CHAPTER Fis 500  BAIT FISH, ORGANIZED AND/OR COMMERCIAL ACTIVITIES

 

Statutory Authority:

 

REVISION NOTE:

 

          Document #5016 made extensive changes to the wording, format and structure of Fis 400 and Fis 500.  Document #5016 supersedes all prior filings for the sections in these chapters except for Parts Fis 408 and 410, which were not included in Document #5016.  The prior filings for former Fis 500 include the following documents:

 

#0745, eff 1-25-76

#1999, eff 4-15-82

#2839, eff 8-31-84

#4665, eff 8-21-89

#0996, eff 1-1-78

#2000, eff 4-15-82

#3169, eff 12-31-85

#4688, eff 10-24-89

#1041, eff 10-15-77

#2172, eff 11-28-82

#4033, eff 4-1-86

#4722, eff 1-1-90

#1464, eff 1-1-80

#2263, eff 1-7-83

#4121, eff 8-21-86

#4724, eff 1-1-90

#1590, eff 6-11-80

#2456, eff 8-28-83

#4191, eff 12-17-86

#4769, eff 2-27-90

#1669, eff 11-20-80

#2500, eff 11-1-83

#4318, eff 9-25-87

#4770, eff 2-27-90

#1670, eff 11-20-80

#2675, eff 4-18-84

#4396, eff 4-18-88

#4790, eff 3-27-90

#1844, eff 1-1-82

#2741, eff 6-13-84

#4535, eff 12-2-88

#4803, eff 4-25-90

 

 

 

#4821, eff 5-29-90

 

 

 

#4920, eff 8-20-90

 

          The rules in former Fis 501 through Fis 511 governing county exceptions to the freshwater fishing rules have been amended and incorporated into Fis 400 by Document #5016.  The rules in former Fis 406 governing bait fish and bait fish dealers have been amended and incorporated into Fis 502.  The rules in former Fis 411 governing prohibited actions have been amended and incorporated into Fis 402.  The rules governing fishing contests in former Fis 412 have been amended and incorporated into Fis 503.  The rules governing trophy fish and record fish programs in former Fis 413 have been amended and incorporated into Fis 504.  See the revision note at the head of Chapter Fis 400 for prior filings under that chapter.

 

PART Fis 501  APPLICABILITY

 

Fis 501.01  Person Subject to this Chapter.  This chapter shall apply to persons harvesting bait, participating in or conducting organized or commercial activities within the freshwaters of the state.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; ss by # 5292, eff 12-20-91, EXPIRED: 12-20-97

 

New.  #8120, eff 7-16-04; ss by #10279, eff 2-28-13; ss by #13532, eff 2-1-23

 

Fis 501.02  Definitions.  All the definitions in Fis 401 shall apply to this chapter.

 

Source.  #5292, eff 12-20-91, EXPIRED: 12-20-97

 

New.  #8120, eff 7-16-04; ss by #10279, eff 2-28-13; ss by #13532, eff 2-1-23

 

PART Fis 502  BAIT FISH

 

        Fis 502.01  Taking Bait Fish for Personal Use by Licensed Bait Dealers.

 

        (a)  Except as provided in Fis 406, Fis 407, and Fis 410, there shall be no closed season for licensed anglers to take bait fish listed in Fis 402.08(a) for personal use as bait by the methods prescribed in RSA 211:9.  In addition, white suckers may be taken for personal use as bait by use of traps made of wire slats, not more than 50 inches long nor more than 30 inches wide, with an aperture for the entrance of fish no smaller than 3 and 1/2 inches in diameter. 

 

        (b) The daily limit per licensee for bait fish listed in Fis 402.08, shall be 2 quarts liquid measure.

 

        (c)  No more than 6 total bait traps shall be used by any licensee at one time to take bait fish listed in Fis 402.08, crayfish, and all aquatic invertebrate species.  All other species taken shall be immediately released into the waters from which they were taken.

 

        (d) All bait traps, holding boxes, or other receptacles shall be plainly marked with the name and contact information of the licensed owner or user.

 

Source.  (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91 (from Fis 406.01); ss by # 5292, eff 12-20-91; ss by #5723, eff 12-1-93; ss by #6713, eff 3-11-98; amd by #7582, eff 1-1-02; paragraphs (a) & (c) EXPIRED: 3-11-06; amd by #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07

 

New.  #8997, eff 9-29-07; ss by #10425, eff 1-1-14; ss by #10936, eff 1-1-16; ss by #11029, eff 1-26-16; ss by #12933, eff 11-28-19; ss by #13798, eff 11-1-23

 

        Fis 502.02  Taking of Bait Fish or Aquatic Invertebrates by Licensed Bait Dealers.

 

        (a)  There shall be no closed season for taking bait fish listed in Fis 402.08 for bait, except as otherwise provided in Fis 406, Fis 407, and Fis 410, by persons holding a bait dealer’s license and by methods prescribed in RSA 214:34-a.

 

        (b)  Persons holding a bait dealer’s license may take crayfish or other aquatic invertebrates by hand, with nets, or through the use of bait traps. All other species shall be immediately released into the waters from which they were taken. 

 

        (c)  All bait traps, holding boxes, or other receptacles shall be plainly marked with the name and address of the licensed owner or user.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91 (from Fis 406.02); ss by #5292, eff 12-20-91, EXPIRED: 12-20-97

 

New.  #6713, eff 3-11-98, EXPIRED: 3-11-06

 

New.  #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07

 

New.  #8997, eff 9-29-07; ss by #10425, eff 1-1-14; ss by #11029, eff 1-26-16; ss by #11080, eff 4-22-16; ss by #12768, eff 5-3-19; ss by #12933, eff 11-28-19; ss by 13798, eff 11-1-23

 

        Fis 502.03  Taking of Freshwater Smelt by Licensed Bait Dealers.

 

        (a)  Licensed bait dealers may take freshwater smelt for sale as bait.

 

        (b)  Licensed bait dealers shall only take freshwater smelt in the waterbodies listed in Table 502.1 in paragraph (c) below by means of a dip net held in hand, a drop net not over 48 inches in diameter, or a square umbrella net not over 42 inches on a side, pursuant to RSA 214:34-a.

 

        (c)  Licensed bait dealers may take freshwater smelt for sale as bait by the methods described in paragraph (b) above from ice-in through February 28, in the open waterbodies in Table 502.1:

 

Table 502.1 WATERBODIES OPEN FOR TAKING FRESHWATER SMELT FOR BAIT

 

WATERBODY

TOWN(s)

Beech Pond, Lower

Tuftonboro

Cedar Pond

Milan

Christine Lake

Stark

Crystal Lake

Enfield, Gilmanton, and Eaton

Deering Reservoir

Deering

Iona Lake

Albany

Loon Lake

Freedom

Loon Pond

Gilmanton

Manning Lake

Gilmanton

Pea Porridge Pond

Madison

Pleasant Lake

Deerfield

Post Pond

Lyme

Rust Pond

Wolfeboro

Sandy Pond

Richmond

South Pond

Stark

Suncook Lakes

Barnstead

Sunapee Lake, Little

Springfield

Sunset Lake

Alton and Gilmanton

Tewksbury Pond

Grafton

Webster Lake

Franklin

Wentworth Lake

Wolfeboro

White Lake

Tamworth

 

        (d)  The daily limit for freshwater smelt taken by licensed bait dealers in the water bodies listed in Table 502.1 in paragraph (c) above shall be 8 quarts liquid of whole, with head and tail intact, freshwater smelt in the 24 hours between 12 o'clock noon one day and 12 o'clock noon the following day.

 

        (e)  The daily limit for freshwater smelt taken by licensed bait dealers in locations other than those set forth in Table 502.1 in paragraph (c) above shall be 2 quarts liquid of whole, with head and tail intact, freshwater smelt in the 24 hours between 12 o'clock noon one day and 12 o'clock noon the following day and shall be taken by angling only.

 

        (f)  No licensed bait dealer shall have in possession more than one daily limit of freshwater smelt while taking freshwater smelt for sale as bait from streams, ponds, or lakes, or when leaving such waters.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91 (from Fis 406.03); ss by # 5292, eff 12-20-91; ss by #5723, eff 12-1-93; amd by #6115, eff 11-22-95; ss by #6713, eff 3-11-98; ss by #7180, eff
1-1-00; ss by #8997, eff 9-29-07 ss by #10425, eff 1-1-14; ss by #12768, eff 5-3-19; ss by #13798, eff 11-1-23

 

Fis 502.04  Molesting Gear.  No person shall molest, pull, tend, or disturb any gear as specified in RSA 214:34-c.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91(from Fis 406.04), EXPIRED: 1-1-97

 

New.  #6432, eff 1-21-97; ss by #8120, eff 7-16-04; ss by #10279, eff 2-28-13; ss by #13532, eff 2-1-23; ss by #13798, eff 11-1-23

 

        Fis 502.05  Equipment.

 

        (a)  In addition to the equipment requirements specified in RSA 214:34-a, licensed bait dealers shall use a fish grader, with minimum grader spacings of 14/64 inches, while taking freshwater smelt for sale as bait from ice in through February 28.

 

        (b)  The licensed bait dealer shall immediately liberate alive all undersized smelt into the waters from which they were taken.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91(from Fis 406.05); EXPIRED: 1-1-97

 

New.  #6432, eff 1-21-97; ss by #7180, eff 1-1-00; ss by #8997, eff 9-29-07; ss by #10279, eff 2-28-13; ss by #10425, eff 1-1-14; ss by #13798, eff 11-1-23

 

        Fis 502.06  Dealing in Live Fishing Bait.  Any premises used by persons licensed to take and hold live finfish or aquatic invertebrates for bait shall be open for inspection by the executive director or designee at any time.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91(from Fis 406.06); ss by #5292, eff 12-20-91, EXPIRED: 12-20-97

 

New.  #6713, eff 3-11-98, EXPIRED: 3-11-06

 

New.  #8997, eff 9-29-07; ss by #10425, eff 1-1-14; ss by #11029, eff 1-26-16; ss by #13798, eff 11-1-23

 

        Fis 502.07  Importation of Finfish for Bait.

 

        (a)  No person shall import fin fish for bait, unless the person is a licensed retail or wholesale bait dealer in accordance with Fis 1104.04, who is also in possession of a permit to import bait fish, issued in accordance with Fis 1104.07.

 

        (b)  A permit to import bait fish shall be issued to import only the following species:

 

(1)  White sucker (Catostomus commersonii);

 

(2)  Eastern creek chubsucker (Erimyzon oblongus);

 

(3)  Tomcod or killifish (Fundulus sp.);

 

(4)  Golden shiner (Notemigonus crysoleucas);

 

(5)  Common shiner (Luxilis cornutus);

 

(6)  Spot-tail shiner (Notropis hudsonius);

 

(7)  Eastern silvery minnow (Hybognathus regius);

 

(8)  Emerald shiner (Notropis atherinoides);

 

(9)  Lake chub (Couesius plumbeus);

 

(10)  Creek chub (Semotilus atromaculatus);

 

(11)  Fallfish (Semotilus corporalis); and

 

(12)  Rainbow smelt (Osmerus mordax).

 

        (c)  All permits to import bait fish shall be issued with the following additional conditions and restrictions:

 

(1)  Live fish imported for use as freshwater fishing bait shall only be imported from states with an aquatic invasive species monitoring program, approved in advance of the importation by the executive director, and meeting the testing criteria contained in Fis 803.09 and the reporting requirements of Fis 803.10;

 

(2)  The date of importation from an approved hatchery source shall be within 6 months of the inspection;

 

(3)  No species of aquatic invertebrate shall be imported for use as bait or otherwise;

 

(4)  Freshwater smelt shall not be imported, except that all bait fish and freshwater smelt that are natal to the state of Maine and free of pathogens, in accordance with Fis 803.09, may be imported without a prior inspection of the source;

 

(5)  No dealer shall import a greater quantity of bait fish than the quantity specified on that person’s import permit;

 

(6)  Each shipment of imported fish for bait received by a licensed bait dealer shall be accompanied with a dated bill of sale, signed by the source of purchase, indicating the quantity by species and the name and address of the source of said fish; and

 

(7)  The bill of sale and all documents showing the results of any inspection or testing of imported fish shall be open for inspection by the executive director or designee at any time.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91 (from Fis 406.07); amd by #5723, eff 12-1-93; amd by #5723, eff 12-1-93; ss by 6177, eff 1-27-96, EXPIRED: 1-27-04

 

New.  #8120, eff 7-16-04; amd by #9249, eff 1-1-09; ss by #10279, eff 2-28-13; ss by #11029, eff 1-26-16; ss by #12768, eff 5-3-19; ss by #13798, eff 11-1-23

 

          Fis 502.08  Reporting.

 

        (a)  All persons licensed to deal in bait in accordance with RSA 214:34 shall file a monthly report on combined brochure form 84 and 84-A “Freshwater Bait Dealers Monthly Report”, Rev. 12/2018, available on line at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/ bait-dealer-report.pdf, with the executive director as follows:

 

(1)  Any licensed bait dealer who takes freshwater smelt from New Hampshire waters for sale as bait shall complete form 84 by the 15th of each month, for the previous calendar month, whether or not the taking of such fish occurred; and

 

(2)  Any licensed bait dealer who imports bait from outside the state in accordance with a permit issued pursuant to Fis 1104.07 shall complete form 84-A by the 15th of each month, for the previous calendar month, whether or not an import occurred.

 

        (b)  All reports shall be maintained, complete to the previous day, and shall be either in the possession of or reasonably accessible to the licensee so that they shall be open for inspection by the director or designee at any time.

 

        (c)  Any licensed bait dealer who notifies the executive director in advance, in writing, that he or she will not be taking freshwater smelt from any in-state location or importing bait fish from outside the state for a period in excess of 60 days shall not be required to report for that period so long as no freshwater smelt are taken and no bait fish are imported.  The notification shall be signed subject to the penalties for making unsworn false statements under RSA 641:3.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91(from Fis 406.08); ss by #5723, eff 12-1-93; ss by #6713, eff 3-11-98, EXPIRED: 3-11-06

 

New.  #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07

 

New.  #8997, eff 9-29-07; amd by #10007, eff 1-1-12; ss by #10425, eff 1-1-14; ss by #12768, eff 5-3-19; ss by #13798, eff 11-1-23

 

        Fis 502.081  Wholesale Bait Sales Records.

 

        (a)  The wholesale bait dealer licensee shall provide a dated bill of sale or record of transaction to the purchaser whenever bait fish are sold to another licensed bait dealer.

 

        (b)  The dated bill of sale or record of transaction shall include:

 

(1)  The species;

 

(2)  The quantity by species;

 

(3)  The wholesale bait dealer’s license number;

 

(4)  The purchaser’s bait dealer’s license number; and

 

(5)  Both the seller’s and purchaser’s signatures or the signatures of their agents, subject to the penalties for making unsworn false statements under RSA 641:3.

 

        (c)  Such records shall be kept January through December 31 and shall be made available to the executive director or designee upon request.

 

Source.  #6713, eff 3-11-98, EXPIRED: 3-11-06

 

New.  #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07

 

New.  #8997, eff 9-29-07; amd by #9773-A, eff 1-1-11; ss by #10425, eff 1-1-14; ss by #13798, eff 11-1-23

 

        Fis 502.09  Suspension of Bait Dealer License or Permit to Import Bait Fish.

 

        (a)  Any person may complain in writing to the executive director of the department if that person has reason to believe that a licensed bait dealer or holder of a permit to import bait fish has failed to comply with any provision of RSA 214:34 and RSA 214:35 or these rules.

 

        (b)  Any action seeking the suspension or revocation of an annual bait dealer license or permit to import bait fish shall be taken in accordance with RSA 541-A:30 and Fis 200.

 

        (c)  The period of suspension for the following offenses shall continue, and no license or permit shall be restored, until all required information has been filed with the department or notice is received from another jurisdiction that the license holder has satisfied all obligations imposed by that jurisdiction:

 

(1)  Failure to file a report required by Fis 502.08 for more than 30 days;

 

(2)  Failure to obtain a permit to import; 

 

(3)  Failure to pay any required fee; or

 

(4)  Recognition of a suspension or revocation action imposed by another jurisdiction.

 

        (d)  The period of suspension for the following offenses shall be 1 year from the date of conviction:

 

(1)  Taking or possessing of bait in excess of statutory limits or daily limits imposed by these rules;

 

(2)  Importing of bait fish into this state without evidence of required testing, whether from hatchery stock or wild sources;

 

(3)  Knowingly, recklessly, or negligently introducing into this state a fish-borne pathogen or invasive species as a result of a failure to follow procedures imposed by these rules; or

 

(4)  Using an improper method(s) to take bait fish for sale, in violation of these rules.

 

Source.  #6177, eff 1-27-96, EXPIRED: 1-27-04

 

New.  #8120, eff 7-16-04; ss by #10279, eff 2-28-13; and by #10936, eff 1-1-16; rpld by #12768, eff 5-3-19

 

New.  #12768, eff 5-3-19; ss by #13798, eff 11-1-23

 

          Fis 502.10  RESERVED

 

Source.  #6177, eff 1-27-96, EXPIRED: 1-27-04

 

New.  #8120, eff 7-16-04; ss by #10279, eff 2-28-13; rpld by #12768, eff 5-3-19

 

PART Fis 503  FISHING TOURNAMENTS

 

Statutory Authority:  RSA 206:10, I and RSA 211:16-b

 

        Fis 503.01  Definitions.

 

        (a)  “Black bass tournament” means a type of fishing tournament where the only eligible species for entry are black bass (Micropterus salmoides and M. dolomieui), and all of these fish caught are released.

 

        (b)  “Club level event” means a black bass tournament involving up to and including 15 boats.

 

        (c)  “Culling” means the act of exchanging a newly caught fish for one of the same species already in possession of the angler.

 

        (d)  “Fishing tournament” means any organized fishing event conducted on the freshwaters of the state in which participants, whether or not pre-registered, compete for any awards or prize, including cash, trophies, citations, ribbons, or points. The term includes angling conducted from the shore, any structure, or any watercraft, whether or not motorized or registered in accordance with RSA 270.

 

        (e)  “Intra-scholastic fishing tournament” means a fishing tournament held by a New Hampshire Interscholastic Athletic Association (NHIAA) affiliated school where all the participants are enrolled in the same school.

 

        (f)  “Kids’ derby” means a fishing tournament where all the participants are under 16 years of age.

 

        (g)  “Pre-registered” means having signed up in advance as a requirement to participate in a fishing tournament.

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97

 

New.  #6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97

 

New.  #6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10007, eff 1-1-12; amd by #10541, eff 4-1-14; ss by #12768, eff 5-3-19; ss by #13798, eff 11-1-23

        Fis 503.02  Permit Required.

 

        (a)  No person shall conduct a fishing tournament without obtaining a fishing tournament permit pursuant to in Fis 1104.05.

 

        (b)  A permit issued for a fishing tournament shall be valid for no longer than 3 consecutive days.

 

        (c)  A person shall be deemed to have a fishing tournament permit by rule for fishing tournaments that meet the following conditions:

 

(1)  The fishing tournament is held entirely on private ponds and no state fish are provided by the department;

 

(2)  The fishing tournament is an intra-scholastic fishing tournament; or

 

(3)  The proposed tournament is to take place entirely within the coastal and estuarine waters as defined in Fis 601.01 and targets only species of fish that spend all or a portion of their existence in the Atlantic Ocean.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97

 

New.  #6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97

 

New.  #6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10279, eff 2-28-13; ss by #10541, eff 4-1-14; ss by #11193, eff 9-30-16; ss by #13798, eff 11-1-23

 

          Fis 503.03  Tagging.  The department shall not tag fish for the purpose of prize determination in a fishing tournament.

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97

 

New.  #6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97

 

New.  #6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10279, eff 2-28-13; ss by #13532, eff 2-1-23; ss by #13798, eff 11-1-23

 

        Fis 503.04  Reporting.

 

        (a)  Any person conducting a fishing tournament, except kids derbies as described in Fis 503.05(k) and black bass tournaments reported as specified in paragraph (b) below, shall submit form “General Tournament/Derby Record Form”, Rev 10/24/22, available on line at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/tourn-general-record-form.pdf.

 

        (b)  Any person conducting a black bass tournament, as specified in Fis 503.06, shall submit form “Bass Tournament Record Form”, Rev 10/20/22, available on line at  https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/tourn-bass-record-form.pdf .

 

        (c)  In addition to the requirements in Fis 503.04(a), fishing tournaments with a lake trout or landlocked salmon category shall report individual lengths and weights of fish entered.

 

        (d)  All record forms shall be completed within 30 days after the end of the fishing tournament.

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97

 

New.  #6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97

 

New.  #6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10279, eff 2-28-13; ss by #10425, eff 1-1-14; ss by #13798, eff 11-1-23

 

 

        Fis 503.05  General Restrictions for Fishing Tournaments.

 

        (a)  No fishing tournaments, except as specified in paragraph (k) below, shall be held on waterbodies stocked for trout by the department.

 

        (b)  No fishing tournaments shall be held on waterbodies stocked for lake trout and salmon by the department, except:

 

(1)  Black bass tournaments permitted under Fis 503.06;

 

(2)  Tournaments that have been conducted with valid permits prior to January 1, 1999, provided the permit is renewed annually; and

 

(3)  Open water tournaments that target rock bass (Ambloplites rupestris) that have been conducted with         valid permits prior to January 1, 2008, provided the permit is renewed annually.

 

        (c)  No fishing tournaments that target black bass shall be held from ice-in to March 31.

 

        (d)  A fishing tournament permit application shall be denied by the executive director if:

 

(1)  It would be biologically detrimental to the fish populations in the water body;

 

(2)  A fisheries research or management program on the waterbody would be affected;

 

(3)  It would cause a conflict with another permitted tournament; or

 

(4)  The sponsoring organization has not submitted a report in accordance with Fis 503.04 for a previously held fishing tournament.

 

        (e)  Fishing tournaments shall be no longer than 3 consecutive days.

 

        (f)  The minimum length for lake trout and salmon in fishing tournaments, permitted under paragraph (b) above, shall be 22 inches for lake trout and 18 inches for salmon.

 

        (g)  Culling shall be prohibited, except as specified in Fis 503.06(a).

 

        (h)  No tournament weigh-ins shall occur at department-controlled access facilities.

 

        (i)  When a permitted fishing tournament uses a department-controlled boat access facility, no more than 50 percent of the facility’s designated parking spaces shall be used by participants in the tournament.

 

        (j)  The department shall provide trout only to kids’ derbies.

 

        (k)  Kids’ derbies shall be subject to the following restrictions:

 

(1)  The department shall provide trout on a 50-50 matching basis, not to exceed 250 state fish for any one derby, and matching state fish shall only be available for stocking between April 1 and June 30;

 

(2)  Fish imported into the state shall be in compliance with Fis 803;

 

(3)  These derbies shall be held on public fishing waters or on private waters that shall remain open to the public for fishing for the remainder of the open season for trout; 

 

(4)  When derbies are held on private waters, the land owner shall provide written assurance of public use to the department;

 

(5)  The derby sponsor shall complete the form “Application to Conduct a Kids Fishing Derby, Rev 07/23, available on line at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/kids-fishing-derby-app.pdf  at least 30 days prior to the date of the derby;

 

(6)  A permit fee shall not be required for kids’ derbies; and

 

(7)  If the derby sponsor charges an entry fee, the department shall not provide matching fish. 

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91, EXPIRED: 1-1-97

 

New.  #6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97

 

New.  #6917, eff 12-22-98; ss by #8119, eff 1-1-05; ss by #10007, eff 1-1-12; ss by #10674, eff 1-1-15; ss by #10855, eff 6-22-15; ss by #12933, eff 11-28-19; ss by #13798, eff 11-1-23

 

        Fis 503.06  Black Bass Tournaments.

 

        (a)  In addition to the general restrictions specified in Fis 503.01 through Fis 503.05, black bass tournaments shall also be subject to the following:

 

(1)  Black bass shall only be held in a functional live well;

 

(2)  No participant shall hold more than the daily limit of black bass;

 

(3)  Culling of black bass shall be permitted only during permitted bass tournaments;

 

(4)  Culled black bass shall be released immediately into the same body of water from which it was caught and in a physical state as to reasonably insure its survival;

 

(5)  Black bass entered for the weigh–in at black bass tournaments shall be released unharmed into the same waterbody where caught, as follows:

 

a.  In lakes and ponds, not less than 300 feet away from shoreline; and

 

b.  In rivers, at mid-channel not less than 300 feet away from the weigh-in site;

 

(6)  Boats designated by the black bass tournament sponsor may hold more than the daily limit of black bass solely for the purpose of releasing black bass after weigh-in;

 

(7)  There shall be no more than one weigh-in per calendar day in a black bass tournament; and

 

(8)  Black bass tournaments held May 15 to June 15 shall be subject to the following:

 

a.  Black bass shall be immediately released at location of capture;

 

b.  Prior to release, black bass may be quickly measured, or weighed, or both;

 

c.  Black bass shall not be held in a live-well or otherwise retained longer than the time required for the fish to be measured and weighed prior to immediate release; and

 

d.  Weigh-ins shall not be allowed during these tournaments.

 

        (b)  Applications for black bass fishing tournament permits by lottery, using the form “Application for Permit to Conduct a Fishing Tournament”, Rev 10/19, available on line at https://www.wildlife.nh.gov/sites/g/files/ehbemt746/files/documents/fishing-tournament-app-4.pdf, shall be processed as follows:

 

(1)  Applications for award of a black bass tournament permit by lottery shall be accepted only between October 1 and December 1 by 4:00 pm for permits requested for the following year;

 

(2)  No person or sponsoring entity shall file more than a total of 15 applications for the lottery, which may include a mix of club level events and non-club level events. Once this filing limit has been reached, any subsequent application received from that applicant shall be deemed ineligible for the lottery and shall not be processed;

 

(3)  No application shall be processed if the person or sponsoring entity has failed to file all of the reports required by Fis 503.04 for previous tournaments. Any such application received shall be denied without processing;

 

(4)  Each application for a black bass tournament permit by lottery received between October 1 and December 1 shall be assigned a computer-generated, random number, which shall be placed into a database and ranked by a computer-generated drawing of those random numbers;

 

(5)  Available dates for each waterbody shall be offered to the lottery applicants in the order determined by the lottery. If payment of the fee as set in Fis 1110.05 is not received within 30 days of the date of the notice of selection, the application(s) shall be denied for non-payment. The available date shall not be thereafter awarded as part of the lottery process, but shall be available for award under paragraph (c) below; and

 

(6) The decision of the executive director as to the results of the random number lottery drawing, the assignment of random numbering to applications, and the award of permits by lottery shall be final and not subject to further review.

 

        (c)  Beginning March 1 of each year, applications for the award of black bass fishing tournament permits for any date and waterbody remaining available after the award of tournament permits by lottery shall be accepted, using the form specified in paragraph (b) above, and processed as follows:

 

(1)  Each application received March 1 or after shall be issued a sequential number in the order the applications are received;

 

(2)  No application shall be processed if the person or sponsoring entity has failed to file all of the reports required by Fis 503.04 for a previous tournament. Any such application received shall be denied without processing;

 

(3)  Each applicant shall be offered an opportunity to pay the fee, as set in Fis 1110.05 for the permit, in the order of the sequential number assignment. If payment is not received within 30 days of the date of the notice, or within 10 days prior to the date of the tournament if the date is less than 30 days from the date of the notice, the permit shall not be awarded; 

 

(4)  Once the period to pay the fee has expired, applications shall be denied for nonpayment, and the permit shall be offered to the next applicant in the order of the sequential number assignment, upon the same condition to pay the fee on a timely basis; and

 

(5) The decision of the executive director as to the assignment of sequential numbering to applications and the award of permits shall be final and not subject to further review.

 

        (d)  Black bass tournaments held on Umbagog Lake, Province Lake, Balch Pond, Horn Pond, Great East Lake, Milton Watershed, Lower Kimball Pond, and Spaulding Pond shall be subject to the following:

 

(1)  Black bass shall be taken only by artificial lures and flies;

 

(2)  From April 1 through May 14, permittees may hold up to 2 black bass in a live well and submitted for the black bass tournament.  July 1 through November 30, permittees may hold up to 5 black bass in a live well and submitted for the black bass tournament;

 

(3)  From May 15 through June 30, all black bass shall be immediately released unharmed at the site of catch; and

 

(4)  No weigh-in black bass tournaments will be permitted on a body of water less than or equal to 500 acres, and there shall be no more than 10 weigh-in tournaments on any water body greater than 500 acres annually, only 4 of which may be open tournaments.  These waters shall include Umbagog Lake, Province Lake, Balch Pond, Horn Pond, Great East Lake, and Milton Watershed.

 

        (e)  The number of boats participating in a permitted black bass tournament shall not exceed the maximum number listed on the fishing tournament permit application.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; amd #5321, eff 1-31-92; ss by #6478, INTERIM, eff 3-28-97, EXPIRED: 7-26-97

 

New.  #6917, eff 12-22-98; amd by #7858, eff 4-1-03; ss by #8119, eff 1-1-05; amd by #9250, eff 8-30-08; amd by #9249, eff 1-1-09; ss by #9773-A, eff 1-1-11; ss by #10854, eff
6-22-15; ss by #10936, eff 1-1-16; amd by #10981, eff
1-1-16, para (d); ss by #12758, eff 5-3-19; ss by #12933, eff 11-28-19; ss by #13798, eff 11-1-23

 

        Fis 503.07  Intra-scholastic Fishing Tournaments.

 

        (a)  Schools holding intra-scholastic fishing tournaments shall provide the New Hampshire fish and game department, fisheries division, with the following information at least 3 days prior to the beginning of their intra-scholastic tournament:

 

(1)  School name;

 

(2)  Contact name;

 

(3)  Contact phone number and email address;

 

(4)  Tournament date;

 

(5)  Water body;

 

(6)  Maximum number of boats;

 

(7)  Species targeted; and

 

(8)  If tournament operates under a format of catch, measure, and immediate release.

 

        (b)  Intra-scholastic fishing tournaments shall be conducted as specified in Fis 503.02(d), Fis 503.05, and Fis 503.06(a), (d) and (e).

 

        (c)  Schools shall report as specified in Fis 503.04.

 

Source.  #10541, eff 4-1-14; ss by #13798, eff 11-1-23

 

PART Fis 504.01  TROPHY FISH PROGRAM

 

          Fis 504.01  Trophy Fish Program.  The species listed in Table 500.1 below, shall be eligible for the trophy fish program if they meet the minimum qualifying weights for fish kept or minimum lengths for fish caught and released:

Table 500.1

 

Species Name

Scientific Name

Weight

Inches

FRESHWATER FISH

 

 

 

 

 

 

 

Atlantic salmon, Lake

Salmo salar

5 lbs.

24"

Black crappie

Pomoxis nigromaculatus

2 lbs.

14"

Bluegill

Lepomis macrochirus

l  lb.

10"

Brook trout

Salvelinus fontinalis

2 lbs.

16"

Brown bullhead

Ameiurus nebulosus

2 lbs.

14"

Brown trout

Salmo trutta

5 lbs.

25"

Carp, Common

Cyprinus carpio

20 lbs.

30”

Chain pickerel

Esox niger

4 lbs.

24"

Channel catfish

Ictalurus punctatus

6 lbs.

24”

Cusk (Burbot)

Lota lota

6 lbs.

28”

Fallfish

Semotilus corporalis

2 lbs.

15”

Lake trout

Salvelinus namaycush

10 lbs.

30"

Lake whitefish

Coregonus clupeaformis

4 lbs.

20"

Largemouth bass

Micropterus salmoides

5 lbs.

20"

Northern pike

Esox lucius

15 lbs.

38"

Pumpkinseed

Lepomis gibbosus

10 oz.

8”

Rainbow trout

Oncorhynchus mykiss

4 lbs.

20"

Rock bass

Ambloplites rupestris

1 lb.

10”

Smallmouth bass

Micropterus dolomieui

4 lbs.

19"

Walleye

Sander vitreus

6 lbs.

26"

White catfish

Ameiurus catus

4 lbs.

18”

White perch

Morone americana

 2.5 lbs.

15”

Yellow perch

Perca flavescens

 1.5 lbs.

14"

 

SALTWATER FISH

 

 

 

 

 

 

 

 

 

Atlantic mackerel

Scomber scombrus

3 lbs.

17"

 

Bluefish

Pomatomus saltatrix

15 lbs.

34"

 

Cod

Gadus morhua

40 lbs.

44"

 

Haddock

Melanogrammus aeglefinus

10 lbs.

30"

 

Pollock

Pollachius virens

30 lbs.

40"

 

Striped bass

Morone saxatilis

40 lbs.

45”

 

Winter flounder

Pseudopleuronectes americanus

2 lbs.

17"

 

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; ss by #5613, eff 4-16-93, EXPIRED: 4-16-99

 

New.  #7383, eff 10-25-00; ss by #8997, eff 9-29-07; ss by #10936, eff 1-1-16; ss by #12768, eff 5-3-19

 

Fis 504.02  State Record Fish Program.

 

(a)  Any species of fish shall be eligible for the state record fish program.

 

(b)  Fish shall have been hooked and landed or hooked, boated and landed in the state of New Hampshire.

 

(c)  Fish shall be taken by angling in compliance with fish and game rules and shall be hooked and landed by the entrant.

 

(d)  Fish to be entered into the state record program shall be presented to a conservation officer or a fisheries biologist for examination.

 

(e)  Current records shall be made available by the department.

 

(f)  The angler shall provide the following information on an application form:

 

(1)  The following angler information:

 

a.  Name;

 

b.  Age;

 

c.  Sex;

 

d.  Complete address; and

 

e.  Telephone number;

 

(2)  The following fish information:

 

a.  Species of fish;

 

b.  Total length in inches

 

c.  Weight in pounds; and

 

d.  Girth in inches.

 

(3)  The date when fish was caught;

 

(4)  The method of taking and technical information on fishing equipment;

 

(5)  The signature and address of a witness to verify the fish described above was hooked and landed or hooked, boated and landed in the state of New Hampshire;

 

(6)  The signatures and addresses of 2 witnesses of the weighing and measuring of the fish described above and verifying the weight and measurements given;

 

(7)  The signature of a notary public, justice of the peace, town clerk, postmaster, state or local law enforcement officer or fish and game employee and their title and telephone number; and

 

(8)  The anglers signature, subject to the penalties for making unsworn false statements under RSA 641:3.

 

(g)  Department personnel shall question witnesses listed on the application if necessary to verify application information.

 

(h)  Department personnel shall examine scales if necessary to verify scale certification and accuracy.

 

(i)  Any incomplete application shall be returned to the applicant.

 

(j)  Entrants shall hold a current New Hampshire fishing license, resident or nonresident, except when a license is not required as specified in RSA 214:2.

 

(k)  Where no current records exist, the entered species shall, upon meeting the requirements specified in Fis 504.02 (a) through (d) and (f), be declared a state record fish.

 

(l)  Weight scales shall be certified by the New Hampshire department of agriculture, markets and foods.

 

Source. (See Revision Notes at chapter headings for Fis 400 and Fis 500) #5016, eff 1-1-91; EXPIRED: 1-1-97

 

New.  #6432, eff 1-21-97; ss by #7383, eff 10-25-00; ss by #8997, eff 9-29-07; ss by #10936, eff 1-1-16

Appendix

 

Rule

Specific State or Federal Statutes or Regulations which the Rule Implements

Fis 501.01, 501.02

RSA 206:10, I

Fis 502.01

RSA 206:10, I; RSA 211:9

Fis 502.02

RSA 206:10, I; RSA 214:34-a; RSA 214:35

Fis 502.03

RSA 206:10, I; RSA 214:35

Fis 502.04

RSA 206:10, I; RSA 214:34-c

Fis 502.05

RSA 206:10, I; RSA 214:34-a; RSA 214:35

Fis 502.06

RSA 206:10, I; RSA 214:35

Fis 502.07

RSA 206:10, I; RSA 214:35

Fis 502.08

RSA 206:10, I; RSA 214:35

Fis 502.081

RSA 206:10, I; RSA 214:35

Fis 502.09

RSA 206:10, I; RSA 207:14, IV; RSA 214:35

Fis 502.10

RSA 206:10; 207:14; 214:35

Fis 503.01

RSA 206:10, I

Fis 503.02

RSA 206:10, I; RSA 211:16-b

Fis 503.03

RSA 206:10, I; RSA 211:16-b

Fis 503.04

RSA 206:10, I; RSA 211:16-b

Fis 503.05

RSA 206:10, I; RSA 211:16-b

Fis 503.06

RSA 206:10, I; RSA 211:16-b

Fis 503.07

RSA 206:10, I; RSA 211:16-b

 

 

Fis 504.01, Fis 504.02

RSA 206:10, I