CHAPTER Fis 800 THE IMPORTATION, POSSESSION AND USE OF ALL WILDLIFE

Statutory Authority: RSA 207:14, RSA 211:62-e, RSA 211:64 and RSA 212:25

REVISION NOTE:

Document #6889, effective 11-21-98, made various changes by moving and renumbering various subsections and restructuring of Chapter Fis 800.

Document #5507 effective 11-20-92, made extensive changes to the wording, format, and structure of Chapter Fis 800. Document #5507 replaces all prior filings for the sections in this chapter. The prior filings for former Fis 800 include the following documents:

#745, eff 1-25-76; #1670, eff 11-20-80; #2079, eff 7-5-82; #2839, eff 8-31-84; EXPIRED 8-31-90; #4934, eff 9-19-90; #5414, Interim, eff 6-19-92; EXPIRED 10-17-92

PART Fis 801 CHAPTER DEFINITIONS

Fis 801.01 "Aquaculturist" means any person who is engaged in aquaculture as defined in RSA 211:62-e.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889; eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.02 "Aquatic species" means "aquatic species" as defined in RSA 211:62-e.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889; eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.03 "Closed system" means a type of water system where the water is re-circulated, and no water is discharged into the environment and the wildlife or marine species held in the system cannot escape.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889; eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.04 "Controlled" means that the wildlife species or activity such as the collection, importation, transportation, possession, sale, transfer or release of that wildlife is restricted.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.05 "Department" means the fish and game department.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.06 "Endangered species" means "endangered species" as defined in RSA 212-A:2, IV.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.07 "Exhibitor" means any person engaged in the showing, displaying or training of wildlife for the purpose of public viewing of the wildlife whether or not a fee is collected, and who possesses, if applicable, a current United States Department of Agriculture exhibitor's permit and/or US Fish and Wildlife Service permit to exhibit.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.08 "Exotic species" means wildlife that are non-indigenous species.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.09 "Extirpated indigenous species" means wildlife species that were known to be indigenous to the state but are presently not found within the state.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.10 "Fishing preserve" means a privately owned or leased body of water which provides an opportunity, upon the payment of a fee, for taking fish in a fee fishing operation where fish have been placed on the property for such purposes, whether operated commercially or non-profit.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.11 "Import" means bringing or causing wildlife to be transported into the state by any means.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.12 "Indigenous" means wildlife species that are naturally occurring or naturalized in New Hampshire.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.13 "Individual person" means a one natural person.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.14 "Marine species" means "marine species" as defined in RSA 207:1, XV.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.15 "Naturalized species" means an exotic or an introduced species of wildlife that has become established in New Hampshire.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.16 "Non-controlled" means that the wildlife species or activity such as the collection, importation, transportation, possession, exhibition or the sale, transfer or release of that wildlife is not subject to regulation by the department.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.17 "Person" means "person" as defined in RSA 207:1, XX.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.18 "Possess" means "possession" as defined in RSA 207:1, XXI, and includes the keeping, holding or restricting of wildlife.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.19 "Prohibited" means that the wildlife species or activity such as the collection, importation, transportation, possession, sale, transfer or release of that wildlife is not allowed.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.20 "Propagate" means the raising, possessing or reproduction of wildlife for the purposes of sale or other pecuniary gain.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.21 "Propagator" means a person engaged in the activity of propagating wildlife.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.22 “Regulated shooting area” means a hunting preserve as described in RSA 212:25, and an operation on privately owned or leased property which provides an opportunity for taking wildlife that have been placed on the property for such purposes, whether operated commercially or non-profit.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.23 "Take or taking" means "take or taking" as defined in RSA 207:1, XXVII.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.24 "Threatened species" means "threatened species" as defined in RSA 212-A:2, V.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.25 “Venomous reptile” means a reptile normally found in a venomous state in the wild and is normally capable of inflicting serious or fatal injuries to humans. “Venomous reptile” includes those reptiles in which the venom glands have been surgically removed.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 801.26 "Wildlife" means "wildlife" as defined in RSA 207:1, XXXV.

Source. #8893, eff 6-5-07 (from Fis 801.25), EXPIRED:
6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 802 GENERAL CHAPTER REQUIREMENTS

Fis 802.01 Permittee Categories.

(a) For purposes of this chapter the permittee categories shall be as follows:

(1) An individual person shall be permittee category 1;

(2) A propagator shall be permittee category 2;

(3) An individual training and shooting permittee shall be category 3.

(4) The person operating a regulated shooting area shall be permittee category 4;

(5) An exhibitor shall be permittee category 5; and

(6) An aquaculturist shall be permittee category 6;

(7) A field trial permittee shall be permittee category 7.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; amd by #9790-A, eff 1-1-11; paras. (a)(2)-(6) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff
6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 802.02 Applicants. Applicants for permits under Fis 800 shall make application subject to the penalties for making unsworn falsification under RSA 641:3.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 802.03 Exemptions.

(a) The executive director and his employees shall be excluded from the requirements of this chapter while acting in the performance of their official duties.

(b) The aquaculture and sale of live fish or aquatic invertebrates for fishing bait shall be in accordance with Fis 807.

(c) The capture, possession, and propagation of birds for falconry in accordance with RSA 209-A and Fis 813 shall be exempt from Fis 803, Fis 804 and Fis 806 dealing with importation, possession, and propagation of wildlife.

(d) Rehabilitators may possess indigenous species of wildlife for the purpose of rehabilitating under Fis 812.

(e) Persons possessing wildlife legally taken and possessed under other licenses under RSA Title XVIII shall not be required to obtain a permit to possess wildlife under this chapter.

(f) The provisions of this chapter shall not apply to an owner or person possessing a wolf hybrid as defined in RSA 466-A, or a domesticated show or pet cat registered with a nationally or internationally recognized breeding association or registry which certifies the pedigree and registration of such cat to be without any wild felid parentage for a minimum of three generations.

(g) Persons taking or possessing wildlife pursuant to a scientific permit issued under RSA 214:29 shall be exempt from the provisions of this chapter.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #12768, eff 5-3-19

Fis 802.04 Expiration. All annual permits shall expire on December 31 of the year of issuance and the permittee shall be responsible for requesting renewal.

Source. #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #11029, eff 1-26-16 (from Fis 802.05)

Fis 802.05 Waiver.

(a) Any person seeking to import or possess species not specifically listed as non-controlled, controlled, or prohibited for purposes of importation or possession, as detailed below, shall submit a waiver application, in addition to the applicable permit application, to the executive director no less than 90 days prior to the importation date or the date the individual plans to take possession of the animal.

(b) No waiver or permit shall be issued if there is any significant disease, genetic, ecological, environmental, health, safety or welfare risks to the public or other wildlife species. In order to make such a determination for any prohibited species the executive director shall consider information about the species including, but not limited to the following:

(1) Life cycle;

(2) Life history;

(3) Reproduction habits;

(4) Habitat requirements;

(5) Interaction with indigenous species for food/habitat;

(6) The ability of the species to survive in New Hampshire’s environment;

(7) Geographic distribution in the wild;

(8) Source of wildlife;

(9) Physical description, such as fur, color, body length;

(10) Shelter needs;

(11) Diet;

(12) Value;

(13) Related species; and

(14) History of diseases, pathogens and parasites in that or related species.

(c) No waivers under this section shall be issued to individuals in permittee categories 1, 2, 3, 4, 6, or 7.

Source. #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07 (from Fis 802.06), EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, , EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 803 IMPORTATION OF WILDLIFE

REVISION NOTE:

Document #10868, effective 6-25-15, adopted, readopted, or readopted with amendments as an interim rule all of the rules in Chapter Fis 800 on importation, possession, and use of all wildlife. The rules being adopted, or the amendments in rules being readopted with amendments, were provisions which had expired on June 5, 2015. The rules in Fis 800 as filed in Document #10868 therefore remained unchanged from those in effect prior to June 5, 2015.

Document #10868 readopted Fis 803.10 through Fis 803.14 and renumbered them as Fis 803.09 through Fis 803.13. The former Fis 803.09 on importation of salmonids had previously been repealed by Document #10279, effective 2-28-13, and its number had been reserved. See the Revision Note at chapter heading for Fis 800 for filings affecting Fis 800 before Document #5507. The filings for Fis 803.09 on importation of salmonids from Document #5507 to Document # 10279 include the following documents

#5507, effective 11-20-92

#6889, effective 11-21-98

#8120, effective 7-16-04

#8893, effective 6-5-07

#10279, effective 2-28-13

The source notes for rules Fis 803.09 through Fis 803.13 renumbered by Document #10868 indicate the former rule number. The document numbers and effective dates apply to the rule under that former rule number.

Fis 803.01 Part Definitions.

(a) "Salmonids" means all species and hybrids of the family Salmonidae, a list of which is available in the American Fisheries Society, Special Publication No. 34, "A List of Common and Scientific Names of Fishes from the United States, Canada and Mexico", Seventh Edition 2013.

(b) "Warmwater species of fish" for purposes of this part means those species of fish of the following families:

(1) Centrarchidae;

(2) Esocidae;

(3) Percidae;

(4) Ictaluridae;

(5) Moronidae

(c) "Zone 1" means the area that includes the continental United States and Canada excluding the states or provinces listed in zone 2.

(d) "Zone 2" means the area that includes the states of Washington, Oregon, California, Idaho, Alaska, British Columbia or any European country.

Source. (See Revision Note at chapter heading for Fis 800) rpld by #5507, eff 11-20-92; ss by #6889, eff 11-21-98; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; amd by #10541, eff 4-1-14; paras. (b)-(d) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff
6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 803.02 Compliance Requirements.

(a) All wildlife imported into the state shall be in compliance with any requirements of the New Hampshire department of agriculture, US Department of Agriculture and the US Fish and Wildlife Service.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05; EXPIRED: 11-21-06 (except para. (b)(5)c.); ss by #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 803.03  Non-controlled Species - Importation. 

          (a)  A permit to import wildlife shall not be required for any person to import wildlife designated as non-controlled as specified in Fis 803.03(b). 

          (b)  For purposes of this part, the following species or groups of wildlife shall be designated as non-controlled: 

(1)  Ornamental aquarium fish, both fresh and marine, that shall be kept in a closed system; 

(2)  Non-indigenous amphibians; 

(3)  Western Hognose Snake;

(4) Non-venomous reptiles, except the following: 

a. Indigenous reptile species listed in Table 800.1; 

b. Alligator (Alligatoridae, spp.); and

c. Crocodile (Crocodylidae, spp.); 

(5)  Non-living indigenous amphibians and reptiles, listed in Table 800.1 for category 1; 

(6)  The following birds: 

a.  Cockatiel  (Nymphieus hollandicus); 

b.  Canaries (Serinus spp); 

c.  Parrots (Psittaciformes); 

d.  Parakeets (Budgerigar); 

e.  Mynah Birds (Acridotheres spp); 

f.  Finches (Estrildidae); 

g.  Pekin robins (Leiothrix lutea); 

h.  Weavers (Placeidae); 

i.  Toucans (Ramphastiske); 

j.  Button quail (Turnicidae); 

k.  P igeons and doves (Columbiformes), exotic; 

l.  Feral pigeons (Columba domestica and C. livia); 

m.  Emu (Dromaius novaehollandire); 

n.  Ostrich (Struthio camelus); 

o.  Rhea (Rheidae); 

p.  Exotic migratory, except mute swans; 

q.  Mallard  (Anas platyrhynchos); and

r.  Gallinaceous Birds, except: 

1.  Grouse, Ruffed (Bonasa umbellus); and

2.  Grouse, Spruce (Dendragapus canadensis); 

(7)  The following mammals: 

a. Bison (Bison bison; B.bonasus); 

b. Wild Boar (Sus scrofa); 

c. Camel (Camelus spp);

d.  Chinchillas, domesticated (Chinchilla spp); 

e.  Degus (Octodon degus); 

f.  Deer, Fallow (Dama dama); 

g.  Gerbils, domesticated (Cavia spp); 

h.  Guanco (Lama quanicoe); 

i. Guinea pigs, domesticated (Cavia spp); 

j.  Hamsters, domesticated (Cricetus cricetus); 

k.  Mice, domesticated (Mus musculus); 

l.  Rats, domesticated (Rattus norvegicus and Rattus rattus); 

m. Ferrets, domesticated (Mustela putoricus furo); 

n.  Llamas (Lama glama); 

o.  Alpacas (Lama pacos); 

p.  Pot belly pigs, domesticated; 

q.  Rabbits, domesticated; 

r.  African pigmy hedgehog; 

s.  Sugar glider (Petaurus breviceps); 

t.  Tenrec (Tenrec ecaudatus); 

u.  Yak (Bos grunniens); 

v.  Zebra (Equus burchelli, E. grevyi, E. zebra); and 

w.  Asian water buffalo (Babalus bubalis); and 

(8)  All marine species originating in the western portion of the North Atlantic Ocean and connected saltwater bays and estuaries, except anadromous and catadromous species.  

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07 (from Fis 803.02); amd by #10541, eff 4-1-14; EXPIRED: 6-5-15 (except para. (b)(5)d.); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #13513, eff 1-1-23

Fis 803.04  Prohibited Species - Importation. 

(a)  No person shall import wildlife that has been designated as prohibited pursuant to Fis 803.04(b) or Fis 803.05(b). 

(b)  For the purposes of this part, the following species or groups of wildlife shall be designated as prohibited: 

(1)  The following invertebrates: 

a.  Zebra mussels (Dreissena polymorpha, D. bugensis); 

b.  Spiny waterflea (Bythotrephes cederstroemi); 

c.  Fishhook waterflea (Cercopagis pengoi); 

d.  All non-indigenous crayfish; and 

e.  Asiatic clam (Corbicula fluminea); 

(2)  The following fish: 

a.  Walking catfish (Clarias batrachus); 

b.  White amur/grass carp (Ctenopharyngodon idella); 

c.  Black carp (Mylopharyngodaon piceus); 

d.  European rudd (Scardinius erythophthalmus);  

e.  Round goby (Neogobius melanostomus);

f.  Tubenose goby (Proterhinus marmoratus); 

g.  Ruffe (Gymnocephalus cernuus); 

h.  Snakeheads (Family: Channidae); 

i. Bighead carp (Hypophthalmichthys nobilis); and 

j. Silver carp (Hypophthalmichthys molitrix); and

(3)  The following mammals and their hybrids: 

a.  Caribou/Reindeer (Rangifer tarandus);

b. Deer, white-tailed (Odocoileus virginianus);  

c. Deer, Red (Cervus elaphus);

d.  Deer, Sika (Cervus nippon);

e. Elk (Cervus elaphus canadensis);

f..  Moose (Alces alces); and

g.  Raccoon dog (Nyctercutes procyonides).

Source. #5721, eff 10-14-93 (renumbered by #6889, formerly Fis 803.041), EXPIRED: 10-14-99

New. #8893, eff 6-5-07 (from Fis 803.03); amd by #10541, eff 4-1-14; paras. (a) and (b)(1)-(3) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #13513, eff 1-1-23

Fis 803.05 Permits to Import Wildlife.

(a) No live wildlife or their hybrids, designated as controlled, or the eggs or progeny thereof, shall be imported into the state for any purposes without a permit to import wildlife or except as otherwise permitted under RSA 207:1-a, RSA 214:34-d, RSA 209-A:3, IV, and Fis 810.07(d).

(b) All species not specifically designated and listed under the categories of non-controlled, prohibited, or controlled shall be designated as prohibited.

(c) The executive director shall review each application to import wildlife and shall make a determination as to whether such importation shall be permitted. No permit shall be issued if there is any significant disease, genetic, ecological, environmental, health, safety, or welfare risks to the public or other wildlife species.

(d) An application for a permit to import wildlife for any species designated as controlled shall be submitted to the department no less than 30 days in advance of the requested importation date.

(e) Applicants for a permit to import wildlife who already hold a permit to possess, propagate, exhibit or other special permit shall provide such permit number on the application to import as evidence that the applicant holds the necessary permits to possess and/or release wildlife.

(f) A permit to import wildlife shall expire December 31 of the year issued.

(g) Wildlife determined by the United States Fish and Wildlife Service to be endangered or threatened and those treated as endangered or threatened because they are sufficiently similar in appearance to endangered or threatened species shall be prohibited from importation into New Hampshire without first obtaining the appropriate federal permit pursuant to 50 CFR 17.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; amd by #5721, eff 10-14-93; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 803.06 Controlled Species - Importation.

(a) A permit to import wildlife shall be required for all species, including hybrids, designated as controlled as cited in Table 800.01.

(b) A permit shall be issued only to a person in the permittee category(ies), as defined in Fis 802.01, and cited in Table 800.1 below:

Table 800.1 Controlled Species Table

	PERMITTEE CATEGORY	SPECIES	SCIENTIFIC NAME
Amphibians	1,5	American toad	Anaxyrus americanus
	5	Fowler’s toad	Anaxyrus fowleri
	1,5	Gray treefrog	Hyla versicolor
	1,5	Spring peeper	Pseudacris crucifer
	1,5	American bullfrog	Lithobates catesbeiana
	1,5	Green frog	Lithobates clamitans
	1,5	Pickerel frog	Lithobates palustris
	5	Northern leopard frog	Lithobates pipiens
	1,5	Mink frog	Lithobates septentrionalis
	1,5	Wood frog	Lithobates sylvatica
	5	Jefferson salamander	Ambystoma jeffersonianum
	5	Blue-spotted salamander	Ambystoma laterale
	5	Jefferson X blue-spotted salamander hybrids	Ambystoma jeffersonianum X laterale
	1,5	Spotted salamander	Ambystoma maculatum
	5	Marbled salamander	Ambystoma opacum
	1,5	Northern two-lined salamander	Eurycea bislineata
	1,5	Northern dusky salamander	Desmognathus fuscus
	5	Spring salamander	Gyrinophilus porphyriticus
	5	Four-toed salamander	Hemidactylium scutatum
	1,5	Eastern red-backed salamander	Plethodon cinereus
	5	Northern slimy salamander	Plethodon glutinosus
	5	Common Mudpuppy	Necturus maculosus
	1,5	Red-spotted newt	Notophthalmus viridescens
Reptiles
	5	Alligator	Alligatoridae, spp
	5	Crocodile	Crocodylidae, spp
	5	All venomous reptiles
	5	Blanding's turtles	Emydoidea blandingii
	5	Eastern box turtles	Terrapene carolina carolina
	5	Spotted turtles	Clemmys guttata
	5	Wood turtles	Glyptemys insculpta
	1,5	Musk turtle	Sternotherus odoratus
	1,5	Painted turtle	Chrysemys picta
	1,5	Snapping turtle	Chelydra serpentina
	5	Black racer	Coluber constrictor
	1,5	Ring-necked snake	Diadophis punctatus
	5	Eastern hognose snake	Heterodon platirhinos
	1,5	Eastern milksnake	Lampropeltis triangulum triangulum
	1,5	Northern watersnake	Nerodia sipedon
	5	Smooth greensnake	Opheodrys vernalis
	1,5	Brown snake	Storeria dekayi
	1,5	Red-bellied snake	Storeria occipitomaculata
	5	Ribbon snake	Thamnophis sauritus
	1,5	Garter snake	Thamnophis sirtalis
Fish
	1, 6	Tilapia
	1, 6	Hybrid striped bass
	1, 6	Alewife	Alosa pseudoharengus
	1, 6	American brook lamprey	Lethenteron appendix
	1, 6	American Eel	Anguilla rostrata
	1, 6	American Shad	Alosa sapidissima
	1, 6	Atlantic Salmon	Salmo salar
	1, 6	Banded Killifish	Fundulus diaphanus
	1, 6	Banded Sunfish	Enneacanthus obesus
	1, 6	Black Crappie	Pomoxis nigromaculatus
	1, 6	Blacknose Dace	Rhinichthys atratulus
	1, 6	Blacknose Shiner	Notropis heterolepis
	1, 6	Blueback Herring	Alosa aestivalis
	1, 6	Bluegill	Lepomis macrochirus
	1, 6	Bridle Shiner	Notropis bifrenatus
	1, 6	Brook Trout	Salvelinus fontinalis
	1, 6	Brown Bullhead	Ameiurus nebulosus
	1, 6	Brown Trout	Salmo trutta
	1, 6	Burbot	Lota lota
	1, 6	Chain Pickerel	Esox niger
	1, 6	Channel Catfish	Ictalurus punctatus
	1, 6	Common Shiner	Luxilus cornutus
	1, 6	Common White Sucker	Catostomus commersoni
	1, 6	Creek Chub	Semotilus atromaculatus
	1, 6	Eastern Creek Chubsucker	Erimyzon oblongus
	1, 6	Eastern Silvery Minnow	Hybognathus regius
	1, 6	Emerald Shiner	Notropis atherinoides
	1, 6	Fallfish	Semotilus corporalis
	1, 6	Fathead Minnow	Pimephales promelas
	1, 6	Finescale Dace	Chrosomus neogaeus
	1, 6	Fourspine Stickleback	Apeltes quadracus
	1, 6	Golden Shiner	Notemigonus crysoleucas
	1, 6	Lake Chub	Couesius plumbeus
	1, 6	Lake Trout	Salvelinus namaycush
	1, 6	Lake Whitefish	Coregonus clupeaformis
	1, 6	Largemouth Bass	Micropterus salmoides
	1, 6	Longnose Dace	Rhinichthys cataractae
	1, 6	Longnose Sucker	Catostomus catostomus
	1, 6	Margined Madtom	Noturus insignis
	1, 6	Mummichog	Fundulus heteroclitus
	1, 6	Ninespine Stickleback	Pungitius pungitius
	1, 6	Northern Pike	Esox lucius
	1, 6	Northern Redbelly Dace	Chrosomus eos
	1, 6	Pumpkinseed	Lepomis gibbosus
	1, 6	Rainbow Smelt	Osmerus mordax
	1, 6	Rainbow Trout	Oncorhynchus mykiss
	1, 6	Redbreast Sunfish	Lepomis auritus
	1, 6	Redfin Pickerel	Esox americanus americanus
	1, 6	Rock Bass	Ambloplites rupestris
	1, 6	Round Whitefish	Prosopium cylindraceum
	1, 6	Sea Lamprey	Petromyzon marinus
	1, 6	Slimy Sculpin	Cottus cognatus
	1, 6	Smallmouth Bass	Micropterus dolomieui
	1, 6	Splake	hybrid (brook x lake trout)
	1, 6	Spottail Shiner	Notropis hudsonius
	1, 6	Sunapee Trout	Salvelinus aureolus
	1, 6	Swamp Darter	Etheostoma fusiforme
	1, 6	Tadpole Madtom	Noturus gyrinus
	1, 6	Tessellated Darter	Etheostoma olmstedi
	1, 6	Threespine Stickleback	Gasterosteus aculeatus
	1, 6	Tiger Trout	hybrid (brown x brook trout)
	1, 6	Walleye	Sander vitreus
	1, 6	White Perch	Morone americana
	1, 6	Yellow Bullhead	Ameiurus natalis
	1, 6	Yellow Perch	Perca flavescens
Birds
	5	All indigenous species
	1, 2, 5	All waterfowl, indigenous or naturalized, except:
	5	Mute swans	Cygnus olor
		Mallard, listed as noncontrolled in Fis 803.02(b)(6)q.
	5	Grouse, Ruffed	Bonasa umbellus
	5	Grouse, Spruce	Dendragapus canadensis
	5	Crow, Pied
	5	Buzzard, European
Mammals
	5	Agouti, Red rumped
	5	Anteater, Lesser
	5	Armadillo
	5	Badger, American	Taxida taxus
	5	Barbary Sheep
	5	Bear, Black	Ursus americanus
	5	Bear, Grizzly	Ursus horrilibus
	5	Beaver	Castor canadensis
	5	Binturong	A. binturong
	5	Bobcat	Lynx rufus
	5	Caracal	Felis caracal
	5	Chipmunk, Eastern	Tamias striatus
	5	Coatimundi	Nasua nasua
	5	Cottontail, Eastern	Sylvilagus floridanus
	5	Cottontail, New England	Sylvilagus transitionalis
	5	Cougar	Felis concolor
	5	Coyote	Canis latrans
	5	Dama Wallaby
	5	Elephant	Elaphus maximus, Loxodonta africans
	5	Fisher	Martes pennanti
	5	Fox, Fenec, Arctic
	5	Fox, gray	Urocyon cinereoargenteus
	5	Fox, red	Vulpes vulpes
	5	Genet	Genetta spp
	5	Giraffe
	2, 4, 5	Hare, snowshoe	Lepus americanus
	5	Hyena
	5	Kangaroo
	5	Kinkajou;	Potos flavus
	5	Jaguar, Black, Spotted	Panthera onca
	5	Lemming, Northern Bog	Synaptomys borealis
	5	Lemming, Southern Bog	Synaptomys cooperi
	5	Leopard, Snow, Black, Spotted, Clouded	Panthera uncia, P. pardus, P.neofelis, P. nebulosa
	5	Lion	Panthera leo
	5	Lynx, Canada/	Lynx canadensis
	5	Lynx, Eurasian/ Siberian	Lynx lynx
	5	Marten	Martes americana
	5	Mink	Mustela vison
	5	Mole, Hairy-tailed	Parascalops breweri
	5	Mole, Star-nosed	Condylura cristata
	5	Mongoose	H. pulverulentus
	5	Mouse, Deer	Peromyscus maniculatus
	5	Mouse, Meadow Jumping	Zapus hudsonius
	5	Mouse, White-footed	Peromyscus leucopus
	5	Mouse, Woodland Jumping	Napaeozapus insignis
	5	Muskrat	Odontra zibethicus
	5	Opossum, Virginia	Didelphis virginiana
	5	Otter, River	Lutra canadensis
	5	Patagonian Cavy	Doli salincola
	5	Peccarries, Collared
	5	Pipistrelle, Eastern	Pipistrellus subflavus
	5	Porcupine	Erethizon dorsatum
	5	Porcupine, African Crested	Hystrix cristata
	5	Porpoise	Phocaena spp.
	5	Prairie Dog	Cynomys spp.
	5	Primates, to include:
		Chimpanzee	Pan troglodytes
		Gorilla	Gorilla gorilla
		Orangutan	Pongo sygmaeus
		Baboons	Papio spp
		Spider Monkey	Ateles spp
		Squirrel Monkey	Saimiri, spp
		Capuchin	Cebus, spp
		Rhesus	Macaca mulatta
	5	Marmoset, Guenon(s), Celebes macaque,	Cercopihecus spp.
	5	Raccoon	Procyon lotor
	5	Seal, Harbor	Phoca vitulina
	5	Serval, African	Felis serval
	5	Shrew, Long-tailed	Sorex dispar
	5	Shrew, Masked	Sorex cinereus
	5	Shrew, Pygmy	Sorex hoyi
	5	Shrew, Short-tailed	Blarina brevicauda
	5	Shrew, Smoky	Sorex fumeus
	5	Shrew, Water	Sorex palustris
	5	Skunk, striped	Mephitis mephitis
	5	Springhare
	5	Squirrel, Gray	Sciurus carolinensis
	5	Squirrel, Northern Flying	Glaucomys sabrinus
	5	Squirrel, Red	Tamiasciurus hudsonicus
	5	Squirrel, Southern Flying	Glaucomys volans
	5	Tenrec, Giant Lowland streaked
	5	Tigers	Panthera tigeris
	5	Two-Toed Sloth	Choloepus didactylus
	5	Vole, Meadow	Microtus pennsylvanicus
	5	Vole, Northern Red-backed	Clethrionomys gapperi
	5	Vole, Rock	Microtus chrotorrhinus
	5	Vole, Woodland	Microtus pinetorum
	5	Wallaby Tammar, Bennett, Dama
	5	Weasel, Least	Erminea rixosa
	5	Weasel, Long-tailed	Mustela frenata
	5	Weasel, Short-tailed	Mustela erminea
	5	Wolf	Canis lupus
	5	Wolverine	Gulo gulo
	5	Woodchuck	Marmota monax

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05; EXPIRED:
11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, 6-5-07; amd by #9880-A, eff 3-1-11; EXPIRED: 6-5-15 (except for alligators and crocodiles in Table 800.1); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 803.07 Importation of Wildlife, Other Than Fish.

(a) Persons holding a current permit to import for a specific wildlife species, other than fish, may import such wildlife which has a health certificate that meets:

(1) USDA requirements pursuant to 9 CFR 2.78; or

(2) Any other health inspection requirements pursuant to the laws and rules of the NH department of agriculture.

(b) A copy of the health certificate shall be sent to the fish and game department.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; amd by #6177, eff 1-27-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 803.08 Importation of Fish.

(a) Fish, other than non-controlled fish species, shall not be imported from any source that has not filed a report of pathological inspection meeting the criteria set forth in Fis 803.09 and Fis 803.10 so as to insure that the fish being imported are free of disease causing pathogens.

(b) No warmwater species of fish shall be imported from zone 2.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; amd by #6177, eff 1-27-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #12768, eff 5-3-19

Fis 803.09 Pathological Inspections for Fish.

(a) Pathological inspections of fish shall be conducted annually, and the most recent within one year prior to the date of import and at least 3 consecutive annual inspections shall be conducted, prior to the date of import.

(b) The inspection shall be conducted only by a licensed veterinarian, persons certified as a fish health inspector or a fish pathologist by the American Fisheries Society or under the Canadian fish health regulations, or an employee of the fish and game department in the state from which the fish or gametes originate with responsibility and training for fish health inspections. A copy of the certification shall be sent to the executive director before approval. No owner or employee with direct supervisory authority over a facility shall serve as an inspector for their fish culture facility.

(c) The methods of disease diagnosis and the fish culture facility inspections shall follow the procedures and the methods as described in the "Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens", developed by the Fish Health Section (FHS) of the American Fisheries Society, 2016 Edition as specified in Appendix II. If more sensitive or more definitive published procedures are available, they may be used, but any departures from the basic procedures set forth by the FHS shall be noted on all associated inspection reports.

(d) No fish shall be imported from states known to have waters infested with zebra mussels or from states which allow the importation of fish from states infested with zebra mussels unless the source of fish is approved free of zebra mussels.

(e) Pathological inspections of fish shall include results of the examinations for family specific pathogens listed as specified in Table 800.1.1, below:

Table 800.1.1 Family Specific Pathogens Table

Family Group	Viral pathogens	Bacterial pathogens	Parasitic pathogens
Salmonidae (e.g., trout, salmon, char)	Infectious salmon anemia virus Viral hemorrhagic septicemia virus Infectious pancreatic necrosis virus Infectious hematopoietic necrosis virus	Aeromonas salmonicida Yersinia ruckeri Renibacterium salmoninarum	Myxobolus cerebralis
Cyprinidae (e.g., minnows) Castomidae (e.g., suckers) and Osmeridae (e.g, smelt) fishes.	Spring viremia of carp virus Viral hemorrhagic septicemia virus Infectious pancreatic necrosis virus Infectious hematopoietic necrosis virus	Aeromonas salmonicida Yersinia ruckerii Renibacterium salmoninarum
Centrarchidae (e.g. black bass) Moronidae (e.g., striped basses) Percidae (e.g., walleye, yellow perch) Esocidae (e.g., pikes)	Spring viremia of carp virus Viral hemorrhagic septicemia virus Infectious pancreatic necrosis virus Infectious hematopoietic necrosis virus Largemouth bass virus	Aeromonas salmonicida Yersinia ruckeri Renibacterium salmoninarum
Ictaluridae (e.g. catfishes)	Channel catfish virus Viral hemorrhagic septicemia virus Infectious pancreatic necrosis virus Infectious hematopoietic necrosis virus	Aeromonas salmonicida Yersinia ruckeri Edwardsiella tarda Edwardsiella ictaluri
Cichlidae	Tilapia Iridovirus Infectious pancreatic necrosis virus Viral hemorrhagic septicemia virus Infectious hematopoietic necrosis virus Spring viremia of carp virus	Aeromonas salmonicida Yersinia ruckeri Streptococcus iniae Streptococcus agalactia

(f) Sample collection and sample lots for specific family testing shall comply with the following:

(1) Facility inspections shall include a minimum of 150 fish from the facility with no less than 60 of each species;

(2) Facility inspections shall include 3 years of inspection of the facility;

(3) Wild fish inspections shall include 60 fish per species and require 3 years of inspection on source population;

(4) Cichlidae fishes that are kept in a closed system shall include one year of inspection; and

(5) Salmonidae live fishes or eggs shall include 3 consecutive years of pathological inspection.

(g) Disinfected Salmonidae eggs from broodfish which are positive for the following list of pathogens that are disinfected prior to import and transported in pathogen-free water may be imported into the state:

(1) Myxobolus cerebralis, whirling disease agent;

(2) Yersinia ruckeri, enteric redmouth disease agent; and

(3) Aeromonas salmonicida, furunculosis agent.

(h) All Salmonidae eggs shall be disinfected upon receipt, provided that any such eggs which are positive for Aeromonas salmonicida shall be disinfected twice upon receipt.

(i) No fish from a facility or water body known to be infected with infectious hematopoietic necrosis virus, viral hemorrhagic septicemia virus, Heterosporis, infectious salmon anemia virus, spring viremia of carp, Myxobolus cerebralis, Ceratomyxa shasta, Tetracapsula bryosalmonae, or epizootic epitheliotrophic disease virus (EEDV) shall be imported.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; ss by #8120,

eff 7-16-04; ss by #8893, eff 6-5-07; amd by #9005, eff
1-1-08; ss by #10279, eff 2-28-13; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.10) (See Revision Note at part heading for Fis 803)

New. #11029, eff 1-26-16; ss by #12768, eff 5-3-19

Fis 803.10 Pathological Inspection Report for Fish.

(a) All fish, except non-controlled fish species, imported into the state shall have a pathological inspection report.

(b) The inspection report shall include the following:

(1) Name of the hatchery source;

(2) Address of the hatchery source;

(3) Name of the hatchery manager/owner;

(4) Telephone number of the hatchery manager/owner;

(5) Inspection date;

(6) Name of inspection agent;

(7) Address of inspection agent;

(8) Whether the certification of the inspection agent is by the American Fisheries Society, Canadian department of fisheries and oceans, or the department;

(9) Type of fish;

(10) Type of water supply for the hatchery;

(11) The following information for each individual lot:

a. Lot number;

b. Species;

c. Age in months;

d. Number of fish in the lot;

e. Pathogens inspected for;

f. The number of fish used for examination;

g. Method of examination/detection method; and

h. The results; and

(12) The signature of inspection agent.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.11) (See Revision Note at part heading for Fis 803)

New. #11029, eff 1-26-16

Fis 803.11 Notification of Import of Wildlife.

(a) Notification shall be made in writing to the fish and game department that wildlife will be or has been brought into the state as follows:

(1) Persons importing wildlife, including fish, pursuant to the requirements of Fis 803, shall notify the department prior to the importation into the state;

(2) Exhibitors importing wildlife species listed as controlled for importation for category 5, other than fish, and the wildlife meets the USDA health certification requirements shall notify the department within 5 days after the importation.

(b) Notification shall include the following:

(1) Permittee’s import permit number;

(2) Name and address of the permittee;

(3) Date of import;

(4) Species, number and sex of wildlife imported;

(5) Location(s) to where wildlife are to be or were imported; and

(6) Copy of health certificate for those wildlife where one was not submitted with the original permit application.

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.12) (See Revision Note at part heading for Fis 803)

New. #11029, eff 1-26-16

Fis 803.12 Permit to Import Wildlife Forms.

(a) The applicant for a permit to import wildlife shall provide the following on or with the application form:

(1) Name of applicant;

(2) Applicant's telephone number and email address, if applicable;

(3) Applicant's street address and mailing address;

(4) Species, number, and sex of wildlife to be imported;

(5) Address or location and name of the facility where the wildlife is to be possessed;

(6) Name, address and telephone number of the person from whom the wildlife is to be obtained;

(7) Possession, propagation, exhibition, individual training and shooting, or release permit number, or regulated shooting area or aquaculture license, if applicable;

(8) Pathological inspection report for fish; and

(9) Signature of the applicant.

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.13) (See Revision Note at part heading for Fis 803)

New. #11029, eff 1-26-16

Fis 803.13 Fees. The fee for a permit to import wildlife shall be $30.00 and shall be submitted with each application.

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15 (formerly Fis 803.14) (See Revision Note at part heading for Fis 803)

New. #11029, eff 1-26-16

PART Fis 804 POSSESSION OF WILDLIFE

Fis 804.01 Definitions.

(a) "Cage" means an area enclosed on all sides and has a top and a bottom.

(b) "Enclosure" means an area enclosed on all sides.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.02 Non-controlled Species - Possession.

(a) A permit to possess wildlife shall not be required for any person to possess wildlife designated as non-controlled as specified in (b), below.

(b) For purposes of this part, the following species or groups of wildlife shall be designated as non-controlled:

(1) Ornamental aquarium fish, both fresh and marine that shall be kept in a closed system;

(2) Amphibians, exotic;

(3) Amphibians, indigenous, listed in Table 800.2 for category 1, for up to 5 specimens per species;

(4) Reptiles, exotic, except:

a. Alligator (Alligatoridae, spp);

b. Crocodile (Crocodylidae, spp); and

c. Venomous reptiles, other than the Western Hognose Snake

(5) Indigenous reptiles listed in Table 800.2 for category 1, for up to 2 specimens of each species;

(6) The following exotic birds:

a. Cockatiel (Nymphicus hollandieus)

b. Canaries (Serinus spp.);

c. Parrots (Psittaciformes);

d. Parakeets (Budgerigar);

e. Mynah Birds (Acridotheres spp);

f. Finches (Estrildidae spp);

g. Pekin robin (Leiothrip lutea);

h. Weavers (Ploceidae);

i. Toucans (Ramphastidae);

j. Button quail (Turnicidae);

k. Pigeons and doves (Columbiformes), exotic; and

l. Feral pigeons (Columba domestica and C. livia);

m. Emu (Dromaius novaehollandire);

n. Ostrich (Struthis camelus);

o. Rhea (Rheidae);

p. Waterfowl, exotic migratory except mute swans;

q. Waterfowl, mallard by individuals in category 1;

r. Gallinaceous birds, except:

1. Bobwhite quail, Northern (Colinus virginianus);

2. Grouse, Ruffed (Bonasa umbellus);

3. Grouse, Spruce (Dendragapus canadensis);

4. Pheasant, Ring-necked (Phasianus colchicus);

5. Partridge, Chuckar and Redleg (Alectoris chuka); and

6. Partridge, Grey/Hungarian (Perdix perdix);

(7) The following mammals:

a. Chinchillas, domesticated, (Chinchilla spp);

b. Gerbils, domesticated;

c. Guinea Pigs, domesticated;

d. Hamsters, domesticated (Cricetus cricetus);

e. Mice, domesticated (Mus musculus);

f. Rats, domesticated (Rattus norvegicus and Rattus rattus);

g. Ferrets, domesticated (Mustela putorius furo);

h. Llamas (Lama glama);

i. Alpaca (Lama pacos);

j. Pot belly pigs, domesticated;

k. Rabbits, domesticated;

l. African pigmy hedgehog;

m. Sugar glider (Petaurus breviceps);

n. Tenrec (Tenrec ecaudatus);

o. Yak (Bos grunniens)

p. Camel (Camelus spp.)

q. Asian water buffalo (Bubalus bubalis);

r. Degaus (Octodon degus);

s. Guanaco (Lama quanicoe); and

t. Bison (Bison bison, B. bonasus); and

(8) All marine species originating in the western portion of the North Atlantic Ocean and connected saltwater bays and estuaries, except anadromous and catadromous species.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05; EXPIRED: 11-21-06 (except paragraph (b)(4)p.); ss by #8767, INTERIM, eff 11-22-06, EXPIRED:
5-21-07

New. #8893, eff 6-5-07; amd by #9880-A, eff 3-1-11; amd by #10541, eff 4-1-14; EXPIRED: 6-5-15 (except para. (b)(6)d.); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.03 Prohibited Species - Possession.

(a) No person shall be issued a permit to possess wildlife that has been designated as prohibited as specified in Fis 804.03(b) or Fis 804.04(b).

(b) For the purposes of this part, the following species or groups of wildlife shall be designated as prohibited:

(1) The following invertebrates:

a. Zebra mussel(Dreissena polymorpha, D. bugensis);

b. Spiny waterflea (Bythotrephes cederstroemi);

c. Fishhook waterflea (Cercopagis pengoi);

d. All non-indigenous crayfish; and

e. Asiatic clam (Corbicula fluminea); and

(2) The following fish:

a. Walking catfish (Clarias batrachus);

b. White amur/grass carp (Ctenopharyngodon idella);

c. Black carp (Mylopharyngodaon piceus);

d. European rudd (Scardinius erythophthalmus);

e. Round goby (Neogobius melanostomus);

f. Tubenose goby (Proterhinus marmoratus);

g. Ruffe (Gymnocephalus cernuus);

h. Snakeheads (Family: Channidae);

i. Bighead carp (Hypophthalmichthys nobilis); and

j. Silver carp (Hypophthalmichthys molitrix).

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; amd by #10541, eff 4-1-14

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.04 Permits To Possess Wildlife.

(a) No live wildlife, or their hybrids, designated as controlled, or the eggs or progeny thereof, shall be possessed without a permit to possess wildlife or except as otherwise permitted under RSA 207:1-a, 214:34-d and 209-A:3, IV.

(b) All species not specifically listed under the categories of non-controlled, prohibited, or controlled shall be designated as prohibited.

(c) The executive director shall review each application to possess and shall make a determination as to whether such possession shall be permitted. No permit to possess shall be issued if there is any significant disease, genetic, ecological, environmental, health, safety, or welfare risks to the public or other wildlife species.

(d) No possession of wildlife shall take place until a permit is issued by the executive director.

(e) Permits to possess wildlife as specified in Fis 804.05(a) shall expire on December 31 of the calendar year of issuance, unless sooner revoked.

(f) The permit shall be valid only for the facilities or locations described in the application and the permit shall not be transferable or assignable.

(g) Application for a permit to possess shall be submitted no less than 30 days in advance of the requested date of possession.

(h) Health certificates shall meet standards set forth by the United States Department of Agriculture pursuant to 9 CFR, 2.78 and/or the New Hampshire department of agriculture.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.05  Controlled Species - Possession. 

(a)  A permit to possess wildlife shall be required for all species, including hybrids, designated as controlled as cited in the controlled table under (b), below. 

(b)  A permit shall be issued only to a person in the permittee category(ies), as defined in Fis 802.01, and cited in Table 800.2: 

Table 800.2  Controlled Species Table - Possession 

	PERMITTEECATEGORY	SPECIES	SCIENTIFIC NAME
Amphibians	1,5	American toad	Bufo americanus
	5	Fowler’s toad	Bufo fowleri
	1,5	Gray treefrog	Hyla versicolor
	1,5	Spring peeper	Pseudacris crucifer
	1,5	American bullfrog	Rana catesbeiana
	1,5	Green frog	Rana clamitans
	1,5	Pickerel frog	Rana palustris
	5	Northern leopard frog	Rana pipiens
	1,5	Mink frog	Rana septentrionalis
	1,5	Wood frog	Rana sylvatica
	5	Jefferson salamander	Ambystoma jeffersonianum
	5	Blue-spotted salamander	Ambystoma laterale
	5	Jefferson X blue-spotted salamander hybrids	Ambystoma jeffersonianum X laterale
	1,5	Spotted salamander	Ambystoma maculatum
	5	Marbled salamander	Ambystoma opacum
	1,5	Northern two-lined salamander	Eurycea bislineata
	1,5	Northern dusky salamander	Desmognathus fuscus
	5	Spring salamander	Gyrinophilus porphyriticus
	5	Four-toed salamander	Hemidactylium scutatum
	1,5	Eastern red-backed salamander	Plethodon cinereus
	5	Northern slimy salamander	Plethodon glutinosus
	5	Common Mudpuppy	Necturus maculosus
	1,5	Red-spotted newt	Notophthalmus viridescens
Reptiles
	5	Alligator	Alligatoridae, spp
	5	Crocodile	Crocodylidae, spp
	5	All venomous reptiles
	5	Blanding's turtles	Emydoidea blandingii
	5	Eastern box turtles	Terrapene carolina carolina
	5	Spotted turtles	Clemmys guttata
	5	Wood turtles	Glyptemys insculpta
	1,5	Musk turtle	Sternotherus odoratus
	1,5	Painted turtle	Chrysemys picta
	1,5	Snapping turtle	Chelydra serpentina
	5	Black racer	Coluber constrictor
	1,5	Ring-necked snake	Diadophis punctatus
	5	Eastern hognose snake	Heterodon platirhinos
	1,5	Eastern milksnake	Lampropeltis triangulum triangulum
	1,5	Northern watersnake	Nerodia sipedon
	5	Smooth greensnake	Opheodrys vernalis
	1,5	Brown snake	Storeria dekayi
	1,5	Red-bellied snake	Storeria occipitomaculata
	5	Ribbon snake	Thamnophis sauritus
	1,5	Garter snake	Thamnophis sirtalis
Fish
	1, 6	Tilapia
	1, 6	Alewife	Alosa pseudoharengus
	1, 6	American brook lamprey	Lethenteron appendix
	1, 6	American Eel	Anguilla rostrata
	1, 6	American Shad	Alosa sapidissima
	1, 6	Atlantic Salmon	Salmo salar
	1, 6	Banded Killifish	Fundulus diaphanus
	1, 6	Banded Sunfish	Enneacanthus obesus
	1, 6	Black Crappie	Pomoxis nigromaculatus
	1, 6	Blacknose Dace	Rhinichthys atratulus
	1, 6	Blacknose Shiner	Notropis heterolepis
	1, 6	Blueback Herring	Alosa aestivalis
	1, 6	Bluegill	Lepomis macrochirus
	1, 6	Bridle Shiner	Notropis bifrenatus
	1, 6	Brook Trout	Salvelinus fontinalis
	1, 6	Brown Bullhead	Ameiurus nebulosus
	1, 6	Brown Trout	Salmo trutta
	1, 6	Burbot	Lota lota
	1, 6	Chain Pickerel	Esox niger
	1, 6	Channel Catfish	Ictalurus punctatus
	1, 6	Common Carp	Cyprinus carpio
	1, 6	Common Shiner	Luxilus cornutus
	1, 6	Common White Sucker	Catostomus commersoni
	1, 6	Creek Chub	Semotilus atromaculatus
	1, 6	Eastern Creek Chubsucker	Erimyzon oblongus
	1, 6	Eastern Silvery Minnow	Hybognathus regius
	1, 6	Emerald Shiner	Notropis atherinoides
	1, 6	Fallfish	Semotilus corporalis
	1, 6	Fathead Minnow	Pimephales promelas
	1, 6	Finescale Dace	Chrosomus neogaeus
	1, 6	Fourspine Stickleback	Apeltes quadracus
	1, 6	Golden Shiner	Notemigonus crysoleucas
	1, 6	Lake Chub	Couesius plumbeus
	1, 6	Lake Trout	Salvelinus namaycush
	1, 6	Lake Whitefish	Coregonus clupeaformis
	1, 6	Largemouth Bass	Micropterus salmoides
	1, 6	Longnose Dace	Rhinichthys cataractae
	1, 6	Longnose Sucker	Catostomus catostomus
	1, 6	Margined Madtom	Noturus insignis
	1, 6	Mummichog	Fundulus heteroclitus
	1, 6	Ninespine Stickleback	Pungitius pungitius
	1, 6	Northern Pike	Esox lucius
	1, 6	Northern Redbelly Dace	Chrosomus eos
	1, 6	Pumpkinseed	Lepomis gibbosus
	1, 6	Rainbow Smelt	Osmerus mordax
	1, 6	Rainbow Trout	Oncorhynchus mykiss
	1, 6	Redbreast Sunfish	Lepomis auritus
	1, 6	Redfin Pickerel	Esox americanus americanus
	1, 6	Rock Bass	Ambloplites rupestris
	1, 6	Round Whitefish	Prosopium cylindraceum
	1, 6	Sea Lamprey	Petromyzon marinus
	1, 6	Slimy Sculpin	Cottus cognatus
	1, 6	Smallmouth Bass	Micropterus dolomieui
	1, 6	Splake	hybrid (brook x lake trout)
	1, 6	Spottail Shiner	Notropis hudsonius
	1, 6	Sunapee Trout	Salvelinus aureolus
	1, 6	Swamp Darter	Etheostoma fusiforme
	1, 6	Tadpole Madtom	Noturus gyrinus
	1, 6	Tessellated Darter	Etheostoma olmstedi
	1, 6	Threespine Stickleback	Gasterosteus aculeatus
	1, 6	Tiger Trout	hybrid (brown x brook trout)
	1, 6	Walleye	Sander vitreus
	1, 6	White Perch	Morone americana
	1, 6	Yellow Bullhead	Ameiurus natalis
	1, 6	Yellow Perch	Perca flavescens
	1, 6	Hybrid striped bass
Birds
	5	All indigenous species
	1,2, 5	All waterfowl, indigenous and naturalized, except:
	2, 3, 4, 5, 7	Mallard	Anas platyrhynchos
	1, 5	Mute Swans	Cygnus olor
	5	Crow, Pied
	5	Buzzard, European
		Gallinaceous Birds:
	1, 2, 3, 4, 5, 7	Bobwhite Quail, Northern	Colinus virginianus
	5	Grouse, Ruffed	Bonasa umbellus
	5	Grouse, Spruce	Dendragapus canadensis
	1, 2, 3, 4, 5, 7	Pheasant, Ring-necked	Phasianus colchicus
	1, 2, 3, 4,  5, 7	Partridge, Chukar /Redleg	Alectoris chuka
	1, 2, 3, 4,  5, 7	Partridge, Grey/Hungarian	Perdix perdix
Mammals
	5	Armadillo
	5	Anteater, Lesser
	5	Agouti, red rumped
	5	Badger	Taxida taxus
	5	Barbary Sheep
	5	Bear, Black	Ursus americanus
	5	Bear, Grizzly	Ursus horrilibus
	5	Beaver	Castor canadensis
	5	Binturong
	5	Boar, wild	Sus scrofa
	5	Bobcat	Lynx rufus
	5	Caracal Lynx
	2, 5	Caribou/Reindeer	Rangifer tarandus
	5	Cavy, Patagonian	Doli salinicola
	5	Chipmunk, Eastern	Tamias striatus
	5	Coatimundi	Nasua nasua
	5	Cottontail, Eastern	Sylvilagus floridanus
	5	Cottontail, New England	Sylvilagus transitionalis
	5	Cougar	Felis concolor
	5	Coyote	Canis latrans
	5	Dama Wallaby
	2, 5	Deer, Red	Cervus elaphus
	2, 5	Deer, Sika	Cervus Nippon
	5	Deer, White-tailed	Odocoileus virginianus;
	5	Elephant	Elaphus maximus, Loredomta  africans
	2, 5	Elk	Cervus elephus Canadensis
	5	Fisher	Martes pennanti
	5	Fox, Gray; Fenec	Urocyon cinereoargenteus
	5	Fox, Red	Vulpes vulpes
	5	Genet	Genetta spp.
	5	Giraffe
	5	Hyena
	2, 4 & 5	Hare, Snowshoe	Lepus americanus
	5	Jaguar, Black, Spotted
	5	Kangaroo, Red
	5	Kinkajou	Potos flavus
	5	Lemming, Northern Bog	Synaptomys borealis
	5	Lemming, Southern Bog	Synaptomys cooperi
	5	Lemur, Ringtailed
	5	Leopard	Panthern umeia , P. pardus, Neofelis nebulasa
	5	Lion	Panthera leo
	5	Lynx, Canadian, Siberian	Lynx canadensis
	5	Marten	Martes americana
	5	Mink	Mustela vison
	5	Mole, Hairy-tailed	Parascalops breweri
	5	Mole, Star-nosed	Condylura cristata
	5	Mongoose
	5	Moose	Alces alces
	5	Mouse, Deer	Peromyscus maniculatus
	5	Mouse, Meadow Jumping	Zapus hudsonius
	5	Mouse, White-footed	Peromyscus leucopus
	5	Mouse, Woodland Jumping	Napaeozapus insignis
	5	Muskrat	Odontra zibethicus
	5	Opossum, Virginia	Didelphis virginiana
	5	Otter, River	Lutra canadensis
	5	Peccary, Collared
	5	Pipistrelle, Eastern	Pipistrellus subflavus
	5	Porcupine, North American African crested	Erethizon dorsatum Hystrix cristata
	5	Prairie Dog	Cynamys, spp.
	5	Primates to include:
		Chimpanzee	Pan troglodytes
		Gorilla	gorilla gorilla
		Orangutan	Pongo pygmaeus
		Baboons	Papio spp
		Spider Monkey	Ateles spp
		Squirrel Monkey	Saimici spp
		Capuchin	Cebus spp
		Marmoset (Tamarin)	Cercopihecus spp.
		Guenon(s)
		Celebes macaque
		Rhesus	Macaca mulatta
	5	Raccoon	Procyon lotor
	5	Rat, African pouched
	5	Serval, African
	5	Shrew, Long-tailed	Sorex dispar
	5	Shrew, Masked	Sorex cinereus
	5	Shrew, Pygmy	Sorex hoyi
	5	Shrew, Short-tailed	Blarina brevicauda
	5	Shrew, Smoky	Sorex fumeus
	5	Shrew, Water	Sorex palustris
	5	Skunk, Striped	Mephitis mephitis
	5	Springhare
	5	Squirrel, Gray	Sciurus carolinensis
	5	Squirrel, Northern Flying	Glaucomys sabrinus
	5	Squirrel, Red	Tamiasciurus hudsonicus
	5	Squirrel, Southern Flying	Glaucomys volans
	5	Tenrec, Giant, Lowland streaked
	5	Tiger; Golden Tabby, Siberian, White Siberian, Bengal	Panthera tigeris
	5	Two-Toed Sloth	Choloepus didaclybus
	5	Vole, Meadow	Microtus pennsylvanicus
	5	Vole, Northern Red-backed	Clethrionomys gapperi
	5	Vole, Rock	Microtus chrotorrhinus
	5	Vole, Woodland	Microtus pinetorum
	5	Wallaby, Dama, Tammar, Bennett
	5	Water Buffalo, Eurasian
	5	Weasel, Least	Erminea rixosa
	5	Weasel, Long-tailed	Mustela frenata
	5	Weasel, Short-tailed	Mustela ermine
	5	Wolverine
	5	Woodchuck	Marmota monax
	5	Wolf	Canis lupus
	5	Zebra

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98; amd by #8431, eff 9-20-05; EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; amd by #9790-A, eff 1-1-11; EXPIRED: 6-5-15 (except for para. (b) intro. and the permittee category of birds in Table 800.2); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #13513, eff 1-1-23

Fis 804.06 Power to Inspect.

(a) The executive director or his agents shall inspect wildlife, facilities, permits and/or records under the control of the permittee for the purpose of ascertaining compliance with this part. Such inspection shall be undertaken at a reasonable time.

(b) An inspection of facilities and/or cages or enclosures shall occur prior to the issuance of any permit if applicant has not held a permit for the regulated activities in the previous year.

(c) An inspection shall not be required for wildlife on the controlled possession list as specified in Table 800.02 and jointly on the release list as specified in Table 800.3.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.07 Prior Possession of Wildlife.

(a) Any person who has legally acquired and possesses wildlife under a valid permit in 1992, and continuously since, and such wildlife is now designated as prohibited or controlled, shall be issued a permit to possess such wildlife.

(b) Any person who has legally possessed spotted turtles (Clemmys guttata), Blanding's turtles (Emydoidea blandingii), wood turtles (Glyptemys insculpta) or Eastern box turtles (Terrapene carolina carolina) prior to January 1, 1996, and continuously since, shall be issued a permit to possess wildlife. The possession permit shall be for those turtles in possession and no replacements shall be allowed.

(c) Any person who legally possessed species listed as non-controlled prior to June 1, 2007, and now listed as controlled, shall be issued a permit to possess wildlife. The possession permit shall be for wildlife in possession prior to June 1, 2007 and no replacements shall be allowed.

(d) Any person who legally possessed species listed as controlled prior to October 1, 2015, and now is classified as prohibited, shall be issued a permit to possess said species. The possession permit shall be for wildlife in possession prior to October 1, 2015 and no replacements shall be allowed, unless a waiver is issued.

(e) Wildlife possessed under permits issued pursuant to Fis 804.04 shall meet the following criteria:

(1) Wildlife shall have a permanent means of identification; and

(2) All requirements of this part shall be met.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.08 Fish.

(a) Channel catfish, Tilapia and hybrid striped bass shall be kept in a closed system.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.09 Housing and Cage/Enclosure Requirements.

(a) Captive wildlife shall be confined at all times in cages or enclosures.

(b) For all wildlife possessed, the permittee shall provide enclosures or cages that:

(1) Are of sufficient strength and construction to minimize risk of escape;

(2) Protect the wildlife from all other animals, domestic or wild;

(3) Protect the wildlife from the adverse elements of nature;

(4) Protect the public from contact with the wildlife; and

(5) Provide unrestricted movement required of the wildlife for proper exercise.

(c) Inadequate enclosure or cage size may be indicated by evidence of malnutrition, poor condition, debility, stress, or abnormal behavior.

(d) The permittee shall prevent the public from injuriously feeding or otherwise harming the wildlife, and shall post the necessary warning signs requiring the public to refrain from such practices.

(e) The permittee shall take precautions to protect the public from injury from permitted wildlife and to prevent any release of wildlife possessed.

(f) All cages or enclosures for the possession of wildlife shall meet or exceed minimum specifications required by this part for various kinds of wildlife.

(g) All enclosures or cages for bats shall follow the guidelines set forth in the Protocol for Wildlife Rehabilitator Response to Hibernating Bats Affected with White-Nose Syndrome (2011), as specified in Appendix II.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.10 Birds.

(a) Bird cages and enclosures shall be as follows:

(1) Bird cages shall be of adequate size to allow for normal postural and social adjustments;

(2) Permittees in categories 1, 2 and 3 shall comply with the following restrictions:

a. Northern bobwhite quail, 6 weeks or older, and other birds of like size shall be caged at a maximum of 2 birds per square foot;

b. Partridge, 6 weeks or older, and other birds of like size, shall be caged with at least a minimum of 10 square feet per bird; and

c. Ringneck pheasants, 6 weeks or older, and other birds of like size, shall be caged with at least a minimum of 20 square feet per bird; and

(3) The use of holding pens shall be permitted for northern bobwhite quail, partridge and pheasants for up to 7 days after importation or acquisition of the birds.

(b) All mute swans shall be marked by the owner. Adults shall be wing clipped, with the primary feathers cut annually. Progeny shall be pinioned. Adults, eggs, and progeny shall not be released.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.11 Small Animal Enclosures. All enclosures for possessing wildlife described in this section shall, as a minimum, meet USDA caging requirements pursuant to 9 CFR 3, D, E and F.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.12 Deer Enclosures.

(a) Deer and related animals shall be provided with an enclosure that will ensure unrestricted movement for each animal.

(b) Propagators of sika, fallow, and red deer or elk or permit holders of pre-existing regulated shooting areas for whitetail deer or elk shall provide an enclosure at least 8 feet high and a minimum of 2,000 square feet per animal.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.13 Additional Enclosure Requirements for Wildlife Held by Exhibitors.

(a) Indigenous species which are prohibited for importation and that the department provides to an exhibitor, shall be provided seclusion and shade where the wildlife can escape viewing by the public at any time.

(b) Exhibitors shall provide deer, elk or moose with larger enclosures to present these wildlife in a natural environmental setting. The enclosure shall be at least 8 feet in height.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.14 Identification Requirements.

(a) Deer and elk held under a propagation permit shall have 2 forms of permanent identification in the form of ear tags or tattoos.

(b) At least one form of identification shall be a dangle-type ear tag that can be read from at least 10 feet away with the naked eye.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; amd by #9880-A, eff 3-1-11; para. (b) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.15 Sanitation and Nutritional Requirements for Permitted Wildlife.

(a) All cages, enclosures and their surroundings shall be kept in a sanitary condition which impedes the transmission of parasites and diseases.

(b) Drinking water shall be provided daily in clean containers and as often and necessary for the health and comfort of the animal. Swimming and wading pools shall be cleaned as needed. Enclosures shall provide adequate drainage of surface water and runoff to prevent accumulation of standing water.

(c) Food shall be of a type and quantity sufficient to meet the nutritional requirements of the subject wildlife, and shall be provided in clean containers, in an unspoiled and uncontaminated condition. If self-feeders are used, adequate measures shall be taken to prevent molding, contamination, and deterioration or caking of food.

(d) Excreta shall be removed from primary enclosures as often as necessary to prevent contamination of the animals contained therein and to minimize disease hazards and to reduce odors.

(e) Subsequent to the presence of an animal with an infectious or transmissible disease, cages, rooms, and hard-surfaced pens or runs shall be sanitized by:

(1) Washing them with hot water, at a temperature of at least 180°F at source, and soap or detergent, as in a mechanical washer;

(2) Washing all soiled surfaces with a detergent solution followed by a safe and effective disinfectant; or

(3) Cleaning all soiled surfaces with pressurized steam.

(f) Pens or runs using gravel, sand, or dirt, shall be sanitized when necessary as directed by the attending veterinarian.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.16 Handling and Health of Wildlife Possessed.

(a) Permittees shall handle the wildlife in a manner to prevent any injury or stress to the wildlife and protect the well being of the wildlife at all times.

(b) All wildlife shall be kept as free as possible from parasites or disease.

(c) When wildlife becomes afflicted with, or unsightly as a result of, disease or parasites, it shall be removed from public display or view by the permittee or the permittee's agent, and provided proper medical attention, or destroyed, in a humane manner, if necessary.

(d) A permittee shall notify the department in writing within 5 business days of any unexplained diseases or deaths occurring in wildlife possessed under the permittee's permit.

(e) A permittee shall notify the department within 72 hours of any escaped animals to include species, sex, identification numbers, and date and time of escape.

Source. (See Revision Note at chapter heading Fis 800 #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.17 Removal of Wildlife from Premises. Wildlife for which a permit to possess has been issued shall not be removed from the premises described on the permit, except to a licensed veterinarian in New Hampshire for medical reasons or under a permit to release.

Source. (See Revision Note at chapter heading Fis 800 #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 804.18 Permit to Possess Wildlife Forms.

(a) The applicant for a permit to possess wildlife shall provide the following:

(1) Name of applicant;

(2) Applicant's street address and mailing address;

(3) Applicant's telephone number and email address, if applicable;

(4) Address where the wildlife is to be possessed;

(5) The purpose for which the wildlife will be possessed;

(6) The wildlife species' common name, and scientific name of each species which will be possessed;

(7) Date of application;

(8) Importation permit number, if applicable;

(9) Federal permit number, if applicable; and

(10) Signature of applicant.

(b) Pemittees requesting renewal of a possession permit shall submit:

(1) A census listing of the number and species of wildlife in possession by the permittee at the time of renewal; and

(2) A statement, signed subject to the penalties for making unsworn false statements under RSA 641:3, that the permittee is in compliance with the requirements of Fis 800.

(c) A permit fee in the amount of $25.00 shall be submitted with each application or renewal application.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 805 RELEASE OF WILDLIFE

Fis 805.01 Prohibited Species - Release.

(a) No person shall be issued a permit to release wildlife designated as prohibited in Fis 805.01(b).

(b) For purposes of this part, the following species or groups of wildlife shall be designated as prohibited:

(1) The following invertebrates:

a. All indigenous imported into the state; and

b. All exotics;

(2) The following amphibians:

a. All indigenous imported into the state; and

b. All exotics;

(3) The following reptiles:

a. All indigenous imported into the state; and

b. All exotics;

(4) The following fish:

a. All species listed as prohibited for importation or possession;

b. All non-indigenous species; and

c. Any species not naturalized in New Hampshire;

(5) All birds except:

a. Bobwhite quail, northern (Colinus virginianus);

b. Mallard (Anas platyrhynchos) by category 3 or 4;

c. Pheasant, Ring-necked (Phasianus colchicus);

d. Partridge, Chukar /redleg (Alectoris chuka); and

e. Partridge, Grey/Hungarian (Perdix perdix); and

(6) The following mammals:

a. Exotics; and

b. Extirpated indigenous.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 805.011 Non-Controlled Species – Release.

(a) A permit to release wildlife shall not be required for any person to release wildlife designated as non-controlled as specified in Fis 805.011(b).

(b) For purposes of this part, the following species or groups of wildlife shall be designated as non-controlled:

(1) Pigeons and doves (Columbiformes), exotic; and

(2) Feral pigeons (Columba domestica and C. livia).

Source. #9790-A. eff 1-1-11; ss by #10868, INTERIM, eff
6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 805.02 Permits To Release Wildlife.

(a) No live wildlife designated as controlled, the eggs or progeny thereof, shall be released without a permit to release wildlife or except as otherwise permitted under Fis 805.02(e), RSA 207:1-a, 214:34-d, or 209-A:3, IV, or unless the release of wildlife is specifically permitted under another permit such as birds for regulated shooting areas or individual training and shooting permits or fish for kid’s tournaments under this chapter.

(b) No person shall release or allow to be released any wildlife that is diseased or suspected of being diseased.

(c) No wildlife shall be released on the property of another without written landowner permission.

(d) A permit to release shall be valid from date of issuance to the end of the calendar year in which the permit was issued or the expiration of the health certificate, whichever is sooner.

(e) No permit to release wildlife shall be required to release indigenous wildlife captured or trapped by a landowner, as long as the release is on the landowner’s own land or on another landowners’ land and only with written permission of the other landowner.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6191, eff 2-22-96; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRES: 12-22-15

New. #11029, eff 1-26-16

Fis 805.03 Fish Health Certification. Any fish imported into the state to be released shall have a health certification as required in part Fis 803.07 - 10.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 805.04 Controlled Species- Release.

(a) No person shall release wildlife designated as controlled pursuant to Table 800.3 under (b), below, without a permit to release wildlife.

(b) A permit shall be issued only to a person in the permittee category(ies), as defined in Fis 802.01, and cited in Table 800.3 as follows:

Table 800.3 Controlled Species Table - Release

	PERMITTEE CATEGORY	SPECIES	SCIENTIFIC NAME
Fish	1,6	All indigenous or naturalized
Birds
	1, 2, 3, 4, 5, 7	Bobwhite, Northern	Colinus virginianus
	3, 4, 7	Mallard	Anas platyrhynchos
	1, 2, 3, 4, 5, 7	Pheasant, Ring-necked	Phasianus colchicus
	1, 2, 3,4, 5, 7	Partridge, Chukar/Redleg	Alectoris chuka
	1, 2, 3, 4, 5, 7	Partridge, Grey/Hungarian	Perdix perdix

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; amd by #9790-A, eff 1-1-11; EXPIRED: 6-5-15 (except for para. (b) intro. and the permittee category of birds in Table 800.3); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 805.05 Permit to Release Wildlife.

(a) Applications for a permit to release wildlife shall include the following:

(1) Name of applicant;

(2) Applicant's telephone number;

(3) Applicant's street address and mailing address;

(4) Species and number of wildlife to be released;

(5) Name, address and telephone number of person from whom wildlife was obtained;

(6) The applicant's importation, possession or propagation permit number, if applicable;

(7) The applicant's federal permit number, if applicable;

(8) Town of release or town and waterbodies for the release of fish;

(9) Exact location of all release sites;

(10) Purpose of release, to include activity and use; and

(11) Signature of the applicant.

(b) A permit fee in the amount of $25.00 dollars shall be submitted with each application.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 806 PROPAGATION OF WILDLIFE

Fis 806.01 Permit to Propagate Wildlife.

(a) No person shall engage in the propagation of wildlife without a permit from the executive director in accordance with RSA 212:25.

(b) No wildlife shall be propagated unless it has been designated as controlled for these purposes under Fis 804.05 and permit has been issued. For purposes of this provision, a propagator shall not be required to obtain a separate permit to possess.

(c) This permit shall be valid only for the premises described in the application. The permit shall not be transferable and shall not be assignable.

(d) A person permitted to possess wildlife as a propagator shall have the wildlife inspected by a veterinarian for disease, general health and condition at least once each calendar year. This shall not apply to propagators that raise and sell quail, pheasant or chucker partridge instate and who sell all of their birds by the end of the calendar year.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 806.02 Compliance Requirements. Permittees shall comply with the requirements of Fis 803 on importing wildlife and Fis 804 on possessing wildlife.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 806.03 Reporting.

(a) The permittee shall file an annual report with the executive director within 30 days of the expiration date of the permit or at the time of renewal.

(b) The report shall contain the following:

(1) The number and species of wildlife in possession at the end of the calendar year; and

(2) The sale, death, or gift of any wildlife possessed; and

(3) The number and species of wildlife sold or given away; and

(4) The name, address and telephone number of the recipient.

(c) The permittee shall notify the department in writing within 5 business days of any unexplained diseases or deaths occurring in wildlife possessed under a permit to propagate wildlife.

(d) Records of reporting required under (b) above shall be maintained and kept for the previous 3 years.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 806.04 Permit to Propagate.

(a) The applicant for a permit to propagate wildlife shall include the following on an application form:

(1) Name of applicant;

(2) Applicant's street address and mailing address;

(3) Applicant's telephone number and email address, if applicable;

(4) Address of the facility at which the wildlife is to be possessed;

(5) The wildlife species' common name, scientific name, number and sex of each species which will be propagated;

(6) Date of application;

(7) Federal permit number, if applicable; and

(8) Signature of applicant.

(b) Permittees requesting renewal of a propagation permit shall submit:

(1) A census listing of the number and species of wildlife in possession at the time of renewal; and

(2) Documentation that the wildlife have been inspected pursuant to Fis 806.01(d).

(c) A permit fee in the amount of $30.00 shall be submitted with each application or renewal application.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 806.05 Snowshoe Hare Live-Capture Requirements.

(a) As part of the fish and game department’s responsibility to recognize, preserve, and promote the state’s hunting heritage, these rules allow the continuance of a long-held tradition of hunting hares and rabbits with trained beagles by fostering responsible dog training and breeding and promoting interest in the hunting of snowshoe hares. The purpose of these rules is to allow the limited take of snowshoe hares in a manner that will not have an adverse effect on the population of snowshoe hares. These rules regulate the taking of live snowshoe hares from the wild within New Hampshire and allow a limited number of hares to be held in captivity for propagation and training purposes.

(b) Applicants for a “Permit to Live-Capture Snowshoe Hare” shall provide the following on the form:

(1) Name and home mailing address and telephone number;

(2) Applicant’s trapping license number;

(3) Beagle club affiliation and the address of the beagle club;

(4) A statement with the signature of the beagle club president authorizing the applicant to live-capture snowshoe hare on the club’s behalf.

(5) The number of a valid permit to propagate wildlife issued to the beagle club as specified in Fis 806.01 and Fis 806.04.

(c) The live-capture of snowshoe hares shall only be conducted by licensed trappers who have been designated by the club to live-capture hares on the club’s behalf, and be subject to the following conditions:

(1) The live-capture of snowshoe hares shall only be done during the open season for taking hares as specified in Fis 301.10(a)(1);

(2) Live-capture shall be conducted only on private land with written landowner permission.

(3) Live-capture shall be done only by box-trap;

(4) Traps shall be securely labeled with the name and contact information of the permittee;

(5) Traps shall be equipped with a weatherproof top;

(6) Each active trap shall be baited with enough apple, rabbit feed, or alfalfa to provide for the nourishment of a captured snowshoe hare for at least 24 hours;

(7) Traps shall be checked at least once in every calendar day;

(8) No more than 20 snowshoe hares per season may be live-captured by each qualifying beagle club with no more than 10 snowshoe hares live-captured per season from the combined area of wildlife management units H1, H2, I1, I2, J2, K, L, and M;

(9) No live capture of snowshoe hare shall be conducted in those areas closed to the taking of cottontail rabbits as specified in Fis 301.10(c);

(10) Snowshoe hares that die during live-capture efforts shall count as part of the 20 snowshoe hares allowed per year per club;

(11) Snowshoe hares not kept for training or propagation purposes shall be immediately released at the site of capture; and

(12) No more than 10 licensed trappers shall be designated per beagle club to live-capture snowshoe hare on that club’s behalf during the term of the permit.

(d) No fees shall be charged to any beagle club by persons engaged in snowshoe live-capture. This shall not preclude reimbursement of expenses associated with the live-capture and care of snowshoe hares by club members on behalf of their respective clubs.

(e) Live-captured snowshoe hares shall remain on the capturing club’s property and not be transferred elsewhere.

(f) Progeny of live-captured snowshoe hares may be transferred or exchanged with another permitted beagle club provided that no money shall be charged by either club to the other for the value of the animal.

(g) A permittee holding a snowshoe hare in captivity for propagation purposes shall:

(1) Hold the animal in accordance with the possession requirements of Fis 804; and

(2) At least once each calendar year contact the law enforcement division to request a visit from a conservation officer in order to select and remove one or more animals for inspection by a veterinarian.

(h) The conservation officer shall transport the selected animal(s) to the veterinarian, to be examined for disease, general health and condition, with the cost of the inspection to be borne by the permittee.

(i) Snowshoe hares that escape from established pens on club property may be recaptured during the open season for taking snowshoe hare within 50 yards of their established pens and shall not count towards the season limit.

(j) Any snowshoe hares live-captured and held for release under this program shall be released on club property within 2 days of capture.

(k) Each club shall provide to the department an annual “Snowshoe Hare Live-capture Summary Report” to include:

(1) The name and address of the beagle club;

(2) The date of report;

(3) The name of the individuals who live-captured or attempted to live-capture snowshoe hares on behalf of the club;

(4) The total number of:

a. Traps set; and

b. Days trapping occurred;

(5) The number of snowshoe hares caught, by sex, by town, and by WMU;

(6) The number of snowshoe hares that died as a result of live-capture efforts, by cause of death;

(7) The number of snowshoe hares retained for training;

(8) The number of snowshoe hares retained for propagation;

(9) The number of non-target animals captured and released by species, WMU, and town;

(10) The number of non-target mortalities by species, town and WMU;

(11) The number of snowshoe hares propagated on club grounds through a breeding program during the preceding calendar year;

(12) The written report of a veterinarian regarding the general health and condition of animals held for training or propagation purposes; and

(13) The name and signature of the person submitting the report, signed subject to the penalties for making unsworn false statements under RSA 641:3.

(l) Annual summary reports shall be submitted to the department by April 15th.  No permits to live-capture in subsequent years shall be issued to clubs until the annual report from the last year a permit was held is received.

Source. #8792, eff 1-9-07; ss by #10619, eff 6-2-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #12591, eff 7-25-18

Source. #8792, eff 1-9-07; ss by #10619, eff 6-2-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #12591, eff 7-25-18; ss by #13194, eff 4-24-21

PART Fis 807 AQUACULTURE - INLAND AND MARINE

REVISION NOTE:

Document #6028, effective 4-27-95, made extensive changes to the wording, format, and structure of Part Fis 807. Document #6028 replaces the prior filing in Document #5507, effective 11-20-92, for the sections in Part Fis 807.

Fis 807.01 Definitions.

(a) "Abutter" means any person whose property adjoins or is directly across a right of way from the site under consideration.

(b) "Littoral owner" means a shore front property owner who owns to the high water mark or other public/private boundary and whose property boundaries abut the site under consideration.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.02 License Required.

(a) An aquaculture license shall be required for any person engaging in aquaculture, as defined in RSA 211:62-e, of aquatic or marine species. The license shall include fishing preserves or fee-fishing operations, but no fee under this part shall be required for a fee-fishing operation wholly contained in a permitted regulated shooting area operation specified in Fis 808.

(b) An aquaculture licensee may raise and sell bait under Fis 807 without the requirement for a bait dealer license under 214:34. Any person taking bait from the wild and then raising and selling bait shall have both licenses.

(c) An aquaculture license shall not be issued unless the applicant possesses ownership title or possesses a lease hold to all land bordering the body of water, provided the waterbody is not public waters. This provision shall not apply to marine operations.

(d) No aquaculture licenses shall be issued for any operation in a public body of freshwater supporting natural populations of fish. This provision shall not apply to marine aquaculture operations.

(e) Only areas classified as "restricted" or "conditionally restricted", by the commissioner of the department of health and human services pursuant to He-P 2150.02, due to the presence of a waste water treatment outfall shall be considered for marine aquaculture operations which include harvesting of the wild natural shellfish.

(f) No aquaculture license shall be granted if the executive director determines that any portion of the aquaculture operation would adversely impact the state's aquatic or marine resources or would impose unacceptable disease, ecological, environmental, health, safety or welfare risks to persons, the environment, aquatic or marine species as required by RSA 211:62-e.

(g) Unacceptable risk shall be determined by considering any negative impact the aquaculture operation would have on persons, the environment, indigenous aquatic or marine species using the following criteria:

(1) The proposed species:

a. Life cycle;

b. Life history;

c. Reproductive habits; and

d. Habitat requirements;

(2) Genetics of the individual wildlife;

(3) Interaction with competing species;

(4) Food/habitat competition with indigenous species; and

(5) Other factors relating to the proposed operation such as:

a. Types of system, whether closed or controlled, and

b. Screened outlets or other enclosures.

(h) Aquaculture licenses shall be granted for the specific species listed on the application and permit.

(i) All importation and release of aquatic and marine species shall be in compliance with the requirements for the importation and release of wildlife in Fis 803 and Fis 805.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; ss by #10478, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.03 Application Procedure for an Inland Aquaculture License.

(a) Each applicant for an inland aquaculture license for aquatic species under RSA 211:62-e shall complete and submit an application form.

(b) The applicant shall include the following on the form:

(1) The name and address of applicant;

(2) The applicant's telephone number;

(3) Date of application;

(4) Type of aquaculture operation such as:

a. Fee fishing operation;

b. A fishing preserve;

c. Hatchery operation;

d. Fish for sale in restaurant/retail food market -as a- live or dead product; and

e. Bait fish for sale; and

f. Pond stocking;

(5) A statement as to who owns or controls the waters and land bordering the waterbody and whether applicant holds title or lease to such land;

(6) A list of the species to be cultured or possessed under the aquaculture license;

(7) A description of the proposed project, including methodology;

(8) The city or town in which the water is located;

(9) The location and description of the geographic area where the proposed project is to be undertaken;

(10) A statement as to the type of facility such as:

a. An artificial reservoir;

b. Natural pond;

c. Brook;

d. Stream;

e. Farm pond;

f. Rearing tanks; or

g. Other;

(11) If in a lake or pond, the name of the body of water if any and the following information:

a. The area of the waterbody when full;

b. The average depth;

c. The length and height of any dam;

d. The location of any inlet; and

e. Whether there are any screens on inlets; and

(12) If a non-navigable brook or stream, include the following information:

a. Length of brook or stream on applicants property;

b. What river system it empties into; and

c. Whether it is screened to hold fish within the boundaries of your premises.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.04 Conditions of the Inland Aquaculture License.

(a) An aquaculture license shall have additional specific conditions imposed such as listed in paragraph (b) below, if necessary to control any disease, genetic, ecological, environmental, health, safety or welfare risks to persons, the environment, aquatic or marine species.

(b) Conditions which address the type of operations shall include:

(1) The type of system - a closed system or controlled system;

(2) Screened outlets;

(3) Enclosures;

(4) Species restrictions; or

(5) Genetic restrictions.

(c) Screening devices or other methods of containment shall be maintained at all times to prevent the release of aquatic species into the wild.

(d) An aquaculture license may buy and resell or exchange species from another instate aquaculture business without being required to bring the species into the licensee's own hatchery facility.

(e) Aquaculture licensees shall be subject to the requirements for importing and releasing fish under Fis 803 and Fis 805 except that aquaculture licensees may stock brook trout, rainbow trout, or brown trout from their facility into non-public bodies of water that are closed systems without a permit to release fish.

(f) A copy of the aquaculture license shall be carried on all vehicles used for transporting species.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; amd by #9773-A, eff 1-1-11; paras. (a)-(d) and (f) EXPIRED: 6-5-15; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.05 Sale - Inland Aquaculture.

(a) Species propagated or raised under a commercial inland aquaculture license may be sold.

(b) The inland aquaculture licensee shall provide a dated bill of sale or record of the transaction to the purchaser.

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

(1) The species;

(2) Number/quantity;

(3) The aquaculture license number; and

(4) Hatchery Source.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.06 Reporting on an Inland Aquaculture License.

(a) For inland aquaculture licensees, no annual report for aquatic species shall be submitted to the department.

(b) Each inland aquaculture operation shall maintain records as follows:

(1) Of all aquatic species bought, sold or shipped;

(2) The name and address of the buyer and seller;

(3) The appropriate license or permit number of the buyer/seller;

(4) The transaction date;

(5) The species, number/pounds of each species in the transaction; and

(6) The origin of aquatic species involved.

(c) Such records shall be kept for a minimum of 2 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 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRES: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.07 Application Procedures for a Marine Aquaculture License.

(a) Each applicant for a marine aquaculture license under RSA 211:62-e shall make application in writing to the executive director.

(b) The applicant shall complete and submit an application containing the following:

(1) A list of the species to be managed or cultivated;

(2) A description of the proposed project, including:

a. Methodology;

b. The type of aquaculture operation such as bottom culture, suspended culture, pen culture or a land-based system;

c. The location and description of the geographic area where the proposed project is to be undertaken described by latitude and longitude coordinates and identified on the most detailed NOAA chart of the particular area or USGS map for a landbased operation;

d. Site specific information which is available including:

1. Tidal information;

2. Location of natural resources such as shellfish and eelgrass beds and finfish stocks;

3. Benthic characterization of sediment types;

4. Recreational and/or commercial activities in and around the site; and

5. Navigational aspects such as channels, navigational aids, vessel traffic, or moorings; and

e. Type, size and configuration of any gear used during any phase of the aquaculture operations and how it will be used;

(3) Source of organisms to be utilized throughout the project;

(4) Disposition of organisms during the various phases of the project;

(5) A list of any biocides, algaecides, antibiotics or other methods of control or treatment to be used during the project;

(6) A description of any restricted use proposed by the aquaculture project which shall include identifying any existing activity which would be restricted or prohibited;

(7) A written statement that the applicant either owns or has written permission from the owner(s) to exercise any littoral right, necessary to carry out the proposed project;

(8) List of agencies to whom copies of complete application will be sent as required in Fis 807.07 (g)( 2); and

(9) A copy of the current municipal tax map and complete list of names and addresses of all the abutters and littoral owners to the proposed project.

(c) Upon receipt of the application the executive director shall determine the completeness of the application and notify the applicant in writing within 30 days as to its completeness or describe fully any deficiency found.

(d) The department shall conduct a site assessment or evaluation for any area that has not had a site assessment completed within the previous 2 years. The department staff shall conduct the site assessment for purposes of verifying or updating data and information included in the application. Site assessments shall be conducted between May and October.

(e) The site assessment shall include but not limited to:

(1) Site visit;

(2) Benthic substrate evaluation to characterize the sediment types;

(3) Review of the fisheries uses in the area;

(4) Typical wildlife and aquatic plants;

(5) Location of channel, navigational aids, moorings;

(6) Recreational, commercial, or other activities being conducted in the area;

(7) Tidal information such as flow rate, height or direction; and

(8) Location of other aquaculture activities within one mile of the proposed site(s).

(f) After the complete application has been received and the department's site evaluation is complete, the executive director shall set a hearing date and notify the applicant of the date, time and location of the hearing.

(g) Upon being notified that the hearing date has been scheduled, the applicant shall:

(1) Send written notice at least 21 days prior to the public hearing by certified mail to all abutters and littoral owners of the proposed project, if different from the licensee, and submit copies of the certified receipts to the executive director; and

(2) Send copies of the complete application and notification of the public hearing to any other state or federal agencies that might require permitting, licensing or have jurisdiction over activities associated with the proposed project such as but not limited to:

a. The NH department of health and human services;

b. The NH department of environmental services;

c. The NH port authority, the Army Corps of Engineers;

d. The Environmental Protection Agency;

e. The United States Coast Guard; or

f. The National Marine Fisheries Services.

(h) The notice to land owners required in Fis 807.07(g)(1) shall include:

(1) The details of the project;

(2) The exact location(s) of the project;

(3) The date, time and place of the public hearing;

(4) The name and mailing address of executive director so that they can respond in writing; and

(5) The deadline for written comment which shall be 14 days after the scheduled public hearing.

(i) The executive director shall provide public notice in the newspaper of the scheduled hearing at least 21 days prior to the hearing. Any interested person may submit written comments on the proposed project to the executive director up to 14 days after the public hearing on the proposed aquaculture project.

(j) The executive director shall review all of the information to determine that the proposed aquaculture operation would not pose any unacceptable risk as specified in Fis 807.02(g), does not conflict with or negatively impact any recreational, commercial or other use currently being conducted in the area in and around the proposed project area, or does not adversely impact the value or use of private property in and around the projected area before issuing a license.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRES: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.08 Conditions of the License - Marine.

(a) All marine aquaculture operations and associated activities including, but not limited to, transporting and labeling and marking shellfish shall be conducted in compliance with all state and federal law and regulations.

(b) Persons licensed for aquaculture operations shall conduct environmental monitoring if the department deems it necessary to determine any degradation directly related to the aquaculture operation of the marine environment or marine species.

(c) The licensee shall report any unusual event that occurs within 48 hours to the executive director followed by a letter outlining the circumstances of the event within 5 days. An unusual event means any event related to the aquaculture operation that might have a negative impact on the environment.

(d) The issuance of license under this part shall not confer a waiver of liability for any degradation, directly related to the aquaculture operation, to the environment or marine species.

(e) When harvesting indigenous stocks, the licensee and the executive director shall agree on the number or quantity to be harvested and the timetable for harvest prior to the issuance of the license.

(f) The executive director shall revoke an aquaculture license, after notice and hearing in accordance with RSA 541-A and Fis 200, for violating one or more conditions described in the license.

(g) Any person whose aquaculture license has been revoked shall be required to reapply using the procedures outlined in Fis 807.07.

(h) There shall be at least 150 feet between locations of licensed marine bottom aquaculture operations inland of the General Sullivan Bridge.

(i) The maximum size of any licensed bottom aquaculture site inland of the General Sullivan Bridge shall be no greater than 4.5 acres.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; ss by #10264, eff 1-29-13; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.09 Sale and Marking - Marine.

(a) For marine aquaculture licensees, each package of product sold for use as food shall be marked with the species, number/quantity, the aquaculture license number, hatchery source, and destination.

(b) The marine aquaculture licensee shall provide a dated bill of sale or record of the transaction to the purchaser.

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

(1) The species;

(2) Number/quantity and size;

(3) The aquaculture license number;

(4) Hatchery source; and

(5) Destination.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.10 Reporting - Marine.

(a) Marine aquaculture licensees shall submit a report to the executive director by the 10^th of each month, for the previous month. Monthly aquaculture reports shall be submitted on paper or via electronic means and shall contain the following:

(1) Harvest date;

(2) Species sold;

(3) Number or pounds of species sold;

(4) Disposition of species sold;

(5) Ex-vessel value or price of species sold;

(6) Port, county, and state where species were landed;

(7) The aquaculture license number;

(8) Date species were sold;

(9) Grade and market size of species sold;

(10) Catch source; and

(11) For shellfish harvests, the following:

a. Time of harvest;

b. Time of icing; and

c. Temperature at receiving.

(b) Marine aquaculture licensees shall submit a report by January 31^st of each year, on paper or via electronic means, to the executive director. Annual aquaculture reports shall contain the following for the previous calendar year:

(1) Results and findings of the environmental monitoring in Fis 807.08(b);

(2) Any unusual events occurring during the year; and

(3) Summary of activities over the license year including imports and release information.

(c) The submission of complete annual aquaculture reports and all monthly aquaculture reports required during the duration of the current license shall be required for the renewal of any marine aquaculture license under Fis 807.11(1).

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by 11052, eff 3-9-16

Fis 807.11  Fees, Amendments, Renewals or Transfers.

(a)  The annual fee for an aquaculture license for a commercial inland operation shall be $100. For purposes of this section, "commercial inland operation" shall include fishing preserves or fee fishing operations.

(b)  The annual fee for an aquaculture license for an inland operation which is not commercial shall be $20.

(c)  The annual fee for an aquaculture license for a land-based marine operation shall be $100.

(d)  Fees for any aquaculture operation to be situated in marine or estuarine waters such as a bottom culture, suspended culture, or pen culture operation shall be as follows:

(1)  A non-refundable $200 application fee;

(2)  An annual license fee based on acreage covered by the license based on;

a. $200 per acre for bottom culture;

b. $500 per acre for suspended culture; or

c. $750 per acre for pen culture; and

(3)  Any person harvesting the state's wild natural resources or cultured resources shall be charged $.015 per individual organism for American oysters and a $.01 per pound processing fee for fish taken from a pen culture.

(e)  Annual commercial aquaculture licenses shall expire on December 31, but may be renewed annually as long as the operation is conducted under the conditions of the current license.

(f)  Oyster aquaculture operations in Great Bay Estuary may obtain a license good for 5 consecutive calendar years pursuant to RSA 211:62-e II-b.

(g)  Fees for the 5 year license shall be as follows:

(1)  A non-refundable $200 application fee;

(2)  A license fee based on acreage covered by the license based on:

a. $1000 per acre for bottom culture; or

b. $2500 per acre for suspended culture;

(3)  Any person harvesting the state's wild natural resources or cultured resources shall be charged $.015 per individual organism for American oysters; and

(4) A surcharge in the amount of $15 to be placed into the derelict fishing gear and coastal cleanup fund, established by RSA 211:77, unless exempted in accordance with RSA 211:62-e, II-b.

(h)  The 5 year license for commercial oyster aquaculture operations in Great Bay Estuary shall expire on December 31, but may be renewed as long as the operation is conducted under the conditions of the current license.

(i)  The fees in (d)(3), (g)(3), and (g)(4) shall be paid annually.

(j)  To amend the species on a current aquaculture license or add or change species covered by the license to a similar species within the same family, the licensee shall submit a new application, at no cost.

(k)  The licensee shall submit an application for a new license for requesting a change in the type of operation or species.

(l)  Renewal of an existing aquaculture license for an aquaculture operation in marine or estuarine waters shall be $100. This renewal fee shall be in addition to any fee required by Fis 807.11(d)(2), (d)(3), (g)(2), (g)(3), and (g)(4).

(m)  A commercial aquaculture license may be transferred along with a sale of a business to a new owner for the duration of that license provided all requirements and conditions of the license shall be met.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07; ss by #10264, eff 1-29-13; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #13476, eff 10-28-22

Fis 807.12 Competing Aquaculture Applications.

(a) In the event the department receives competing aquaculture applications for the same areas, the department shall give preference on a first-come first-served basis.

(b) If 2 or more applications for the same area are received by the department on the same business day, a lottery shall be held by the department to determine which application will be given preference.

(c) The lottery drawing shall be conducted in the following manner:

(1) Each competing application shall be assigned a unique number;

(2) Selection of winning number shall be done by computer selection of random numbers; and

(3) Applicants on each competing application shall be invited via email to attend the lottery.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #12652, eff 10-27-18

Fis 807.13 Waiver.

(a) The executive director shall waive rules relative to the possession and/or sale of undersize marine species, except lobster, for aquaculture operations if the executive director determines that the operation and handling of the species:

(1) Does not impact the management of that marine species;

(2) Does not jeopardize the enforcement efforts directed towards wild stocks; and

(3) Properly tracks source, quantity and destination of the species.

(b) The executive director shall waive rules relative to the method of taking marine species for aquaculture operations if the executive director determines that the manner and method of taking:

(1) Does not adversely impact the state's wildlife or marine resources in the area of the aquaculture operation;

(2) Does not adversely interfere with other users of the area;

(3) Is restricted to the area licensed for aquaculture; and

(4) Does not result in the possession of other marine species.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6028, eff 4-27-95 (See Revision Note at part heading for Fis 807); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.14 Aquaculture Raised Hybrid Striped Bass.

(a) The purpose of this rule is to provide consistency in the regulation of the sale of aquaculture raised hybrid striped bass. Aquaculture raised hybrid striped bass (Morone saxatilis X M. chrysops) produced for market create a potential outlet for undersized striped bass that could undermine the management and enforcement goals. Aquaculture raised striped bass for market can be easily and quickly shipped to all parts of the country. Regulations governing transport, handling, and sale are most effective if standardized among the states. This section is drafted to be consistent with provisions of Resolution IV adopted by the Atlantic States Marine Fisheries Commission in 1989.

(b) No person shall market, promote, advertise, or sell hybrid striped bass as "striped bass". Only the term "hybrid striped" bass shall be used.

(c) The licensee shall affix a tag or label to each fish container holding whole aquaculture raised hybrid striped bass.

(d) The tag shall be clearly marked as hybrid striped bass and contain the following:

(1) State of origin;

(2) Name and address of shipping and receiving dealers;

(3) State permit number, if applicable;

(4) Date shipped; and

(5) Weight of container.

(e) Whole hybrid striped bass or fillets of aquaculture raised hybrid striped bass shall have the skin attached.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 807.15 Protection of Aquaculture Gear and Product.

(a) No person, except the owner, the executive director, or his agent, shall molest, pull, tend, possess, or disturb any gear used in a licensed marine aquaculture operation or any marine species raised therein without the written permission of the owner.

(b) No person, except the licensee or an individual with written permission from the licensee, shall take or possess oysters, clams, or mussels from a licensed aquaculture site that is properly marked with yellow buoys at each corner.

Source. #10709, eff 1-1-15, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16; ss by #12368, eff 8-22-17

PART Fis 808 REGULATED SHOOTING AREAS

Fis 808.01 Statement of Applicability. Fis 808.03 shall not apply to any person licensed as a propagator for the purpose of taking wildlife in a hunting preserve setting prior to, including and continuously since 1968 but non-conforming tracts shall not increase in size. No new non-conforming tracts shall be permitted.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.02 Permit Requirements.

(a) Regulated shooting area permits specified in Fis 808.10 shall expire on December 31 of the calendar year of issuance unless sooner revoked.

(b) A regulated shooting area permit shall be valid only for the premises described in the application.

(c) Upon notification to the department, a regulated shooting area permit may be transferred along with a sale of a business to a new owner for the duration of that license provided all requirements and conditions of the license shall be met.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.03 Property Requirements.

(a) A regulated shooting area shall include up to, but not exceed, 500 contiguous acres.

(b) No regulated shooting area operation shall be conducted on land less than 50 acres.

(c) Land utilized for regulated shooting area activities may be privately owned or leased provided:

(1) The property shall be contiguous and not crossed or bisected by any public right-of-ways; and

(2) Any lease of land shall be for a term of not less than one year from the date of application.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.04 Posting of Land. All regulated shooting areas shall be posted in a manner as prescribed by RSA 635:4, and shall clearly delineate any areas within 300 feet of occupied dwellings and/or public ways which might pose a threat to non-participants in the event of a shooting activity.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.05 Required Elements of Regulated Shooting Area Rules.

(a) Each regulated shooting area shall establish rules for the regulated shooting area including but not limited to:

(1) Shooting hours;

(2) Qualifications for engaging in a shooting activity; and

(3) General rules for the safe operation of the area such as:

a. Shooting hours;

b. Range rules;

c. Field safety considerations; or

d. Other safety requirements.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.06 Municipal Notification.

(b) The department shall notify the municipality in writing of new applications and afford the town or municipality 30 days from the date on the letter to contact the department with any comments or concerns.

(c) No response from the town or municipality shall indicate that it has no comments to make during the application process and at which time the department shall resume the review of the application.

(d) The department shall deny any new application not in compliance with local zoning provisions and other local ordinances and codes.

(e) This section shall not apply to licensees applying for renewal of their current license for a regulated shooting area.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.07 Requirements for Taking of Certain Species.

(a) The taking of any species of wildlife from the licensed premises which is not listed on the regulated shooting area permit shall conform to all rules for such species as prescribed in Fis 300 and RSA 208, RSA 209 and RSA 210.

(b) The licensee shall provide a tag or receipt for all other wildlife taken under the regulated shooting area as identification that they were legally taken and possessed.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; amd by #6116, eff 11-22-95; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.08 Required Report.

(a) Regulated shooting area permittees shall file an annual report with the executive director within 30 days of the expiration date of the permit or at the time of renewal.

(b) The annual report required in (a) above shall include:

(1) The number of wildlife imported to the preserve;

(2) The number and species of wildlife released on to the regulated shooting area; and

(3) The number of wildlife taken from the permittee's premises;

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.09 Compliance Requirements. Regulated shooting area permittees shall comply with the requirements of parts Fis 803, Fis 804 and Fis 805 for the importation, possession and release of wildlife.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 808.10 Regulated Shooting Area Permit Application.

(a) Applicants for a regulated shooting area permit shall provide the following information on or with the application form:

(1) Name of applicant;

(2) Applicant's street address and mailing address;

(3) Applicant's telephone number and email address, if applicable;

(4) Address of the preserve;

(5) A plan of the premises including:

a. Clear delineation of all boundary lines, fences and roadways;

b. Location of all buildings, physical improvements and bodies of water;

c. All areas determined to be shooting or non-shooting areas; and

d. Total acreage of parcel;

(6) A copy of any lease and its terms, if applicable;

(7) A copy of the rules for the regulated shooting area;

(8) Date of application;

(9) Importation permit number, if applicable;

(10) Federal permit number, if applicable;

(11) The name and address of municipality where notification of application was sent; and

(12) Signature of applicant.

(b) For renewal of an existing regulated shooting area, the permittee shall request a renewal of the permit in writing by including on or with the application form:

(1) The permittee's name and address;

(2) A statement that there have been no changes to the original application and that the operation is in compliance with all of the fish and game regulations; and

(3) The annual report specified in Fis 808.08.

(c) A permit fee in the amount of $150.00 shall be submitted with each application and renewal application.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 809 INDIVIDUAL TRAINING AND SHOOTING PERMIT

Fis 809.01 "Individual training and shooting permit" means a permit issued for the purpose of releasing and/or taking of the released game birds to train dogs.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 809.02 Individual Training and Shooting Permit Requirements.

(a) An individual training and shooting permit shall be issued only to an individual person for the person's property or for use on another person's property provided written permission has been provided.

(b) The individual training and shooting permit shall allow an individual person to possess, release and shoot permitted wildlife solely for the purpose of teaching a dog to track, point, flush and/or retrieve game birds. No other activities shall be allowed under this permit.

(c) An individual training and shooting permit shall expire on December 31 of the calendar year of issuance unless sooner revoked.

(d) An individual training and shooting permit shall be valid only for the premises described in the application and the permit shall not be transferable or assignable. Applicants may list up to 5 sites.

(e) The individual training and shooting permit shall not be used as a regulated shooting area permit.

(f) No more than 3 licensed hunters with firearms shall use the same parcel of land at any one time, during a training session under this permit.

(g) No fees shall be charged by the permittee to another individual participating in this regulated activity.

(h) Each person training and shooting under an individual training and shooting permit shall have a license under RSA 214: 9 unless the person is a resident landowner engaged in the regulated activity on their own property pursuant to RSA 214:2.

(i) The permittee shall comply with the requirements for possession, except that a separate permit to possess shall not be required.

(j) During the open season the daily bag limits shall apply.

(k) On state owned or managed lands no shooting shall occur during the closed seasons.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 809.03 Individual Training and Shooting Permit Application.

(a) The applicant for an individual training and shooting permit shall include the following on the application form:

(1) Name of applicant;

(2) Applicant's street address and mailing address;

(3) Applicant's telephone number;

(4) Exact location of properties where proposed activity will occur;

(5) The name, address and telephone number of person giving applicant the right to use another person's property under this permit, if applicable;

(6) A copy of the written permission of landowner for use of the properties described above, if applicable;

(7) Date of application;

(8) Current hunting license number if applicable; and

(9) Signature of applicant.

(b) A permit fee in the amount of $20.00 shall be submitted with each application and renewal application.

(c) A hunting license shall not be required if the permittee is a resident landowner engaged in the regulated activity on their own property pursuant to RSA 214:2.

Source. (See Revision Note at chapter heading for Fis 800) #5507, eff 11-20-92; ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED 5-21-07

New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 810 EXHIBITION

Fis 810.01 Exhibition of Wildlife.

(a) A permit to exhibit wildlife shall be required for any person offering wildlife for exhibition to the public pursuant to RSA 207:14. This permit shall allow wildlife to be viewed by the public while the wildlife are restricted to an enclosure.

(b) There shall be no human contact with the wildlife except by the permittee except as specified in (c).

(c) Exhibitors permitted to exhibit fallow deer (Dama dama) or reindeer (Rangifer tarandus) may allow human contact with the deer.

(d) The permittee shall safe guard the public from exhibited wildlife.

(e) Applicants for permit to exhibit venomous reptiles shall demonstrate that they have 1,000 hours of practical experience in the handling and possession of venomous species.

Source. #6191, eff 2-22-96; ss by #6889, eff 11-21-98; ss by #7945, eff 8-28-03; ss by #8893, eff 6-5-07, EXPIRED:
6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 810.02 Requirements for Permit to Exhibit Wildlife.

(a) No permanent exhibition of live wildlife shall be located within 100 feet from the center line of any highway, road or street.

(b) Permits to exhibit shall expire on December 31 of the calendar year of issuance unless sooner revoked.

(c) A permit to exhibit shall be valid only for the fixed or mobile facility described in the application and the permit shall not be transferable or assignable.

(d) If applicable, the permittee shall possess all of the required federal permits and comply with all the laws and rules set forth by such permit for wildlife regulated by the United States Department of Agriculture and the USFWS. Possession of a federal permit shall not allow the possession of species that are prohibited by the state of New Hampshire.

(e) The permittee shall provide at all times the necessary protection to the wildlife to ensure its well being while in the public view and shall also conform with all requirements of this part.

(f) The permittee or the permittee's designee shall be present at the location where the wildlife is being exhibited.

(g) If the exhibition of wildlife is mobile or transitory in nature, the permittee shall provide, at least 48 hours in advance, a list of exhibition dates and locations in the state. A copy or fax of the itinerary required by the USDA which includes all exhibition dates and location in and out of state may be faxed or mailed to the department in lieu of making up a new list for instate locations only.

(h) Exhibitions, enclosures or cages not regulated by the United States Department of Agriculture shall conform to the pertinent enclosure or caging requirements for wildlife under Part Fis 804.

(i) A person with a permit to exhibit wildlife shall allow the executive director or the executive director's agents to inspect the enclosures, cages, exhibition facilities, wildlife and all pertinent reports to ensure compliance with the requirements of this chapter. Such inspection shall be undertaken at a reasonable time.

(j) No exhibitor shall import, acquire or add any new wildlife if the exhibitor is in direct non-compliance pursuant to USDA regulations or is not in compliance with the fish and game rules.

(k) Direct non-compliance means that the wildlife is being handled in such a way as to be a risk to the animal or the public and includes, but is not limited to:

(1) Unsafe shelter or enclosure;

(2) Potential for escape exists;

(3) Wildlife in immediate need of veterinary care;

(4) Spoiled food or other nutritional issues; and

(5) Improper ventilation for indoor housing.

(l) Exhibitors of venomous reptiles shall provide the department and their local EMS provider with an emergency procedures protocol to be followed in the event of a bite inflicted by a venomous reptile to include contact information for the source of anti-venom for each species in possession.

(m) Exhibitors of venomous reptiles shall provide written documentation of membership in an approved venom bank.

(n) Exhibitors of venomous reptiles shall micro-chip, for identification purposes, any specimens listed on the state’s threatened or endangered species list pursuant to Fis 1001.01(a) and Fis 1002.02(a).

(o) Exhibitors of venomous reptiles shall notify the department within 48 hours of any changes in inventory of venomous reptiles as a result of acquisition, reproduction and mortality.

(p) Specimens of reptiles listed in the threatened or endangered species list and in the possession of a permitted exhibitor shall not be sold or given away and shall be kept in compliance with RSA 212-A.

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 810.03 Restraints.

(a) Live wildlife may be chained or tethered to buildings or other suitable anchorage when exhibiting wildlife as part of a presentation at a fixed facility by direct supervision of a qualified exhibitor.

(b) Elephants may be chained or tethered when exhibited as part of a mobile or fixed facility.

(c) Tethering and/or leashed wildlife shall only be allowed on the property of the permittee or with prior written consent of the facility where the wildlife is being exhibited.

(d) Written consent, on a form provided by the department, shall include:

(1) Exhibitor's name and permit number;

(2) Name of facility;

(3) Name of the person accepting responsibility for facility; and

(4) Date of the presentation.

(e) A copy of the written consent shall be kept on the person exhibiting wildlife and available for inspection by any person.

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 810.04 Breeding and Sale of Wildlife.

(a) Exhibitors may sell wildlife to other licensed exhibitors.

(b) Moose and white tailed deer provided, pursuant to Fis 804.13(a) to an exhibitor licensed under this part shall not be propagated, sold, donated or disposed of.

(c) Violation of paragraph (b) shall result in the immediate loss of all moose or white-tailed deer and the loss of the exhibitors permit after notice and hearing in accordance with Fis 200.

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 810.05 Application for Permit to Exhibit.

(a) Applicants for a permit to exhibit shall make application subject to the penalties for making unsworn falsification under RSA 641:3.

(b) The applicant for a permit to exhibit shall provide the following on or with the application form:

(1) Name of applicant;

(2) Applicant's street address and mailing address;

(3) Applicant's telephone number and email address, if applicable;

(4) List of all wildlife to be exhibited including species, number and sex;

(5) Individual designated to be present at all times when wildlife is being exhibited;

(6) Federal Exhibitor's Permit number, if applicable;

(7) Location of permanent exhibition facility, if applicable;

(8) Location of planned exhibitions and dates, if applicable;

(9) Date of application;

(10) Importation permit number, if applicable;

(11) Propagation Permit number, if applicable; and

(12) Signature of applicant; and

(13) Written documentation that the wildlife was inspected in accordance with Fis 806.01(d).

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 810.06 Municipal Notification.

(a) The department shall also notify the municipality in writing of new applications for fixed facilities and afford the town or municipality 30 days from the date on the letter to contact the department with any comments or concerns.

(b) No response from the town or municipality shall indicate that it has no comments to make during the application process and at which time the department shall resume the review of the application.

(c) The applicant shall be in compliance with local zoning provisions and other local ordinances and codes.

(d) This section shall not apply to renewal of a current exhibitors permit by the original applicant.

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 810.07 Permit Fee.

(a) The annual permit fee of a fixed facility open to the public shall be $100.00. The fixed facility may also include a mobile facility;

(b) The annual permit fee for a mobile facility, which has no fixed facility open to the public, shall be $50.00;

(c) The annual permit fee for a mobile facility that is only open to the public 5 or less times per calendar year shall be $25.00.

(d) Out of state exhibitors who hold a USDA exhibitors license shall not be required to obtain an additional permit to import wildlife for these animals.

Source. #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 811 SALE OF WILDLIFE

Fis 811.01 Amphibians and Reptiles.

(a) No person shall sell spotted turtles (Clemmys guttata), Blanding's turtles (Emydoidea blandingii), wood turtles (Glyptemys insculpta) or Eastern box turtles (Terrapene carolina carolina).

(b) No person shall sell indigenous species of reptiles or amphibians listed in Table 800.2, including parts or eggs thereof, except:

(1) Non-living snapping turtles (Chelydra serpentina) and bull frogs (Rana catesbeiana) raised outside the state which may be possessed, bought and sold for use as food provided that with each package there shall be a bill of sale bearing the species, the weight of the package and the place of origin; and

(2) Non living amphibians and reptiles listed in Table 800.2 for category one obtained outside the state to be used for educational purposes.

Source. #6290, eff 7-20-96 (formerly Fis 1109.01); ss by #6889, eff 11-21-98, EXPIRED: 11-21-06

New. #8767, INTERIM, eff 11-22-06, EXPIRED: 5-21-07

New. #8893, eff 6-5-07, EXPIRED: 6-5-15

New. #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 812 WILDLIFE REHABILITATION

Fis 812.01 Wildlife Rehabilitation Permits.

(a) Pursuant to RSA 207:14, any person possessing wildlife to care for and rehabilitate the wildlife shall obtain a wildlife rehabilitation permit.

(b) There shall be 2 classes of wildlife rehabilitation permits as set forth below.

(1) A Class I apprentice wildlife rehabilitation permittee shall:

a. Be at least 18 years old;

b. Be sponsored by a holder of a Class II rehabilitation permit; and

c. Only care for wildlife while directly supervised by the Class I permittee’s sponsor; and

(2) A Class II wildlife rehabilitation permittee shall:

a. Be at least 18 years old; and

b. Either:

1. Work under the consultation and support of a licensed veterinarian and shall have satisfactorily completed 200 hours over a 2-year period as a Class I apprentice wildlife rehabilitation permittee;

2. Be a licensed veterinarian; or

3. Hold a valid wildlife rehabilitator license from another state.

(c) An applicant for a Class I apprentice rehabilitation permit shall provide the following on or with the application form:

(1) The name, address, telephone number, email address, if applicable, and date of birth of the applicant;

(2) The types of species of animals which the applicant is prepared to rehabilitate;

(3) Summary of experience in handling and caring for wildlife;

(4) The date of the application;

(5) The signature of the applicant;

(6) The name, address and telephone number of the sponsoring licensed Class II rehabilitator; and

(7) The signature of the sponsoring Class II rehabilitator.

(d) An applicant for a Class II rehabilitation permit shall provide the following on or with the application form:

(1) The name, address, telephone number, email address, if applicable, and date of birth of the applicant;

(2) The types of species of animals which the applicant is prepared to rehabilitate;

(3) Summary of experience in handling and caring for wildlife;

(4) The location of the rehabilitation facility;

(5) The date of the application;

(6) The signature of the applicant;

(7) The name, address and telephone number of a licensed veterinarian with whom the applicant can consult, if the applicant is not a veterinarian; and

(8) The signature of the consulting veterinarian, if the applicant is not a veterinarian.

(e) In order to be eligible for a Class II permit, an applicant either be a licensed veterinarian or shall submit a letter of support signed by the applicant’s Class II sponsor certifying that the applicant has met the 200 hour requirement in Fis 812.01(b)(2)b.1.

(f) Upon receipt of a complete Class II application, fish and game department personnel shall inspect the applicant's premises to determine if they are adequate for the care and rehabilitation of injured or orphaned wildlife.

(g) To be considered adequate, facilities shall:

(1) Include isolation cages for acute care that shall be of sufficient size to permit the animal to rest in its normal posture;

(2) Include larger holding cages of sufficient size to permit full freedom of movement and exercise for the recovery period;

(3) Be clean and well ventilated;

(4) Maintain wildlife in quiet surroundings accessible only to the permittee and assistants; and

(5) Comply with the housing requirements of wild animals as specified in the Third Edition, 2000, Minimum Standards for Wildlife Rehabilitation published by the International Wildlife Rehabilitation Council and the National Wildlife Rehabilitators Association, as specified in Appendix II.

(h) Permits shall be issued for not more than 2 years and shall expire on the second December 31 after issue.

(i) The executive director shall authorize the rehabilitation of certain rabies vector species (RVS) to rehabilitators who provide a signed statement that the permittee assumes full liability and responsibility for themselves and their assistants in the care of and contact with RVS. "Rabies vector species" means raccoons, woodchucks, fox, skunks or bats.

(j) Wildlife rehabilitation permittees shall request renewal by a written request to the executive director.

(k) For permit renewal, the permittee shall provide the following on or with the application form:

(1) Permittee's name, address, and email address, if applicable;

(2) Request for renewal;

(3) For Class I, the concurrence and signature of the sponsoring Class II rehabilitator;

(4) For Class II, the concurrence and signature of consulting veterinarian, if the applicant is not a veterinarian; and

(5) Signature of permittee.

(k) Class II rehabilitators may assign assistants to work with wildlife under their permit at the facility.

(l) Any person who, as of October 1, 2015, was licensed by the department as a Wildlife Rehabilitator shall be deemed a Class II Wildlife Rehabilitator.

Source. #6889, eff 11-21-98; ss by #7808, eff 12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; amd by #9880-A, eff 3-1-11, (paras. (a)-(c) & (e)-(k)); amd by
#9880-B, eff 3-1-11, (para. (d)); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 812.02 General Conditions.

(a) A federal permit issued by the U.S. Fish and Wildlife Service shall be secured by the permittee before receiving or rehabilitating any species protected by federal law.

(b) Permittees who acquire a federal or state listed endangered or threatened wildlife species, black bear, white-tailed deer, moose or bobcat shall, within 24 hours, notify the fish and game department's executive director or designee. The care and disposition of any of these species shall be handled under the direction of the executive director or his designee.

(c) Wildlife shall be released back into the wild as soon as the animal is physically capable of survival in the opinion of a consulting veterinarian and/or the rehabilitator.

(d) Wildlife shall be released into its natural habitat within the state of New Hampshire at a location agreed upon by the conservation officer assigned to the patrol area where the release is planned.

(e) Wildlife may be transferred to other rehabilitation permittees if better care or facilities are required and are available.

(f) Except as provided in Fis 812.04, relative to unreleasable wildlife, no wildlife shall be kept alive when, in the opinion of a consulting veterinarian, it becomes evident that rehabilitation and release into the wild is impossible.

(g) No injured wildlife shall be kept longer than 6 months, and no orphaned wildlife shall be kept longer than 10 months, except as provided in Fis 812.04. If the appropriate season for release is outside the timeframe the permittee shall notify the executive director which wildlife will be kept until the appropriate time for release and the expected date of release.

(h) The permittee shall keep human contact with wildlife being rehabilitated at a minimum.

(i) The fish and game department and its employees shall not be responsible for any costs and/or liability involved in the treatment of any wildlife.

Source. #6889, eff 11-21-98; ss by #7808, eff 12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A, eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 812.03 Record Keeping and Reporting Requirements.

(a) Permittees shall maintain a current record of all wildlife received and/or released which shall include the name and address of the permittee.

(b) For each animal received the record shall include the following:

(1) Species;

(2) Date wildlife was found;

(3) Location where wildlife was found;

(4) Date of admission;

(5) Name, address and telephone number of individual from whom acquired;

(6) Reason for admission;

(7) Date(s) of veterinary evaluation and/or treatment;

(8) Disposition;

(9) Date of disposition; and

(10) Release site.

(c) Permittees shall maintain records for 5 years.

(d) Permittees shall submit to the department a copy of all records kept pursuant to Fis 812.03(b) each year by January 31 of the following calendar year.

(d) Wildlife rehabilitation facilities and records shall be available for inspection by fish and game department personnel at any reasonable hour for the purpose of ascertaining compliance with these rules.

(e) Department personnel shall remove wildlife from the custody of the permittee if it is discovered that the permittee is not in compliance with Fis 812.02(a), (b), (e), (f), (g), or (h) or that is determined to pose significant risk as described in Fis 812.01(h).

Source. #6889, eff 11-21-98; ss by #7808, eff 12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A, eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 812.04 Unreleasable Wildlife.

(a) When it is determined by a consulting veterinarian that, after a period of rehabilitation, the wildlife is unreleasable or incapable of survival in the wild, the executive director shall issue, if requested by the permittee:

(1) A permit to possess individual wildlife, under Fis 804 for the following purposes:

a. For use in cross-fostering or surrogate parenting of orphaned or injured juveniles; or

b. Captive propagation or research as in the restoration and maintenance of threatened or endangered species; or

(2) A permit to exhibit unreleasable wildlife for use in educational displays or programs, which shall be obtained in accordance with Fis 810, provided that the animal in question is capable of feeding itself and adapting to captivity and handling and that the facility can provide long term care and maintenance of the animal.

(b) There shall be no fee for the permit to possess or permit to exhibit wildlife when wildlife remains in the possession of a licensed rehabilitator.

(c) The permit to possess or permit to exhibit shall only be for those individual animals determined to be unreleasable under Fis 812.04.

(d) In addition the permittee shall secure all appropriate USFWS or USDA federal permits to possess or exhibit federally regulated species.

Source. #6889, eff 11-21-98; ss by #7808, eff 12-25-02; ss by #9824, INTERIM, eff 11-24-10, EXPIRES: 5-23-11; ss by #9880-A, eff 3-1-11; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 813 FALCONRY PERMITS

Fis 813.01 Minimum Requirements and Application Procedures.

(a) Any person engaging in falconry or training raptors pursuant to RSA 209-A in New Hampshire shall possess a valid falconry permit, described in Fis 813.02, issued by the executive director.

(b) Falconry permits shall expire on December 31 and shall not be valid for more than 3 years from the date of issuance or renewal.

(c) Any person engaging in falconry shall comply with 50 CFR Section 21.29.

(d) Applications shall be obtained from:

New Hampshire Fish And Game Department

Wildlife Division

11 Hazen Drive

Concord, New Hampshire 03301

Attention: Falconry Permit.

(e) Applicants and permittees shall possess a current New Hampshire hunting license and all applicable stamps and permits.

(f) Nonresident falconers shall also:

(1) Present a copy of a current falconry permit from the state where they reside; and

(2) Demonstrate that they legally possess the raptors by presenting a Migratory Bird Acquisition and Disposition Report, form 3-186A, as required by the United States Department of Interior, Fish and Wildlife Service.

(g) Any person applying for a falconry permit shall pass the falconry examination with a correct score of at least 80 percent.

(h) The exam shall consist of 100 questions covering basic subjects of falconry such as:

(1) Natural history;

(2) Basic biology;

(3) Disease and treatment;

(4) Housing facilities;

(5) Handling, training and use of raptors; and

(6) State and federal laws and regulations.

(i) The applicant shall include the following on the application:

(1) The name of applicant;

(2) The address of applicant;

(3) The applicant’s date of birth;

(4) The telephone number and email address, if applicable, of applicant;

(5) The class of permit requested;

(6) New Hampshire hunting license number;

(7) Indication of what raptors the applicant intends on obtaining and the method of obtaining the bird(s); and

(8) The applicant's signature, signature of parent or guardian if applicant is under 18 years of age, and signature and address of sponsor if applicant is an apprentice, dated and signed subject to the penalties for making unsworn false statements under RSA 641:3.

(j) No person shall be issued a New Hampshire nonresident falconry permit of a higher class than the one held in another state. Any person who becomes a resident of the state and holds a valid falconry permit in another state may obtain the same class resident permit in New Hampshire.

Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.01)

New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 813.02 Permit Classes.

(a) There shall be 3 classes of falconry permits each subject to additional standards and conditions as specified below:

(1) A permittee in the apprentice falconry permit class shall:

a. Be at least 16 years old;

b. Be sponsored by a holder of a general or master falconry permit for the first 2 years;

c. Be accompanied for a minimum of 20 hours of direct supervision by the apprentice's sponsor annually when practicing falconry;

d. Not possess more than one raptor;

e. Possess only an American kestrel (Falco sparverius) or red-tailed hawk (Buteo jamaicensis); and

f. Not obtain more than one raptor for replacement during any 12-month period;

(2) A permittee in the general falconry permit class shall:

a. Be at least 18 years old;

b. Be recommended for the general falconry permit by apprentice's sponsor who shall attest, in writing to the department, of the apprentice's competence, general falconry knowledge and the 20 hours of direct supervision as specified in Fis 813.02(a)(1)(c);

c. Have at least 2 years’ experience in the practice of falconry at the apprentice level or a similar level of licensure in another state;

d. Sponsor no more than 2 apprentice permittees at one time after obtaining his general falconry permit;

e. Not possess more than 3 raptors for falconry; and

f. Not obtain more than 3 raptors for replacement birds during any 12-month period; and

(3) A permittee in the master falconry permit class shall:

a. Have at least 5 years’ experience at the general class level or a similar level of licensure in another state;

b. Not possess more than 3 raptors for falconry;

c. Not obtain more than 3 raptors for replacement birds during any 12-month period; and

d. Not sponsor more than 3 apprentice permittees at one time after obtaining the master falconry permit.

Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.02)

New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 813.03 Amendments and Renewals.

(a) Permittees requesting amendment or renewal shall make request on the application specified in Fis 813.01(i) for a falconry permit and include:

(1) The number of raptors possessed;

(2) Species;

(3) Age and sex of the bird, if known;

(4) Source and date of acquisition; and

(5) Applicant’s signature and date, signed subject to the penalties for making unsworn false statements under RSA 641:3.

(b) A $50.00 renewal fee shall be submitted with the request for renewal.

(c) No fee shall be required to amend a current permit to a higher class when the permittee meets all of the requirements of that higher class.

Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.03)

New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 813.04 Revocation of Permit and Seizure of Raptor.

(a) The executive director shall revoke a falconer's permit and seize permittee's raptors as follows:

(1) The executive director shall revoke a falconer's permit pursuant to RSA 214:19 if the permittee is convicted of any violation of state or federal game laws or regulations;

(2) The executive director shall revoke a falconry permit, after notice and hearing in accordance with RSA 541-A and Fis 200, for any failure by the permittee to comply with any of the terms of their falconry permit;

(3) During a period of revocation, the person whose permit was revoked shall be issued a permit to possess wildlife under Fis 804.05, except the executive director shall seize the raptors if the permittee's permit was revoked for failure to comply with Fis 813.05; and

(4) Raptors seized shall be disposed of pursuant to RSA 207:17, I.

Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.04)

New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRES: 12-22-15

New. #11029, eff 1-26-16

Fis 813.05 Housing and Care of Raptors.

(a) Falconry permittee's facilities and equipment shall be inspected and certified that the facilities meet or exceed the facilities and equipment requirement specified in 50 CFR Section 21.29(d), as specified in Appendix II, by a department representative prior to receiving a permit.

(b) The executive director or his agents shall inspect the permittee's facilities, equipment, records or raptors for the purpose of ascertaining compliance with this part. Such inspection shall be undertaken at a reasonable time.

Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.05)

New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 813.06 Marking.

(a) Any peregrine falcon, gyrfalcon or harris hawk, possessed for falconry, except a captive bred raptor lawfully marked by a numbered, seamless band, shall be banded with a permanent, non-reusable, numbered band in accordance with the federal regulations specified in 50 CFR Section 21.22 (c)(1).

(b) Bands shall be obtained by written request to the department. The band shall not be transferrable and shall be attached to the raptor immediately upon receipt.

(c) Any peregrine falcon, gyrfalcon or harris hawk possessed for falconry purposes shall be banded at all times. Loss or removal of any band shall be reported to the New Hampshire fish and game department within 5 calendar days and the lost band shall be replaced with a permanent, non-reusable, numbered band.

(d) Marking for raptor propagation purposes shall comply with federal regulations as specified in 50 CFR Section 21.30(e).

Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.06)

New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 813.07 Raptor Acquisition and Disposition.

(a) A falconry permit shall be required prior to obtaining a raptor.

(b) A migratory bird acquisition and disposition report, form 3-186A, shall be completed and submitted directly to the United States Fish and Wildlife Service within 5 calendar days of the following:

(1) The acquisition of a raptor taken from the wild or received from or transferred to another person;

(2) The loss of a raptor due to escape, release, theft or death; or

(3) The rebanding of a raptor which requires banding due to loss or illegibility of previously attached band.

(c) Young wild raptors, eyases, not yet capable of flight shall be taken only by a general or master falconer between May 15 and July 31, annually, subject to the following:

(1) A permittee shall obtain written permission from the landowner before taking an eyase on private land. On public lands, written permission shall be obtained from the controlling authority such as the town selectmen, state agency, public works, or parks and recreations department of a city;

(2) A permittee shall take not more than one eyase during a calendar year;

(3) No more than one eyase shall be taken from a nest;

(4) The nest shall initially contain 2 or more nestlings; and

(5) At the time of capture, the permittee shall install metal flashing at least 2 feet wide and wrapped completely around the tree trunk at least 4 feet from the ground and painted to match the color of the tree. Flashing shall be removed after the remaining eyase(s) has left the nest.

(d) First-year passage birds and adult American kestrels (Falco sparverius) shall be taken only by general or master permittees during the period of September 1 through December 31.

(e) Apprentice permittees, under the direct supervision of their sponsor, shall take only wild first-year red-tail hawks (Buteo jamaicensis) and wild adult or first-year American kestrels (Falco sparverius) during September 1 through December 31.

(f) General permittees shall not take or possess any species listed as threatened or endangered under 50 CFR 17.

(g) Master permittees shall not take, in any 12-month period, as part of a three-bird limitation, more than one raptor listed as threatened in 50 CFR 17 and then only in accordance with 50 CFR 17.

(h) A bal chatri type live trap, or other live traps and nets, may be used for taking raptors if they are used in a manner which minimizes the danger of injuring the raptor.

(i) At any time an escaped, marked raptor may be retaken by a permittee in accordance with the provisions of his/her permit.

(j) Eggs shall not be taken nor possessed at any time.

(k) No peregrine falcons shall be taken from the wild.

Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.07)

New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 813.08 Additional Restrictions and Requirements.

(a) A falconry permit holder shall not intentionally release to the wild any raptor without first obtaining a permit to release wildlife specified in Fis 805.02.

(b) Feathers that are molted or those feathers from birds held in captivity that die may be retained and exchanged by permittees only for imping purposes. "Imping" means damaged feather replacement.

(c) Permittees shall maintain complete records of information required in the migratory bird acquisition and deposition reports of all raptors acquired, transferred, lost or released.

(d) Raptors which die shall be reported on a properly completed form 3-186A submitted to the United States Fish and Wildlife service as required. Carcasses of dead raptors shall be buried unless otherwise authorized by written permission from the US Fish and Wildlife Service.

(e) Permittees, while practicing falconry, shall comply with all provisions of Title XVIII of the New Hampshire statutes and all applicable department rules pertaining to hunting seasons and bag limits for wildlife.

(f) When any raptor used in falconry kills any species of wildlife for which there is no open season or a species of wildlife for which the season is closed, the permittees using the raptor shall not take the dead wildlife into the permittee’s possession but shall leave it where it lies. The raptor shall be allowed to feed on such dead wildlife before leaving the site of the kill.

(g) Raptors held under authority of a falconry permit shall only be used for falconry, except they may be used for falconry demonstrations, which may include the actual flying of the raptor.

(h) Raptors which have been captured from the wild shall not be bought, sold, bartered or offered for sale or barter under a falconry permit.

(i) Captive bred progeny of lawfully acquired raptors may be bought, sold, bartered and offered for sale or barter under a falconry permit.

Source. #8220, INTERIM, eff 11-30-04, EXPIRED: 5-29-05 (formerly Fis 1108.08)

New. #8431, eff 9-20-05; ss by #10485, eff 1-1-14; ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 814 FIELD TRIALS

Fis 814.01 Definitions.

(a) “Field trial” means a competition and or examination event to determine the ability of dogs to point or flush and/or retrieve ruffed grouse, ring-necked pheasant, northern bobwhite quail, Hungarian partridge, chukar partridge, American woodcock, mallard ducks, pigeons or to track and trail Eastern cottontail rabbit, snowshoe hare, red and gray fox and raccoon.

(b) “Gunner” means an individual person designated by an hunting dog club to shoot pigeons or pen propagated mallard ducks, northern bobwhite quail, ring-necked pheasant, chukar and Hungarian partridge during a permitted shoot to retrieve field trial.

(c) “Shoot to retrieve field trial” means a field trial that examines the ability of dogs to point or flush and retrieve pen propagated northern bobwhite quail, ring-necked pheasant, chukar and Hungarian partridge or pigeons which are shot by a gunner.

Source. #9790-A, eff 1-1-11; ss by #10868, INTERIM, eff
6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 814.02 Field Trial Requirements.

(a) Bird dog clubs, rabbit dog clubs, retriever dog clubs, fox hound clubs or other hunting dog clubs wishing to conduct a field trial shall first obtain a field trial permit from the department which includes authorization for the possession and release of pigeons or pen propagated ring-necked pheasant, northern bobwhite quail, Hungarian partridge, chukar partridge or mallard ducks.

(b) All field trials shall be sanctioned or recognized by the American Kennel Club, United Kennel Club, North American Versatile Hunting Dog Association, American Field or other nationally recognized dog registry or association.

(c) Applications for field trials shall be submitted to the department either in person or through the mail at least 30 days prior to the anticipated date of the field trial.

(d) Only pigeons or pen propagated mallard ducks, northern bobwhite quail, ring-necked pheasant, chukar and Hungarian partridge may be possessed and released for field trials.

(e) During a permitted shoot to retrieve field trial only liberated pigeons, penpropagated mallard ducks, northern bobwhite quail, ring-necked pheasant, and chukar and Hungarian partridge, may be shot.

(f) Permittees shall be in compliance with Agr 2114.01 relative to the permit and certificate of veterinary inspection required for poultry before importing any birds into the state.

(g) Pigeons, pen-propagated game birds and mallard ducks used for a field trial may be released and taken only on the property defined in the permit where the field trial is to be conducted.

(h) The permittee shall comply with the requirements for possession as specified in Fis 804.09, 804.10, 804.15 and 804.16, except that separate permits to possess or release shall not be required.

(i) After release, pigeons, pen propagated game birds and mallard ducks may only be pursued by a properly registered participant and their dogs during the field trial event and on said property as specified on the permit.

(j) Daily bag or possession limits shall not apply to the pen propagated birds liberated and taken during a permitted shoot to retrieve field trial.

(k) All gunners under a shoot to retrieve field trial permit shall have a valid license under RSA 214: 9 unless the person is a resident landowner engaged in the regulated activity on their own property pursuant to RSA 214:2 or if the field trial is being held on a regulated shooting area.

(l) Applicants shall obtain written landowner permission on the application form.

(m) A field trial shall be held only during the dates and within the area identified in the permit application.

(n) No field trials shall be held on department pheasant release sites September 28 through December 31, except at Sharp’s Farm, Hopkinton, NH where field trials may resume as of November 1.

(o) Each permittee shall keep a register of the names and addresses of all participants of each field trial event for a period of 30 days after the close of the field trial and upon demand shall make this register available to any member of the department.

Source. #9790-A, eff 1-1-11; ss by #10868, INTERIM, eff
6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

Fis 814.03 Field Trials Application Form.

(a) Applicants for a field trial permit under RSA 207:13 shall make application on a form provided by the department which includes:

(1) The name, telephone number, physical address and mailing address of the applicant;

(2) The name and address of the club or association the applicant represents;

(3) An indication as to whether or not the proposed field trial is sanctioned by a qualifying, nationally recognized dog registry or association;

(4) The name of the nationally recognized dog registry or association;

(5) The type of dogs, such as flushing and retrieving, pointing or trailing dogs, which will be used in the trial;

(6) The date or dates the trial will be held;

(7) An indication if this is a shoot to retrieve field trial;

(8) An indication if the property where the field trial is to be held is state-managed lands;

(9) The name and town of residence of the landowner or landowners whose land will be used for the trial;

(9) The acreage and street address of the location of the proposed field trial;

(10) Signed written permission, on the application form, by the landowner or landowners to use the property described and on the dates specified on the application form;

(11) The species of game or game birds which will be used in the trial, and whether such wildlife will be wild or liberated by the applicant; and

(12) The signature of the applicant, signed and dated subject to penalties for making unsworn false statements under RSA 641:3.

(b) The permit fee of $9.50 shall be included with the application form.

Source. #9790-B, eff 1-1-11 (formerly Fis 1106.06); ss by #10868, INTERIM, eff 6-25-15, EXPIRED: 12-22-15

New. #11029, eff 1-26-16

PART Fis 815 PERMIT DENIAL AND APPEAL

Statutory Authority: RSA 206:10, I, RSA 207:14, I(c)

Fis 815.01 Denial of a Permit to Import, Possess, Sell, Exhibit, or Release Wildlife.

(a) Pursuant to RSA 207:14, I(a), a request for a permit to import, possess, sell, exhibit, or release wildlife shall be granted unless the chief of the fish and game department’s wildlife division denies such request due to risks of disease, genetic, ecological, environmental, health, safety, or welfare to persons, marine species, or other wildlife.

(b) The chief of the wildlife division shall notify the applicant in writing of the reasons a permit has been denied. Such notice shall be given within 60 days of the final request for a permit.

Source. #13513, eff 1-1-23

Fis 815.02 Appealing the Denial of a Permit to Import, Possess, Sell, Exhibit, or Release Wildlife.

(a) Any person denied a permit pursuant to Fis 815.01 may appeal the decision in writing to the executive director within 60 days of the denial, including the following information in the written appeal:

(1) Name of the person applying for a permit;

(2) Current contact information of the applicant:

a. Residential address;

b. Telephone number; and

c. Email address, if available;

(3) Species of wildlife requested to be imported, possessed, sold, exhibited, or released; and

(4) Purpose for the request.

(b) The executive director shall respond in writing within 60 days of receiving the written appeal to:

(1) Uphold the denial; or

(2) Overturn the denial and grant the permit.

Source. #13513, eff 1-1-23

Fis 815.03 Petitions to the Fish and Game Commission.

(a) Any person aggrieved by the decision of the executive director with regards to a permit denial pursuant to Fis 815.02 may appeal such decision by written petition to the fish and game commission (commission).

(b) Pursuant to RSA 206:4-a, VI, the commission shall hear the appeal within 45 days of receiving the written request.

(c) A majority vote of a quorum of commissioners shall be required to reverse the decision of the executive director.

(d) The commission’s ruling shall be in writing and issued within 14 days of the hearing.

Source. #13513, eff 1-1-23

Fis 815.04  Further Appeal.  Any person aggrieved by the ruling of the fish and game commission may seek further review, in accordance with the requirements of RSA 541.

Source. #13513, eff 1-1-23

APPENDIX I

Rule	Specific State Statute the Rule Implements
Fis 801.01-801.26; 802.01-802.06	RSA 206:10; 207:14, 211:62-e; 211:62; 212:25
Fis 802.01(a)(7)	RSA 206:10; RSA 207:14
Fis 802.03	RSA 206:10; 207:14; 211:62-e; 211:62; 212:25
Fis 803.01-803.08, 804.01-804.18, 805.01-805.05	RSA 206:10; 207:14
Fis 803.02(b)	RSA 207:14
Fis 803.03	RSA 206:10, I; RSA 207:14; RSA 437:17-a
Fis 803.04	RSA 206:10, I; RSA 207:14; RSA 437:17-a
Fis 804.05	RSA 206:10, I; RSA 207:14
Fis 803.06(b)	RSA 207:14
Fis 803.08	RSA 206:10; 207:14
Fis 803.09 – 803.13	RSA 206:10; 207:14
Fis 803.09(b) and (c)	RSA 211:4
Fis 804.02(b)	RSA 207:14
Fis 804.02(b)(6)d.	RSA 207:14; 437:17-a
Fis 804.02(b)(7)	RSA 207:14
Fis 804.03(b)(3)	RSA 207:14; 437:17-a
Fis 804.05(b)	RSA 207:14
Fis 804.14(a)	RSA 207:14
Fis 805.01	RSA 206:10, I; RSA 207:14
Fis 805.04(b)	RSA 206:10; RSA 207:14
Fis 806.01-806.04	RSA 206:10; 207:14, 211:62; 212:25
Fis 806.05	RSA 206:10; RSA 207:12-a, II; RSA 212:25
Fis 807.01-807.07; 807.09-807.10; 807.12-807.14; 808.01-808.10; 809.01-809.03; 810.01- 810.07; 811.01	RSA 206:10; 207:14, 211:62-e; 211:62
Fis 807.04(e)	RSA 206:10; 211:62-e
Fis 807.08	RSA 211:62-e
Fis 807.11	RSA 206:10, I; RSA 211:62-e, II-b
Fis 807.15	RSA 211:62-e, II-a
Fis 812.01-812.04	RSA 207:14
Fis 813.01 - 813.08	RSA 209-A:3; 50 CFR Part 21.29
Fis 814.01-814.02	RSA 207:13; RSA 207:14
Fis 814.03	RSA 207:13
Fis 815	RSA 206:10, I; RSA 207:14, I(c); RSA 541

Appendix II - Incorporation by Reference

Rule	Title	Obtain at:
Fis 803.09(c)	“Suggested Procedures for the Detection and Identification of Certain Finfish and Shellfish Pathogens", 2016 Edition, developed by the Fish Health Section (FHS) of the American Fisheries Society	American Fisheries Society 425 Barlow Place, Suite 110 Bethesda, MD 20814-2144 Phone: (301) 897-8616 Fax: (301) 897-8096 Online at: https://units.fisheries.org/fhs/fish-health-section-blue-book-2016/