CHAPTER Fis 1300 GUIDES
Statutory
Authority: RSA Chapter 215
REVISION
NOTE:
Document #12761, effective 5-1-19,
effectively readopted with amendments Chapter Fis 1300. Document #12761 made extensive changes to
the wording, format, structure, and numbering of the former rules in Chapter
Fis 1300. Specifically,
Document #12761 adopted new rules Fis 1301.01 titled “Definitions”, Fis 1301.04
titled “License Renewal”, Fis 1302.02 titled “Ethical Responsibilities of
Guides”, and Fis 1303.02 titled “Incident Reports”. Document #12761 also readopted, readopted
with amendments, or repealed existing rules in Chapter Fis 1300, and
extensively renumbered the remaining existing rules within the chapter. Document #12761 replaces all prior filings
for rules in Chapter Fis 1300.
The prior filings for rules in
Chapter Fis 1300 include the following documents:
#1670, effective 11-20-80
#2079,
effective 7-5-82
#2560, effective 12-27-83
#2839, effective 8-31-84, EXPIRED 8-31-90
#4931, effective 9-13-90, EXPIRED 9-13-96
#6340, effective 9-26-96
#8153,
INTERIM, effective 9-18-04
#8295,
effective 3-1-05
#9844-A,
effective 1-1-11
#9844-B,
effective 1-1-11
#10350,
effective 5-29-13
#11114,
effective 6-3-16
Although most of the existing rules in
the former Chapter Fis 1300 had last been filed under Document #9844-A,
effective 1-1-11, these rules did not expire on 1-1-19 since they were extended
pursuant to RSA 541-A:14-a until replaced by the rules in Document #12761,
effective 5-1-19.
PART Fis 1301 LICENSING
Fis 1301.01 Definitions.
(a)
“Commercial boat” means “commercial boat” as defined in RSA 270:2, IV.
(b)
“Fishing” means “angling” as defined in RSA 207:1, I-a.
(c)
“For hire” means providing or offering to provide services to the public
at large for which compensation of any sort is demanded or received, whether
directly or indirectly.
(d)
“Guide” means a person who offers or provides services for hire to one
or more other persons to engage in hunting or fishing on the lands or waters of
the state.
(e)
“Guiding” means providing services for hire whereby a guide directs,
instructs, or aids another in hunting or fishing on the lands or waters of the
state. The term includes the “business of guiding”.
(f)
“Hunting” means take or taking of wildlife as defined in RSA 207:1,
XXVII.
Source. (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
Fis 1301.02 Types of Guide Licenses, Prerequisites.
(a)
Pursuant to RSA 215:2, the department shall issue licenses to engage in
the business of guiding as follows:
(1) Resident over 65 hunting guide;
(2) Resident over 65 fishing guide;
(3) Resident hunting guide;
(4) Resident fishing guide;
(5) Nonresident hunting guide; and
(6) Nonresident fishing guide.
(b)
No applicant shall be approved to sit for a practical skills examination
for a hunting guide license or a fishing guide license unless:
(1) The person is at least 18 years of age or
older as required in RSA 215:5;
(2) The person has successfully completed and is
certified in, at minimum, a basic first aid course and a basic cardiopulmonary
resuscitation course which requires individuals to perform the practical skills
in the course in order to be certified;
(3) The person has a personal record free of any
conviction for a felony at any time in any jurisdiction against the person or
property of another, in accordance with RSA 159:3; and
(4) The person has a personal record free of
convictions in any jurisdiction for:
a. A
fishing, hunting, or trapping violation in the 2 years preceding the date of
application; or
b. A misdemeanor in the 5 years preceding the
date of application.
(c)
No applicant for a hunting guide license shall be approved to sit for a
practical skills examination unless the person has successfully completed a
hunter safety course in this state, or any other state or province, which
requires individuals to perform the skills of safe firearm and archery
equipment handling and familiarization at a field session in the presence of
live instructors.
(d)
An applicant who is licensed as a guide in another state shall not be
exempted from any of the application or examination procedures required by this
rule for licensure as a hunting guide or fishing guide in this state.
(e)
All fishing guide licenses and hunting guide
licenses shall expire on December 31 of the year of issue, subject to renewal
as provided in Fis 1301.04 below.
Source. (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
Fis 1301.03 Application and Examination Procedures.
(a)
Applicants seeking any type of guide license shall submit to fish and
game headquarters, 11 Hazen Drive, Concord, N.H. 03301, a completed “Guides
License Application” including the following:
(1) The applicant’s:
a. Name, including a maiden
name if applicable;
b. Mailing address;
c. Legal residence address;
d. Telephone number;
e. Date of birth;
f. Alias;
g. Gender;
h. Height;
i. Weight;
j. Hair color;
k. Eye color; and
l. Current New Hampshire
hunting or fishing license number.
(2) The business name, address,
email address, and telephone number, if applicable;
(3) An indication if the
applicant has previously been licensed as a guide and if so, in what state, for
how many years, and what was the last year the applicant was licensed as a guide;
(4) An indication if the
applicant will be using boats and canoes while guiding;
(5) A statement explaining how
much experience the applicant has with handling boats, motors, and canoes and
familiarity with map and compass;
(6) Documentation that the
applicant has taken and successfully completed a hunter safety course if
applying for a hunting guide license;
(7) Documentation that the
applicant is currently certified in, at minimum, a basic first aid course and
cardiopulmonary resuscitation course which requires individuals to perform the
practical skills in the course in order to be certified;
(8) An indication if the
applicant has been convicted of any violation or crime within the last 7 years,
the nature of any convictions and in what state; and
(9) An acknowledgement that prior
to approval of the application:
a. The applicant will be
subject to a criminal records background check;
b. Further information may be
required to explain the answers provided to any of the items noted above; and
c. An examination will be
conducted at fish and game headquarters for any applicant who does not
currently possess a New Hampshire hunting guide license or fishing guide license;
(10) A signed and notarized department of safety
“Criminal History Record Information Release Authorization Form” DSSP 256,
effective 7/15/16, to allow the department to perform a criminal background
check of the applicant in accordance with (9) above;
(11) The signature of the applicant subject to the penalties for making
unsworn false statements under RSA 641:3, certifying to the following:
a. The applicant understands
and will comply with all pertinent New Hampshire statutes and rules relative to
guides and guiding;
b. If applying for a resident
guide license of any type, the applicant is a resident of the State of New
Hampshire as defined in RSA 207:1, XXIII, or if a resident over 65 guide license, the applicant is also 65 years of age or older and
has been a licensed hunting or fishing guide in New Hampshire for five or more
years;
c. The applicant’s privileges
to fish, hunt, trap, guide, take or land lobsters, or engage in commercial
fishing activities are not under suspension or revocation in any state or
province; and
d. The applicant is aware that
conviction of certain felonies in any state or province prohibits the
possession of a firearm or other dangerous weapon; and
(12) A 4 inch by 9 ˝ inch
self-addressed, stamped envelope.
(b)
The fee for the fishing guide license or hunting guide license pursuant
to RSA 215:5, II shall be:
(1) Resident over 65 hunting guide,
$5.00;
(2) Resident over 65 fishing guide,
$5.00;
(3) Resident hunting guide, $100.00;
(4) Resident fishing guide, $100.00;
(5) Nonresident hunting guide, $100.00; and
(6) Nonresident fishing guide, $100.00.
(c)
Pursuant to RSA 541-A:29, within 30 days of the receipt of the guide
license application, it shall be examined for errors or omissions, and the
applicant shall be notified by ordinary mail of such errors or omissions, and
the name, address, official title, and telephone number of a department
employee who may be contacted regarding the application.
(d)
Within 60 days of the receipt of a guide license application, any
applicant who:
(1) Meets all the requirements set forth in Fis
1301.03(a) and has not been denied licensure pursuant to Fis 1304(d)(7) shall
be approved to sit for the practical skills examination; or
(2) Fails to meet the requirements set forth in
Fis 1301.03 shall be denied a license, and have the application and fee
returned without further action, subject to the right of the applicant to seek
an appeal of the decision under Fis 1305.
(e)
Each applicant for an initial hunting guide license or fishing guide
license shall take and successfully pass both a written and oral examination
administered at the fish and game department at a date and time scheduled by
the department, under the following conditions:
(1) The written examination shall require a
passing grade of 75%. Any applicant successful in passing the written
examination shall attend an oral examination within the following twelve
months, failing which the application shall be denied;
(2) The oral examination shall be graded as a
pass or fail, and shall test an individual’s practical skills, knowledge, and
abilities in hunting for a hunting guide license applicant or fishing for a
fishing guide license applicant;
(3) The oral examination shall be conducted by at
least 2 and no more than 3 examiners, of which 2 members shall be active or
retired conservation officers from the fish and game law enforcement division,
and one currently licensed hunting or fishing guide chosen by the executive
director or designee;
(4) Any applicant unsuccessful in passing the
written exam shall be allowed to retest, at the next available date scheduled
by the department, but in no event sooner than 60 days from the date of
original examination;
(5) The application of any person failing a
second written or oral examination shall be denied in writing, subject to the right of the applicant to
seek an appeal of the decision under Fis 1305; and
(6) No person who has failed a second written or
oral examination shall be approved to sit for a practical skills examination
for a period of one year from the date of the second failed examination.
Source (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
Fis 1301.04 License Renewal.
(a)
Any holder of an existing hunting guide license or fishing guide license
may apply for renewal of the license by submitting to fish and game
headquarters, 11 Hazen Drive, Concord, N.H. 03301 a completed “Guides License Application” including the
following:
(1) The type of license sought to be renewed;
(2) Any updates, corrections, or authorizations
as required in Fis 1301.03 (a);
(3) A new signed and notarized department of
safety “Criminal History Record Information Release Authorization Form” DSSP
256, effective 7/15/16 form;
(4) Documentation that the applicant is currently
certified in, at minimum, a basic first aid course and cardiopulmonary
resuscitation course which requires individuals to perform the practical skills
in the course in order to be certified;
(5) The applicant’s signature, under penalty for
making unsworn false statements pursuant to RSA 641:3, and containing the
certifications set forth in Fis 1303.02 (a)(11); and
(6) The required fee for the license(s) sought to
be renewed.
(b)
The license shall be renewed unless:
(1) The required fee has not been submitted;
(2) The applicant’s residence
as provided on the renewal form would not permit renewal of the type of license
currently held;
(3) The applicant’s existing
license has been revoked;
(4) The criminal background
check discloses a conviction that would disqualify the applicant from grant of
the requested license; or
(5) The applicant is not
currently certified in first aid or cardiopulmonary resuscitation as required.
(c) If the applicant does not hold a current and
unexpired guide license, but was the holder of a guide
license at any time in the preceding 7 calendar years, a new license shall be
granted without the need for the applicant to pass the written and oral
practical skills examination, provided that the applicant meets all other
requirements in Fis 1301.03(a).
Source (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
PART
Fis 1302 RESPONSIBILITIES OF GUIDES
Fis 1302.01 Guide Responsibilities.
(a) Guides and the boats they operate while
guiding shall meet all the requirements of RSA 270-E: 3, RSA 270-E:18 and RSA
270-E:22 relative to registration and licensing of commercial boats and their operators.
(b) All licensed guides shall be responsible for
determining that the person or persons they are guiding hold(s) and is carrying
on his or her person a valid license and any other special licenses or permits
which may be required to take the wildlife sought during the engagement. This rule shall not prevent the person being
guided from being charged with a violation of fish and game laws or rules, or prevent such person from being held responsible
for the violation.
(c) Each licensed guide shall hold and carry on
his or her person a valid guide license and any other special licenses or
permits which may be required to take the wildlife sought during the
engagement, except that a guide may direct, aid, assist, or instruct a moose
permittee and subpermittee in accordance with Fis 301.07(f).
Source (See Revision
Note at chapter heading for Fis 1300) #12761, eff 5-1-19
Fis 1302.02 Ethical Responsibilities of Guides.
(a) A guide shall fully cooperate with all law
enforcement officers, private landowners, and other wildlife officials.
(b) A guide shall abide by and advise all clients
of all applicable conservation and game state and federal laws, statutes, regulations and rules, and shall not condone violation of
the same.
(c) A guide shall accurately advise all clients
of the weather conditions, terrain, and fish and game populations that are
likely to be encountered, and the equipment needs, physical endurance, and
outdoor skills that may be necessary or required to achieve the goals of the
engagement.
(d) A guide shall at all times
take all steps reasonably required to provide for the safety of clients,
employees, other persons known to be in the area of the engagement.
Source (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
PART
Fis 1303 RECORD KEEPING
Fis 1303.01 Record Keeping.
(a)
Each licensed guide shall keep written records for all guiding trips
completed.
(b)
The records shall include the following for each trip:
(1) The date(s) on which guiding occurred;
(2) For each person guided on the trip:
a. The client's address;
b. The client’s hunting or fishing license
number; and
c. The client's phone number;
(3) The towns in which guiding occurred; and
(4) The species of game or fish sought.
(c)
Records shall be updated within 10 days of the conclusion of the guided
trip.
(d)
Such records shall be kept for a minimum of 5 years,
and shall be made immediately available to the executive director or his
agent upon request.
Source (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
Fis 1303.02 Incident Reports. A licensed guide shall file with the law
enforcement division, within 10 days of the conclusion of a guided trip, a
written report detailing any of the following events occurring during the trip:
(a)
Personal injury to any person being guided, other than minor injuries
completely treated and resolved by first aid procedures;
(b)
Personal injury caused by the guide or any
person being guided to another human being, other than minor injuries
completely treated and resolved by first aid procedures;
(c)
Property damage caused by any person being guided if the value of the
damage is over $2,000.00; and
(d)
Any violations of fish and game laws or regulations, or any other law
that resulted in a summons issued by any law enforcement officer to the guide,
or any member of the party being guided.
Source (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
PART
Fis 1304 REGISTER
Fis 1304.01 Register Available. The current register of licensed guides
required by RSA 215:2-a, and maintained at headquarters in Concord, shall be
available to any individual upon request.
Source (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
PART
Fis 1305 GUIDE LICENSES, COMPLAINT, AND
REVOCATION
Fis 1305.01 Revocation.
(a)
Any person may complain in writing to the executive director of the
department if that person has reason to believe that a licensed guide has
failed to comply with any provision of RSA 215, or these rules.
(b)
No annual guide license issued pursuant to these rules shall be revoked
unless the executive director finds, by a preponderance of the evidence, that
the guide has violated the provisions of RSA 215:3 in an adjudicative
proceeding conducted pursuant to RSA 541-A: 30 and Fis 200.
(c)
Any person whose guide’s license has been revoked pursuant to (b) above
shall not be eligible to renew the license in accordance with Fis 1301.04, but shall instead be required to reapply and to
meet all requirements of Fis 1301,
including the written and oral practical skills examination, before being
issued a new guide’s license.
Source (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
PART
Fis 1306 GUIDE PATCH
Fis 1306.01 Guide Patch.
(a)
Every licensed guide, while engaged in the business of guiding, shall
wear in a conspicuous place on his or her clothing a patch to be furnished by
the executive director upon the issuance of the license. Such patch shall not
be worn by any individual who is not a licensed guide.
(b)
If a licensed guide ceases to hold a guide’s license, whether due to
license revocation or voluntary license expiration, he or she shall not wear
the patch issued by the executive director.
Source (See Revision Note at chapter heading for Fis
1300) #12761, eff 5-1-19
CHAPTER Fis 1400 NON-GAME
PART
Fis 1401 AMPHIBIANS AND REPTILES
Fis 1401.01 General Provisions for Amphibians and
Reptiles.
(a)
Importation, possession, release and sale of live amphibians and
reptiles shall be in accordance with Fis 803, Fis 804, Fis 805, and Fis 811.
(b)
The taking of amphibians and reptiles shall be only by hand capture,
including the use of hand held nets.
(c)
The taking of amphibians and reptiles shall be as specified in Fis
1401.02 and Fis 1401.03.
(d)
Amphibians and reptiles native to New
Hampshire, including parts thereof, specified in Fis 1401.02 and Fis 1401.03
shall not be exported from the state.
(e)
Scientific permits granted for the taking of amphibians and reptiles, as
specified in paragraphs (a) through (d) above, shall be in accordance with RSA
214:29 and Fis 1106.01.
Source #1670, eff l1-20-80; ss by #2079, eff 7-5-82;
ss by #2839, eff 8-31-84, EXPIRED 8-31-90
New. #6191, eff 2-22-96, EXPIRED: 2-22-04
New. #8673, INTERIM, eff 7-6-06, EXPIRED: 1-2-07
New. #8893, eff 6-5-07, ss by #10142, eff 6-5-12,
EXPIRED: 6-5-22
New. #13409, eff 7-26-22
Fis 1401.02 Amphibians.
(a)
No person shall take or possess a marbled salamander (Ambystoma opacum),
Fowler’s toad (Anaxyrus fowleri), or Northern leopard frog (Lithobates pipiens)
or any egg or part thereof.
(b) The daily bag limits
for the taking of amphibians listed below in Table 1400.1 shall be 5 amphibians
of each species:
Table
1400.1 Amphibians
American
toad |
Anaxyrus
americanus |
Gray
treefrog |
Hyla versicolor |
Spring
peeper |
Pseudacris crucifer |
American
bullfrog |
Lithobates catesbeiana |
Green
frog |
Lithobates clamitans |
Pickerel
frog |
Lithobates palustris |
Mink
frog |
Lithobates septentrionalis |
Wood
frog |
Lithobates sylvatica |
Spotted
salamander |
Ambystoma
maculatum |
Northern
two-lined salamander |
Eurycea bislineata |
Northern
dusky salamander |
Desmognathus fuscus |
Eastern
red-backed salamander |
Plethodon cinereus |
Red-spotted
newt |
Notophthalmus viridescens |
Source #10142, eff 6-5-12, EXPIRED: 6-5-22
New. #13409, eff 7-26-22
Fis 1401.03 Reptiles.
(a) No person shall take or
possess a spotted turtle (Clemmys guttata), Blanding's turtle (Emydoidea
blandingii), wood turtle (Glyptemys insculpta), Eastern box turtle (Terrapene
carolina carolina), black racer (Coluber constrictor), timber rattlesnake (Crotalus horridus), Eastern hognose
snake (Heterodon platirhinos),
or any egg or part thereof.
(b) The taking of reptiles,
cited below in Table 1400.2, shall be taken only as specified in this section:
Table
1400.2 Reptiles
Musk
turtle |
Sternotherus odoratus |
Painted
turtle |
Chrysemys picta |
Snapping
turtle |
Chelydra
serpentina |
Ring-necked
snake |
Diadophis
punctatus |
Eastern milksnake |
Lampropeltis triangulum triangulum |
Northern watersnake |
Nerodia sipedon |
Brown
snake |
Storeria dekayi |
Red-bellied
snake |
Storeria occipitomaculata |
Garter
snake |
Thamnophis sirtalis |
(c) The daily bag limit for
the taking of reptiles specified in Table 1400.2 shall be 2 reptiles of each
species.
(d) No person shall take
any species of indigenous turtle from May 15 to July 15.
(e) The taking of snapping
turtles (Chelydra serpentina) shall only be allowed of snapping turtles
less than 6 inches or 12 to 15 inches in length as measured from the front to
rear along the top of the carapace.
Source #10142, eff 6-5-12 (from Fis 1401.01),
EXPIRED: 6-5-22
New. #13409, eff 7-26-22
PART
Fis 1402 RELEASE OF INFORMATION
Fis 1402.01 Release of Information. The fish and game department shall, at its
discretion, withhold from any person information about the location and
population of a non-game species if it determines that disclosures of such
information would threaten the survival of that or another non-game species in
any way.
Source #13409, eff 7-26-22
Appendix
Rule |
|
|
|
Fis 1300 |
RSA 215:2 |
|
|
Fis 1401.01 |
RSA 206:10, I;
RSA 212-B:4; RSA 214:29 |
Fis 1401.02 |
RSA 206:10, I;
RSA 212-B:4 |
Fis 1401.03 |
RSA 206:10, I;
RSA 212-B:4 |
Fis 1402.01 |
RSA 206:10, I;
RSA 212-B:4 |