

 

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

 

          (g)  The permittee shall bring in to the biological check station at least the following:

 

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

 

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

 

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

 

(4)  The female reproductive tract including both of the ovaries and the mammary sack; and

 

(5)  All edible portions of the moose.

 

          (h)  Once all moose registration requirements are completed, a moose registration seal as provided in RSA 208:9 shall be affixed by fish and game personnel or their designated agents to the moose for transportation.

 

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

 

          Fis 301.09  Moose Season Lottery.   

 

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

 

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

 

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

 

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

 

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

 

           (f)  No late entries shall be accepted.

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

           (j)  All applications shall be:

 

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

 

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

 

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

 

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

 

           (l)  The lottery drawing shall be:

 

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

 

(2)  Conducted in the following manner:

 

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

 

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

 

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

 

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

 

Table 300.02  Moose Permit Allocation Table

 

Wildlife Management Unit

No. of Permits For Either Sex Moose

No. of Permits Restricted To Antlerless Moose Only

A1

2

0

A2

8

0

B

7

0

C1

3

0

C2

5

0

D1

3

0

D2

0

0

E1

0

0

E2

0

0

E3

0

0

F

0

0

G

0

0

H1

0

0

H2-north

0

0

H2-south

0

0

I1

0

0

I2

0

0

J1

0

0

J2

0

0

K

0

0

L

3

0

M

2

0

 

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

 

1.  Applicants shall be assigned a permit for either sex moose in a wildlife management unit indicated on their application;

 

2.  If all permits for either sex moose in those wildlife management units are filled, applicants shall:

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

                  (2)  The subpermittee’s:

 

                          a.  Complete name and mailing address;

 

                          b.  Date of birth; and

 

                          c.  Telephone number; and

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

                  (2)  Provide the following:

 

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

 

b.  Either:

 

1.  A statement from a physician stating that, due to the permittee’s medical condition, the permittee is physically not able to participate in the current year’s moose hunt, signed subject to the penalties for making unsworn false statements under RSA 641:3; or

 

2.  In the case of active military service, federal documentation which shows that the permittee will be on active duty during the current year’s moose hunt.

 

           (z)  The permittee shall notify department headquarters no later than 4:00 pm on the day before the hunt begins of said intent to defer the current year’s permit.

 

           (aa)  The information referenced in paragraph (y) above and the permit shall be received at department headquarters no later than the second Friday of November.

 

           (ab)  The executive director shall authorize permits, in addition to the permits in paragraph (l)(2)d. above, if the director determines that a department error resulted in the rejection of an eligible application for a permit, provided the issuance will have no significant impact on the moose population and the application would have otherwise been successful based on its random number.

 

Source. #4327, eff 10-22-87; ss by #4348, eff 12-22-87; ss by #4572, eff 2-3-89; amd by #4733, eff 1-22-90; amd by #5125, eff 4-26-91; amd by #5384, eff 4-29-92; amd by #5625, eff6-1-93; ss by #5817, eff 4-26-94; amd by #6038, eff 5-17-95; ss by #6250, eff 5-22-96 (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98;  ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8357, eff 5-25-05; amd by #8931, eff 7-6-07; ss by #9163, eff 5-28-08; amd by #9720-A, eff 6-5-10, (paras (a)-(p) & (r)-(y)); amd by #9720-B, eff 6-5-10, (para (q)); amd by 9800-A, eff 1-1-11 para (k); ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23

         

          Fis 301.10  Rabbits and Hares.

 

          (a)  Snowshoe hares shall only be taken as follows: 

 

(1)  The open season shall be October 1 to March 31; and

 

(2)  The daily bag limit shall be as follows: 

 

a.  In WMUs A through G, and J1 the daily bag limit shall be 3 snowshoe hares; and 

 

b.  In WMUs H1, H2, I1, I2 J2, K, L and M the daily bag limit shall be 2 snowshoe hares; 

 

          (b)  Cottontail rabbits shall only be taken in WMUs H2, K, L and M, except for the closed areas specified in (c), as follows: 

 

(1)  The open season shall be October 1 to January 31;

 

(2)  The open season for falconry shall be October 1 to March 15; and 

 

(3)  The daily bag limit shall be 2 cottontail rabbits. 

 

          (c)  The following areas shall be closed to the taking of cottontail rabbits: 

 

(1)  The portion of WMUs K, M and L bound by Route 28 from the Massachusetts border in Salem, north to, Route 101 in Manchester, Route 101 west to I 93 in Manchester, I 93 north to I 293 in Hooksett,  I 293 south to Granite Street in Manchester, Granite Street south to South Main Street in Manchester, South Main Street south to Route114A in Manchester, Route 114A north to Route 114 in Goffstown, Route 114 north to Route 13 in Goffstown,  Route 13 south to the Massachusetts border in Brookline; and 

 

(2)  The portion of WMU L bound by Route 202/11 west from the Maine border in Rochester, to Route 16, Route 16 south to Route 125, Route 125 south to Route 101, Route 101 east to the Squamscott River, north along the Squamscott River, north along shoreline of Great and Little Bay estuary to the Piscataqua River, and northwest along the Maine border to Route 202/11 at the Maine border. 

 

          (d)  No person shall take hare or rabbits by the use of a snare.

 

Source.  #4551, eff 12-20-88; ss by #4879, eff 7-23-90; ss by #5829, eff 5-24-94; (See Revision Note at part heading for Fis 301); ss by #7289, eff 6-1-00; ss by #7533, eff 7-24-01; amd by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; ss by #9163, eff 5-28-08; ss by #10619, eff 6-2-14; ss by #12591 eff 7-25-18; ss by #13211, eff 5-26-21

 

Fis 301.11  Gray Squirrel.

 

          (a)  The season for gray squirrel shall open September 1 and close January 31.

 

          (b)  The daily bag limit of squirrel shall be 5 gray squirrels.

 

          (c)  No person shall hunt or take squirrels within a compact zone of any village or city or within the limits of any public park or cemetery.

 

Source.  #4551, eff 12-20-88; ss by #4879, eff 7-23-90; ss by #5829, eff 5-24-94; (See Revision Note at part heading for Fis 301); ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; ss by #8085, eff 5-26-04; ss by #9163, eff 5-28-08; ss by #10619, eff 6-2-14; amd by #12591, eff 7-25-18

 

PART Fis 302  GAME BIRDS

 

Statutory Authority:  RSA Chapter 209

 

REVISION NOTE:

 

          The following documents readopted with amendments the rules indicated and therefore supersede all prior filings in each case for those rules.  The documents are exempt from the requirements of RSA 541-A pursuant to RSA 209:6-b.  Therefore the rules in these documents do not expire but remain in effect unless repealed or superseded by later filings as noted.

 

Document #5696, eff. 8-26-93

Fis 302.04 through Fis 302.07 and Fis 302.10

 

Document #5870, effective 7-19-94

Fis 302.02, Fis 302.08 and Fis 302.09

 

Document #5885, effective 8-25-94

Fis 302.04, Fis 302.06, Fis 302.07 and Fis 302.10

 

Document #6088, effective 8-29-95

Fis 304.04 through Fis 302.07 and Fis 302.10

 

          Fis 302.01  Wild Turkey.

 

           (a)  No person shall at any time hunt, shoot, pursue, kill, or take wild turkey in this state without first procuring a turkey permit and the applicable license required under RSA 214.

 

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

 

           (c)  The spring turkey season shall be May 1 through May 31.

 

           (d)  The fall turkey seasons shall be as follows:

 

(1)  The archery season shall be September 15 to December 15, provided that in WMU A the closure date shall be December 8; and

 

(2)  In wildlife management units D2, G, H1, H2, I1, I2, J2, K, L, and M, the shotgun season shall be 7 consecutive days in length, beginning 5 days immediately preceding the moose season as specified in Fis 301.07(c).

 

           (e) Shooting hours shall be as follows:

 

(1)  The shooting hours during the spring turkey season shall begin one half hour before sunrise and end at 12:00 noon; and

 

(2)  The shooting hours during the fall seasons for the taking of wild turkeys shall begin one half hour before sunrise and end one half hour after sunset.

 

           (f)  Persons licensed to take turkeys shall be entitled to take no more than 2 turkeys per year as follows:

 

(1)  One bearded or male turkey may be taken in the spring season described in paragraph (c) above and one turkey of either sex may be taken during the fall archery season or during the fall shotgun season described in paragraph (d) above; or

 

(2)  Two bearded or male turkeys may be taken in the spring season described in paragraph (c) above, provided that:

 

a.  No person shall take a second turkey until the first turkey has been legally registered;

and

 

b. One turkey may be taken statewide, and the other turkey shall only be taken in wildlife management units H1, H2, I1, J2, K, L, or M.

 

           (g)  Nothing in this section shall prohibit a properly licensed turkey hunter, who has taken a turkey, from assisting another properly licensed turkey hunter by calling only.  The person assisting by calling shall not possess a firearm, bow and arrow, or crossbow that could lawfully be used for the purpose of a take.

 

          (h)  For purposes of this section:

 

(1)  “Fanning” means the practice of staying in a stationary position while holding, wearing, or using a real or artificial turkey fan as camouflage to entice a turkey to approach the hunters’ position; and

         

(2)  “Reaping” means the practice of stalking or approaching a turkey while holding, wearing, or using a real or artificial turkey fan as camouflage.

 

          (i)  No person shall employ the practice of fanning or reaping for taking turkey.

 

           (j)  The lawful methods of take shall consist of:

 

(1)  Shotguns, with the following shot and loads:

 

a.  Between 10 and 20 gauge inclusively, with shot size of #4 and smaller, in hunting rather than target loads; or

 

b.  28 gauge and .410, with shot sizes #7 through #9, a minimum shot density of 18 grams per cubic centimeter (G/CC), and a minimum barrel length of 18 inches; and

 

(2)  Bow and arrow or crossbow in accordance with Fis 301.041.

 

          (k)  No person shall use live decoys, electronic calling devices, baiting, cooperative drives, or dogs during the spring turkey season.

 

          (l)  No person shall use live decoys, electronic calling devices, baiting, or cooperative drives during the fall archery season and fall shotgun season.

 

          (m)  No person shall shoot at or take a turkey while the turkey is in a tree, regardless of the method of take.

 

           (n)  The licensed hunter taking the turkey shall register and report the kill as follows:

 

(1)  Immediately upon killing a turkey, the licensed hunter shall:

 

a.  Detach the turkey tag from his or her license;

 

b.  Fill out the tag with the name and address of the licensee who killed the turkey, the date and time of kill, and the WMU where the turkey was killed;

 

c.  Securely attach the tag to the leg of the turkey; and

 

d.  Keep the carcass fully feathered and intact, except that the carcass may be eviscerated before completing the registration process;

 

(2)  Not attach a turkey tag to a turkey that person did not kill;

 

(3)  Not possess a turkey tag that was not issued to that person; and

 

(4)  Not transport a wild turkey unless it is tagged with a turkey tag and is accompanied by the licensed hunter who took the turkey. 

 

          (o)  Any turkey taken during the special youth hunting days for turkey in accordance with Fis 1204.03(a) or during any other turkey season shall be registered within 24 hours of taking in accordance with one of the following methods:

 

(1)  Completion of a turkey registration report and receipt of a confirmation number from a department approved registration station in accordance with Fis 302.012; or

 

(2)  Completion of all required fields in an online registration report using the link available at  www.wildlife.state.nh.us and receipt of an electronic confirmation that the report was completed and accepted by the department. 

 

          (p)  Each hunter shall maintain proof of completion of the registration process for a minimum of 180 days in the form of:

 

(1)  The confirmation number from a department registration station; or

 

(2)  An electronic or printed copy of the computer screen that acknowledges the filing of the registration survey in the online registration tool described in subparagraph (o)(2) above and which shows the confirmation number issued by the online system. 

 

          (q)  If requested, the carcass of the turkey shall be exhibited to a conservation officer for examination to determine the method of kill.

 

Source.  #1543, eff 3-10-80; amd by #1731, eff 3-24-81; amd by #1986, eff 3-24-82; ss by #2337, eff 4-8-83; amd by #2675, eff 4-18-84; amd by #2991, eff 3-22-85; amd by #4032, eff 4-1-86; amd by #4247, eff 3-30-87; amd by #4398, eff 4-18-88; ss by #4603, eff 4-26-89; ss by #4787, eff 3-22-90; amd by 4859, eff 1-1-91; amd by #5176, eff 7-11-91; amd by #5385, eff 4-29-92; ss by #5612, eff 4-16-93; ss by #5799, eff 3-22-94; amd by #6025, eff 4-26-95; amd by #6250, eff 5-22-96; ss by #6341, eff 1-1-97; ss by #6784, eff 1-1-99; amd by #6841, eff 1-1-99; ss by #7289, eff 6-1-00; ss by #7532, eff 1-1-02; amd by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; ss by #8357, eff 5-25-05; ss by #8644, eff 6-1-06; ss by #9055, eff 1-2-08; ss by #9171, eff 6-5-08; ss by #9720-A, eff 6-5-10; amd by #10037, eff 11-29-11; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; amd by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23

 

          Fis 302.011  Turkey Registration Stations.

 

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

 

(1)  The proposed station location is greater than 10 travel miles from the nearest adjacent station, unless an adjacent station(s) registers more than 100 spring turkeys, was in existence on 12/31/09, or the proposed station location will provide increased opportunity for hunters to register turkey by offering extended hours;

 

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

 

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

 

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

 

           (b)  Turkey registration agents under RSA 209:12-a shall provide the following information on a “Turkey Registration Station Agreement”:

 

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

 

(2)  Date of agreement;

 

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

 

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

 

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

 

           (c)  The turkey registration station owner, operator, and employees shall print legibly, accurately, and completely when filling out the turkey registration form described in Fis 302.012.

 

          (d)  The turkey registration station owner or operator shall sign the agreement in the presence of a witnessing department conservation officer or designee, who shall also sign the agreement.

 

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

 

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

 

           (g)  Failure to accurately and legibly provide the information specified in Fis 302.012 on the turkey registration report shall, after notice and opportunity for a hearing, result in the suspension or closure of the registration station.

 

           (h)  Those registration stations which are also fish and game agents as defined in RSA 214-A:1, II shall remain in good standing with regard to the requirements of RSA 214-A.

 

           (i)  Turkey registration agents may collect up to $5.00 as a registration agent fee pursuant to RSA 209:12-a, I(b).

 

Source.  #8085, eff 5-26-04; amd by #9720-A, eff 6-5-10, (paras (a) & (e)-(i)); amd by #9720-B, eff 6-5-10, (paras (b)-(d)); ss by #12591, eff 7-25-18; ss by #13644, eff 6-1-23

 

          Fis 302.012  Turkey Registration Reports.

 

           (a)  All persons reporting a turkey kill to a turkey registration station under RSA 209:12-a shall provide the following:

 

                  (1)  The shooter’s:

 

a.  Name;

 

b.  Street and mailing address;

 

c.  Telephone number;

 

d.  Residency; and

 

e.  Date of birth;

 

                  (2)  Town of kill;

 

                  (3)  Date of kill;

 

                  (4)  Time of kill;

 

                  (5)  The following information about the turkey:

 

a.  Sex;

 

b.  Weight;

 

c.  Length of beard to the nearest ¼ inch;

 

d.  Length of left and right spurs;

 

e.  Age, by indicating whether the turkey is adult or immature; and

 

f.  Description of any abnormality, injury, off coloration, leg band, or wing streamer on turkey;

 

                  (6)  Weapon type used;

 

                  (7)  Wildlife management unit of kill;

 

                  (8)  The following license information:

 

a.  Hunting license type(s) and license number(s) held by licensee; and

 

b.  Permit type(s) and permit number(s) held by licensee and under which the turkey was taken; and

 

                  (9)  The registration number of the vehicle transporting the turkey.

 

           (b)  The registration agent shall include the following:

 

(1)  The date and time of turkey registration;

 

(2)  The date and time of turkey license purchase; and

 

(3)  The registration station number.

 

           (c)  The hunter shall sign the paper report subject to the penalties for making unsworn false statements under RSA 641:3.

 

           (d)  The registration agent shall:

 

(1)  Provide the hunter with a turkey confirmation number; and

 

(2)  Sign the paper report or file the electronic report subject to the penalties for making unsworn false statements under RSA 641:3.

 

Source.  #8085, eff 5-26-04; amd by #9720-A, eff 6-5-10, (para (d)(1)); amd by 9720-B, eff 6-5-10, paras (a)-(c) & (d) intro & (d)(2); ss by #11114, eff 6-3-16; ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23

 

          Fis 302.02  American Crow.

 

          (a)  Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking American crow (Corvus brachyrhynchos) shall open on March 16 and close on March 31; open again on August 15 and close again on November 30 each year.

 

          (b)  There shall be no bag limit for crows.

 

          (c)  Crows shall not be hunted from an aircraft.

 

          (d)  Crows shall be taken with firearms, bow and arrow, or falconry.

 

Source.  #984, eff 8-1-77; ss by #2150, eff 10-6-82; ss by #2832, eff 8-21-84; ss by #4463, eff 7-29-88; (See Revision Note at part heading for Fis 302) #5870, eff 7-19-94; ss by #7289, eff 6-1-00; ss by #7359, EXEMPT, eff 8-24-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #8121, EXEMPT, eff 7-14-04

 

          Fis 302.03  Raven.  There shall be no open season on raven (Corvus corax).

 

Source.  #984, eff 8-1-77; ss by #2150, eff 10-6-82; ss by #2832, eff 8-21-84; ss by #4858, eff 7-5-90; ss by #6250, eff 5-22-96; ss by #8085, eff 5-26-04; ss by #9985, EXEMPT, eff 8-24-11

 

          Fis 302.04  Ducks, Mergansers, and Sea Ducks

 

          (a)  Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking ducks, mergansers, and sea ducks shall be as follows:

 

(1)  The season for taking ducks, mergansers, and sea ducks in the inland zone shall open October 5 and close November 3; reopen on November 22 and close again on December 21;

 

(2)  The season for taking ducks, mergansers, and sea ducks in the coastal zone shall open on October 4 and close on October 10; reopen on November 22 and close again on January 13;

 

(3)  The season for taking ducks, mergansers, and sea ducks in the northern zone shall open on October 2 and close on November 30; and

 

(4)  There shall be no open season for Harlequin ducks.

 

          (b)  The delineation of the inland, northern and coastal boundaries shall be as follows:

 

(1)  Coastal zone - Beginning at the Maine-New Hampshire line in Rollinsford, that portion of the state of New Hampshire east of a boundary formed by state highway 4, west to the city of Dover, south to the intersection of state highway 108, south along state highway 108 through Madbury, Durham and New Market to the junction of state highway 85 in Newfields, south to state highway 101 in Exeter, east to Interstate 95 (New Hampshire Turnpike) in Hampton, and south on Interstate 95 to the Massachusetts border;

 

(2)  Northern zone - That area of the state east of the Connecticut River zone and north of the inland zone beginning at the junction of route 10 and route 25A in Orford, east on route 25A to route 25 in Wentworth, southeast on route 25 to exit 26 of route I-93 in Plymouth, south on route I-93 to route 3 at exit 24 of route I-93 in Ashland, northeast on route 3 to route 113 in Holderness, north on route 113 to route 113-A in Sandwich, north on route 113-A to route 113 in Tamworth, east on route 113 to route 16 in Chocorua, north on route 16 to route 302 in Conway, east on route 302 to the ME-NH border; and

 

(3)  Inland zone - The remaining portion of the state including the Connecticut river zone as specified in RSA 209:5-a.

 

          (c)  Daily shooting or falconry hours shall begin at one-half hour before sunrise and end at sunset.

 

          (d)  Taking of ducks in the inland, northern and coastal zone shall be limited to a daily bag of 6, and a possession limit of 18.  Taking of sea ducks shall be limited to a daily bag limit of 4 and a possession limit of 12.  Taking of mergansers shall be limited to a daily bag of 5, and a possession limit of 15.  The falconry daily bag limit shall not exceed 3 migratory game birds in the aggregate.

 

           (e)  The species of ducks named below shall be subject to the following restricted bag limits, and shall be included as part of the daily bag limit specified in paragraph (d):

 

(1)  Taking of black ducks statewide shall be limited to a daily bag of 2 and a possession limit of 6;

 

(2)  Taking of wood ducks statewide shall be limited to a daily bag of 3 and a possession limit of 9;

 

(3)  Taking of redheads statewide shall be limited to a daily bag of 2 and a possession limit of 6;

 

(4)  Taking of mallards statewide shall be limited to a daily bag of 4 (only 2 of which may be a hen), and a possession limit of 12 (only 6 of which may be hens);

 

(5)  Taking of pintails statewide shall be limited to a daily bag of 1, and a possession limit of 3;

 

(6)  Taking of scaup statewide shall be limited to a daily bag of 1 and a possession limit of 3;

 

(7)  Taking of scoter statewide shall be limited to a daily bag limit of 3 and a possession limit  of 9;

 

(8)  Taking of eiders statewide shall be limited to a daily bag limit of 3 (only 1 of which may be a hen) and a possession limit of 9;

 

(9)  Taking of long-tailed ducks statewide shall be limited to a daily bag limit of 3 and a possession limit of 9; and

 

(10)  Taking of canvasbacks statewide shall be limited to a daily bag of 2 and a possession limit of 6.

 

          (f)  In addition to the regular migratory bird season, there shall be a special extended falconry season on ducks, mergansers, and American coots as follows: 

 

(1)  The inland zone season extension shall open on November 4 and shall close on November 21, reopen on December 22 and close again January 17;

 

(2)  The coastal zone season extension shall open on January 26 and close on March 10; 

 

(3)  The northern zone season shall open on December 1 and shall close on January 14; and

 

(4)  The daily bag and possession limits for falconry are specified in Fis 302.04.

 

          (g)  Non-toxic shot shall be required statewide for the taking of ducks and mergansers.  For the purposes of this section “nontoxic shot” means, as it does in 50 CFR 20, any shot type that does not cause sickness and death when ingested by migratory birds as determined under 50 CFR 20.  The only shot currently approved by the Director, US Fish and Wildlife Service, are steel shot, bismuth-tin shot, tungsten-iron shot, tungsten-polymer shot, tungsten-matrix shot, tungsten-nickel-iron shot, tungsten-bronze shot, tungsten-tin-bismuth shot, tungsten-tin-iron-nickel shot, tungsten-iron-copper-nickel shot, tungsten-tin-iron shot, and tungsten-iron-polymer shot.

 

Source.  #1635, eff 9-22-80; amd by #1821, eff 9-29-81; amd by #1447, eff 10-3-79; ss by #2150, eff 10-6-82; amd by #2493, eff 9-30-83; ss by #2865, eff 9-27-84; amd by #3115, eff 9-16-85; amd by #4127, eff 9-5-86; amd by #4307, eff 8-28-87; ss by #4490, eff 9-16-88; ss by #4634, eff 6-21-89; ss by #4674, eff 9-19-89; ss by #4929, eff 9-6-90; ss by #5216, eff 8-30-91; ss by #5460, eff 8-31-92; ss by #5696, eff 8-26-93; (See Revision Note at part heading for Fis 302) #5885, eff 8-25-94; (See Revision Note at part heading for Fis 302) #6088, eff 8-29-95; ss by #6331, eff 8-26-96; ss by #6579, EXEMPT, eff 9-16-97; ss by #6850, EXEMPT, eff 8-27-98; ss by #7092, EXEMPT, eff 9-2-99; ss by #7360, EXEMPT, eff 8-25-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7757, EXEMPT, eff 8-22-02; ss by #7941-A, EXEMPT, eff 8-25-03; ss by #8154, EXEMPT, eff 9-2-04; ss by #8421, EXEMPT, eff 8-18-05; ss by #8734, EXEMPT, eff 9-25-06; ss by #8982, EXEMPT, eff 9-21-07; ss by #9251, EXEMPT, eff 8-29-08; ss by #9540, EXEMPT, eff 9-10-09; ss by #9771, EXEMPT, eff 8-26-10; ss by #9985, EXEMPT, eff 8-24-11; ss by #10174, EXEMPT, eff 8-22-12; ss by #10400, EXEMPT, eff 8-21-13; ss by #10658, EXEMPT, eff 8-16-14; ss by #10911, EXEMPT, eff 8-22-15; ss by #11072, EXEMPT, eff 4-14-16; ss by #12159, EXEMPT, eff 4-14-17; ss by #12514, EXEMPT, eff 4-14-18; ss by #12759, EXEMPT, eff 4-16-19; ss by #13034, eff 4-14-20; ss by #13197, eff 4-24-21; ss by #13376, eff 4-14-22; ss by #13609, EXEMPT, eff 4-15-23

 

          Fis 302.05 Coots.

 

           (a)  Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking coots shall be as follows:

 

(1)  The inland zone, as specified in Fis 302.04(a)(3), shall open October 5 and close onNovember 3; reopen on November 22 and close again on December 21; 

 

(2)  The coastal zone, as specified in Fis 302.04(a)(1), shall open on October 4 and close on October 10; reopen on November 22 and close again on January 13; and

 

(3)  The northern zone, as specified in Fis 302.04 (a)(2), shall open on October 2 and close on November 30.

 

         (b)  Taking of coots shall be limited to a daily bag of 15, and possession limit of 45.

 

          (c)  Daily shooting hours shall be from one-half hour before sunrise until sunset.

 

          (d)  Nontoxic shot, as defined in Fis 302.04(g), shall be required statewide for the taking of coots.

 

Source.  #1447, paragraphs (b) & (c), eff 10-3-79; #1633, paragraph (a); amd by #1787, paragraph (a), eff 7-29-81; ss by #2131, eff 9-8-82; ss by #2865, eff 9-27-84; ss by #4490, eff 9-16-88; ss by #4634, eff 6-21-89; ss by #4674, eff 9-19-89; (See Revision Note at part heading for Fis 302) #5696, eff 8-26-93; (See Revision Note at part heading for Fis 302) #6088, eff 8-29-95; ss by #7359, EXEMPT, eff 8-24-00; ss by #8121, EXEMPT, eff 7-14-04; ss by #8421, EXEMPT, eff 8-18-05; ss by #10400, EXEMPT, eff 8-21-13; ss by #11072, EXEMPT, eff 4-14-16; ss by #12759, EXEMPT, eff 4-16-19; ss by #13034, eff 4-14-20; ss by #13197, eff 4-24-21; ss by #13376, eff 4-14-22 (formerly Fis 302.06); ; ss by #13609, EXEMPT, eff 4-15-23

 

          Fis 302.06  Geese.

 

          (a)  Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the regular Canada goose season shall be as follows:

 

(1)  The inland zone, as specified in Fis 302.04(a)(3), shall open October 5 and close on November 3; reopen on November 22 and close again on December 21.

 

(2)  The coastal zone, as specified in Fis 302.04(a)(1),  shall open October 4 and close October 10; reopen on November 22 and close again on January 13;

 

(3)  The northern zone, as specified in Fis 302.04(a)(2), shall open October 2 and close on November 30; and

 

(4)  Taking of Canada geese shall be limited to a daily bag of 2, and a possession limit of 6.

 

          (b)  The season for taking snow geese shall be as follows:

 

(1)  The inland zone, as specified in Fis 302.04(a)(3), shall open on October 5 and shall close on December 21; 

 

(2)  The coastal zone, as specified in Fis 302.04(a)(1), shall open on October 4 and close on January 13; and

 

(3)  The northern zone, as specified in 302.04(a)(2), shall open on October 2 and shall close on November 30.

 

          (c)  The taking of snow geese statewide shall be limited to a daily bag of 25, and there shall be no possession limit.

 

         (d)  Daily shooting hours shall begin at one-half hour before sunrise and end at sunset.

 

          (e)  Nontoxic shot, as defined in Fis 302.04(g), shall be required statewide for the taking of geese.

 

Source.  #1821, eff 9-29-81; amd by #1447, eff 10-3-79; ss by #2150, eff 10-6-82; ss by #2865, eff 9-27-84; amd by #4127, eff 9-5-86; amd by #4307, eff 8-28-87; ss by #4490, eff 9-16-88; ss by #4634, eff 6-21-89; ss by #4674, eff 9-19-89; ss by #4929, eff 9-6-90; ss by #5216, eff 8-30-91; ss by #5460, eff 8-31-92; ss by #5696, eff 8-26-93; (See Revision Note at part heading for Fis 302) #5885, eff 8-25-94; (See Revision Note at part heading for Fis 302) #6088, eff 8-29-95; ss by #6331, eff 8-26-96; ss by #6579, EXEMPT, eff 9-16-97; ss by #6850, EXEMPT, eff 8-27-98; ss by #7092, EXEMPT, eff 9-2-99; ss by #7360, EXEMPT, eff 8-25-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7757, EXEMPT, eff 8-22-02; ss by #7941-A, EXEMPT, eff 8-25-03; ss by #8154, EXEMPT, eff 9-2-04; ss by #8421, EXEMPT, eff 8-18-05; ss by #8734, EXEMPT, eff 9-25-06; ss by #8982, EXEMPT, eff 9-21-07; ss by #9251, EXEMPT, eff 8-29-08; ss by #9540, EXEMPT, eff 9-10-09; ss by #9771, EXEMPT, eff 8-26-10; ss by #9985, EXEMPT, eff 8-24-11; ss by #10174, EXEMPT, eff 8-22-12; ss by #10400, EXEMPT, eff 8-21-13; ss by #10658, EXEMPT, eff 8-16-14; ss by #10911, EXEMPT, eff 8-22-15; ss by #11072, EXEMPT, eff 4-14-16; ss by #12159, EXEMPT, eff 4-14-17; ss by #12514, EXEMPT, eff 4-14-18; ss by #12759, EXEMPT, eff 4-16-19; ss by #13034, eff 4-14-20; ss by #13197, eff 4-24-21; ss by #13376, eff 4-14-22 (formerly Fis 302.07)

 

          Fis 302.061  Special September Canada Goose Season.

 

          (a)  The special statewide September season to take Canada geese shall September 1 and close September 25.

 

          (b)  The taking of Canada geese shall be limited to a daily bag limit of 5 Canada geese, and a possession limit of 15.

 

          (c)  Nontoxic shot, as defined in Fis 302.04(g), shall be required for the taking of Canada geese.

 

          (d)  Daily shooting hours shall begin one-half hour before sunrise and end at sunset.

 

Source.  #6309, eff 7-30-96; ss by #6553, eff 7-23-97; ss by #6850, EXEMPT, eff 8-27-98; ss by #7067, EXEMPT, eff 8-1-99; ss by #8121, EXEMPT, eff 7-14-04; ss by #8943, EXEMPT, eff 7-18-07; ss by #10400, EXEMPT, eff 8-21-13; ss by #10911, EXEMPT, eff 8-22-15; renumbered by #13376 (formerly Fis 302.071)

 

          Fis 302.062  National Migratory Bird Harvest Information Program (HIP).

 

          (a)  In accordance with 50 CFR Part 20.20, New Hampshire is required to participate in the migratory bird harvest information program (HIP) as of 1998.  This law requires that any person taking migratory waterfowl identify themselves as a migratory bird hunter and submit his or her name, address and date of birth to the licensing authority as well as have evidence on his or her person of compliance with this requirement.  The purpose of this section is to specify the requirements for any person taking migratory birds in New Hampshire.

 

          (b)  In addition to the licensing requirements of RSA 214 and 209:6, any person taking migratory waterfowl, woodcock or snipe shall have a migratory bird HIP validation number recorded on his/her current hunting license.

 

          (c)  Applicants shall call the telephone number provided by the department or go online at www.wildlife.state.nh to complete a HIP survey.

 

          (d)  Applicants shall obtain the HIP validation number after completing the HIP survey and shall record it in the space provide on their hunting or combination hunting and fishing licenses.

 

          (e)  The applicant shall provide the following information on the HIP survey:

 

(1)  The applicant's complete name;

 

(2)  The complete mailing address;

 

(3)  The applicant's date of birth; and

 

(4)  An indication as to whether the applicant hunted for migratory waterfowl, woodcock, or snipe and how many birds were taken during the previous season.

 

Source.  #6578, eff 12-1-97; ss by #7289, eff 6-1-00; ss by #7359, EXEMPT, eff 8-24-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7739, EXEMPT, eff 8-1-02; renumbered by #13376 (formerly Fis 302.072)

 

          Fis 302.07  Common Snipe.

 

          (a)  Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking common snipe shall open on September 15 and close on November 14 each year.

 

          (b)  Taking of common snipe shall be limited to a daily bag of 8, and a possession limit of 24.

 

          (c)  Daily shooting hours shall begin one-half hour before sunrise and end at sunset.

 

Source.  #1447, eff 10-3-79, paragraphs (b) & (c); amd by #1811, eff 9-17-81; ss by #2131, eff 9-8-82; amd by #2455, eff 8-28-83; ss by #2865, eff 9-27-84; amd by #4119, eff 8-21-86; ss by #4318, eff 9-28-87; ss by #4463, eff 7-29-88; (See Revision Note at part heading for Fis 302) #5870, eff 7-19-94; ss by 6553, eff 7-23-97; ss by #7739, EXEMPT, eff 8-1-02; ss by #7757, EXEMPT, eff 8-22-02; ss by #8943, EXEMPT, eff 7-18-07; ss by #9985, EXEMPT, eff 8-24-11; ss by #10400, EXEMPT, eff 8-21-13; renumbered by #13376 (formerly Fis 302.08)

 

          Fis 302.08  American Woodcock.

 

          (a)  Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking woodcock shall open on October 1 and close on November 14 each year.

 

          (b)  Taking of woodcock shall be limited to a daily bag of 3, and a possession limit of 9.

 

          (c)  Daily shooting hours shall begin one-half hour before sunrise and end at sunset.

 

Source.  #1444, eff 9-22-79, paragraphs (b) & (c); amd by #1799, eff 8-24-81; ss by #2131, eff 9-8-82; amd by #2455, eff 8-28,83; ss by #2833, eff 8-21-84; amd by #3115, eff 9-16-85; ss by #4119, eff 8-21-86; ss by #4463, eff 7-29-88; (See Revision Note at part heading for Fis 302) #5870, eff 7-19-94; ss by #6553, eff 7-23-97; ss by #7739, EXEMPT, eff 8-1-02; ss by #7757, EXEMPT, eff 8-22-02; ss by #8943, EXEMPT, eff 7-18-07; ss by #9985, EXEMPT, eff 8-24-11; ss by #10400, EXEMPT, eff 8-21-13; renumbered by #13376 (formerly Fis 302.09)

 

          Fis 302.09  Brant.

 

          (a)  Pursuant to authority granted by RSA 209:6-b, and in accordance with 50 CFR Part 20, the season for taking brant shall be as follows:

 

(1)  The inland zone, as specified in Fis 302.04(a)(3), shall open on October 5 and close on November 3;

 

(2)  The coastal zone, as specified in Fis 302.04(a)(1), shall open on October 4 and close on October 10; reopen on November 22 and close again on December 14, and

 

(3)  The northern zone, as specified in Fis 302.04(a)(2), shall open on October 2 and close on October 31.

 

          (b)  The taking of brant shall be limited to a daily bag limit of 1, and a possession limit of 3.

 

          (c)  Daily shooting hours shall begin at one-half hour before sunrise and end at sunset.

 

          (d)  Nontoxic shot, as defined in Fis 302.04(g), shall be required statewide for the taking of brant.

 

Source.  #1447, eff 10-3-79; #1821, eff 9-29-81; ss by #2150, eff 10-6-82; ss by #2865, eff 9-27-84; amd by #3115, eff 9-16-85; amd by #4127, eff 9-5-86; amd by #4307, eff 8-28-87; ss by #4490, eff 9-16-88; ss by #4634, eff 6-21-89; ss by #4674, eff 9-19-89; ss by #4929, eff 9-6-90; ss by #5216, eff 8-30-91; ss by #5460,eff 8-31-92; ss by #5696, eff 8-26-93; (See Revision Note at part heading for Fis 302) #5885, eff 8-25-94; (See Revision Note at part heading for Fis 302) #6088, eff 8-29-95; ss by #6331, eff 8-26-96; ss by #6579, EXEMPT, eff 9-16-97; ss by #6850, EXEMPT, eff 8-27-98; ss by #7092, EXEMPT, eff 9-2-99; ss by #7360, EXEMPT, eff 8-25-00; ss by #7550, EXEMPT, eff 8-29-01; ss by #7941-A, EXEMPT, eff 8-25-03; ss by #8154, EXEMPT, eff 9-2-04; ss by #8421, EXEMPT, eff 8-18-05; ss by #8734, EXEMPT, eff 9-25-06; ss by #8982, EXEMPT, eff 9-21-07; ss by #9251, EXEMPT, eff 8-29-08; ss by #9540, EXEMPT, eff 9-10-09; ss by #9771, EXEMPT, eff 8-26-10; ss by #9985, EXEMPT, eff 8-24-11; ss by #10174, EXEMPT, eff 8-22-12; ss by #10400, EXEMPT, eff 8-21-13; ss by #10400, EXEMPT, eff 8-21-13; ss by #11072, EXEMPT, eff 4-14-16; ss by #12159,eff 4-14-17; ss by #12514, EXEMPT, eff 4-14-18; ss by #12759, EXEMPT, eff 4-16-19; ss by #13034, eff 4-14-20; ss by #13376, EXEMPT, eff 4-14-12 (formerly Fis 302.10); ss by #13376, eff 4-14-22; ss by #13609, eff 4-15-23

 

          Fis 302.10  Rails and Gallinules.  There shall be no open season for rails or for gallinules.

 

Source.  #1670, eff 11-20-80; ss by #2150, eff 10-6-82; ss by #2865, eff 9-27-84; ss by #4858, eff 7-5-90; ss by #6250, eff 5-22-96; ss by #7881, eff 4-26-03, EXPIRED: 4-26-11

 

New.  #9977, INTERIM, eff 8-20-11, EXPIRES: 2-16-12; ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18; renumbered by #13376 (formerly Fis 302.11)

 

          Fis 302.11  Pheasant.

 

          (a)  The open season for pheasant shall be October 1 through December 31, however the pheasant season shall be closed until noon each Thursday and Friday as specified in Table 300.02 below:

 

Table 300.02 Days Pheasant Season Closed Until Noon

 

If the October 1 Opening Day of Season Occurs on a:

On the Following Days the Season is Closed Until Noon:

Sunday

Thursday and Friday, October 5-6, 12-13, and 19-20

Monday

Thursday and Friday, October 4-5, 11-12, and 18-19

Tuesday October 1

Thursday and Friday, October 3-4, 10-11, and 17-18

Wednesday

Thursday and Friday, October 2-3, 9-10, and 16-17

Thursday

Thursday and Friday, October 8-9, 15-16, and 22-23

Friday

Thursday and Friday, October 7-8, 14-15,  and 21-22

Saturday

Thursday and Friday, October 6-7, 13-14,  and 20-21

 

          (b)  The daily bag limit shall be 2 pheasants and the season limit shall be 10 pheasants.

 

Source.  #4551, eff 12-20-88; ss by #4879, eff 7-23-90; ss by #5210, eff 8-26-91; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00

 

New.  #7289, eff 6-1-00; ss by #8085, eff 5-26-04; ss by #10037, eff 11-29-11; amd by #10948, EMERGENCY, eff 10-16-15, EXPIRED: 4-13-16; amd by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; renumbered by #13376 (formerly Fis 302.12)

 

          Fis 302.12  Northern Bobwhite Quail.

 

          (a)  The open season for northern bobwhite quail shall be October 1 through December 31.

 

          (b)  The daily bag limit shall be 4.

 

Source.  #4551, eff 12-20-88; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00

 

New.  #7289, eff 6-1-00; ss by #8085, eff 5-26-04; ss by #9163, eff 5-28-08; ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18; renumbered by #13376 (formerly Fis 302.13)

 

          Fis 302.13  Ruffed Grouse/Partridge (Bonasa umbellus), Chukar Partridge (Alectoris chuka), and Hungarian Partridge (Perdix perdix).

 

          (a)  The open season for ruffed grouse, chukar partridge, and Hungarian partridge shall be October 1 through December 31.

 

          (b)  The daily limit shall be 4 ruffed grouse, chukar partridge, and Hungarian partridge.

 

Source.  #4551, eff 12-20-88; ss by 5210, eff 8-26-91; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #6250, eff 5-22-96; ss by #6520, eff 5-31-97; ss by #7107, eff 9-25-99; ss by #7289, eff 6-1-00; ss by #8085, eff 5-26-04; ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18; renumbered by #13376 (formerly Fis 302.14)

 

PART Fis 303  FURBEARING ANIMALS

 

Statutory Authority:  RSA Chapter 210, RSA 210:23

 

          Fis 303.01  Definitions.

 

          (a)  "Snare" means a device made of wire, synthetic cord, or other material that is in the form of a noose with a slipknot, stop, swivel, or, eyelet holes and is designed or set with the intent of capturing an animal by the neck, leg or body.  Snares include but are not limited to pole snare, neck snare and foot snare such as an Aldrich or Novack snare.

 

          (b)  “Body gripping trap” means a trap, excluding snares, designed and constructed to hold an animal by the body.

 

Source.  #4155, eff 10-31-86; ss by #4858, eff 7-5-90, EXPIRED: 7-5-96

 

New.  #6292, eff 7-20-96; ss by #8085, eff 5-26-04; ss by #10037, eff 11-29-11; ss by #10619, eff 6-2-14; ss by #12591, eff 7-25-18

 

          Fis 303.02  Muskrat, Mink, Weasel, Otter, and Beaver.

 

          (a)  The open season for taking muskrat, mink, weasel, otter, and beaver by use of traps shall be:

 

(1)  October 15 through April 10 in wildlife management units A, B, C, D, E, and F; and

 

(2)  November 1 through April 10 in wildlife management units G, H, I, J, K, L, and M.

 

          (b)  The open season for taking muskrat, mink, and weasel by use of firearms or bow and arrow shall be:

 

(1)  October 15 through April 10 in wildlife management units A, B, C, D, E, and F; and

 

(2)  November 1 through April 10 in wildlife management units G, H, I, J, K, L, and M.

 

          (c)  The season limit for otter shall be 10 otters.

Source.  #1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5210, eff 8-26-91; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #7881, eff 4-26-03; ss by #8644, eff 6-1-06; ss and moved by #9163, eff 5-28-08 (formerly Fis 303.011); ss by #9720-A, eff 6-5-10; ss by #10142, eff 6-5-12; ss by #13408, eff 7-26-22

 

          Fis 303.03  Fox, Red and Gray, Raccoon, Opossum, and Skunk.

 

          (a)  The season for taking red and gray fox, raccoon, opossum, and skunk by use of traps shall:

 

(1)  Open in WMUs A, B, C, D, E, and F on October 15 and close on December 31; and

 

(2)  Open in WMUs G, H, I, J, K, L, and M on November 1 and close on January 15.

 

          (b)  The season for taking raccoon, red and gray fox, opossum, and skunk by use of firearms or bow and arrow shall open on September 1 and close on March 31.

 

          (c)  In addition to the provisions of Fis 303.03 (b), raccoons may be taken at night during the open season in accordance with the provisions of RSA 210:2.

 

Source.  #1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5210, eff 8-26-91; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #7881, eff 4-26-03; ss by #8085, eff 5-26-04; ss by #8644, eff 6-1-06; ss by #9163, eff 5-28-08; ss by #9720-A, eff 6-5-10; amd by #9880-A, eff 3-1-11; ss by #10142, eff 6-5-12; ss by #13408, eff 7-26-22

 

          Fis 303.04  Fisher.

 

          (a)  The open season for taking fisher by traps shall be December 1 through December 31.

 

          (b)  The open season for taking fisher by firearms or bow and arrow shall be December 1 through January 31.

 

          (c)  The statewide season bag limit shall be 2 fisher.

 

          (d) The lower jaw of a fisher harvested by any legal means shall be provided to fish and game personnel at the time of sealing in accordance with Fis 303.11.

 

Source.  #1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5210, eff 8-26-91; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #7881, eff 4-26-03; ss by #8644, eff 6-1-06; ss by #8764, eff 11-23-06; ss and moved by #9163, eff 5-28-08 (formerly Fis 303.05); ss by #10619, eff 6-2-14; amd by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-21

 

          Fis 303.05  Bobcat.  There shall be no open season for the taking of bobcat.

 

Source.  #1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5210, eff 8-26-91; ss by #5661, eff 6-28-93; ss by #5829, eff 5-24-94;ss by #6042, eff 5-18-95; ss by #6520, eff 5-31-97; ss by #6783, eff 6-30-98; ss by #7289, eff 6-1-00; ss by #7699, eff 6-5-02; ss by #8085, eff 5-26-04; amd by #8357, eff 5-25-05; ss by #8644, eff 6-1-06; ss by #8764, eff 11-23-06; ss and moved by #9163, eff 5-28-08 (formerly Fis 303.06); ss by #10619, eff 6-2-14

 

          Fis 303.06  Coyote.

 

          (a)  Coyote may be taken by use of firearm, crossbow, or bow and arrow year round ½ hour before sunrise to ½ hour after sunset.

 

          (b)  Coyote may be taken by hunting at night in accordance with RSA 208:1-e and as follows:

 

(1)  The open season shall be from January 1 through March 31;

 

(2)  Artificial lights, except lights from a motor vehicle or OHRV or snowmobile, may be used to illuminate coyotes;

 

(3)  Electronic calling devices may be used;

 

(4)  No person shall bait coyote on ice-covered public waters; and

 

(5)  In towns restricted to weapon types pursuant to RSA 208:3, 208:3-b, and 208:3-c, only pistols permitted under RSA 208:3-d, .17 and .22 caliber rimfire rifles, shotguns, muzzleloading rifles, crossbow, or bow and arrow shall be permitted for the taking of coyote at night.

 

          (c)  Any person hunting coyote at night shall obtain a written landowner permit described in Fis 1102.11 for the property on which he or she takes or attempts to take coyote or when hunting coyote over bait, a permit described in Fis 1102.04 or Fis 307.05.

 

          (d)  The open season for taking coyotes by traps shall be:

 

(1)  October 15 through March 31 in WMUs A, B, C, D, E and F; and

 

(2)  November 1 through March 31 in WMUs G, H, I, J, K, L and M.

 

          (e)  Hunting for coyote over bait shall be in accordance with Fis 307.01.

 

Source.  #1619, eff 8-8-80; amd by #1788, eff 7-29-81; ss by #2124, eff 8-17-82; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by #4857, eff 7-3-90; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00

 

New.  #7289, eff 6-1-00; ss by #8644, eff 6-1-06; ss and moved by #9163, eff 5-28-08 (formerly Fis 303.09); ss by #9720-A, eff 6-5-10; amd by #9880-A, eff 3-1-11; amd by #10619, eff 6-2-14; ss by 13211, eff 5-26-21

 

          Fis 303.07  American Marten or Canada Lynx.

 

          (a)  There shall be no open season for taking American marten.

 

          (b)  There shall be no open season for taking Canada lynx as it is listed as an endangered species in Fis 1001.01.

 

          (c)  Any American marten or Canada lynx trapped shall be reported immediately by contacting the fish and game department at 603-271-3361 on business days during the hours of 8:00 AM to 4:30 PM, or if the fish and game department is closed, by contacting the nearest conservation officer.

 

Source.  #1619, eff 8-8-80; amd by #1788, eff 7-29-81; amd by #2450, eff 8-19-83; ss by #2864, eff 9-27-84; ss by #3129, eff 10-1-85; ss by #4120, eff 8-21-86; ss by #4306, eff 8-28-87; ss by #4493, eff 9-22-88; ss by #4664, eff 8-21-89; ss by 4857, eff 7-3-90; ss by #5210, eff 8-26-91; amd by #5661, eff 6-28-93; ss by #5829, eff 5-24-94; ss by #6042, eff 5-18-95; ss by #7881, eff 4-26-03; rpld by #8644, eff 6-1-06

 

New.  #9163, eff 5-28-08 (formerly Fis 303.091); ss by #10347, eff 5-22-12; ss by #12161, eff 4-18-17

 

          Fis 303.08  Annual Trapper's Report.

 

          (a)  All persons licensed to trap furbearing animals shall provide an annual trapping report form to the department on or before April 30 of each year.

 

          (b)  Any person licensed to trap furbearing animals shall provide the following information on the “Annual Trappers Report” form:

 

(1)  The licensee's name, address, and telephone number;

 

(2)  The number of the trapping license held;

 

(3)  The dates of the trapping season being reported;

 

(4)  Whether licensee trapped, and whether she/he took any furs;

 

(5)  The following information for each town where trapping occurred:

 

a.  The number of each species taken;

 

b.  The number of traps set for each species;

 

c.  The number of nights that they were set for each species; and

 

d.  Wildlife management unit where taken;  and

 

(6)  Indicate the number of bobcats incidentally trapped, released or killed.

 

          (c)  The trapper shall sign the report subject to the penalties for making unsworn false statements under RSA 641:3.

 

          (d)  Any licensee failing to report shall be refused a license until the complete information has been filed.

 

Source.  #1619, eff 8-8-80; ss by #2124, eff 8-17-82; ss by #2864, eff 9-27-84; ss by #4120, eff 8-21-86; ss by #4858, eff 7-5-90; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00

 

New.  #7289, eff 6-1-00; rpld by #8644, eff 6-1-06

 

New.  #9163, eff 5-28-08 (formerly Fis 303.10); ss by #10619, eff 6-2-14

 

          Fis 303.09  Fur Dealers Records.

 

          (a)  All persons licensed to buy furs and hides under RSA 214:26, shall keep a record of all furs and hides bought on form F&G 152, “Fur Dealer's Record Book (Furs Purchased)”, which shall be sent to the department on or before July 30 of each year.

 

          (b)  The licensee shall include the following on the “Fur Dealer's Record Book (Furs Purchased)” form:

 

(1)  Licensee's name, license number, and signature;

 

(2)  The period covered by the record and date the report is mailed to the department;

 

(3)  The following information for all transactions completed:

 

a.  The date of the transaction;

 

b.  The name, address, and license number of the person from whom the purchase was made;

 

c.  The number and species of fur or hides bought;

 

d.  The price paid; and

 

e.  All seal numbers recorded.

 

          (c)  All information shall be printed in a legible manner.

 

          (d)  No furs or hides shall be bought unless the owner of the furs or hides is present, or the seller has the owner's name, address, license number, and the number and species to be sold.

 

          (e)  All licensees shall carry on their persons a form F&G 152, the “Fur Dealers Record Book (Furs Purchased)”, at all times when buying the skins of furbearing animals.

 

          (f)  All persons licensed to buy furs and hides under RSA 214:26, shall keep a record of all furs and hides sold on form F&G 152-A, “Fur Dealer's Record Book  (Furs Sold)”, which shall be sent to the department on or before July 30 of each year.

 

          (g) The licensee shall include the following information on the “Fur Dealer's Record Book (Furs Sold)” form:

 

(1)  Licensee's name, license number, and signature;

 

(2)  The period covered by the record and the date the report is mailed to the department; and

 

(3)  The following information for all transactions completed:

 

a.  The date of the transaction;

 

b.  The number and species sold; and

 

c.  The name, address, and license number to whom the furs or hides were sold.

 

Source.  #444, eff 6-17-74; amd by #2124, eff 8-17-82; ss by #2832, eff 8-21-84; ss by #4617, eff 5-25-89, EXPIRED: 5-25-95

 

New.  #6292, eff 7-20-96; ss by #8085, eff 5-26-04 (renumbered by #9163, formerly Fis 303.12); ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18

 

          Fis 303.10  Taking Beaver and Otter by Snares.

 

          (a)  In addition to any other requirements pertaining to trapping beaver and otter, the following rules shall apply to the taking of beaver and otter by snares:

 

(1)  Snares shall only be set in water or under the ice;

 

(2)  Each individual snare, whether set singularly or in the aggregate, shall be affixed with a durable tag denoting the name of the licensed trapper who sets, arranges, or tends the snare;

 

(3)  All wildlife species other than beaver and otter taken alive shall be released at the snare site. If dead, the animal shall be turned over to the fish and game department within 72 hours; and

 

(4)  Trappers shall be able to account for all snares out at any time.

 

Source.  #4155, eff 10-31-86; ss by #4858, eff 7-5-90, EXPIRED: 7-5-96

 

New. #6292, eff 7-20-96; ss by #8085, eff 5-26-04 (renumbered by #9163, formerly Fis 303.13); ss by #10037, eff 11-29-11; ss by #12591, eff 7-25-18

 

          Fis 303.11  Sealing of Furbearing Animals.

 

          (a)  All furbearing animals, except otter and fisher, shall be exempt from the sealing requirements of RSA 210:8, I.

 

          (b)  Upon sealing any otter or fisher in accordance with RSA 210:8, the trapper or hunter shall complete and submit the “Fur Sealing Record” form to a conservation officer or the wildlife division at:

 

NH Fish and Game Department

Wildlife Division

11 Hazen Drive

Concord, NH 03301

 

          including the following information:

 

(1)  Name and address;

 

(2)  Date of birth;

 

(3)  Trapping or hunting license number;

 

(4)  Telephone number;

 

(5)  Method of take;

 

(6)The number of each animal taken and sealed for each town animals were taken in; and

 

(7)  Date and signature subject to the penalties for making unsworn false statements under RSA 641:3.

 

          (c)  The lower jaw of a fisher harvested by any legal means shall be provided to fish and game personnel at the time of sealing. 

 

Source.  #5777, INTERIM, eff 1-28-94, EXPIRES: 5-28-94; ss by #5829, eff 5-24-94, EXPIRED: 5-24-00

 

New.  #7289, eff 6-1-00 (renumbered by #9163, formerly Fis 303.15), EXPIRED: 6-1-08

 

New.  #9332, INTERIM, eff 11-27-08; ss by #9405, eff 3-7-09; amd by #9720-A, eff 6-5-10, (para (a)); amd by #9720-B, eff 6-5-10, (para (b)); ss by #12591, eff 7-25-18; ss by #13211, eff5-26-11

 

          Fis 303.12  Restrictions on Certain Traps.

 

          (a)  No foothold trap with auxiliary teeth added shall be allowed.

 

          (b)  No foothold trap shall be set on land with an inside jaw spread greater than 6½ inches, measured between the inside edges of the opened jaws, across the trap trigger, and perpendicular to the trap base plate.

 

          (c)  Body gripping traps with an inside jaw spread greater than or equal to 6½ inches, measured inside the jaws perpendicular to the trap’s pivoting joints, shall only be set:

 

(1)  Five feet or more above the ground or surface of the snow unless there was a snowstorm during the previous 24 hours; or

 

(2)  In water for beaver or otter.

 

          (d)  Deadfalls, a device constructed of any material(s) utilizing material weight as the holding or killing method, shall be prohibited.

 

          (e)  Notwithstanding the provisions of Fis 308, no person shall set a snare on land.

 

          (f)  When set, all traps shall be securely attached to the ground, to a fixed object, to a drag, or to a slide wire.

 

          (g)  Traps shall not be set within 50 feet of exposed bait, as defined in (h), but may be set any distance from a covered bait, as defined in (i).

 

          (h)  “Exposed bait” means bait that is the body of any animal, including fish, or parts thereof including meat, organs, viscera, bones, or any other parts of an animal, that is visible from above, but does not include meat, organs, viscera, or bones totaling 4 ounces or less, or skin, hair or feathers 25 square inches or less, droppings, urine, or living or dead animals held in a trap as the result of lawful trapping activity.

 

          (i)  “Covered bait” means bait that is the body of any animal, including fish, or parts thereof including meat, organs, viscera, bones, or any other parts that are covered so as to not be visible from above, where cover includes, but is not limited to, brush, branches, leaves, soil or snow and is constructed in a manner to withstand wind and normal environmental conditions. “Covered bait” includes baits less than one-half pound when placed in a dirt hole 6 inches in diameter or less at a depth of 6 inches or greater, and baits of less than 5 pounds placed on pole sets 5 or more feet above ground are also considered covered bait.

 

          (j)  The following restrictions on traps shall apply while trapping in WMU’s A, B, C1, C2, D1, D2East, E and F:

 

(1)  All foothold traps set on land must have one swivel in the chain/cable and one swivel connection to the trap;

 

(2)  Body gripping traps with an inside jaw spread of 4 inches or greater and less than or equal to 5 inches, measured inside the jaws perpendicular to the trap’s pivoting joints, which are set on the ground shall only be set as follows:

 

a.  Set in water at all times;

 

b.  Set under overhanging stream banks; and

 

c.  Set as a blind set with no bait or attractant;

 

(3)  Body gripping traps, measured inside the jaws perpendicular to the trap’s pivoting joints, with an inside jaw spread 4 inches or greater which are set off the ground shall only be set as follows:

 

a.  Five feet or more above the ground or surface of the snow, unless there was a snowstorm during the previous 24 hours;

 

b.  Affixed to a leaning section of a pole or tree, no greater than 4 inches in diameter that is free of branches and angled 45 degrees or greater in its entirety;

 

c.  Excluding branch removal the pole or tree shall not have planed or altered sides;

 

d.  The area within 4 feet of the trap shall be free of trees, poles or other objects greater than 4 inches in diameter;

 

e.  The areas within 4 feet of the trap shall be free of trees or poles that are angled less than 45 degrees to the ground at any point between the ground elevation and the elevation of the trap; and

 

f.  The area within 4 feet of the trap shall be free of banks, bluffs, rocks or immediate rise in ground elevation; and

 

(4)  Body gripping traps with an inside jaw spread greater than 5 inches and less than 6½ inches, measured inside the jaws perpendicular to the trap’s pivoting joints, which are set on the ground, shall only be set:

 

a.  Recessed in the den entry of nuisance wildlife with the den entry covered by wire mesh with openings that do not exceed 1 ½ inches side-to-side and wire gauge shall be 16 gauge or less or wire diameter 0.05 inches or greater;

 

b.  If placed in a lynx exclusion device, as follows:

 

1.  The trap jaws shall be completely within the device, but the trap springs may be outside of the device;

 

2.  The lynx exclusion device shall not have an opening greater than 6 inches by 8 inches;

 

3.  The opening shall not be directly in front of the trap, but shall be either on the top or side of the device;

 

4.  The trap set within the device shall be a minimum of 18 inches from the closest edge of the opening to the trap;

 

5.  The back of the device shall be secured to withstand heavy pulling;

 

6.  If using wire mesh with a wood box, the wire mesh shall wrap around 2 opposite sides of the box and be secured;

 

7.  There shall be at least 2 attachment points for each side of the device where there is a joint, or where panels come together;

 

8.  The exclusion device shall be constructed of wood, or wire mesh that does not exceed 1½ inch openings from side to side;

 

9.  The wire gauge shall be 16 gauge or less or a wire diameter of 0.05 inches or greater;

 

10.  The opening slot in the device that allows the trap springs to extend outside the device shall be no more than 7½ inches wide and a height of no more than 1½ inches; and

 

11.  The trap shall be anchored outside of the device.

 

Source.  #8105, INTERIM, eff 7-1-04, EXPIRED: 12-28-04

 

New.  #8250, eff 1-6-05; (renumbered by #9163, formerly Fis 303.16); ss by #10142, eff 6-5-12; ss by #10347, eff 5-22-13; ss by #10619, eff 6-2-14

 

          Fis 303.13  Award of Trapping Permits for State Managed Lands.

 

          (a)  Trapping rights on state managed lands shall be awarded for a 2 year period.

 

          (b)  State managed lands shall be divided into trapping units.

 

          (c)  The boundaries of each such trapping unit on state managed lands shall be outlined on maps maintained by the wildlife division, which shall be open to public inspection during regular business hours at Fish and Game headquarters in Concord and on the department’s web site at www.wildlife.state.nh.us.

 

          (d)  Trapping rights on state managed lands shall be awarded to properly licensed trappers as follows:

 

(1)  Applicants for award of such trapping rights shall make application to the wildlife division, on the “Application for Trapping Permit on State Managed Lands” form which shall include:

 

a.  The trapper’s:

 

1.  Name;

 

2.  Mailing address;

 

3.  Home and work telephone numbers;

 

4.  Date of birth; and

 

5.  Current trapping license number;

 

b.  A list of all trapping units listed in the applicant’s order of preference, for which they wish to be awarded trapping rights; and

 

c.  If applicable, the name(s) and address(es) of up to 2 licensed helpers; and

 

(2)  Applications shall be received by the department headquarters on or before the second Monday of September or be postmarked on or before the third Friday in August.

 

          (e)  Trapping rights shall be awarded on the first Friday after the deadline by computer selection of random numbers.

 

          (f)  Based on the order of computer selection, applicants shall be assigned a trapping unit as follows:

 

(1)  Applicants shall be awarded trapping rights for the highest priority trapping unit indicated on his/her application that has not been awarded;

 

(2)  Assignment of trapping units shall continue, with each applicant being awarded trapping rights for the first trapping unit the applicant listed on the application which has not been previously awarded; and

 

(3)  If trapping units are still available after all applications have been randomly selected utilizing each applicant’s first choice, the procedure shall be repeated again using the second trapping unit the applicant indicated on the application and shall continue until all applicant choices have been awarded or until all trapping units have been assigned.

 

          (g)  Permits awarded during the lottery process shall become effective on October 1st of the year awarded and shall be valid for the 2 year drawing period.

 

          (h)  Permits shall be mailed to successful applicants, who hold a valid trapping license, prior to the opening of that year's trapping season.

 

          (i)  Units not awarded during the drawing shall be issued after the drawing on a first-come first-served basis at department headquarters and these permits shall be valid for the remainder of the 2-year period.

 

          (j)  No more than one individual shall be awarded the trapping rights for any one trapping unit.

 

          (k)  Permittees shall eliminate nuisance beaver within any state managed trapping unit when such nuisance beaver has been identified by the department in their assigned unit(s).

 

          (l)  Permittees shall initiate actions to eliminate the nuisance beaver within 7 days of being notified by the department that their trapping unit has developed a nuisance beaver or return their permit for that area to the department within 7 days.

 

          (m)  Upon proper notification and hearing in compliance with RSA 541-Aand Fis 200 the executive director shall revoke all permits to trap on state managed land that have been issued to a permittee when the executive director finds that the permittee has failed to comply with the provisions of Fis 303.17(k) and (l).  Said permittee shall not be eligible to apply for a permit or to trap on state managed lands for a period of 3 years from the date of revocation.

 

          (n)  Any permittee who has not purchased a trapping license by October 10 of the second year the permit is effective or whose trapping license has been suspended or revoked for any reason shall forfeit all permits to trap state managed lands.

 

          (o)  No permittee shall sell a permit for trapping on state managed lands.

 

          (p)  A permittee may surrender a property(ies) listed on their permit in writing to the department. These properties shall be made available and reissued as specified above in (i).

 

          (q)  Permits shall be non-transferable.

 

          (r)  Permittees may have up to 2 helpers, who may trap within the permittee’s trapping unit, under the following conditions:

 

(1)  A helper shall be a licensed trapper in New Hampshire;

 

(2)  Permits to trap state managed lands shall be valid so long as there is no subsequent conviction for a trapping violation by the permittee or one of the helpers;

 

(3)  The helper(s) shall be listed on the permittee’s permit; and

 

(4)  If a permittee wishes to add or remove a helper after a permit has been issued, the permittee shall return the permit to the department indicating the change and the department shall then issue a new permit.

 

Source.  #8764, eff 11-23-06 (renumbered by #9163, formerly Fis 303.17); ss by #10619, eff 6-2-14

 

PART Fis 304  WILDLIFE DAMAGE

 

Statutory Authority:  RSA 207:22 through RSA 207:30 inclusive

 

          Fis 304.01  Definitions.

 

          (a)  “Agent” means the person(s) authorized to take wildlife on behalf of the commercial grower or public airport under the pre-damage deer kill permit or the wildlife depredation permit.

 

          (b)  “Agricultural product” means:

 

(1)  Livestock, which shall include, but not be limited to, all beef or dairy cattle, steer, oxen, goats, sheep, swine, horses, mules, or other equidae, as well as domesticated strains of buffalo, bison, llamas, alpacas, emus, ostriches, rabbits, yaks, or other fur-bearing animals;  

 

(2)  Poultry or the production of eggs; and

 

(3)  Bees or the production of honey. 

 

          (c)  “Claimant” means a person or legal entity whose documented gross sales in money to another person or entity of any agricultural product or commercial crop, or combination thereof, are at least $1,000 in a calendar year. 

 

          (d)  “Commercial crop” means any agricultural or horticultural crop(s) planted, cultivated, and produced by a commercial grower.

 

          (e)  “Commercial grower” means commercial grower as defined in RSA 207:22-c, II(g), namely “any person who grows an agricultural or horticultural crop from which the person has derived, or reasonably expects to derive, an annual gross income from the sale of crops normally produced of at least $2500.

 

          (f)  “Nonqualifying product” means any product that is not a qualifying product, including but not limited to projected future qualifying products, unbaled grasses or alfalfa, compost, mulching products, or cover crops.

 

          (g)  “Public airport” means an airport that is registered with the state of New Hampshire as a public use airport.

 

          (h)  “Qualifying product” means:

 

(1)  Any agricultural product as defined in paragraph (b) above; or

 

(2) Any commercial crop including, but not limited to, nursery stock grown as part of a commercial operation, plant materials processed and wrapped in airtight plastic wrapping, or berries, herbs, fruit, vegetables, tree fruit, grapes, corn, small grains, soybeans, or flowers grown by a claimant.

 

          (i)  “Wholesale value” means:

 

(1)  For any agricultural product shown in weekly market survey data available from the New Hampshire department of agriculture,  the median auctioned value of the product at the time of the loss;

 

(2) For any agricultural product not shown in such weekly market survey data, a value determined by examining all available evidence of the actual condition of the product, its stage of growth or readiness for market, costs to replace the product, or other factors identified by the claimant in an effort to derive a fair market value for the loss; or

 

(3)  For fruit trees, a replacement value determined by current nursery stock.

 

Source.  #1670, eff 11-20-80; ss by #2832, eff 8-21-84; ss by #4858, eff 7-6-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96

 

New.  #7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

 

New.  #7290, eff 5-24-00; amd by #7881, eff 4-26-03; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

 

New.  #9405, eff 3-7-09; ss by #11114, eff 6-3-16; ss by #13441, eff 8-29-22

 

          Fis 304.02  General Requirements.

 

          (a)  A commercial grower whose land is open to public hunting as described in RSA 207:22-a, may make application for a pre-damage deer kill permit or a wildlife depredation permit for use in the protection of commercial crops, to the NH fish and game department.

 

          (b)  A commercial grower’s land may be closed to hunting while the commercial grower, employees of the commercial grower or the general public are actively managing or harvesting crops.

 

          (c)  The executive director shall request financial records if necessary to verify the commercial status of pre-damage deer kill permit and wildlife depredation permit applicants.

 

          (d)  Agents taking deer under the authority of a pre-damage deer kill permit or wildlife depredation permit shall not have been convicted of a fish and game hunting violation within the past 5 years in any state in the United States or Canadian province.

 

          (e)  Only persons currently licensed to hunt in New Hampshire shall be used as agents under pre-damage deer kill permits or the wildlife depredation permits except that airports may use designated airfield safety personnel that are not licensed to hunt.

 

          (f)  The taking of wildlife under a pre-damage deer kill permit or a wildlife depredation permit shall be as follows:

 

(1)  Only with rifles of a caliber greater than .22 caliber rimfire, shotguns loaded with a single ball or loose buckshot;

 

(2)  Only with bows with 40 lbs. pull or greater for deer or bear and 50 lbs. pull or greater for moose; and

 

(3)  Fixed blade broadheads not less than 7/8 of an inch or more than 1 ½ inches wide, or retractable broadheads not less than 7/8 of an inch wide when open shall be used;

 

(4)  In towns restricted to weapon types pursuant to RSA 208:3, 208:3-a, 208:3-b, and 208:3-c, only shotguns loaded with a single ball, muzzle-loading rifle, or bow and arrow shall be permitted, except that loose #00 or larger buckshot may be used in the towns listed in 208:3; and

 

(5)  Wildlife shall be taken during dates and times specified on the permit.

 

          (g)  The commercial grower and/or agent shall not sell wildlife or otherwise receive personal or monetary gain from the taking of wildlife under this section.

 

Source.  #3176, eff 1-20-86; ss by #4858, eff 7-5-90; ss by #6276, INTERIM, eff 6-26-96, EXPIRED: 10-24-96

 

New.  #6434, eff 1-22-97; ss by #7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

 

New.  #7290, eff 5-24-00; amd by #7881, eff 4-26-03; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

 

New.  #9405, eff 3-7-09; ss by #11114, eff 6-3-16

 

          Fis 304.03  Pre-Damage Deer Kill Permits.

 

           (a)  A commercial grower may request up to 2 pre-damage deer kill permits from the executive director.

 

           (b)  Applications for pre-damage deer kill permits using the form specified in Fis 304.05 shall be submitted by email, regular mail, fax, or hand delivery to the New Hampshire Fish and Game Department, Animal Damage Control, Wildlife Division, 11 Hazen Drive, Concord, New Hampshire 03301.

 

           (c)  The commercial grower shall sign the pre-damage deer kill tag and report card upon issuance to the agent.

 

           (d)  Deer shall be taken within the planted area of the crop being protected.

 

           (e)  A person, upon killing a deer under a pre-damage deer kill permit, shall immediately fill out, sign, and attach the pre-damage deer kill tag to the deer carcass. Once tagged, the carcass may be legally transported.

 

           (f)  A person, upon killing a deer under a pre-damage deer kill permit, shall immediately sign and complete the pre-damage deer kill report card using the form specified in Fis 304.05.

 

           (g)  Within 24 hours of a kill, the commercial grower shall mail a completed pre-damage deer kill report card to the:

 

New Hampshire Fish and Game Department

Animal Damage Control, Law Enforcement Division

11 Hazen Drive, Concord, NH 03301

 

           (h)  The dates seasonally and the times daily when deer may be taken under this permit shall be determined by the executive director based on the type of crop being damaged and safety considerations associated with shooting at night.

 

           (i)  All deer taken under this permit shall become the property of the commercial grower to be utilized or given away at their discretion, except that antlers with more than 4 total points, taken from deer between August 1 and March 31, must be turned over to the department within 10 business days.

 

           (j)  Upon receipt of an application, pre-damage deer kill permits shall be issued to commercial growers within 5 working days.

 

           (k)  A person, upon killing a deer under a pre-damage deer kill permit, shall notify the fish and game department by calling fish and game headquarters at 603-271-2461 between 8:00 AM and 4:30 PM no later than the first business day immediately following the date of kill and provide his or her name, the time and town of the kill, and the name of the pre-damage permit holder.

 

           (l)  A person attempting to take a deer under a pre-damage deer kill permit shall have on their person a copy of the permit letter sent to the commercial grower on whose land they are attempting to kill a deer.

 

Source.  #7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

 

New.  #7290, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

 

New.  #9405, eff 3-7-09; ss by #10347, eff 5-22-13; ss by #11114, eff 6-3-16; ss by #13644, eff 6-1-23

 

          Fis 304.04  Wildlife Depredation Permits.

 

           (a)  In accordance with RSA 207:26, a commercial grower whose crops are being damaged by wildlife may submit an “Application for a Wildlife Depredation Permit”, using the form specified in Fis 304.05, to the executive director.

 

           (b)  Applications for wildlife depredation permits shall be submitted by email, regular mail, fax, or hand delivery to the:

 

New Hampshire Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, New Hampshire 03301

 

           (c)  Commercial growers with a history of wildlife damage may apply for, receive, and employ wildlife depredation permits prior to actual and substantial damage, as specified on their permit.  “History of wildlife damage” means that previous wildlife depredation permits have been issued.

 

           (d)  The granting of the wildlife depredation permit shall be contingent upon a site review by the fish and game department animal damage control specialist, if necessary to confirm actual and substantial damage.  “Substantial damage” means damage to at least 10 percent of crops.

 

           (e)  Depredation permits shall not be issued if the fish and game department will supply non-lethal methods such as repellents, pyrotechnics, and fencing that will prevent damage.

 

           (f)  The species, number, and sex of wildlife taken under this permit shall be determined by the executive director based on the cause, extent, and type of damage.

 

           (g)  The dates seasonally and the times daily when wildlife may be taken under this permit shall be determined by the executive director based on the type of crop being damaged and safety considerations associated with shooting at night.

 

           (h)  The commercial grower shall sign the “Wildlife Depredation Tag” and the “Wildlife Depredation Report Card” upon issuance to the agent, and the agent shall sign the tag and report card immediately upon taking wildlife.

 

           (i)  Wildlife shall only be taken in the actual area where damage is occurring and within 100 feet outside that area. 

 

           (j)  A person, upon killing wildlife under a wildlife depredation permit, shall immediately fill out, sign, and attach the wildlife depredation tag to the carcass.  Once tagged, the carcass may be legally transported.

 

           (k)  A person, upon killing wildlife under a wildlife depredation permit, shall immediately sign and complete the wildlife depredation report card using the form specified in Fis 304.05.

 

           (l)  Within 24 hours of a kill, the commercial grower shall mail a completed wildlife depredation report card to the:

 

New Hampshire Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, NH 03301

 

           (m)  A person, upon killing an animal under a depredation kill permit, shall call fish and game wildlife division at 603-271-2461 between 8:00 AM and 4:30 PM no later than the first business day immediately following the date of kill and provide their name, the time and town of the kill, and the name of the depredation permit holder.

 

           (n)  A person attempting to take an animal under a depredation permit shall have on their person a copy of the permit letter sent to the commercial grower on whose land they are attempting to kill an animal.

 

           (o)  Deer, bear, or turkey taken under wildlife depredation permits shall become property of the commercial grower, to be utilized or given away at their discretion, except that antlers with more than 4 total points, taken from deer between August 1 and March 31, must be turned over to the department within 10 business days.

 

           (p)  Wildlife, other than deer, bear, or turkey, shall be disposed of, if inedible, or given to a person in need of food assistance or to a charitable institution, such as a food bank.

 

           (q)  Within 14 days of the expiration date listed on the permit, the commercial grower shall mail all unused wildlife depredation tags and reports to the:

 

NH Fish and Game Department

Animal Damage Control, Wildlife Division

11 Hazen Drive

Concord, NH 03301

 

Source.  #7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

 

New.  #7290, eff 5-24-00, EXPIRED: 5-24-08

 

New.  #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

 

New.  #9405, eff 3-7-09; ss by #10347, eff 5-22-13; ss by #11114, eff 6-3-16; ss by #13211, eff 5-26-21; ss by #13655, eff 6-1-23

 

           Fis 304.05  Forms.

 

           (a)  The commercial grower shall provide the following on the pre-damage deer kill permit application:

 

                  (1)  The commercial growers’ name, mailing address, and daytime telephone number;

 

                  (2)  The crop(s) subject to damage;

 

                  (3)  An indication that the applicant meets the statutory requirements relative to a commercial grower and land posting, pursuant to RSA 21:34-a;

 

        (4)  The specific location of crops listed, to include a detailed description, sitemap, and street address;

 

                  (5)  The calendar months in which crops are subject to damage by deer; and

 

                  (6)  The signature of the commercial grower and landowner, if different than commercial grower

 

           (b)  The pre-damage deer kill report shall include:

 

                  (1)  The commercial grower’s name;

 

                  (2)  The following, relative to the agent:

 

                          a.  The agent’s name and street address;

 

                          b.  The agent’s current NH hunting license number; and

 

                          c.  The agent’s date of birth;

 

                  (3)  The crop which is being protected;

 

                  (4)  Date of kill;

 

                  (5)  Sex of deer;

 

                  (6)  Antler length;

 

                  (7)  Total number of antler points;

 

                  (8)  Town and wildlife management unit of kill; and

 

                  (9)  Signatures of permittee and agent.

 

           (c) The pre-damage deer kill tag shall include the same information specified in paragraph (b) above.

 

           (d) The commercial grower shall provide the following on the wildlife depredation permit application:

 

                  (1)  The commercial grower’s name, mailing address, and daytime telephone number;

 

                  (2)  The crop(s) subject to damage;

 

                  (3)  The species of wildlife causing damage;

 

                  (4)  An indication that the applicant meets the statutory requirements relative to a commercial grower and land posting, pursuant to RSA 21:34-a;

 

                  (5)  Information about previous damage by wildlife;

 

                  (6)  An indication of what preventative measures and methods have been used in the past, if any;

 

        (7)  The specific location of crops listed, to include a detailed description, sitemap, and street address;

 

                  (8)  The calendar months in which crops are subject to damage by wildlife;

 

                  (9)  An indication as to whether or not the property is open to public hunting access; and

 

                  (10)  The signature of the commercial grower and landowner, if different than commercial grower.

 

           (e)  The wildlife depredation report card shall include:

 

                  (1)  The commercial grower’s name;

 

                  (2)  The following, relative to the agent:

 

                          a.  The agent’s name and street address;

 

                          b.  The agent’s current  NH hunting license number; and

 

                          c.  The agent’s date of birth;

 

                  (3)  The crop which is being damaged;

 

                  (4)  Date of kill;

 

                  (5)  Species and sex of wildlife;

 

                  (6)  Antler length, for deer;

 

                  (7)  Total number of antler points, for deer

 

                  (8)  Town and wildlife management unit of kill; and

 

                  (9)  Signatures of permittee and agent.

 

           (f)  The pre-damage deer kill tag shall include the same information specified in paragraph (e) above.

 

           (g)  The airport personnel shall provide the following information as an end of year annual report:

 

                  (1)  Name of airport;

 

                  (2)  Calendar year of report;

 

                  (3)  Name of person providing the information;

 

                  (4)  The date wildlife was taken; and

 

                  (5)  The species, number, and sex of wildlife taken.

 

Source.  #7159, INTERIM, eff 12-18-99, EXPIRED: 4-16-00

 

New.  #7290, eff 5-24-00; amd by #7881, eff 4-26-03; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

 

New.  #9405, eff 3-7-09; ss by #11114, eff 6-3-16; ss by #13655, eff 6-1-23

 

          Fis 304.06  Cooperative Fencing Program.  RESERVED

 

Source.  #7291, eff 5-24-00; amd by #8576, eff 3-2-06; amd by #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

 

New.  #9405, eff 3-7-09; para (o), amd by #9720-A, eff 6-5-10; para (q), amd by #9720-B, eff 6-5-10; rpld by #11114, eff 6-3-16

 

          Fis 304.07  Wildlife Control at Public Use Airports.

 

          (a)  Agents involved in wildlife control at a public use airport shall be designated by the current airport administrator.

 

          (b)  The current airport administrator or his or her agent may request the executive director to grant permission to take wildlife by documenting the presence of such wildlife on airport grounds, and how such wildlife constitutes a threat to human safety and aircraft operations.

 

          (c) The species and number of animals allowed to be taken shall be determined by the executive director or his staff based upon a review of the evidence submitted to support the threat to human safety and aircraft operations posed by the presence of the wildlife on airport grounds. 

 

          (d)  Animals taken under this permit shall be reported to the local fish and game conservation officer within 24 hours by calling 271-3361 between the hours of 8 am and 4:30 pm, and as specified in Fis 304.05(g).

 

          (e)  Wildlife shall be allocated as provided in RSA 207:29.

 

Source.  #7881, eff 4-26-03; ss by #9405, eff 3-7-09; ss by #11114, eff 6-3-16

 

          Fis 304.08  Claim for Damage by Bears

 

          (a)  Pursuant to RSA 207:23-a, a claimant, as defined in Fis 304.01(c), shall notify the wildlife division chief in writing of any claim for damage by bear within 30 days of the discovery of such damage at:

 

NH Fish and Game Department

Wildlife Division

Claim for Bear Damage

11 Hazen Drive

Concord, NH 03301

 

          (b)  The claimant shall provide the following information to the wildlife division regarding the claim:

 

(1)  The claimant’s name, address, telephone number, and email contact information, if available;

 

(2)  The physical location where the bear allegedly damaged the qualifying products;

 

(3)  Documentation to show that the claimant was engaged in the husbandry and sale of qualifying products of at least $1,000 in retail value at the time of the claimed loss, such as:

 

a.  Sales receipts;

 

b.  Tax documents;

 

c.  Invoices; or

 

d.  Other documentation that provides proof of the claimant’s gross annual sales of at least

$1,000 of the qualifying product(s);

 

(4)  Documentation of the actual damage to qualifying products in the form of photographs, or digital photographs, of the affected products;

 

(5)  Documentation that the damage was caused by bear, in the form of photographs, or digital photographs, of tracks, claw marks, scat, hair, or other evidence of the manner and extent of the damage;

 

(6)  The date of the claimed loss;

 

(7)  The value of the claimed loss of at least $250.00, calculated at wholesale value. In the event no market data is available to substantiate a wholesale value, the burden shall be upon the claimant to establish a reasonable value of the lost product, pursuant to Fis 304.01(i)(2);

 

(8)  Certification that the location of the damage is not posted to prohibit hunting, except as permitted by RSA 207:22-a; and

 

(9)  The signature of the owner of the qualifying products damaged or lost, which signature shall constitute a certification that all of the facts contained in the claim are true and accurate to the best information and belief of the claimant and subject to RSA 641:3.

 

          (c)  Within 30 days of the receipt of the claim, the wildlife division shall examine the same for completeness, and:

 

(1)  Notify the claimant in writing that the claim is complete and is being investigated; or

 

(2)  Notify the claimant in writing that the claim is incomplete and list the information that shall be provided before the claim process continues.

 

          (d)  No claim shall be processed to a decision until all required information has been provided to the department.

 

          (e)  Within 60 days of receipt of a complete claim, unless extended by written agreement with the claimant, the wildlife division chief shall issue a written decision granting the claim in full, granting the claim in part, or denying the claim. 

 

          (f)  For any claim approved in whole or in part, the wildlife division chief shall also provide in the written decision a description of abatement measures the claimant may use to mitigate future damage, which the department shall use to determine whether claims in future years shall be allowed for payment, such as, but not limited to:

 

(1)  Properly installed electric fencing with the required number of strands of conductor and voltage or other exclusionary measures to prevent the animal(s) from gaining access to the qualifying products;

 

(2)  Noisemakers or other items used to scare the animal(s) away from the area of the qualifying products;

 

(3)  Removal of food sources or other attractants to prevent the animal(s) from being attracted to the area of the qualifying products;

 

(4)  Use of trained bear hounds to haze bears away from the area of the qualifying products; 

 

(5)  Use of a properly licensed hunter, during the open bear hunting season, to remove bear from the area of the qualifying products; or

 

(6)  Other measures that take into account the economic impact to the claimant.

 

          (g)  The written decision shall include notice to the claimant of the right to appeal the decision in accordance with Fis 304.10 and Fis 200.

 

Source.  #13441, eff 8-29-22

 

           Fis 304.09  Criteria for Decision.

 

          (a)  A claimant making an initial claim for damage shall show by a preponderance of the evidence:

 

(1)  Gross sales in money of any qualifying product(s) of at least $1,000 in a calendar year;

 

(2)  Documentation of when the damage occurred, which qualifying product(s) is affected, and what losses are attributed to activity by a bear; and

 

(3)  The claimed wholesale value of items lost by activity of a bear.

 

          (b)  Any claim shall be only for the actual damage sustained and shall not include the costs of preparation, cultivation, or equipment used in the production of the qualifying product(s).

 

          (c)  Only the damage resulting from the specific incident referenced in the claim shall be considered, and any projected future losses shall not be contemplated, except that frames, supers, and hive components used in beekeeping shall be allowed. 

 

          (d)  A claimant making a claim, after having been compensated for a loss in a prior calendar year, shall show by a preponderance of the evidence:

 

(1)  All of the information required in (a) above; and

 

(2)  Documentation that conflict abatement measures, as specified pursuant to Fis 304.08(f) in the adjudication of a prior loss, were in place and in use at the time of the current loss.

 

Source.  #13441, eff 8-29-22

 

          Fis 304.10   Request to Commence an Adjudicative Proceeding

 

          (a)  Any person aggrieved by the decision of the wildlife division chief on a bear damage claim may request the commencement of an adjudicative proceeding within 30 days of receipt of written notice of the action taken, by letter addressed to:

 

NH Fish and Game Department 

Wildlife Division

Claim for Bear Damage

11 Hazen Drive

Concord, NH 03301

 

          (b)  The person requesting the adjudicative proceeding shall provide the following information:

 

(1)  The name of the claimant aggrieved by the decision;

 

(2)  A concise description of the reason or reasons why the decision is believed to be in error;

 

(3)  A current residential address; and

 

(4)  A current telephone number and email address, if available.

 

          (c)  Persons who fail to file a letter requesting the commencement of an adjudicative proceeding within the 30-day time period shall be deemed to have waived their right to a hearing unless, upon petition, the executive director finds that the period to file should be extended as a result of:

 

(1)  A showing that the person did not in fact receive the notice of the recommendation and notice of right to request the commencement of an adjudicative proceeding sent pursuant to Fis 304.11; or 

 

(2)  A showing of excusable neglect resulting from extended travel, a health problem, or other condition that resulted in the person not receiving actual notice of the decision prior to the expiration of the appeal period.

 

Source.  #13441, eff 8-29-22

 

          Fis 304.11  Adjudicative Proceeding.

 

          (a)  Any adjudicative proceeding under this section shall be conducted pursuant to Fis 200 by the executive director or by a presiding officer appointed by the executive director to conduct the hearing.

 

          (b)  The executive director or presiding officer shall consider all claims of error offered by the claimant and shall only order a modification of any recommendation made upon a finding that the claimant has shown:

 

(1)  A mistake of fact on a finding that serves as the basis of the decision; 

 

(2)  A mistake in applying a federal, state, or local statute, rule, or regulation that serves as the basis of the decision; or

 

(3)  Identification of facts showing error in the wholesale value of the agricultural products lost due to bear behavior.

 

Source.  #13441, eff 8-29-22

 

          Fis 304.12  Further Appeal.   Any person aggrieved may seek further review in accordance with the requirements of RSA 541 of any decision by the executive director to deny relief in an adjudicative proceeding held pursuant to Fis 304.11.

 

Source.  #13441, eff 8-29-22

 

PART Fis 305  DOG TRAINING

 

Statutory Authority:  RSA 206:10, I and RSA 207:12-a.

 

          Fis 305.01  Prohibition on Night Training.  Holders of dog training permits under Fis 1106.05 shall not train dogs at night except that night training shall be allowed when raccoons are the animal to be pursued.

 

Source.  #1670, eff 11-20-80; ss by #2832, eff 8-21-84; ss by #4858, eff 7-5-90; ss by #6193, eff 2-22-96; ss by #7881, eff 4-26-03, EXPIRED: 4-26-11

 

New.  #9977, INTERIM, eff 8-20-11, EXPIRES: 2-16-12; ss by #10037, eff 11-29-11; ss by #10347, eff 5-22-13; ss by #13725, eff 8-21-23

 

          Fis 305.02  Training of Bear Dogs.  Training of bear dogs in accordance with RSA 207:12-a shall be as follows:

 

          (a)  Training shall be prohibited from March 1 through June 30 statewide; and

 

          (b)  Training shall be prohibited during the open season in wildlife management units open to the taking of bear by any method.

 

Source.  #6193, eff 2-22-96; ss by #6292, eff 7-20-96; ss by #7289, eff 6-1-00, EXPIRED: 6-1-08

 

New.  #9236, INTERIM, eff 8-22-08, EXPIRED: 2-18-09

 

New.  #9405, eff 3-7-09; ss by #10347, eff 5-22-13; ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18

 

PART Fis 306  AREAS CLOSED TO HUNTING

 

          Fis 306.01  Areas Closed to Hunting.

 

          (a)  Because of the danger to human life and property, the following areas shall be closed to the specified type of hunting as follows:

 

(1)  The Winnipesaukee River from the former cement bridge at the south end of Lake Winnisquam to Silver Lake shall be closed to waterfowl hunting;

 

(2)  Silver Lake in Tilton-Belmont shall be closed to waterfowl hunting in the following areas:

 

a.  For a 300 yard radius along the eastern shore from the power dam to the point of land on the south side of the entrance to Gardners Grove; and

 

b.  All of Gardners Grove;

 

(3)  The Squam River in the town of Holderness between Big and Little Squam Lakes, and the  adjoining land area within 300 yards of the water area described shall be closed to all waterfowl hunting;

 

(4)  The Squam River, between Little Squam Lake and the town of Ashland, and the land area within 300 yards of the water shall be closed to all waterfowl hunting;

 

(5)  Big Squam Lake, including so-called Cotton Cove, south of a line from Kusumpee Point to the northeast tip of Pine Point and to the mouth of White Oak Brook, and that land and water area  between White Oak Brook and Squam River north of Route 3 shall:

 

a.  Be closed to all hunting; and

 

b.  Include the land area 300 yards adjacent to the water area described;

 

(6)  Paugus Bay on Lake Winnipesaukee, known as Pickerel Cove and that area of Paugus Bay within a 300 yard radius from the mouth of Pickerel Cove, shall be closed to waterfowl hunting;

 

(7)  Lake Winnisquam shall be closed to waterfowl hunting in the following areas:

 

a.  All areas south of Winnisquam Bridge also known as Mosquito Bridge to and including Mohawk Island;

 

b.  The eastern shore south of Mohawk Island, including Sun Ray Canal and the area known as Back Pond or Tucker Pond, to the red and black channel marker buoys at Sandy Beach and the mouth of Tucker or Durgin Brook;

 

c.  The eastern shore of the lake north of Mosquito Bridge to and including Loon Island  excluding that area from Hueber's sawmill north and east to the Laconia-Belmont town line;

 

d.  All areas north of Loon Island to the head end of the Lake; and

 

e.  In all closed areas in a. through d. above, where a shoreline is mentioned, from the shoreline into the lake for a 300 yard radius;

 

(8)  Kendall Pond in Londonderry including all the pond and wetland created or flooded by waters held behind the dam on Beaver Brook at Kendall Pond Road shall be closed to all bird and waterfowl hunting.  The land 300 yards adjacent to the water area shall be closed to all bird and waterfowl hunting;

 

(9)  Firehouse Pond in the town of Bow, located at the junction of Bow Center Road and Knox Road, shall be closed to the taking of waterfowl;

 

(10)  The area of Fresh Creek in Dover beginning at a point on Gulf Road 150 yards east of the intersection of Fresh Creek and Gulf Road, north 100 yards, west 300 yards, south 100 yards to Gulf Road, south 200 yards past Gulf Road, east 300 yards, and north 200 yards to the starting point shall be closed to all hunting;

 

(11)  The area of Cedar Point in Durham and Goat Island in Newington starting at the most western end of the Scammell Bridge on Route #4, then running south to the most eastern point of Goat Island; then running west along the northern side of said Island to the most western point, then running north to the historical Piscataqua Bridge sign on Route #4, then running east along Route #4 to the point of beginning shall:

 

a.  Be closed to waterfowl hunting; and

 

b.  Include the land area 300 yards adjacent to the water area described;

 

(12)  Ottarnic Pond in the town of Hudson including all the wetlands adjacent to the pond shall be closed to all bird hunting and waterfowl hunting;

 

(13)  The entire, so called Town Line Cove on Great Bay on the Durham/Newmarket town line and including a 300 foot perimeter adjacent to the outer most tip of the Durham peninsula and 300 feet adjacent to the entire southern shore of the Newmarket peninsula, shall be closed to the taking of waterfowl;

 

(14)  The entire Pomeroy Cove on the Piscataqua River on Dover Point, and including a 300 foot perimeter adjacent to the outermost tip of the northern peninsula and 300 feet adjacent to the northern boundary of Hilton State Park, shall be closed to the taking of waterfowl;

 

(15)  The Merrimack River in the towns of Litchfield and Merrimack from the mouth of Chase brook north approximately 1200 yards to the northern most tip of the northern most island in the town of Litchfield shall be closed to waterfowl hunting; and

 

(16)  The Piscataqua River from the General Sullivan Bridge in the town of Newington to the Sara Long Bridge in the City of Portsmouth shall be closed to waterfowl hunting; 

 

(17)  Willand Pond in Dover/Somersworth shall be closed to hunting from south of the ¼ Mile Marker located in the Willand Pond Recreation Area in Dover at N 43° 13.757’ / W 070° 53.479’ (datum NAD 83) across the pond to the point of land at the parking lot area in the Willand Pond Recreation Area at N 43° 13.647’ / W 070° 53.136’ in Somersworth, to include the waters between the aforementioned points toward the Route 9/108 intersection in Dover, and the fish and game boat access site;

 

(18)  The waters of the Bellamy River in Dover, at the high tide line, from New Bellamy Road running northerly to the northern most point of Nute Road shall be closed to waterfowl hunting; and

 

(19)  A section of property around the Pow Wow River that borders Great Pond in Kingston, from the bridge crossing the Pow Wow River and marsh area on Ball Road and continuing to the point where the Pow Wow River drains into Great Pond, shall be closed to all hunting  This shall not include the waterbody of Great Pond.

 

Source.  #4306, eff 8-28-87; ss by #4536, eff 12-2-88; ss by #5930, Emergency, eff 12-1-94; rpld by #5968, eff 1-27-95; ss by #4536, eff 12-2-88; ss by #5990, eff 2-24-95; amd by #6093, Emergency, eff 9-19-95; amd by #6189, eff 2-22-96; amd by #6842, eff 8-29-98; amd by #7593, EMERGENCY, eff 11-15-01, EXPIRED: 5-14-02; ss by #7881, eff 4-26-03, EXPIRED: 4-26-11

 

New.  #9977, INTERIM, eff 8-20-11, EXPIRES: 2-16-12; ss by #10037, eff 11-29-11; ss by #11114, eff 6-3-16; amd by #12146, eff 3-24-17; amd by #12761, eff 5-1-19; ss by #13725, eff 8-21-23

 

PART Fis 307  BAITING WILDLIFE

 

          Fis 307.01  Baiting for Wildlife.

 

          (a)  In addition to the requirements specified in RSA 207:3-d, a person engaged in the act of baiting furbearing animals or game animals with the exception of gray squirrel shall be in compliance with Fis 307.

 

          (b)  No person shall engage in the act of baiting furbearing animals or game animals with the exception of gray squirrel from April 15 to August 31.

 

          (c)  Pursuant to RSA 207:3-d II, “no person shall engage in the act of baiting on the property of another unless he has secured from the owner or occupant of the property upon which the bait is to be deposited a permit in writing signed by the owner or occupant” and complied with the other requirements specified in RSA 207:3-d.

 

          (d)  The permit to be used for baiting on the property of another shall be a “Permit to Bait Wildlife” form provided by the department as described in Fis 1102.04, and signed by the owner or occupant in (c).

 

          (e)  Permit applications to bait wildlife on lands other than state owned or managed lands shall not be considered unless received by the department or are postmarked on or before the first Monday in August if baiting for bear, or received by the department or are postmarked on or before the first Monday in October for all other species, except:

 

(1)  Applicants may apply beginning December 1 for permits to bait coyote for the year following; and

 

(2)  Permits to bait bear shall be issued by the executive director or his designated agents after theapplication deadlines as necessary to assist in addressing nuisance bear issues.

 

          (f)  Two copies of the completed and signed permit to bait on lands other than state owned or managed lands shall be submitted in hand or by mail to the:

 

N. H. Fish and Game Department

Wildlife Division

11 Hazen Drive

Concord, NH 03301

 

          and shall include a map or copy thereof showing the specific location of said bait site.

 

          (g)  The permittee shall also distribute copies of the completed and signed permit as follows:

 

(1)  One copy shall be retained by the permittee; and

 

(2)  One copy shall be left with the landowner.

 

          (h)  No bait shall be placed unless the permit with map have been submitted to the wildlife division or until 3 days have elapsed after the date of postmark if mailed.

 

          (i)  A person with a current hunting license shall be allowed a maximum of 2 active bait sites for private use and a licensed N.H. hunting guide shall in addition be allowed a maximum of 6 active bait sites for commercial use. 

 

          (j)  No person other than the permittee listed on a permit to bait wildlife shall place bait or add any material to bait previously placed, under said permit.

 

          (k)  All permits to bait wildlife shall expire no later than December 31 following the date of issuance unless an earlier date has been specified on the permit form except as provided by (e)(1).

 

          (l)  A permit to bait wildlife shall be valid for a single permittee only and shall have only that permittee’s name entered on the permit.

 

          (m)  A person placing bait shall post a sign bearing his or her name and address at each bait site, in a clearly visible manner not higher than 6 feet off the ground, on an identification sign made of durable material at least 3 inches by 6 inches in size.

 

          (n)  The sign specified in (m) above may bear the names of not more than 2 other persons permitted to take furbearing animals or game animals by aid and use of bait.

 

          (o)  No identification sign placed in compliance with this section shall be altered by the substitution or changing of the names listed thereon.

 

          (p)  No person other than the permittee authorized to place bait at a site shall remove, alter, or destroy any identification sign posted in compliance with (m) above.

 

          (q)  A licensed hunting guide authorized under the provisions of Fis 1106.03 and Fis 1300 shall not be required to post the names of paying clients attempting to take coyote, furbearing animals, or game animals over lawful commercial baits placed by him.

 

          (r)  No person shall place bait in public waters or on ice covered public waters.

 

          (s)  No person, except licensed hunting guides in accordance with (q) above, shall take furbearing animals or game animals by the aid or use of bait unless they are identified on the sign identified in (m) and (n).

 

          (t)  Upon the request of any conservation officer, a permittee or an applicant to bait shall accompany the conservation officer to the proposed or existing bait site for purposes such as, but not limited to, determining the actual location of the bait site and compliance with the provisions of RSA 207:3-d and Fis 307.

 

          (u)  The refusal of a permittee or an applicant to comply with the provisions of (s) shall be grounds for the denial of the application, if pending, or the revocation of the permit if previously issued.

 

          (v)  A baited area as defined in RSA 207:1, II-b shall be considered an active bait site until any and all bait material is completely removed from the site.

 

          (w)  From the close of the season to take bear with the aid and use of bait as specified in Fis 307.02 through December 15, baiting for coyote shall be restricted to the use of meat, animal parts, carrion, or fish.

 

Source.  #6175, INTERIM, eff 1-27-96, EXPIRED: 5-26-96; ss by #6251, eff 5-22-96; ss by #7289, eff 6-1-00; ss by #8644, eff 6-1-06; ss by #8931, eff 7-6-07; amd by #9720-A, eff 6-5-10; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #11114, eff 6-3-16; amd by #12591, eff 7-25-18; ss by #13211, eff 5-26-11

 

           Fis 307.02  Baiting for Black Bear.

 

           (a)  In addition to the requirements of RSA 207:3-d and Fis 307.01 relative to the use of bait, black bear may be taken by the aid and use of bait subject to Table 300.1 in Fis 301.06(e) and the following:

 

(1)  No person shall place bait for the purpose of attracting and taking bear at more than 2 bait sites; and

 

(2)  A licensed N.H. hunting guide, authorized to guide bear hunters under the provisions of Fis 301.06(j), shall be allowed a maximum of 2 active bait sites for private use and a maximum of 6 bait sites for commercial use, subject to the following:

 

a.  Any bear taken off a commercial bait site permitted to a licensed N.H. hunting guide shall be tagged with a bear guide tag issued to the guide permitted to use that site; and

 

b.  Bear guide tags shall not be used to tag bear taken at bait sites permitted for private use.

 

           (b)  No person shall establish, tend, or hunt over a bait containing chocolate or any cocoa derivative, except as provided in paragraph (c), below.

 

           (c)  White chocolate may be used as bait.

 

Source.  #8931, eff 7-6-07; ss by #9163, eff 5-28-08; ss by #9720-A, eff 6-5-10; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14; ss by #10852, eff 6-22-15; ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18; ss by #13211, eff 5-26-11; ss by #13644, eff 6-1-23

 

          Fis 307.03  Baiting for Deer.

 

          (a)  Except as provided by Fis 301.031(c) and Fis 301.032, and in addition to the requirements of RSA 207:3-d and Fis 307.01 relative to the use of bait, deer taken by the aid and use of bait shall be subject to the following:

 

(1)  The season for taking deer with the aid and use of bait in WMUs A through L shall open 21 days prior to the opening of the regular firearm deer season as specified in Fis 301.03(g) and close the third Wednesday in November;

 

(2)  The season for taking deer with the aid and use of bait in WMU M shall open on September 15 and close December 15;

 

(3)  The season for taking deer with the aid and use of bait for persons holding a permanently disabled veterans license as specified in RSA 214:13 or a license for certain permanently disabled persons as specified in RSA 214:13-c shall open on September 15 and close December 15, statewide; and

 

(4)  A licensed N.H. hunting guide shall be allowed a maximum of 2 bait sites for private use and a maximum of 6 bait sites for commercial use.

 

          (b)  No person shall place bait for the purpose of attracting and taking deer prior to the season for taking deer with the aid and use of bait as specified in (a).

 

Source.  #10619, eff 6-2-14; amd by #11114, eff 6-3-16

 

          Fis 307.04  Wild Turkey.  No person shall use the aid of bait to take wild turkeys in any open season.

 

Source.  #8931, eff 7-6-07; ss by #10142, eff 6-5-12; ss by #10619, eff 6-2-14 (from Fis 307.03); ss by #13211, eff 5-26-21

 

          Fis 307.05  Baiting Wildlife on State-Owned or Managed Lands.

 

           (a)  A person may bait wildlife in accordance with RSA 207:3-d, Fis 307.01, Fis 307.02, and Fis 307.03 on lands assigned to or managed by the department, including:

 

(1)  Property of the fish and game department;

 

(2)  Property of the department of natural and cultural resources, division of state parks and division of state forests;

 

(3)  Property of the department of transportation;

 

(4)  Property of the department of environmental services, division of water;

 

(5)  Federal property such as the White Mountain National Forest (WMNF); and

 

(6)  Private property for which the fish and game department has authorization to issue permits to bait wildlife only after the applicant obtains permission in writing to do so from the fish and game department.

 

           (b)  The maximum number of active bait sites for private and commercial use on state owned and managed lands and other lands combined shall be as described in Fis 307.01(i), except:

 

(1)  No person shall engage in the act of baiting furbearing or game animals, with the exception of gray squirrel, at more than 2 bait sites on state owned or managed lands within any individual WMU;

 

(2)  Licensed New Hampshire hunting guides may be allowed up to 3 active bait sites for commercial use on state owned or managed lands within any individual WMU; and

 

(3)  No person, to include licensed New Hampshire hunting guides, shall have more than one active bait site within an individual trapping unit as described in Fis 303.13(c).

 

           (c)  Each year, baiting permits shall be awarded on state owned or state managed lands for which the department has authority to award such permits on a first come-first served basis, by postmark or hand delivered, except for the Connecticut Lakes Headwaters Forest (CLHF), as provided by paragraph (k) below.

 

          (d)  Applicants for a baiting permit on state owned and managed lands shall make application on a “Permit to Bait Wildlife” form provided by the department as described in Fis 1102.04.

 

           (e)  Permit applications to bait furbearing animals or game animals, with the exception of gray squirrel, on state owned and managed lands shall be accepted at any time, except:

 

(1)  Applicants may apply beginning December 1 for permits to bait coyote for the year following to be effective from January 1 to December 31 of the year following;

 

(2)  Permit applications for baiting bear and deer shall not be considered unless received by the department or are postmarked between the first Monday in June and the first Monday in August; and

 

(3)  Permits to bait bear shall be issued by the executive director or designated agents after the application deadlines in subparagraph (2) above as necessary to assist in addressing bear conflict issues, to be effective on the date of issuance for the period set forth in the permit, not to exceed 60 days.

 

           (f)  Applicants for award of baiting permits on state owned or managed lands shall submit one copy of the application to the:

 

N.H. Fish and Game Department

Law Enforcement Division

11 Hazen Drive

Concord, NH 03301

 

          and shall include a topographic map or copy thereof showing the specific location of said bait site.

 

           (g)  Permits awarded to bait wildlife on state owned or managed lands shall become effective on the first day of legal baiting of the year of issuance of the permit and shall be valid for the baiting season in that calendar year except as provided by paragraphs (e)(1) and (e)(3) above.

 

           (h)  In addition to the rules specified in Fis 307.01, the following rules for baiting wildlife on state owned or managed lands shall apply:

 

(1)  Non-edible or non-digestible materials shall not be used as bait;

 

(2)  Containers used to hold bait, such as barrels, plastic bags, pails, and boxes, and any bait material shall be removed from the property by the end of the open season for taking the species by the use of bait or upon expiration of the permit, whichever occurs first;

 

(3)  No person shall erect, build, or use a tree stand or observation blind that damages or destroys a tree by inserting into the tree any metallic, ceramic, or other object used as part of a ladder or observation deck nor shall any person cut any tree in connection with any of the activities regulated under this section;

 

(4)  All temporary blinds, platforms, or other structures shall be removed from the property when the permit expires;

 

(5)  No baits shall be placed within 300 feet of a dwelling, roadway, pathway, trail, or designated campsites; and

 

(6)  Permittees shall comply with Fis 307.01(m).

 

           (i)  Failure to comply with these rules shall, after notice and opportunity for a hearing in accordance with Fis 200, result in permit revocation and no issuance of a permit for one year.  Persons subject to permit revocation may appeal said revocation by requesting, in writing to the executive director, a hearing in accordance with Fis 200.

 

           (j)  A permit to bait wildlife on state owned or managed lands shall be valid for a single permittee only and shall have only that permittee's name entered on the permit.

 

           (k)  Up to 50 permits to bait bear and up to 20 permits to bait other species on the Connecticut Lakes Headwaters Forest (CLHF) shall be awarded by lottery as follows:

 

(1)  Baiting permits on the CLHF shall be issued on the basis of 11 CLHF trapping units described in Fis 303.13;

 

(2)  A maximum of 7 bait sites, with no more than 5 bear bait sites and 2 bait sites for all other species, shall be permitted on any one trapping unit in the CLHF;

 

(3)  No person shall be permitted more than one bait site on the CLHF in a calendar year, except a licensed N.H. hunting guide may be permitted up to 3 bait sites on the CLHF but shall not have more than one bait site per trapping unit in a calendar year;

 

(4)  Applicants for the CLHF baiting permit lottery shall complete the “Lottery Application to Bait Wildlife on the Connecticut Lakes Headwaters Forest (CLHF)” form supplied by the department by providing the following information:

 

a.  The date of application;

 

b.  Name of the applicant;

 

c.  Mailing address of the applicant;

 

d.  Date of birth of the applicant;

 

e.  Telephone number of the applicant;

 

f.  If a licensed N.H. hunting guide, his or her current guide’s license number and an indication of whether or not they were issued bear guide tags for the current year as described in Fis 1102.06;

 

g.  A ranking of CLHF trapping unit preferences; and

 

h.  The species, meaning bear, deer, or coyote, for which the applicant wishes to bait for in each trapping unit;

 

(5)  Each lottery application for the CLHF lottery shall be for a single person or licensed N.H. hunting guide and shall be non-transferable;

 

(6)  No person shall submit more than one application except licensed N.H. hunting guides may submit up to a maximum of 3 applications;

 

(7)  Lottery applications shall be submitted to the:

 

New Hampshire Fish and Game Department

Wildlife Division

11 Hazen Drive

Concord, N.H. 03301

 

(8)  Lottery applications may be submitted beginning the first Monday in April and shall be received at that location by 4:00 pm on the first Friday in May or postmarked no later than midnight on the fourth Wednesday in April;

 

(9)  Illegible applications and incomplete applications shall be returned and not considered, however, corrected applications may be resubmitted prior to the deadlines specified in subparagraph (8) above;

 

(10)  The lottery for permits to bait bear and other species on the CLHF shall be held on or before the 12th day following the close of the application period as specified in  subparagraph (8) above and be based on random computer selection of applications at the fish and game headquarters office in Concord;

 

(11)  Based on the order of selection, applicants shall be offered a baiting permit(s) as follows:

 

a.  Applicants shall be offered a baiting permit(s) for bear or other species for the highest ranked trapping unit(s) indicated on their application(s) that have not been previously filled;

 

b.  Selection of applicants shall continue until all species-specific baiting opportunities in all trapping units have been filled or no more eligible applicants are available;

 

c.  Successful applicants shall be notified by mail within 7 working days of the trapping unit and species baiting opportunities awarded them;

 

d.  Successful CLHF lottery applicants shall complete and submit an application for a permit to bait wildlife on state owned and managed lands in accordance with paragraphs(d), (e), and (f) above for each trapping unit and species opportunity awarded them in the lottery, noting on the form that the application for a permit to bait wildlife is for a site awarded in the CLHF lottery and providing the CLHF trapping unit number in which the site is located; and

 

e.  Following the lottery, any baiting permits as specified in this paragraph not issued in the lottery by species and trapping unit shall be distributed on a first come-first served basis at the fish and game region one office in Lancaster; and

 

(12)  Baiting on the CLHF shall be in compliance with RSA 207:3-d, Fis 307.01, Fis 307.02, and Fis 307.03.

Source.  #8931, eff 7-6-07 (from Fis 1102.05); ss by #10142, eff 6-5-12; ss by #10347, eff 5-22-13; ss by #10619, eff 6-2-14 (from Fis 307.04); ss by #11114, eff 6-3-16; ss by #12591, eff 7-25-18); ss by #13211, eff 5-26-21; ss by #13644, eff 6-1-23

 

          Fis 307.06  Feeding of Wild Deer

 

          (a)  “Feeding of wild deer” means, for the purposes of this section, the intentional aggregation by a person of food for wild deer in a place where wild deer can access and consume such food between the dates of December 16 and April 16 of the subsequent year.

 

          (b) “Food for wild deer” means for the purposes of this section, any ingestible substance knowingly placed for any purpose, upon which deer may feed.

 

          (c)  Feeding of wild deer shall not be restricted unless and until the landowner is warned in writing by a conservation officer that the feeding activity is detrimental to the health of the deer population or a threat to public safety as a result of:

 

(1)  One or more instances of a vehicle colliding with a deer in proximity to the feeding site;

 

(2)  One or more instance of a sick, dead, or dying deer resulting from consumption of food at such a site; or

 

(3)  Confirmed predation of two or more deer in proximity to the feeding site.

 

          (d)  Once warned in writing by a conservation officer in accordance with RSA 208:8-b, III a person is guilty of a violation if he or she engages in any further feeding of wild deer.

 

          (e)  This rule shall not apply to baiting permitted under RSA 207:3-d and Fis 307 or agriculture as defined in RSA 21:34-a.

 

Source.  #12591, eff 7-25-18

 

PART Fis 308  WILDLIFE CONTROL OPERATORS

 

          Fis 308.01  Definitions.

 

          (a)  “Level I wildlife control operator” means a person who is a licensed trapper and who is also engaged in the practice of trapping nuisance animals under RSA 210:24-b.

 

          (b)  “Level II wildlife control operator” means a person who is engaged in the commercial practice of trapping nuisance animals under RSA 210:24-b.

 

          (c)  “Nuisance animal” means wildlife that a landowner wants excluded or removed to protect their family or their property from injury or destruction by the animal specified in Fis 308.02(e).

 

Source.  #7801, eff 6-1-03; ss by #8385, eff 6-25-05; ss by #10142, eff 6-5-12; ss by #13211, eff 5-26-21

 

          Fis 308.02  Licensing Requirements.

 

          (a)  A wildlife control operator shall obtain a level I or level II wildlife control operator’s license.

 

          (b)  All wildlife control operators shall meet the requirements of RSA 214:11-b relative to education.

 

          (c)  Wildlife control operators may trap, in the performance of their licensed activities, nuisance wildlife outside the regular trapping seasons.

 

          (d)  Wildlife control operators shall not trap endangered or threatened species, protected birds, deer, moose, bear, or turkey.

 

          (e)  Wildlife control operators may only trap the following:

 

(1)  Beaver;

 

(2)  Otter;

 

(3)  Mink;

 

(4)  Fisher;

 

(5)  Porcupine;

 

(6)  Raccoon;

 

(7)  Bobcat;

 

(8)  Grey and red fox;

 

(9)  Weasel;

 

(10)  Skunk;

 

(11)  Muskrat;

 

(12)  Grey, red and flying squirrel;

 

(13)  Rabbit and hare;

 

(14)  Coyote;

 

(15)  Opossum;

 

(16)  Woodchuck;

 

(17)  Chipmunks;

 

(18)  Mice, rats, voles, moles, and shrews; and

 

(19)  Snakes.

 

          (f)  Bats shall be controlled by exclusion techniques as described in Fis 1001.05 (d) and (e).

 

          (g)  Wildlife control operators may remove individual bats from portions of structures occupied by humans or livestock at any time of year.

 

          (h)  Any person trapping under a wildlife control operator license shall be exempt from the written landowner permission required under RSA 210:11, but shall be restricted to the property of that landowner for whom they are working.

 

          (i)  Wildlife control operator licenses shall expire on June 30 each year.

 

Source.  #7801, eff 6-1-03; ss by #8385, eff 6-25-05; ss by #10142, eff 6-5-12; ss by #12161, eff 4-18-17

 

          Fis 308.03  Trapping Restrictions.

 

          (a)  Traps shall be checked at least once in a calendar day pursuant to RSA 210:13 and the landowner or their agent may check box traps only for the wildlife control operator.

 

          (b)  Snares shall only be used by wildlife control operators after completing a training course in the use of snares.

 

          (c)  Trappers or wildlife control operators shall have held a trapping or wildlife control operator license for at least 3 years since 2000 before enrolling in the snaring course.

 

          (d)  A training course for the use of snares shall be approved by the executive director and include legal requirements, equipment review, methods and techniques for use, target selection, and humane considerations.

 

          (e)  Snares shall be non-locking relaxing snares equipped with a deer stop and a durable tag with the name of the person setting them stamped or engraved in a legible manner.

 

          (f)  Any domestic dog killed in a trap or a snare shall be reported to the department within 24 hours.

 

          (g)  Body gripping traps shall be set in accordance with Fis 303.12.

 

          (h)  Any non-targeted wildlife, incidentally killed, that has no open season shall be reported to the department within 72 hours.

 

          (i)  Fisher and otter taken by wildlife control operators shall be sealed within 10 days and may be sold.

 

          (j)  During the open season for fisher and otter the limit for fisher and otter shall be in accordance with the season limits specified in Fis 303.02(c) and Fis 303.04(c).

 

          (k)  Nuisance bobcat shall only be captured in live traps and released unharmed.

 

          (l) The wildlife control operator may relocate and release wildlife only after the wildlife control operator has obtained written permission of the landowner where the wildlife is to be released.

 

          (m)  Wildlife control operators may release wildlife on state owned or managed lands for which they hold a valid trapping permit issued pursuant to Fis 303.13.

 

Source.  #7801, eff 6-1-03; ss by #8385, eff 6-25-05; amd by #8644, eff 6-1-06; ss by #10142, eff 6-5-12; amd by #10619, eff 6-2-14

 

          Fis 308.04  Level I Wildlife Control Operator.

 

          (a)  Any licensed trapper who holds a level I wildlife control operators license may trap nuisance animals outside the regular trapping seasons.

 

          (b)  Level I wildlife control operator licensees may only charge for services for trapping furbearers, woodchucks, coyote, opossums, and porcupines but shall not charge for services for trapping other nuisance wildlife.

 

          (c)  Level I wildlife control operators may keep and sell the hide of any furbearer currently permitted under the trapping license.

 

          (d)  Level I wildlife control operator shall report as follows:

 

(1)  Report all furbearing animals killed during the open season for trapping wildlife on their trapping report as specified in Fis 303.08; and

 

(2)  Report all nuisance furbearing animals killed outside the open trapping season on a wildlife control operator report as specified in Fis 308.07(c).

 

          (e)  The license fee shall be $10.  However, as of July 1, 2016, the license fee shall be $15.00.

 

Source.  #7801, eff 6-1-03; ss and moved by #8385, eff 6-25-05 (from Fis 308.03); ss by #10142, eff 6-5-12; amd by #10981, eff 1-1-16

 

          Fis 308.05  Level II Wildlife Control Operator.

 

           (a)  Applicants for a level II wildlife control operator’s license shall have completed a 6-hour workshop, be certified by the National Wildlife Control Operators Association (NWCOA), or have held a previous level II wildlife control operator’s license.

 

           (b)  A workshop shall include the following topics:

 

                  (1)  Laws and rules;

 

                  (2)  Wildlife biology and ecology;

 

                  (3)  Best management practices;

 

                  (4)  Exclusionary methods, to include training on devices such as repellants, one-way doors, habitat modification, and live traps;

 

                  (5)  Consideration of humane issues of wildlife;

 

                  (6)  Site evaluation;

 

                  (7)  Non-lethal or lethal resolutions to wildlife problems;

 

                  (8)  Techniques to prevent reoccurrence of the problem;

 

                  (9)  Capture, transport, and handling of wildlife;

 

                  (10)  Euthanasia;

 

                  (11)  Landowner relations; and

 

                  (12)  Disease, hazards, and risks.

 

           (c)  The level II wildlife control operators may utilize persons employed by them, and under their supervision, to assist in carrying out their business.

 

           (d)  The wildlife control operator shall not use assistants who do not have the ability, knowledge, and training to capably perform the tasks assigned to them.

 

           (e)  Each assistant shall carry a copy of their supervisor’s level II wildlife control operator license.

 

           (f)  Level II wildlife control operators shall submit a report as specified in Fis 308.07(c).

 

           (g)  In addition to paragraph (f) above, a level II wildlife control operator who also holds a regular trapping license for the purpose of trapping furbearers during the regular trapping seasons shall report all furbearing animals taken during the open season for trapping on the annual trappers report as described in Fis 303.08.

 

           (h)  The license fee shall be $135 for residents and $400 for nonresidents.

 

Source.  #7801, eff 6-1-03; ss and moved by #8385, eff 6-25-05 (from Fis 308.04); ss by #10142, eff 6-5-12; amd by #10981, eff 1-1-16; amd by #12591, eff 7-25-18; ss by #13644, eff 6-1-23

 

          Fis 308.06  Reports. 

 

          (a)  Report information required in Fis 308.04(d)(2) and Fis 308.05(f) shall be submitted for the period June 1 through May 31 the previous year.

 

          (b)  Wildlife control operators shall submit the wildlife control operator report no later than June 30.

 

          (c)  Any licensee failing to report shall be refused a license until the complete information has been filed.

 

Source.  #7801, eff 6-1-03; ss and moved by #8385, eff 6-25-05 (from Fis 308.05); ss by #10142, eff 6-5-12; ss by #13211, eff 5-26-21

 

          Fis 308.07  Wildlife Control Operator Forms.

 

           (a)  A person requesting a wildlife control operator’s license shall provide, on the application available at wildlife-control-operator.pdf (state.nh.us), the following:

 

                  (1)  Name and address;

 

                  (2)  Date of birth;

 

                  (3)  Height and weight;

 

                  (4)  Telephone number;

 

                  (5)  Business name and address, if operating a business;

 

                  (6)  Level of license;

 

                  (7)  A current NH trapping license number, if applying for a level I license;

 

(8)  Proof of completion of a trapper education course, if the applicant does not possess a trapping license and the applicant is applying for a level II license;

 

(9)  Previous level II wildlife control operator’s license or proof, as specified in paragraph (b) below, that the requirements of Fis 308.05(b) have been met, if the applicant is applying for a level II license;

 

(10)  If the applicant wishes to use snares, proof of completion of a snaring workshop as required in Fis 308.03(b);

 

(11)  An indication as to whether the licensee would like his or her name and contact information provided on a list of wildlife control operators provided by the department; and

 

(12)  Signature of the applicant subject to the penalties for making unsworn false statements under

RSA 641:3.

 

           (b)  Proof that the requirements of Fis 308.05(b) have been met shall include a certificate or letter from NWCOA, or a certificate or letter from New Hampshire, Massachusetts, Connecticut, or any state, province, or organization conducting a similar workshop, stating that the individual has completed the workshop.

 

           (c)  Level I and Level II operators shall include on the “Wildlife Control Operator Reporting Form”, available at wco-form.pdf (state.nh.us), the following:

 

                  (1)  The licensee’s name, phone number, home and business address;

 

                  (2)  The level of license and license number held;

 

                  (3)  The time period covered by the report;

 

                  (4)  Whether or not nuisance wildlife was trapped;

 

(5) The number of nuisance furbearing animals by species killed in each town and wildlife management unit during the reporting period; and

 

(6)  Licensee’s signature subject to the penalties for making unsworn false statements under RSA 641:3.

 

          (d)  Level II operators shall also report, for all bats that are excluded, the following information:

 

                  (1)  Date of exclusion;

 

                  (2)  Species of bat excluded;

 

                  (3)  Estimated number of bats in the colony;

 

                  (4)  Type of structure bats were excluded from;

 

                  (5)  Town where exclusion was done;

 

(6)  If exclusions were performed between May 15 and August 15, whether pups were present, as specified in Fis 1001.05(b)(2);

 

(7)  If exclusions were performed between August 1 and August 15, whether pups were flying for 2 weeks or more prior to the exclusion, as specified in Fis 1001.05(b)(3); and

 

(8)  Note any public health related exclusions.

 

Source.  #8385, eff 6-25-05 (from Fis 308.06); amd by #9163, eff 5-28-08l; ss by #10142, eff 6-5-12; amd by #12591, eff 7-25-18; ss by #13644, eff 6-1-23

 

PART Fis 309  WILDLIFE DISEASE

 

          Fis 309.01  Chronic Wasting Disease (CWD).   

 

          (a)  The purpose of this rule is to minimize the risk of hunters bringing potentially diseased hunter killed carcasses or parts into New Hampshire and exposing wild and captive cervid populations to chronic wasting disease (CWD). CWD is a fatal neurological disorder belonging to a general class of diseases known as transmissible spongiform encephalopathies that is known to affect white-tailed deer, mule deer, elk, and perhaps other members of the deer family native to or present in New Hampshire.

 

          (b)  For the purpose of this section, the following definitions shall apply:

 

(1)  "Cervid" means any member of the family Cervidae; and

 

(2)  "CWD positive jurisdiction" means those US states or Canadian provinces in which chronic wasting disease has been found in the wild or captive cervids.

 

          (c)  No person shall import into the state any hunter killed cervid carcass or parts of a cervid carcass from CWD positive jurisdictions except for:

 

(1)  De-boned meat;

 

(2)  Antlers;

 

(3)  Antlers attached to skull caps from which all soft tissue has been removed;

 

(4)  Upper canine teeth, also known as buglers, whistlers, or ivories, from which all soft tissues has been removed;

 

(5)  Hides or capes with no part of head attached;

 

(6)  Finished taxidermy mounts; or

 

(7)  Tissues prepared and packaged for use by diagnostic or research laboratories.

 

Source.  #7963, eff 9-23-03; ss by #9720-A, eff 6-5-10; amd by #10142, eff 6-5-12; ss by #13098, INTERIM, eff 9-4-20, EXPIRES: 3-3-21; ss by #13211, eff 5-26-21

 

PART Fis 310  CONTROL OF NUISANCE BLACK BEARS

 

          Fis 310.01  Control of Nuisance Black Bears.

 

          (a)  No person shall use, place, provide, give, expose, deposit, scatter or distribute any material that results in attracting black bears after being noticed by the executive director or his designee to cease the activity because the activity might result in injury to a person, damage to property or create a public nuisance.

 

Source.  #8576, eff 3-2-06; ss by #10619, eff 6-2-14

 

PART Fis 311  USE OF LEASHED DOGS FOR TRACKING BIG GAME ANIMALS

 

          Fis 311.01  Definitions.

 

          (a)  “Big game animal” means a bear, deer, or moose.

 

          (b)  “Licensed tracker” means a person licensed to use leashed dogs to track deer, moose or bear in accordance with RSA 207:12-c.

 

Source.  #8839, eff 7-1-07; ss by#10619, eff 6-2-14

 

          Fis 311.02  Licensing for Use of Leashed Tracking Dogs.

 

          (a)  A leashed tracking dog licensee may use a leashed tracking dog to locate wounded or dead big game animals for another licensed hunter.

 

          (b)  Applicants for a leashed tracking dog license shall provide the following on the “Leashed Dog Tracking License” form provided by the department:

 

(1)  Applicant’s name, street and mailing address, date of birth, age, and eye color;

 

(2)  Applicant’s current New Hampshire hunting license number;

 

(3)  Number and breed of dogs to be used for leashed tracking; and

 

(4)  Signature of applicant, signed subject to the penalties for making unsworn false statements under RSA 641:3.

 

          (c)  The applicant shall submit the application and the fee for the leashed tracking dog license to the fish and game department, 11 Hazen Drive, Concord, NH 03301.

 

          (d)  The annual fee for a leashed tracking dog license shall be $50.00.

 

          (e)  The licensed tracker shall have and carry a current hunting license and current leashed tracking dog license when tracking big game animals.

 

          (f)  The dogs shall be properly licensed in accordance with existing New Hampshire laws.

 

          (g)  The licensed tracker shall not use more than 2 dogs for tracking big game animals at one time.

 

          (h)  The license tracker shall not charge for services of tracking big game animals.

          (i)  The licensed tracker shall submit an annual summary report to the fish and game department no later than December 31st of the year they held a license to track big game animals.

 

          (j)  The required annual summary report shall include:

 

(1)  The licensed tracker’s name, address and leashed dog tracking license number;

 

(2)  The breed(s) and number of dogs used;

 

(3)  The dates of each tracking effort;

 

(4)  The towns in which each tracking effort occurred;

 

(5)  The number of tracking efforts initiated, by species sought;

 

(6)  The number of animals found dead, by species;

 

(7)  The number of animals found wounded and euthanized, by species; and

 

(8)  The number of animals not recovered, by species.

 

          (k)  Individuals who fail to submit the required report shall not be eligible to purchase another leashed dog tracking license until the report is submitted.

 

Source.  #8839, eff 7-1-07; ss by #10619, eff 6-2-14

 

          Fis 311.03  Use of Leashed Dogs for Tracking Big Game Animals.

 

          (a)  A hunter who has killed or wounded or reasonably believes they have killed or wounded a big game animal during the applicable open season may engage a person licensed to use a leashed tracking dog to track and recover the animal.

 

          (b)  A licensed tracker may use a leashed tracking dog to locate wounded or dead big game animals:

 

(1)  During the appropriate open hunting season and until midnight the day immediately following the last day of the appropriate hunting season;

 

(2)  During the day or at night; and

 

(3)  With or without the use of an artificial light;

 

          (c)  A licensed tracker using a licensed tracking dog may temporarily possess big game animals until lawfully tagged by the hunter or delivered to a NH fish and game officer.

 

          (d)  Unless physically incapacitated, the hunter shall accompany the licensed tracker while tracking the animal. For purposes of this paragraph “accompany” means to be within sight and hearing, excluding electronic devices, of the tracker.

 

          (e)  The licensed tracker shall notify the conservation officer in person or by telephone by calling 603-271-3361 from 7:00 a.m. to 7:00 p.m and provide:

 

(1)  The licensed tracker’s name and tracking license number;

 

(2)  The hunter’s name, address, telephone number and hunting license number;

 

(3)  The species and general location of the wounded or dead animal; and

 

(4)  Whether the hunter is physically incapacitated and unable to participate in the recovery of the big game.

 

          (f)  When tracking wounded or dead big game, the licensed tracker shall wear 2 articles of hunter orange clothing to include:

 

(1)  A solid-colored hunter orange hat; and

 

(2)  A jacket, vest, coat or poncho which is a minimum of 50% hunter orange in color to cover a major portion of the torso.

 

          (g)  The licensed tracker shall maintain physical control of the leashed tracking dog(s) at all times while tracking big game animals by means of a lead attached to the dog’s collar or harness.

 

          (h)  No person other than the licensed tracker or the hunter, who shot the animal and who has engaged the licensed tracker, may carry a firearm or bow of any description while tracking dead or wounded big game.

 

          (i)  During legal hunting hours, the hunter or licensed tracker shall dispatch the wounded big game animal when found by the licensed tracker, by a means which is lawful during the open season.

 

          (j)  In addition to the methods in (i), the licensed tracker may use a handgun of no less than .35 caliber and in accordance with RSA 208:3-d.

 

          (k)  Outside of legal hunting hours or outside the open season, only the licensed tracker shall euthanize wounded big game animals with a handgun of no less than .35 caliber.

 

          (l)  After the big game animal has been recovered, the hunter shall immediately complete and affix the appropriate tag to the animal, as required by existing hunting rules.

 

          (m)  If the hunter was unable to accompany the licensee due to physical incapacitation then the hunter shall provide the licensed tracker, prior to the onset of tracking, with a written signed statement to take and possess the wounded or dead animal.

 

          (n)  The written signed statement in (m) shall include:

 

(1)  The hunter’s name, address, telephone number, license number, and tag number;

 

(2)  The name of the licensed tracker;

 

(3)  The date and time of the tracking effort; and

 

(4)  The general location of the wounded animal.

 

          (o)  The licensed tracker shall sign the written statement specified in (l) prior to tracking the wounded animal.

 

          (p)  If the hunter is unavailable to accept the recovered animal, the licensed tracker shall notify a conservation officer by calling 603-271-3361 from 7:00 a.m. to 7:00 p.m. and advising the Department of that fact, and the animal shall be turned over to a conservation officer.

 

          (q)  The licensed tracker shall report any suspected game law or rule violations to a conservation officer.

 

          (r)  If requested, the licensed tracker and/or the hunter shall accompany a conservation officer in a review of the wounding site, tracking line, and recovery site.

 

Source.  #8839, eff 7-1-07; ss by #10619, eff 6-2-14

 

PART Fis 312  USE OF DRONES, SMART RIFLES, AND LIVE ACTION GAME CAMERAS

 

          Fis 312.01  Definitions.

 

          (a)  “Unmanned Aerial Vehicle (UAV)” means any device capable of flight which is remotely, automatically, or otherwise piloted without an occupant, including, but not limited to, drones.

 

          (b)  “Smart rifle” means any firearm that is equipped with one or more of the following:

 

(1)  A target tracking system;

 

(2)  An electronically-controlled, electronically-assisted, or computer-linked trigger; or

 

(3)  A ballistics computer.

 

          (c)  “Live-action game camera” means any device capable of recording and transmitting photographic or video data wirelessly to a remote device, such as a computer or smart phone.  “Live-action game camera” does not include game cameras that merely record photographic or video data and store such data for later use, as long as the device cannot transmit data wirelessly.

 

          (d)  “Take” or “taking” means pursuing, shooting, hunting, killing, capturing, trapping, snaring, and netting wildlife, and all lesser acts, such as disturbing, harrying, worrying, wounding, or placing, setting, drawing, or using any net or other device commonly used to take wildlife, whether they result in taking or not, and includes every attempt to take and every act of assistance to every other person in taking or attempting to take wildlife, in accordance with RSA 207:1, XXVII.

 

Source.  #10823, eff 5-4-15

 

          Fis 312.02  Unmanned Aerial Vehicles.

 

          (a)  No person shall take or attempt to take wildlife by use of a UAV.

 

          (b)  No person shall use a UAV to:

 

(1)  Attempt to locate, surveil, or aid or assist in any attempt to locate or surveil any wildlife, for the purpose of taking or attempting to take the wildlife;

 

(2)  Use in any manner to communicate the location or approximate location of any wildlife to any person on the ground for the purpose of taking or attempting to take the wildlife; or

 

(3)  Drive or harass any wildlife, or otherwise aid or assist in taking or attempting to take wildlife.

 

          (c)  The provisions of this section shall not apply to the actions of law enforcement officers and personnel of the fish and game department in the performance of their official duties.

 

Source.  #10823, eff 5-4-15

 

          Fis 312.03  Smart Rifles.

 

          (a)  All firearms used to take or attempt to take wild animals shall be fired only by humanly controlled, manually-operated mechanical triggers. No person shall use a smart rifle to take or attempt to take wild animals.

 

          (b)  The executive director shall waive the prohibition contained in Fis 312.03(a) and shall allow the use, for hunting, of a firearm with an electronically-controlled, electronically-assisted, or computer-linked trigger if the executive director finds that:

 

(1)  The person seeking a waiver is unable to fire a traditional firearm due to quadriplegia, the loss of both hands, or a similar permanent condition; and

 

(2)  The type of firearm and firing method proposed to be used protects the safety of the applicant and the surrounding community. 

 

          (c)  An application for a waiver under this section shall be in writing and shall include:

 

(1)  The date of the application;

 

(2)  The applicant’s name, address, and New Hampshire hunting license number;

 

(3)  A description of the specific disability that renders the applicant unable to fire a traditional firearm using traditional means;

 

(4)  The type of firearm to be used and a description of the method by which the firearm’s trigger is operated;

 

(5)  The name, address, and New Hampshire hunting license number of the applicant’s assistant, if any;

 

(6)  A description of the date(s), time(s), and location(s) of the planned hunt; and

 

(7)  The signature of the applicant, or the signature of the applicant’s assistant, subject to the penalties for making unsworn false statements under RSA 641:3

 

          (d)  Applications for waivers shall be received at least 30 days prior to the date of the planned hunt.

 

          (e)  The decision of the executive director on the waiver request shall be final.

 

          (f)  The executive director shall notify the chief of the department’s law enforcement division of any granted wavier for distribution to the appropriate conservation officers.

 

Source.  #10823, eff 5-4-15

 

          Fis 312.04  Live-Action Game Cameras.

 

          No person shall use a live-action game camera to locate, surveil, or aid or assist in any attempt to locate or surveil any game animal or fur bearing animal, for the purpose of taking or attempting to take said wildlife during the same calendar day and during the open season to take said wildlife.

 

Source.  #10823, eff 5-4-15

 


APPENDIX

 

Rule

State or Federal Statute the Rule Implements

Fis 301.01

RSA 206:10, I

Fis 301.02

RSA 206:10, I; RSA 208:1-a, I; RSA 208:2; RSA 208:22, I, III; RSA 209:12-a

Fis 301.02

RSA 206:10, I; RSA 208:1-e; 208:2, 208:22-a, 208:5, 208:5-a, 210:23

Fis 301.021

RSA 206:10, I; RSA 208:5-b

Fis 301.022

RSA 206:10, I; RSA 206:23-c

Fis 301.03

RSA 206:10, I; RSA 208:2; RSA 208:7-a; RSA 208:15-a; RSA 208:15-b; RSA 208:15-d; RSA 208:15-h

Fis 301.031

RSA 206:10, I; RSA 208:5-b

Fis 301.032

RSA 206:10, I; RSA 206:23-c

Fis 301.033

RSA 206:10, I; RSA 208:15-a; RSA 208:15-b;

Fis 301.034

RSA 206:10, I; RSA 208:5-b

Fis 301.04

RSA 206:10, I; RSA 208:2; RSA 208:15-b

Fis 301.041

RSA 206:10, I; RSA 208:7-a, I, II

Fis 301.05

RSA 206:10, I; RSA 208:22

Fis 301.05

RSA 206:10, I; RSA 208:22; RSA 208:24

Fis 301.06

RSA 206:10, I; RSA 208:7-a, II; RSA 208:22, I and III

Fis 301.07

RSA 206:10, I; RSA 208:1-a, I, II

Fis 301.071

RSA 206:10, I; RSA 208:1-a

Fis 301.08

RSA 206:10, I; RSA 208:1-a, I

Fis 301.09

RSA 206:10, I; RSA 208:1-a, I and II

Fis 301.09

RSA 206:10, I; RSA 208:1-a, II

Fis 301.09

RSA 206:10, I; RSA 208:1-a, II and II-a

Fis 301.10

RSA 206:10, I; RSA 207:56, III

Fis 301.11

RSA 206:10, I; RSA 207:56

Fis 302.01

RSA 206:10, I; RSA 209:12-a, I

Fis 302.011

RSA 206:10, I; RSA 209:12-a, I

Fis 302.012

RSA 206:10, I; RSA 209:12-a, I

Fis 302.04

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.05

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.06

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.061

RSA 206:10; RSA 209:6

Fis 302.062

RSA 206:10, I; RSA 209:6

Fis 302.07

RSA 206:10; RSA 209:6

Fis 302.08

RSA 206:10, I; RSA 208:1-a

Fis 302.09

RSA 206:10, I; RSA 209:6; RSA 209:6-b; 50 CFR Part 20

Fis 302.10

RSA 206:10; RSA 209:6

Fis 302.11

RSA 206:10, I; RSA 207:56, I

Fis 302.12 – Fis 302.14

RSA 206:10, I; RSA 207:56

Fis 303.01

RSA 210:17, 210:23

Fis 303.02

RSA 206:10, I; RSA 207:56; RSA 210:23

Fis 303.03

RSA 206:10, I; RSA 207:56; RSA 210:2; RSA 210:23

Fis 303.03

RSA 206:10, I; RSA 210:2, RS 210:23

Fis 303.04

RSA 206:10, I; RSA 210:23

Fis 303.05

RSA 206:10, 210:23

Fis 303.06

RSA 206:10, I; RSA 210:23; RSA 208:1-e

Fis 303.06

RSA 206:10, I; RSA 208:1-e; RSA 210:23

Fis 303.07 – Fis303.08

RSA 206:10, I; RSA 210:23

Fis 303.09

RSA 206:10, I; RSA 214:26

Fis 303.10

RSA 206:10, I; RSA 210:17, 210:23

Fis 303.11

RSA 206:10, I; RSA 210:23

Fis 303.12

RSA 206:10, I; RSA 210:23

Fis 303.13

RSA 206:10, I; RSA 210:23; RSA 212:19

Fis 304.01

RSA 21:34-a, II; RSA 206:10, I; RSA 207:22-c, II(g) and III; RSA 207:23-a, V(a); RSA 207:26

Fis 304.02 - Fis 304.02

RSA 206:10, I; RSA 207:22-c, III and RSA 207:26

Fis 304.03

RSA 206:10, I; RSA 207:22-c, III; RSA 207:26

Fis 304.04

RSA 206:10, I; RSA 207:22-c, III; RSA 207:26

Fis 304.05

RSA 206:10, I; RSA 207:22-c, III

Fis 304.06

RSA 206:10, I; RSA 207:22-c, I

Fis 304.07

RSA 206:10, I; RSA 207:22-c

Fis 304.08

RSA 206:10, I; RSA 207:22-a; RSA 207:23-a, V; RSA 541-A:29;

RSA 641:3

Fis 304.09

RSA 206:10, I; RSA 207:23-a, V(e)

Fis 304.10

RSA 206:10, I; RSA 207:23-a, II; RSA 541-A:29, II(b)

Fis 304.11

RSA 206:10, I; RSA 207:23-a, V(d); RSA 541-A:29

Fis 304.12

RSA 206:10, I; RSA 207:23-a, III; RSA 541

Fis 305.01

RSA 206:10, I

Fis 305.02

RSA 206:10, I; RSA 207:12-a

Fis 306.01

RSA 206:10, I; RSA 206:15-a

Fis 307.01

RSA 206:10, I; RSA 207:3-d, I; RSA 208:2

Fis 307.02

RSA 206:10, I; RSA 207:3-d, I

Fis 307.03

RSA 206:10, I; RSA 207:3-d, 208:1-e, 208:2

Fis 307.04

RSA 206:10, I; RSA 207:3-d, I; RSA 209:12-a, I

Fis 307.05

RSA 206:10, I; RSA 207:3-d; RSA 208:2

Fis 307.06

RSA 206:10, I; RSA 208:8-b

Fis 308.01

RSA 206:10, I; RSA 210:24-b, I

Fis 308.02 – Fis 308.04

RSA 206:10, I; RSA 210:24-b

Fis 308.05

RSA 206:10, I; RSA 210:24-b

Fis 308.06

RSA 206:10, I; RSA 210:24-b, I

Fis 308.07

RSA 206:10, I; RSA 210:24-b

Fis 309.01

RSA 206:10, I

Fis 310.01

RSA 206:10, I

Fis 311.01 – Fis 311.03

RSA 206:10, I; RSA 207:12-c

Fis 312.01

RSA 206:10, I; RSA 207:8-a

Fis 312.02

RSA 206:10, I; RSA 207:8-a

Fis 312.03

RSA 206:10, I; RSA 207:8-a

Fis 312.04

RSA 206:10, I