CHAPTER Fis 900  RULES FOR LANDS AND WATERS UNDER DEPARTMENT CONTROL

 

PART Fis 901  AREAS AFFECTED

 

          Fis 901.01  Department Controlled Lands.

 

          (a)  The following wildlife management areas and other department controlled lands listed in Table

900.01 shall be subject to Fis 900:

 

Table 900.01 Department Controlled Lands

 

Management Area

Town(s)

 

 

Adams Point WMA

Durham

Ammonoosuc Shorebank Access Land

Bethlehem

Androscoggin River WMA

Shelburne

Barden WMA

Richmond

Beaver Brook WMA

New Durham, Alton

Bellamy River WMA East

Dover

Bellamy River WMA West 

Dover

Black Brook Station WMA

Sanbornton

Bofinger Conservation Area Land

Dummer

Brentwood State Game Farm WMA

Brentwood

Brown WMA

Pittsburg

Carpenters Marsh WMA

Hancock

Cascade Marsh WMA

Sutton

Cemetery Hill WMA

Sunapee

Chadwick Meadows Marsh WMA

Sutton

Chase Island WMA

Cornish

Church Hill WMA

Ashland

Clarada WMA

Ellsworth

Cocheco River WMA

Dover

Coldrain Pond WMA

New Durham

Connecticut Lakes Natural Area

Pittsburg, Clarksville,

Connecticut River Shorebank Access Land

Chesterfield, Colebrook, Lebanon,

Walpole

Conner Farm WMA

Exeter

Contoocook River No. Branch Shorebank Access Land

Antrim

Contoocook River  Shorebank Access Land

Henniker, Hillsboro

Corey WMA

Deerfield

Cornish WMA

Cornish

Currier WMA

Kingston, East Kingston

Danbury Bog WMA

Danbury

Deer Hill WMA

Brentwood

Doles Marsh WMA

Deerfield

Dumpling Brook WMA

Merrimack

Ellis Hatch, Jr. WMA

Middleton, Brookfield, New Durham

Evas Marsh WMA

Hancock

Farrar Marsh WMA

Hillsboro

Forest Peters WMA

Northwood

Fort Hill WMA

Stratford

Gallop Marsh WMA

Unity, Lempster

Garland Pond WMA

Ossipee

Glen Lake & Greggs Falls Pisc. River WMA

Goffstown

Goodrich Marsh WMA

Epping

Goonan Road Shorebank Access Land

Manchester

Gordon WMA

Sunapee

Gray WMA

Pittsburg

Great Bay Discovery Center land

Greenland, Stratham

Great Bay NERR WMA

Dover, Durham, Exeter, Greenland,

Madbury, Newfields, Newmarket,

Newington, Stratham

Great Bay WMA

Greenland

Great Bog WMA

Portsmouth

Great Island WMA

Walpole

Greenough Pond WMA

Wentworths Location and Errol

Hackett Hill WMA

Tamworth

Hampton Harbor WMA

Hampton

Hedgehog Brook WMA

Columbia

Henry Laramie WMA

Enfield, Grantham

Herbert L Webster WMA

Canaan

Hirst, Brockway Marsh WMA

Boscawen

Hoit Road Marsh WMA

Concord, Loudon

Horne Brook WMA

Berlin, Success

Hosmer WMA

Antrim

Hubbard WMA

Walpole

Kearsarge WMA

Andover

Kimball WMA

Webster

Kinson WMA

Marlow

Knights Meadow Marsh WMA

Webster

Kona WMA

Moultonboro

Lamontagne WMA

Deerfield

Lamprey River Shorebank Access Land

Newmarket

Lebanon WMA

Lebanon

Leonard WMA

Webster

Little Cohas Marsh WMA

Londonderry

Long Mountain WMA

Odell

Lower Shaker WMA

Enfield

Marks WMA

Alton

Mascoma River WMA

Canaan

McDaniels Marsh WMA

Springfield, Grafton

Merrimack River Shorebank Access Land

Concord, Litchfield

Merrymeeting Marsh WMA

Alton, New Durham

Milford Fish Hatchery Lands

Milford

Morrill Pond WMA

Canterbury

Mount Kelsey WMA

Millsfield, Ervings Location

Muchyedo Banks WMA

Canterbury

Muise Mountain WMA

Odell

New Hampton Fish Hatchery Lands

New Hampton

Owl Brook Hunter Education Center Lands

Holderness

Palazzi Island WMA

Campton

Pemigewasset River WMA

Campton, Thornton

Perkins Pond WMA

Weare

Peterson WMA

Dublin

Piscassic River WMA

Epping, Exeter, Newfields

Piscataquog WMA

Lyndeborough, Mont Vernon

Pleasant Lake Land

Deerfield

Powder Mill Fish Hatchery Lands

New Durham

Powder Mill Pond WMA

Greenfield

Powwow Pond Land

Kingston

Powwow River WMA

Kingston

Reeds WMA

Orford

Robert Durant Natural Area

Jefferson

Ryan WMA

Dublin

Saco River Shorebank Access Land

Bartlett

Saltmarsh WMA

Hampton, Seabrook, Hampton Falls

Sargent WMA

Newton

Sewall’s Falls Multi-Use Recreation Area Land

Concord

Soucook River Shorebank Access

Concord

Souhegan River WMA

Greenville

Spaulding WMA

Charlestown

Stonehouse Pond WMA

Barrington

Thornton WMA

Thornton

Turtletown Pond WMA

Concord

Twin Mountain Fish Hatchery Lands

Carroll

Union Meadows WMA

Whitefield

Upper Ammonoosuc Rover WMA

Stark

Warren Fish Hatchery Lands

Warren

Webster Lake WMA

Franklin

Wendall Marsh WMA

Sunapee

White Pond Shorebank Access Land

Wilmot

Wilcox Point WMA

Durham

Wilder WMA

Lyme

Winnicut River Shorebank Access Land

Greenland

Woodman Marsh WMA

Northwood

 

Source.  #1670, eff l1-20-80;; ss by #2079, eff 7-5-82-; amd by #2185, eff 11-28-82;  ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

 

New.  #6765, eff 6-15-98; ss by #8505, eff 12-7-05; amd by #8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

PART Fis 902  USE OF DEPARTMENT CONTROLLED LANDS

 

          Fis 902.01  Definitions.

 

          (a)  “Off highway recreational vehicle” means “off highway recreational vehicle” as defined in RSA 215-A:1 VI.

 

          (b)  “Snowmobile” means “snowmobile” as defined in RSA 215-C:1, XV.

 

          (c)  “Vehicle” means any automobile, truck or motorcycle.

 

Source.  #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

 

New.  #6765, eff 6-15-98; ss by #8505, eff 12-7-05; amd by #8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 902.02  Standards Applicable to All Areas.

 

          (a)  Subject to the specific restrictions set forth in Fis 903.01 to Fis 903.07, public use of all lands listed in Table 900.01shall be subject to the following general standards and restrictions:

 

(1) The lands and waters shall be open to the public year round for the purpose of hunting, trapping, fishing, birding, and wildlife observation;

 

(2)  The taking of wildlife shall be permitted on all such lands during the open seasons in accordance with the statutes and rules under Title 18 except as provided in Fis 903;

 

(3)  Watercraft may be left overnight on lands listed in Table 900.1, provided that:

 

a.  The watercraft shall be present only between April 1 and November 15; and

 

b.  The watercraft shall be permanently identified by a current NH boat registration number or the owner's name and address affixed to the craft;

 

(4)  All watercraft present on such lands after November 15 shall be subject to removal and disposal pursuant to RSA 471-C:14.  In the event the value of the craft exceeds $250.00, the matter shall be referred to the office of the attorney general seeking assistance to obtain appropriate legal relief against the apparent owner of the craft;

 

(5)  No watercraft may be left overnight in any area that is a public boat access area as defined in RSA 233-A:1, IV, and controlled under Fis 1600;

 

(6)  Decoys for the purpose of waterfowl hunting shall not be left unattended and shall be deployed so that the user maintains contact with unaided eyesight;

 

(7)  No person shall consume or possess any open container of liquor or alcoholic beverage as defined by RSA 175:1 while hunting on WMAs;

 

(8)  No person shall construct a permanent structure on such lands, including but not limited to a permanent tree stand, observation or hunting blind, rope swings, or diving platforms;

 

(9)  Portable or temporary tree stands or observation or hunting blinds shall be erected only between August 1 and January 31 on such lands;

 

(10)  All tree stands or observation or hunting blinds left after January 31 on such lands shall be subject to removal and disposal without further notice by the fish and game department;

 

(11)  Except in accordance with Fis 904, no person shall discharge a firearm on such lands except while lawfully engaged in hunting or trapping activities;

 

(12)  Paint ball and airsoft activities shall not be allowed on such lands;

 

(13)  The use of OHRVs and snowmobiles shall be prohibited on such lands, except:

 

a.  On frozen state-owned public waters as defined in RSA 271:20; and

 

b.  On trails approved by the executive director and the department of resources and economic development pursuant to RSA 215-A: 42; 

 

(14)  Unless otherwise posted, the maximum speed limit on land shall be 45 miles per hour for a snowmobile and 35 miles per hour for an OHRV;

 

(15)  Except when specifically permitted by the executive director or his designee, no person shall attach, affix or mount any commercial or private numerals, notice or advertisement of any description to a department kiosk, gate, tree, or any other part of such lands; and

 

(16)  No person shall block or obstruct the pedestrian or vehicular ingress or egress access to any such land, other than:

 

a.  A law enforcement officer; or

 

b.  Department personnel, or their agents or contractors, while acting in performance of their duties of management, construction, or repair of such lands or public waters, or any improvements to such properties.

 

          (b)  In the absence of a special use permit obtained in accordance with Fis 902.03, no person shall:

 

(1)  Stay on a department property overnight;

 

(2)  Conduct an organized activity on the property involving 15 or more persons;  

 

(3)  Remove any naturally occurring material or vegetation from the site; 

 

(4)  Alter the existing condition of the site by adding or altering any structure or changing the flow of stormwater drainage; or

 

(5)  Conduct or cause to be conducted any investigation, including the use of metal detection equipment, that could discover, yield, or alter a known or previously unrecorded historic resource, even if in receipt of a permit for such investigation issued in accordance with RSA 227-C:7.

 

Source.  #1670, eff l1-20-80;; ss by #2079, eff 7-5-82-; ss by #2433, eff 7-21-83; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED:1-2-97

 

New.  #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 902.03  Special Use Permits.

 

          (a)  Unless expressly allowed under Fis 902.02, no use of department-controlled land shall begin prior to issuance of a special use permit by the executive director or his designee.

 

          (b)  A special use permit shall be required for the following on all lands under department control, including public boat access areas under RSA 233-A:1,  IV:

 

(1)  Recreational activities including but not limited to:

 

a.  Construction or maintenance of trails for any purpose, including OHRV and snowmobile trails;

 

b.  Field trials as specified in Fis 814;

 

c.  Camping;

 

d.  Campfires;

 

e.  Organized horseback riding events; and

 

f.  Organized OHRV and snowmobile events on or over frozen waterbodies that require ingress and egress over department-controlled land;

 

(2)  Non- recreational activities including but not limited to:

 

a.  Removal or disturbance of natural resources including archeological digs, mineral digs, or prospecting;

 

b.  Agricultural activities;

 

c.  Activities that involve or have potential for erosion or impacts on water quality;

 

d.  Altering or removing vegetation, including the removal of dead and down material; 

 

e.  Wildlife scientific study if such study involves collection of individuals pursuant to a state or federal permit, regardless of the number of persons involved; and

 

f.  Installation, use, maintenance, or storage of equipment on the site for any period longer than one day;

 

(3)  Any activity involving 15 or more people acting as a group;

 

(4)  Commercial activities consistent with the purpose or management of the property except for guiding associated with hunting, trapping and fishing; and

 

(5)  Operation of an OHRV to enable individuals with documented permanent mobility disabilities to access hunting, fishing, or trapping opportunities, subject to the following conditions:

 

a.  Permits shall be strictly limited as to dates and locations of use;

 

b.  The locations where the OHRV may be used shall be limited pursuant to Fis 902.03 (f) to protect animals or plants at the site from damage, or to prevent harm to water quality from erosion or other impacts; and

 

c.  Proof of vehicular insurance shall be required.

          (c)  Persons seeking a special use permit shall submit a request in writing to the executive director including the following information:

 

(1)  The name of the affected WMA, public boat access area, or other department-controlled land and its location;

 

(2)  A description of the proposed activity, with dates, time of day and duration of use;

 

(3)  A detailed map(s) of the property, and local area showing the location of the proposed activity, which may be obtained from:

 

a.  A WMA map located at the department website, www.wildlife.nh.us. ;

 

b.  A map created from the New Hampshire GRANIT Data Mapper located at the University of New Hampshire website, www.granit.unh.edu;

 

c.  A map from the United States Geological Survey showing the area in question; or

 

d.  A map prepared by a professional engineer, or licensed land surveyor;

 

(4)  A description of the equipment needed for the proposed activity and the extent of its intended use;

 

(5)  A plan or description for any road or trail work necessary for the proposed activity, including:

 

a.  Proposed changes to water courses or drainage, such as culverts and stream crossings;

 

b.  Whether any soils or stone will be either cut from the site or added to the site;

 

c.  Whether any structures or signage are proposed to be erected and left at the site, to include trail signs, bridging, seating, or storage areas; and

 

d.  Whether there will be removal of trees or vegetation, other than minor trimming that will not result in the destruction of the tree or other plant;

 

(6)  An estimate of the number of people participating if the request is for an event, or seasonal use levels for a trail; and

 

(7)  The person’s name, address, phone, fax, e-mail and the name and address of any organization that the person represents regarding the request.

 

          (d)  The executive director, or his or her designee, shall review the request for completeness.  If further information is needed to permit an evaluation of the request it shall be requested in writing within 14 days of receipt of the request.

 

          (e)  A special use permit request shall not be further evaluated until sufficient information has been received to enable a finding that the request is complete.

 

          (f)  The executive director shall, within 30 days of determining that the request is complete, grant a special use permit request, unless he or she finds that the proposed activity poses a risk of adverse impacts to:

 

(1)  Federal or state listed endangered or threatened species as listed in Fis 1000 or species listed in the natural heritage bureau inventory database as determined by using the procedure found in Res 1105;

 

(2)  Species of conservation concern or their habitats as identified by the department;

 

(3)  Any fish, wildlife or their habitat at the location based upon input from department staff or reviews from state or federal agencies with jurisdiction over the location or use;

 

(4)  Floodplains, wetlands, shorelands, or public waters of the United States;

 

(5)  Known historic resources, as determined under RSA 227-C:1;

 

(6)  Areas with unique geologic characteristics;

 

(7)  Any of the above characteristics based upon cumulative environmental risks or degradation;

 

(8)  Roads, trails, infrastructure or facilities; and

 

(9)  Public health or safety, based upon concerns over traffic, vehicular parking, or the ability of the property to safely accommodate the estimated number of users at the specific location.

 

          (g)  Specific limitations and conditions shall be placed upon a special use permit if required to:

 

(1)  Protect identified fish, wildlife and habitat resources or environmental features;

 

(2)  Protect infrastructure or facilities present at the site from damage or overuse;

 

(3)  Protect the public health and safety of users and neighboring property owners prior to, during, and after the proposed activity; and

 

(4)  Insure that the permitted activity will not interfere with, or be contrary to the purpose for which the land was acquired, developed or managed.

 

          (h)  Upon request, the executive director shall approve a request to alter the date of a permitted event if:

 

(1)  Intervening weather events including, but not limited to, a lack of snow, cause the condition of the property to be inappropriate for the approved use; and

 

(2)  The property has not been permitted for a conflicting use on the requested date.

 

Source.  #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 902.04  Dogs.

 

          (a)  Dog training, in accordance with RSA 207:12-a, shall be prohibited from March 15 through July 15.

 

          (b)  Dogs shall be under the control of their owners or custodians by leash, electronic collar or voice control at all times, except from March 15 through July 15 when all dogs shall be on a leash.

 

          (c)  Dogs shall not be allowed in actively managed agricultural fields during the growing season.

 

          (d)  Call back pens shall be used only during daylight hours.  All pens shall be labeled with the owner's name and address.

 

Source.  #10262, eff 1-29-13 (from Fis 902.02); ss by #12118, eff 2-24-17

 

PART Fis 903  RULES APPLICABLE TO PARTICULAR WILDLIFE MANAGEMENT AREAS

 

          Fis 903.01  Adams Point WMA.

 

          (a)  Adams Point in Durham shall be subject to the following provisions:

 

(1)  No parking shall be permitted on the entrance road; and

 

(2)  The speed limit within the area shall be 20 mph.

 

Source.  #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; amd by #4334, eff 10-1-88; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

 

New.  #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 903.02  Webster WMA.

 

          (a)  Webster WMA in Canaan shall be subject to the following deed restrictions:

 

(1)  Hunting shall only be permitted with bow and arrow, muzzle loader, or shotgun; and

 

(2)  Shooting within 300 yards of U.S. Highway Route 4 shall not be permitted.

 

Source.  #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

 

New.  #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 903.03  Chadwick Meadows Marsh WMA.

 

          (a)  Chadwick Meadows Marsh in Sutton shall be subject to the following deed restrictions:

 

(1)  Deer may be taken by bow and arrow only in accordance with the provisions of Fis 301.03; and

 

(2)  All other hunting shall be limited to the use of a shot gun with shot not larger than number 4, or bow and arrow.

 

Source.  #1670, eff l1-20-80; ss by #2079, eff 7-5-82-; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

 

New.  #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 903.04  Ellis Hatch, Jr. WMA.

 

          (a)  All outboard motors shall be prohibited on Jones Pond in Ellis Hatch, Jr. WMA in Middleton-Brookfield-New Durham.

 

          (b)  No boats shall be left overnight.

Source.  #2185, eff 11-28-82; ss by #2839, eff 8-31-84; ss by #4934, eff 9-19-90; ss by #6332, INTERIM, eff 9-4-96, EXPIRED: 1-2-97

 

New.  #6765, eff 6-15-98; ss by #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 903.05  Wilcox Point WMA.  Wilcox Point WMA shall be closed to the public from December 1 through April 1.

 

Source.  #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 903.06  Piscassic River WMA.

 

          (a)  The Piscassic River WMA in Exeter, Newfields shall, in addition to the requirements of Fis 902.01, be subject to the following deed restrictions:

 

(1)  Horseback riding shall be prohibited; and

 

(2)  Bicycle riding shall be prohibited.

 

Source.  #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 903.07  Connecticut Lakes Natural Area (CLNA).

 

          (a)  The following public uses of the CLNA, in Pittsburg and Clarksville, shall be prohibited:

 

(1)  Residential, industrial or commercial activities, except for guiding associated with hunting, trapping, fishing, nature tours and associated activities. 

 

(2)  Placing or constructing structures, buildings or improvements, except as authorized  pursuant to RSA 212:10-a;

 

(3)  Grazing of domestic animals or the use of animals to transport people, equipment or supplies;

 

(4)  Planting or intentional introduction of non-native, genetically modified, transgenic or

replicated plants and other organisms;

 

(5)  Stocking or introducing fish of any species into the waters of the CLNA, except for the stocking of brook trout (Salvelinus fontinalis) by the department in East Inlet, Scott’s Bog, Wright Pond, and the Perry Ponds;

 

(6)  Use of fertilizers, pesticides or biocides;

 

(7)  Dumping or storage of ash, trash, man-made materials, hazardous substances, or toxic waste;

 

(8)  Dredging, filling, roadwork, or changes in topography;

 

(9)  The use of any type of mechanized or motor driven vehicle, except that snowmobiles may be used on designated roads and trails, and wheeled vehicles, other than all OHRVS, may be used on the roads designated as open to wheeled vehicles;

 

(10)  Camping; and

 

(11)  Hunting of wildlife by baiting.

 

Source.  #8795, eff 1-11-07; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

PART Fis 904  OWL BROOK HUNTER EDUCATION CENTER

 

          Fis 904.01  Owl Brook Hunter Education Center.

 

          (a)  There shall be no hunting in the portion of Owl Brook Hunter Education Center’s training area which includes:

 

(1)  The administration, classroom building;

 

(2)  The practice archery range, small-bore, muzzleloader range, and shotgun range;

 

(3)  The trapper and hunter education demonstration areas;

 

(4)  The trapper and hunter education interpretive trails;

 

(5)  The orienteering course; and

 

(6)  The 14-target woodland archery course.

 

          (b)  The remainder of the Owl Brook Hunter Education Center property not listed in (a) above, including the 270-acre section near Mount Prospect, shall be open to the taking of fish and wildlife during the open seasons in accordance with the statutes and rules under Title 18.

 

          (c)  Camping by groups, in association with organized activity of the department, utilizing the facility shall be permitted by special use permit in accordance with Fis 902.01(c) and be subject to the following:

 

(1)  The group shall provide, at its own expense, the necessary toilet facilities at the campsite to accommodate the anticipated number of attendees; and

 

(2)  The group shall provide, at its own expense, for the removal of all refuse created during the scheduled event to include requiring campers to carry in- carry out refuse or provide a dumpster.

 

          (d)  Campfires shall be subject to the following:

 

(1)  Campfires shall be contained in a pit at least 12 inches deep in an area of gravel at least 4 feet in diameter;

 

(2)  Water shall be maintained at each fire site in sufficient amount to extinguish the fire;

 

(3)  No fire shall be left unattended; and

 

(4)  After all fires are extinguished, the material removed in order to make the fire pit shall be replaced.

 

          (e)  No pets shall be in those areas described in (a) above, except those that are there in conjunction with an activity going on.

 

          (f)  Bicycles, horses unauthorized motor vehicles, OHRVs and snowmobiles shall be prohibited from using the internal road system and the areas listed in (a) above unless permitted by a special use permit in accordance with Fis 902.03.

 

          (g)  Department activities conducted at any of these sites shall have priority over other use of the area.

 

          (h)  All activities utilizing the classroom, office building, small-bore range and shotgun range shall be approved by and scheduled with the center’s facility manager before they may be conducted.

 

          (i)  No person shall remove, destroy or damage any tree, shrub, vine or terrestrial plant or any part thereof on the property.

 

          (j)  No person shall remove or deface any natural or man-made material or structures on the property.

 

          (k)  No person shall use or possess alcoholic beverages while on the property.

 

Source.  #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 904.02  Firearms Shooting Ranges.

 

          (a)  The small bore, muzzleloader and shotgun ranges shall be for the sole use of sanctioned and supervised shooting activities conducted by the department’s hunter education program or other department activities.

 

          (b)  Only factory loaded ammunition shall be used on the small-bore and shotgun range;

 

          (c)  Only nontoxic ammunition shall be used on the shotgun range.

 

          (d)  Shotgun ammunition shall be restricted to pellets no larger in size than number 6.

 

          (e)  Only biodegradable targets shall be used on the shotgun range.

 

          (f)  No center-fire rifles shall be used on the small-bore range.

 

          (g) Only firearms chambered for rimfire ammunition, center-fire handguns, muzzleloaders and shotguns firing a single projectile shall be permitted.

 

          (h)  Fully jacketed, armor piercing, steel core and tracer ammunition shall be prohibited from use on the small-bore range.

 

          (i)  Only paper targets or other targets specified by fish and game personnel shall be used on the small-bore range.

 

Source.  #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 904.03  Practice Archery Range.

 

          (a)  The practice archery range shall be open from ˝ hour before sunrise to ˝ hour after sunset.

 

          (b)  The vehicle parking area shall be open for use by the public during normal center operating hours, except when reserved for scheduled activities.

 

          (c)  Individuals wishing to use the range when the center is closed may park at the main gate and walk in.

          (d)  Broadheads shall be used only on targets designated for their use.

 

Source.  #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

          Fis 904.04  Woodland Archery Course.

 

          (a)  The woodland archery course and its parking area shall be open daily from ˝ hour before sunrise to ˝ hour after sunset.

 

          (b)  No person shall use broadhead tipped arrows or bolts on the woodland archery course.

 

          (c)  Pets, bicycles, horses, and motorized vehicles shall be prohibited on the woodland archery course.

 

Source.  #8505, eff 12-7-05; ss by #10262, eff 1-29-13; ss by #12118, eff 2-24-17

 

PART Fis 905  MEMORIAL POLICY ON LANDS AND WATERS UNDER DEPARTMENT CONTROL

 

          Fis 905.01  Memorial Policy Definitions.

 

          (a)  "Memorial" means any statue, monument, sculpture, bench, tablet, memorial, plaque, or other structure or landscape feature, including a tree, garden or memorial grove, designed to perpetuate in a permanent manner the memory of a person, whether deceased or not, group, or event.  The term “memorial” also includes the naming of structures or other features, including features within the interior of buildings.

 

          (b)  “Commemorate” means the process of remembrance, or showing respect for someone or something by means of a ceremony, or by doing or building something in remembrance of a person or an event.

 

Source.  #12118, eff 2-24-17

 

          Fis 905.02  Memorials.

 

          (a)  The installation of memorials or other commemorative items on land owned or controlled by the department, including public boat access areas shall be prohibited unless:

 

(1)  The form, location, and materials used are approved in advance by the executive director; and

 

(2)  The receipt of the commemorative items are approved by the governor and executive council when  required by RSA 4, or the fish and game commission when required by RSA 206:33-a. 

 

          (b)  The donation of memorials or other commemorative items shall be submitted for approval to the fish and game commission per RSA 206:33-a, I if the value of the item(s) is no more than $2,500.00. 

 

          (c)  The donation of memorials or other commemorative items shall be submitted for approval to the governor and executive council per RSA 4:8, I if the value of the item(s) exceeds $2,500.00. 

 

          (d)  A special use permit is shall be required for the scattering of human or animal ashes from cremation on land owned or controlled by the department, provided that no bones, teeth, or any other identifiable human remains may be so deposited.

 

          (e)  A special use permit shall be required for any ceremony connected to the installation of a memorial that involves 15 or more persons, or that involves alteration of a department facility or alteration of the landscape of department property.

 

          (f)  Memorials installed on department lands without the required authorizations shall be removed by the executive director or his designee, and disposed of pursuant to RSA 471-C:14. In the event the value of the memorial exceeds $250.00, the matter shall be referred to the office of the attorney general seeking assistance to obtain appropriate legal relief against the apparent owner of the memorial.

 

Source.  #12118, eff 2-24-17

 

          Fis 905.03  Authorization for Memorials.

 

          (a)  No memorial shall be authorized in honor of a person unless at least 2 years have elapsed since the death of the person to be commemorated.

 

          (b)  The executive director shall authorize a memorial when:

 

(1)  There is a compelling justification for the recognition; and

 

(2)  The proposed memorial is consistent with the department’s mission of conserving, managing and protecting fish, wildlife, and marine resources and habitats, informing and educating the public about these resources, and providing the public with opportunities to use and appreciate these resources.

 

          (c)  A person seeking to install a memorial on property owned or controlled by the department shall submit a request in writing to the executive director, providing the following information:

 

(1)  The name of the person making the request, together with address and contact information;

 

(2)  A description of the proposed memorial, including size, material, and inscription;

 

(3)  A plan showing the memorial’s proposed location; and

 

(4)  Justification for the memorial, including:

 

a.  How the memorial is consistent with the department’s mission;

 

b.  The association between the land area or facility and the person, group, or event to be commemorated; and

 

c.  How the memorial enhances the public’s appreciation of the land, facility or natural resources.

 

          (f) The executive director shall apply the following factors in making the determination whether to authorize the installation of a memorial:

 

(1)  The association of state-wide importance between the land area or facility and the person, group or event to be commemorated;

 

(2)  Whether the location and design of the memorial avoids significant disturbance of natural features of the site;

 

(3)  Whether the memorial will be constructed of materials suitable for, and consistent with the local environment;

 

(4)  Whether the memorial will interfere with open space and existing public use; and

 

(5)  Whether the memorial design is aesthetically appropriate to the site.

 

          (g)  The person requesting the memorial shall be responsible for the cost of procuring and installing the memorial.

 

Source.  #12118, eff 2-24-17

 

APPENDIX

 

Rule

Specific State Statute the Rule Implements

 

 

Fis 901–905

RSA 212:19